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HomeMy WebLinkAbout68-19 RESOLUTION� fsrrr: a 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 68-19 File Number: 2019-0146 BID #19-22 N.E.C., INC.: A RESOLUTION TO AWARD BID #19-22 AND AUTHORIZE A CONTRACT WITH N.E.C., INC. IN THE AMOUNT OF $427,623.50 FOR CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,700.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #19- 22 and authorizes Mayor Jordan to sign a contract with N.E.C., Inc. in the amount of $427,623.50 for construction of the Cedarwood and Glenwood drainage improvements, and further approves a project contingency in the amount of $42,700.00. PASSED and APPROVED on 3/19/2019 Page 1 Attest: �Iell— ... Sondra E. Sm ,Zity ClerkTf -firer t'AYETTEVILLE: to N- 11to il'i Printed on 3120119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 rt� - Text File File Number: 2019-0146 Agenda Date: 3/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 BID #19-22 N.E.C., INC.: A RESOLUTION TO AWARD BID #19-22 AND AUTHORIZE A CONTRACT WITH N.E.C., INC. IN THE AMOUNT OF $427,623.50 FOR CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,700.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #19-22 and authorizes Mayor Jordan to sign a contract with N.E.C., Inc. in the amount of $427,623.50 for construction of the Cedarwood and Glenwood drainage improvements, and further approves a project contingency in the amount of $42,700.00. City of Fayetteville, Arkansas Page 1 Printed on 3/20/2019 Matt Casey Submitted By City of Fayetteville Staff Review Form 2019-0146 3/19/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2019 Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Approval of a contract in the amount of $427,623.50 with NEC, Inc. for the construction of the Cedarwood and Glennwood Drainage Improvements Project and approval of a project contingency of $42,700.00 (10%). 4470.621.8810-5809.00 Account Number 02108.1807.10 Budget Impact: Sales Tax Capital Improvements Engineering, Bridge & Drainage Improvements Fund Cedarwood & Glennwood Sub, Drainage Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Project Title $ 470,500.00 1.500.00 $ 470,323.50 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Amount includes bid amount of $427,623.50 plus a 10% contingency of $42,700.00. 176.50 V20180321 CITY OF FAYETTEVILLE f ARKANSAS MEETING OF MARCH 19, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager CITY COUNCIL MEMO DATE: February 28, 2019 SUBJECT: Approval of a contract in the amount of $427,623.50 with NEC, Inc. for the construction of the Cedarwood and Glennwood Drainage Improvements Project and approval of a project contingency of $42,700.00 (10%). RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $427,623.50 with NEC, Inc. for the construction of the Cedarwood and Glenwood Drainage Improvement Project and approval of a project contingency of $42,700.00 (10%). BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for this project. The project includes Installation of approximately 700 linear feet of 30" to 48" storm sewer pipe from Niokaska Creek across E. Ferguson Avenue and across E. Country Way up to the First Free Will Baptist Church property. This project replaces existing 18" to 24" storm sewer pipe that is much too small to handle the amount of water that drains through this subdivision during larger rain events. DISCUSSION: On February 20, 2019, the City received four (4) construction bids for this project. NEC, Inc. submitted the low bid which was approximately 22% above the Engineer's Estimate of $351,166.50. Engineering staff recommends awarding this contract to NEC, Inc.. The contract time is 365 days (12 months) for final completion. BUDGET/STAFF IMPACT: The water and sewer relocations in this project are funded by the Sales Tax Capital Improvements Bridge and Drainage Improvements Fund.. Attachments: Section 0500 Agreement Bid Submittal Bid Tab Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 C�:EIDAF?WC3OO 4& C="LENWaa[] MRAI NA4GE 1 M PFRQVEM ENTS P"AS E 1 for the amity of Faycttcville BID # 19-22, CONSTRUCTION FEB, 2019 u OLD VARRD Project Location TDwrisH'P ST. TOWNSHIP 5T. Q -U K yr O VICINITY MAP All ft- CITY OF FAYETTEVILLE ARKANSAS www,fayetteviUe-ar,gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 PROJECT: ENGR. No. 8126 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE Contract No.: 19-22, Construction THIS AGREEMENT is dated as of the � day of in the year 2019 by and between The City of Fayetteville, Arkansas and G , (hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The project requires demolition, removal, and replacement of existing storm sewer inlets and pipe, curb and gutter, fencing, waterlines, sidewalk, and asphalt pavement. