HomeMy WebLinkAbout68-19 RESOLUTION� fsrrr:
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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
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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
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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
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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 *.•
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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 ``'••.
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•
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
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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