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville 00500 Agreement 00500- 1 DOCUMENT (10500 - AGREEMENT (continued) Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 180 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 210 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES; A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion 00500 Agreement 00500-2 DOCUMENT 00500 -- AGRI1FiMENT continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. AI;ITICLE 5 - PAYMENT PROCEDURES 5.01 SUBMIT-TAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS. RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOC UNYENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. A RTICLE 7 - CONTRACT DOCUNTE NTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Cedarwood & Gl.ennwood Drainage Improvements, Phase 1 8. Addenda numbers inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMEN'TT continued) 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGN ENT OF CONTRA A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREFQOM,OF INFORMATION ACT; A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts 00500 Agreement 00500-9 DOCUMENT 00500 -- AGREEMENT(egntinu.ed) each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on ANX f JA 201t, which is the Effective Date of the Agreement. CONTRACTOR: lkl '9C �Tn G - CITY OF FAYETTEVILLE By: "A l y Title: Title: Mayor 00500 Agreement 00500- 10 DOCUMENT 00500 — AGREEMENT (continued) Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of gfkt to document that the corporation, corporate entity or LLC is in current "Good Standing" .•',a4l�fir State of Arkansas and such entity is permitted to perform work in the State of Arkansas. 0 . (SEAL) • .. ,� (SEAL) i[t:- 00500 tc-�L.r(� Attest -- -- Agreement 00500-11 Arkansas Secretary of State https://www.sos.arkansas.gov/corps/search—corps.php?DETAIL=2... Search Incorporations, Cooperatives. Banks and Insurance Companies Printer Friendly Version LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results F3 :ci:n N :i Stt arca, For service Of process contact the $ecretary of 51a.1e's office. Corporation Name N.E.C., INC. Fictitious Names Filing # 800030724 Filing Type For Profit Corporation Filed under Act Dom Bus Corp; 958 of 1987 Status Good Standing Principal Address Reg. Agent MICHAEL J. NECESSARY Agent Address 2425 SOUTH 5TH PLACE ROGERS, AR 72758 Date Filed 03/30/2004 Officers GEORGE R. RHOADS , Incorporator/Organizer KEVIN NECESSARY, President MIKE NECESSARY, Secretary MICHAEL J. NECESSARY, Vice -President LEA MAZANEC , Controller Foreign Name N/A Foreign Address State of Origin N/A Purchase a Certificate of Good Pay Franchise Tax. for this corporation $tanding for this Entity 1 of 1 3/25/2019, 8:33 AM ,a �fi E:, DOCUMENT 00500 —AGREEMENT (continued) Address for giving notices License No. OL46 7 60 Agent for Service of process (Type or legibly print) (Signature) Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500-12 SECRETARY ma ' OF STAT Charlie Daniels SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: I, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Articles of Incorporation of N.E.C., INC. filed in this office March 30, 2004 In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 30th day of March 2004. Secretary of State Arkansas Secretary of State - Document No.: 1826450002 - Date Filed: 0330-2004 12:22 PM - Total Pages: 2 ARTICLES OF INCORPORATION OF N.E.C., INC. I, the undersigned, a natural person of the age of twenty -ons: (21) years or more, acting as the incorporator of a corporation pursuant to the provisions of the Arkansas Business Corporation Act of 1987, adopt the following Articles of Incorporation: 1. The name of the corporation is N.E.C., Inc. 2. The period of its duration is perpetual. I The purposes for which the corporation is organized are: (a) To engage in the construction business and to do every other act and thing commonly done by persons in such business. (b) To acquire, own, mortgage, pledge, sell or assign or to transfer, dispose of, invest, deal in and with, real and personal property and services of every class and description; and (c) To carry on any other lawful trade or business under the Arkansas Business Corporation Act. te k of the 4� The total number of shares�of commonorized es of the stock with a parava3n�of $001 p�r� anion is twenty-five thousand (15,000) 5. The address of the initial registered office of this corporation is 119 South Second Street, Rogers, Arkansas 72756, and the name of its registered agent at such address is George R. Rhoads. 6. The name and address of the incorporator are George R. Rhoads, 119 South Second Street, Rogers, Arkansas 72756. 7. The initial number of directors of the corporation shall be two. 8. The President and Secretary of the corporation shall have the authority on behalf of the corporation to enter into any contract between the corporation and all of its shareholders: (a) Iinposing restrictions tin, future transfer (whether ilItcr vivos, by inheritance or testamentary gift), hypothecation or other disposition of its shares; (b) Granting purchase options to the corporation or its shareholders; or (c) Requiring the corporation or its shareholders to purchase such shares upon stated contingencies. 9. To the fullest extent permitted by Arkansas Business Corporation Act as it now ration the exists or niayits stockholders bamended. formonetary rof this damagesc forobreach sof lnot be fiduciaryiable duty as a corporation or its stackho 1s Director, 10. All shares of stock issued by the corporation shall be represented by certificates. 11. The existence of the corporation shall be delayed from the date of filing of these Articles of Incorporation with the Secretary of State until April 15, 2004. EXECUTED in duplicate this 24th day of March, 4. GeoAR.oads STATE OF ARKANSAS ) ) SS COUNTY OF BENTON ) SUBSCRIBED AND SWORN to before me, the undersigned Notary Public this 24th day of March, 2004. Seal & Commission Expiration: OFFICIAL SEAL .JUDITH A. SEARS NOTARY PUBLIC. ARKANSAS BENTON COUNTY COMMISSION EXP. 04/15/2012 'WE, I r 1 r CERTIFICATE I, the undersigned, being the duly elected and'seiving Secretary of N.E.C., Inc., an Arkansas corporation, hereby certify that at a duly called meeting of the Board of Directors of the Corporation, the Directors passed the following resolution: RESOLVED, that the President of this Corporation and the Secretary of this Corporation, be, and hereby are, authorized on behalf of and in the name of the Corporation to: (a) Negotiate and procure loans, letters of credit, financial commitments, sign contracts, and give security in both real and personal property. (b) Give security for any liability, guaranty, assignment, pledge and accommodation of this Corporation to a lending institution by mortgage, pledge or assignment or a lien upon any personal or real property, tangible or intangible, of the Corporation, and (c) Execute in such form as may be required by a lending institution all notes, documents of indebtedness, and other evidences of such loans, and all instruments of pledge, assignment or lien. FURTHER RESOLVED, that the lending institution be, and herby is, authorized and directed to pay proceeds of any such loans as directed by the President and Secretary, FURTHER RESOLVED, that this resolution shall continue in force, and said lending institution may consider the Officers set forth herein to be and continue to be the Officers of the Corporation until notice to the contrary in writing is duly served on said lending institution. We further certify that the following are all of the Officers of this Corporation: Kevin J. Necessary President Michael J. Necessary Secretary IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of April, 2004. Corporate Seal icha- e J ecessary, Secretary 7- License No. 0148780419 State of Arkansas Commercial Contractors Licensing Board N.E.C., INC. 2425 S 5TH PLACE ROGERS, AR 72758 This is to Certify That N.E.C., INC. i D #18391 is duly licensed under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION This contractor has an unlimited suggested bid limit. from April 27, 2018 until April 30, 2019 when this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas: oyz' /2X— CHAIRMAN SECRETARY April 27, 2018 - sh THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we N.E.C., Inc. 2425 S. 5th Place, Rogers, AR 72758 as Principal, hereinafter called the Principal, and (Here Insert full name and address or legal title of Surety) Merchants Bonding Company (Mutual) P.0 BOX 14498, Des Moines, Iowa, 50306 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville 113 W. Mountain Street, Fayetteville, AR 72701 (Here Insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid--------------------------------- Dollars( 5% GAB ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and descaipllon of project) Cedarwood and Glenwood Drainage Improvements; Bid 19-22 Construction NOW, THEREFORE, 9 the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed and sealed this 21st day of February, 2019 (Witness) A - I r U C�U-tL (Witness) IT N.E -(SeA j1wy#�'5, jz -y Ne-,-_,SaPy Merchants Bondi om an Mutual (Surety) (Seat) r Mary,ioZa a kl t c) Attt)may-In-fact ` AIA DOCUMENT A310 - BID 13OND -AIA 0 - FEBRUARY 1977 E❑ • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W , WASHINGTON, D. C. 20006 Printed on Recycled Paper 9/93 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the 'Companies'), and that the Companies do hereby make, constitute and appoint, Individually, Cheri Irby; James B Rogers Jr; Josh Tritt; Mary Jo Zakrzewski; Michael L Tullis of Little Rock and State of Arkansas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety arty and all bonds, undertakings, recogruzances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. ONE MILLION ($1,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fad, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Presideni On ihls 13th day of August 2014. before me appeared Lang Taycor, to me personally known• who being by rite duly seam did say that he is President 61 the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC.: and that the seals affixed to the foregoing Instrumenf is the Corporate Seals of the Companies; and that the said Insirument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, lows, the day and year first above written. WENDY WOODY Commission Number 784654Q'; 1`i" My Commission Expires rvy,P June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. k� W,fness Whereof, I have hereunto set tt]]my hand i!Y57154' day of ' '1 ,,..,�", '" - c .- _ �• 2003 : ��- P10A 414 (7114) �... �.... 1• and affixed the seal of the Companies on �d%x%G Co ,•Q,4•pT,EPU�.•. qy Z ..y 1933 Secratary Project Manual CITY OF FAYETTEVILLE ARKANSAS Engineering Division 113 West Mountain Street Fayetteville, Arkansas 72701 CEDARWOOD & GLEN'WOOD DRAINAGE IMPROVEMENTS PHASE I BID # 19-22, Construction Date: January 2019 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: Contract Name: CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE I Bid #: 19-22, Construction Date: fp SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: r Company, I --C ro C_ Name lf t �c--eesex-t( Address .2 1,2'�—`f'�lock-, fl,Ig rs ltir Principal Office Corportion, partnership, individual, joint venture, other 0 lt4o 7 , A Y--- _ _ Arkansas State General Contractor's License Number 0� (Type or legibly print) EXPERIENCE STATEMENT Bidder has been engaged as a General Contractor in construction for .31 years and has performed work of the nature and magnitude of this Contract for 31 years. Bidder has been in business under its present name for )-5- years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 00140 -Bidder Qualifications 00140- 1 DOC UIIENT 00140 — BIDDER'S UALIFICATION STATEMENT: CONTINUED Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. Bidder normally performs the following work with his own forces: Y/e,.. 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 4� /QFC 9C� 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: 8. Bidder's Workmen's Compensation Experience Modifier Factor is: 0169. 00140 -Bidder Qualifications 00140-2 GRADING, TRUCKING, UTILJTy, AND CONCRETE CONTRACTORS Bidder's Qualification Statement: February 21, 2019 3 Previous Projects: Lakewood Subdivision Phase IV Utilities only Rogers, AR Owner Rausch Coleman Home, LLC Ben Kennedy rep. 479-225-5456 Engineer: Crafton and Tull Engineers Jim Everett rep. 479-366-4756 Completed June of 2018 $301,000.00 100% performed by NEC, Inc. Cincinnati Surety Co. Josh Tritt rep. 479-270-7377 AR State Police — Troop L Lowell, AR Turn Key Construction Management, Mike Gail rep. 479-640-6335 McClelland Engineers. Rick McGraw rep. 903-277-8821 Complete March of 2019 $1.9 million 100 % performed by NEC, Inc. Cincinnati Surety Co. Josh Tritt rep. 479-270-7377 Riverwalk Subdivision Phase 2 Fayetteville, AR Riggins Commercial Construction Kevin Riggins Rep 479-601-6404 Jorgensen and Associates Engineers Blake Jorgensen 479-442-9127 Complete January 2019 $1.4 mil 95% performed by NEC, Inc. Cincinnati Surety Co. Josh Tritt rep. 479-270-7377 Phone: 479.621.6324 2425 S. 51' Place Rogers, AR 72758 Fax: 479.621.6328 DOCUMENT 00149 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) FINANCIAL STATEMENT A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: I . Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Crede urs a.� b. Where Docketed and [lite Amount 00140 -Bidder Qualifications 00140-3 DOCUMENT 00140— BIDDER'S UALIFICATION STATEMENT: CONTINUED Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: 2019 (OFFICIAL SEAL) Name of Organization: r C.y. By -� (Type or legibly print) %!e vt 7 IV e ceS R r y. %Y (Signature) Title Dry �P (Type or legibly print) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140 -Bidder Qualifications 00140-4 DOCUMENT 0400-131ri FORM Contract Name: CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE 1 Bid Number: 19-22, CONSTRUCTION Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400-1 DOCUMENT 0400-B]D FURNI (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 4111 r B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 0400 -Bid Form 00400-2 DOCUMENT 0400-1131D FORM (con Iinped) investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 0400 -Bid Form 00400-3 DOCU Mi ENT 0400 BID FORM frontinuedl Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization' exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): 0400 -Bid Form 00400-4 DOCUMENT 0400 -BID FORM fcyntinued) BID SCHEDULE ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL I Mobilization (Shall not exceed 5% of Total Bid) LS 1 7,2 2 Insurance and Bonding LS 1 Qty, OD g . GB.CID 3 Construction Control (Staking) LS 1 A/01,7i Co o,,Z, oc:) 4 Trench & Excavation Safety Systems LS 1 7 aD 5D7, CID 5 Clearing, Grubbing, & Demolition LS 1 c, 1W (C) . 5.4 , 0!!> 6 R & D Curb and Gutter LF 275 ap &2,? 7 R & D Asphalt Pavement SY 475 6j 50 7, 5� 8 R & D 6' Wood Privacy Fence LF 315 13, <p .4p53� Ob 9 R & D Chain Link Fence LF 40 O 10 R & D 4' Wood Picket Fence LF 75 11 R & D Concrete Driveway SY 100 4,160 G .36 -0• (D (5 12 R & D Concrete Sidewalk SY 35 5 fo S'O 77 6-0 13 R & D Storm Sewer LF 585 6-3 0, Qa 14 R & D Concrete Ditch Paving SY 5 L 5-0 5-/�2 50 15 R & D Drop Inlets EA 5 /1 /,00 y J l7 16 Remove and Reinstall Shed in existing location EA 2 2 3 �' , ) 17 Rock Excavation CY 50 2 18 Misc. Grading LS 1 / Ai, i -)?- 19 19 4" Topsoil Placement SY 1560 9 6-0 /-'/g2o, 4b 20 Undercut and Stone Backfill Cy 50 3-0 �, 'yam J-, 6O 0400 -Bid Form 00400-5 ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 21 30" RCP, Class III LF 130 J,3 j= a OCA 22 36" RCP, Class III LF 240 J,Z $ , y�i 30 y 0, 00 23 42" RCP, Class III LF 185 W, SO -29 77, 9-0 24 36" RCP, Class IV, Under Pavement LF 55 177,5-01 4a, "c" 25 42" RCP, Class IV, Under Pavement LF 45 ,215, Ji G 17, j7 26 42" RCP, FES with Curtain Wall EA 1 3 3g3, 3 3, 00 27 5' Drop Inlet (Type MO) EA 5 3-W p r2 / -710, CO 28 5' Diameter Area Inlet (Type MO) EA 1 Dc:> 29 8' Drop Inlet Extension EA 1 �/ , �) li• OU 30 12' Drop Inlet Extension EA 11 .2 3 76, ) r2 3 7 31 Concrete Channel Paving SY 5 32 jAsphalt Concrete Hot Mix Surface Course TON 90 f e%, Z) O O. Z/0,0c) 33 T -Patch (Concrete Only) SY 45 �, h� % 50 34 Concrete Curb and Gutter (Standard 18") LF 275 CZ-) 35 4" Thick Concrete with Class 7 Base SY 35 Do 36 6" Thick Concrete with Class 7 Base SY 100 G ' ✓c�_D• 00 37 Solid Sod (Bermurda) SY 2200 g-0 (0 5L • d D 38 Remove and Replace Mailboxes EA 2 �h�, FJ �O /� oo 39 Erosion Control LS 1 G Q'�'I 110;1-7,0-0 0400 -Bid Form 00400-6 ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 40 Traffic Control and Maintenance LS 1 ,,�7 73.2-,5.' 00 41 Chainlink Fence with Gates LF 40 ;2 6 0, d 42 6' Wood Privacy Fence with Gates LF 315 2.2,60 7 L 7. 7 43 4' Wood Picket Fence with Gates LF 75 , So / :13 7, YD 44 Temporary Fencing LF 350 (, OJ 3 9 5-0, CD 45 Tree Protection Fencing LF 150 46 Native Stone Rip Rap with Fabric TON 65 ;25;, To % r'v J//.2. 6-0 47 Site Photographs and Video LS 1 -2'So%Ja 1 o7 5`07 CC:> TOTAL AMOUNT BID (SCHEDULE 1): $ 3 CL 0 0400-13id Form 00400-7 BID SCHEDULE 2 ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 48 Trench and Excavation Safety System for Water and Sewer Install LS 1 /, QD , pQ 49 T -Patch (Concrete Only) SY 50 , Q 3�25; OC) 50 6" PVC, C-900, Class 200 DR -14 Water Main 165 55 51 1" Cropper Water Service Tubing LF 30 / .5 DC7, Ob 52 6" x 6" Tapping Sleeve and Valve Box EA 4 3G3 ,)D Jam/ 5T 6, ob 53 Epoxy Coated Ductile Iron Fittings LB 900 5-oot (3 500,6 O 54 Single Meter Setting, Complete, Including Pressure Reducer & Plumbing connection to ex. bldg service EA 2 3 6 3j.7, 0-6 55 Remove existing meter setting EA 2 56 6" Saddle, I" Corporation Stop and Tap EA 2 8�ks, Sb , O d 57 Cut and Cap Existng 6" Water Main EA 4 , '71-0 58 Concrete Anchor Collar EA 4 5 0 N, Ob 12" Direct Bury Steel Encasement LF 40 %%'T' sd 3. ?yq oa TOTAL AMOUNT BID (SCHEDULE 2): $ S �7?, fO TOTAL AMOUNT BID (SCHEDULES 1 & 2): $ '���� �3, _610 0400 -Bid Form 00400-8 DEDUCTIVE ALTERNATE #1 ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 21 30" RCP, Class III LS -130 '01 Jd — /3 /30, Jb 22 36" RCP, Class III SY -240 ,z 5� -- 3 4 ya, 0t) 23 42" RCP, Class III LF -125 9-0 —,20J97, 5-0 24 36" RCP, Class IV, Under Pavement LF -55 25 42" RCP, Class IV, Under Pavement LF 45 30" ADS N12 HP Storm Sewer Pipe LF 130 0 O 36" ADS N12 HP Storm Sewer Pipe LF 240 7 &c7aOd 42" ADS N 12 HP Storm Sewer Pipe LF 125 )10, 7-0 36" ADS N12 HP Storm Sewer Pipe, Under Pavement LF 55 f 5 G% f;7 42" ADS N12 HP Storm Sewer Pipe, Under Pavement LF 45 ��jr, 5 a 7 / 7i 5d TOTAL AMOUNT BID (ALTERNATE #1): S. � :�) 3 .01 0 0 0400 -Bid Form 00400-9 DOCUMENT 0400 -BID FORM continued ARTICLE S- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of p' r Dollars B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE. 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Mone No. j// _ ►—'- 2 � Fax No. 7 IF - 4/112 / —1113,215 0400 -Bid Form 00400-10 607-L DOCUMENT 0400 -BID FORM continued ARTICLE. 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL. CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. 0 '� / Y If Bidder is: An Individual Name (type or printed): By: (Individual's Signature) Doing business as: Business address: Phone No: Fax No. Email Address: A Partnership EA L) Partnership Name: (SEAL) an (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Email Address: Fax No. 0400 -Bid Form 00400-11 DOCUMENT 0400 -BID FORM (continued) A Corporation or LLC Corporation Name :`-AL E, _ (SEAL) State of Incorporation: ­ Type Type (General Business, Professional, S icc, Limited Liability): 5fit PS By: (Signature of general partner -attach evidenc o thority to sign) Name (type or printed):_ _ _ l� e--� Wig? Title: Cl - Attest: of Corporate (CORPORATE SEALk Business address: -2WT-' 5' 5-"" JLQe- o S.f , /rn 7.2.7 S Phone No: 'Y), 9 - 6.2 / • G 3 ;2 A/ Fax No. 9 w 6,2L- 3 Email Address: _ t o7l Tax ID Number (T1N) Od Q 3 DUNS# Cage Code: END OF DOCUMENT 00400 0400 -Bid Form 00400-12 y t _ t DOCUMENT 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Dollars ($ ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE I NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 00410 -Bid Bond 00410— 1 DOCUMENT 00410 —BID BOND (continued) �� J which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 20 PRINCIPAL SURETY ATTORNEY-IN-FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 00410 -Bid Bond 00410-2 (CORPORATE SEAL) (CORPORATE SEAL) DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE I Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name and Address p Clearing/Demolition I!p f�l�i' iToo, SWPPP/Erosion Control id s4fsr Asphalt /�uTr �P.n f!C' �/r►�w Concrete Se Landscaping Material Testing %5 H L &X ]F -w4 r 1 Other (designate) NOTE: This form must be submitted in accordance wthe Instruc ' ns to Bidders. f• ' Bidder' 'Signature e ssa r y END OF DOCUMENT 00430 00430 -List of Subcontractors 00430- 1 Expected Percentage or Value J/0, 700 • OD Ii� a� N E E-, ': a) D .. C c O 47 U O � 00 O O N 7 io L x � fO C) O <Lj o O CIO o o O ru S o 0 S C z o o 0 o ry 0 0 0 0 0 0 vi 0 Ln c O O 0 S N r, 0 r, M IOD 3 000 �n m N cM N i, O m N (rl � N L C r - C L m r -i � m M -0G�, �--I 0 0 0 0 3 7 V1 Vl V1 N Vl V? aD to to to u V1 Vl to m 0 gg v aO O L O o o 0 4„r 0 N rel 0 Nni p c v M M c C N m 00 0 0 0 U cu N E E-, ': a) D .. 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V1 S S S O O O O O O O O c Z S 0 vi j QOQ ry Ln O ry r, Ln O Ln rl. tD O N 0 0(i O0 H M N O W N c 00 O m N H M 00 00 0) m r, p L rl Q N H H H N H N f0 V1 V) V1 N N V1 to to V) N c U r{ S S S S S S S S O h F- w +� Ln 0 LA LI) 0 g O O ✓.i O O uU rc (� Q i'� 00 N Ln N H N H N H r� -4 N O d Y QV) cu S N o to V VVIIto 1 to V tJ1 to <A o S 0 o S S S S 0 S F �>-, J Z 0 0 0 0 to to O O O O O O C :)0�,D k.0 r O c O C O 0 0 _0N 00o .--i r; m m o0 tD O c m cu N Q Q �• r--1 �' H H H Q to to VT V1 Vl Vl N Vl V1 V) v S S S S S S 0 S O S w N Q1 01 ID O O � v m Q w Ln � iD ID r` m m m p Z ¢ � � a to to to to +n to to vi vt to w ZQLn L 0 O ry U) It)_ Q 'n Q H fV H rrn Q H Ln Z J LL LL t� J LL J V) J J J 3 3 3 3 3 rl v y C rl ✓� � vi vi ai n � v E E E E E E E CU a o n 0 v> o> c c c c in vi a a a Qa cwta 0. Z m r`�o r�o ro 2 C G G Z U U u U U vi V) in vi 's OI a 5 v 0 C] 0 C� n 0 r1 a a a a Na Q c< u u u u E u E< V K= w N cc N O iD N In r: Ln _ _ .. > _ > M •7 w 0 m iD m N Q iD ro m a rd mO v a 1 w C H ry I m K n ~ ry fV N N N W_ LL_ F - w w. u DOCUMENT 00610 - PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that N.E.C., Inc. 2425 S. 5th Place Rogers, AR 72758 as Principal, hereinafter called Contractor, and Merchants Bond Company P.Q. Box 14498 Des Moines, IA 50306 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Doc ID: 018516790009 Type: LIE Kind: PERFORMANCE BOND Recorded: 04/03/2019 at 09:00:23 AM Fee Amt: $55.00 Pape i of 9 Washington County, AR Kyle Sylvester Circuit Clerk FileBo35-00000924 as Obligee, hereinafter called Owner, in the amount of $427,623.50, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated March 19, 2019, entered into a contract with Owner for CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE I which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation,shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: . 35092x 00610 Performance Bond 00610-1 DOCUMENT 00610 - PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable'hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this 1st day of _April 2019. 00610 Performance Bond 00610-2 (CORPORATE SEAL) DOCUMENT 00610 - PERFORMANCE BOND: (continued) Merchants Bonding Company By AJIA�OL Mary Jo Zakrzewski, Attorney -in -Fac ATTORNEY-IN-FACT Mary Jo Zakrzewski (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) COUNTERSIGNED: Resident Agent State of Arkansas Mary Jo Zakrzewski (CORPORATE SEAQ - Approved as to Form: Attorney for END OF DOCUMENT 00610 00610 Performance Bond 00610-3 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cheri Irby; James B Rogers Jr; Josh Tritt; Mary Jo Zakrzewski; Michael L Tullis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seat when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 ••.•• ANG Ce *.• �.... .. i•o'P�10Nq4C �� �� itt ��R • e0�: '. •.• ; •O�� �1P0 • �Aq'• �'VO g'q.+► yt: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT 2003 10 • NATIONAL BONDING, INC. svi 2003 ,:,jb y� 1933 �'c; By •''3' ... `.' '•. •'3 �.• '•ab' •��ti. •.��. • C�•• President STATE OF IOWA •``•••••"•``* •'•.w••••• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. "yWAt s AUCIA K. GRAM 0 v Commission Number 767430 My Commission D pines P April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto`set• my hand and affixed the seal of the Companies on this 1st day of April 2019 10N.•`'`t ``'••. .•'• G •••w p�N CO ,� �.... .. • 49 2003 10 1933 Q�+e; Secretary • �r`Yw POA 0018 (3/17) ••`'••............••`' • • • •.. • •' DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that N.E.C., Inc. 2425 S. 5th Place Rogers, AR 72758 as Principal, hereinafter called Contractor, and Merchants Bonding Company P.O. Box 14498 Des Moines, IA 50306 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of $427,623.50 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated March 19 , 2019 , entered into a contract with Owner for CEDARWOOD & GLENWOOD DRAINAGE IMPROVEMENTS PHASE I which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611 -Labor & Mail Payment Bond 00611-1 DOCUMENT 00611- LABOR AND MATERIAL PAYMENT BOND: {continued) A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 00611 -Labor & Mat] Payment Bond 00611-2 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this 1st day of April 2019. CO CTO N.E.C., Inc. � By: v.k / SURETY Merchants Bonding Company By ' 4L�3 _� Mary Jo Zakrcewski, Attorney -in -Fact 00611 -Labor & Mad Payment Bond 00611-3 (CORPORATE SEAL) COUNTERSIGNED: Resident Agent State of Arkansas Mary Jo Zakrzewski DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY-IN-FACT (CORPORATE SEAL) Mary Jo Zakrzewski (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF DOCUMENT 00611 00611 -Labor & Mat] Payment Bond 00611-4 ! 1 BONDING POWER O. ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cheri Irby; James B Rogers Jr; Josh Tritt; Mary Jo Zakrzewski; Michael L Tullis their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and seated this 6th day of April 2017 y ; •O1,tP0/�q. 0p?O��g . MERCHANTS BONDING COMPANY (MUTUAL) �'• Z •�•_V MERCHANT NATIONAL BONDING, INC. 2003�i ' : d 1933 By ''••�;,�Y •......03'e •+,���v • t'�ar • President STATE OF IOWA `••••••Bass•• •+*••••`` COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �0i'lA(s AUCIA K. GRAM 0 Commission Number 767430 My Commission Expires - ° P . April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto aset •my hand and affixed the seal of the Companies on this 1st day of April 2019 0 NA 2003 : y 1933 r" Secretary 1 �. • y • �f�. : •moi f` POA 0018 (3/17) �``•••..��.....••' •• •... • •' Matt Casey Submitted By NEC, INC. CHANGE ORDER NO. 1 City of Fayetteville Staff Review Form 2019-0937 N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/18/2019 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Change Order 1 for the Cedarwood and Glennwood Drainage Improvements Project which will increase the contract time by 152 days. 4470.621.8810-5809.00 Account Number 02108.1807.10 Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Sales Tax Capital Improvements Engineering, Bridge & Drainage Improvements Fund Cedarwood & Glennwood Sub. Drainage Project Title Current Budget $ 470,500.00 Funds Obligated $ 470,323.50 Current Balance $ 176.50 Item Cost $ - Budget Adjustment Remaining Budget $ 176.50 V20180321 Purchase Order Number: 2019-00000342 Previous Ordinance or Resolution # 68-19 Change Order Number: Original Contract Number: Comments: 1 Approval Date: 12/27/19 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, P.E., City Engineer FROM: Matt Casey, Engineering Design Manager DATE: December 18, 2019 STAFF MEMO SUBJECT: Approval of Change Order No. 1 for the Cedarwood and Glennwood Drainage Improvements Project RECOMMENDATION: Staff recommends approval of Change Order 1 to the contract with NEC, Inc. which will increase the contract time by 152 days. BACKGROUND: In March 2019, the City Council approved a contract with NEC, Inc. for the construction of the Cedarwood and Glenwood Drainage Improvement Project. The project includes Installation of approximately 700 linear feet of 30" to 48" storm sewer pipe from Niokaska Creek across E. Ferguson Avenue and across E. Country Way up to the First Free Will Baptist Church property. This project replaces existing 18" to 24" storm sewer pipe that is much too small to handle the amount of water that drains through this subdivision during larger rain events. DISCUSSION: After the start of construction for this project, the contractor discovered multiple conflict points with existing utilities. These utilities were not marked for the surveys and were not pointed out when sent for utility review of the plans. The contractor performed as much work as possible while waiting for relocation of the utilities, but eventually had to pull off of the project. City staff has been coordinating with the utilities to finish the relocations so NEC can return to finish this project. Staff and NEC have agreed that an increase in contract time of 152 days will cover the time lost due to these conflicts. The new date of substantial completion will be March 20, 2020. BUDGET/STAFF IMPACT: This project is funded by the Bridge and Drainage Improvements fund, but there will be no budget impact with this request. Attachments: Change Order 1 Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CHANGE ORDER CITY OF FAYETTEVILLE ARKANSAS Contract Title: Cedarwood/Glenwood Drainage Improvements Change Order No. 1 Date of Issuance December 9, 2019 To Contractor: NEC, Inc. ORDINANCEIRESOLUTION:19-22 The Contract is changed as follows: i ne ongtnal tom act rnce was Net change by previously authorized change orders The Contract Price prior to this Change Order was The Contract Price will be [increased](decreased] by The new Contract Price including this Change Order will be The Contract Time(s) will be increased by Required dates of Completion as of the date of this Change Order therefore are: Effective December 9, 2019 152 calendar days Substantial Completion _ 20 -Mar -20 Final Completion .Y_ Y_ ` 19 -Apr -20 NOTE: This summary docs not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. NEC, Inc. DATE -)I-1 q CE[DARWOOD 8& GLENWOOn [DIFRAINAGE IMPROVEMENTS PHASE 1 for the City of Fayettevi 11 e BID # 19-22, CONSTRUCTION FEB, 2019 o o d 0 0 0 0 U OLD WIRE RD o OO N OG A O QO O� O��p 50N 2 ty^ MpGd � \ EROS w ��y y GOJ ¢ U Project O Loca tion TOWNSHIP ST. TOWNSHIP ST. F-1 N A N � O U O A VICINITY MAP AftCITY OF FAYETTEVILLE ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 PROJECT: ENGR, No. 8126