HomeMy WebLinkAbout132-19 RESOLUTIONF FA1'ETT
J-1 el9j''Kq NS PSPS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 132-19
File Number: 2019-0288
BID #19-25 DIAMOND C CONSTRUCTION:
A RESOLUTION TO AWARD BID #19-25 AND AUTHORIZE A CONTRACT WITH DIAMOND C
CONSTRUCTION COMPANY IN THE AMOUNT OF $82,024.89 FOR THE REPLACEMENT OF A
RETAINING WALL ON BLOCK AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,004.23, AND TO APPROVE A BUDGET ADJUSTMENT
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 #19-25 and
authorizes Mayor Jordan to sign. a contract with Diamond C Construction Company, a copy of which
is attached to this Resolution, in the amount of $82,024.89 for replacement of a retaining wall on Block
Avenue, and further approves a project contingency in the amount of $5,004.23.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 6/4/2019
Page 1
Attest:
Sondra E. Smith Cit Clerk Tre i11tH1��i
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0288
Agenda Date: 6/4/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 8
BID #19-25 DIAMOND C CONSTRUCTION:
A RESOLUTION TO AWARD BID #19-25 AND AUTHORIZE A CONTRACT WITH DIAMOND C
CONSTRUCTION COMPANY IN THE AMOUNT OF $82,024.89 FOR THE REPLACEMENT OF A
RETAINING WALL ON BLOCK AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,004.23, AND TO APPROVE A BUDGET ADJUSTMENT
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 #19-25 and
authorizes Mayor Jordan to sign a contract with Diamond C Construction Company, a copy of which is
attached to this Resolution, in the amount of $82,024.89 for replacement of a retaining wall on Block Avenue,
and further approves a project contingency in the amount of $5,004.23.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 6/5/2019
City of Fayetteville Staff Review Form
2019-0288
Legistar File ID
6/4/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Justin Clay 5/8/2019 PARKING MANAGEMENT (430)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a resolution awarding Bid 19-25 and authorizing a contract with Diamond C Construction in the
amount of $82,024.89 and approving a project contingency in the amount of $5,004.23 for the replacement of a
retaining wall on Block Avenue and approving a budget adjustment
4470.410.8410-5819
Account Number
11004
Project Number
Budget Impact:
4470
Fund
Parking Lot Improvements (City Employee)
Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
$ 75,253.12
�$�� 75,253.12
$ 87,029.12
$ 11,776.00
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 4, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Environmental Director
CITY COUNCIL MEMO
FROM: Justin Clay, Parking Manager
DATE: May 8, 2019
SUBJECT: Approval of a resolution awarding Bid 19-25 and authorizing a contract with
Diamond C Construction in the amount of $82,024.89 and approving a
project contingency in the amount of $5,004.23 for the replacement of a
retaining wall on Block Avenue and approving a budget adjustment
RECOMMENDATION:
Staff recommends approving a resolution awarding Bid 19-25 and authorizing a contract with
Diamond C Construction in the amount of $82,024.89, approving a project contingency in the
amount of $5,004.23 and approving a budget adjustment to replace a failing retaining wall at the
southeast corner of Block Avenue and Rock Street.
BACKGROUND:
This native stone retaining wall, located on the east side of Block Avenue, extends from the
southeast corner of Block Avenue and Rock Street south to the entrance to the City Employee
parking lot on Block Avenue, and has been in a state of deterioration for over a year. During
that time a mature tree rooted in the retaining wall has collapsed and portions of the native
stone have fallen out of place, creating a hazardous condition.
DISCUSSION:
This project requires demolition and construction of retaining walls, sidewalks, curb and gutter,
and miscellaneous concrete items. The demolition includes the removal and disposal of the
failing native stone retaining wall, four -foot sidewalk, 24" curb and gutter, steel safety railing,
and a concrete drainage spillway. The construction will include installing a modular block
retaining wall, five-foot sidewalk, 24" curb and gutter, and the placement, compacting, and
grading of a 2:1 slope. Replacement trees, landscaping rock, topsoil, and sod will also be
installed.
This project was originally bid in September 2018, but responses were 33% higher than
available funding. An amended scope was submitted as Bid 19-25 in April 2019 and Diamond
C Construction was identified as the low bid contractor.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
This project is primarily funded through a designated CIP fund for City Employee Parking Lot
Improvements and is partially funded by the Street Improvements Cost Share fund. A budget
adjustment is necessary to move funds from the Street Improvement Cost Share fund into the
appropriate expense account for this project.
Attachments:
Bid 19-25 Agreement
Bid Tab 19-25
Bid Set
Bid Submittal
Budget Adjustment
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: BLOCK AVENUE RETAINING WALL
Contract No.: 19-25, Construction
THIS AGREEMENT is dated as of the Lt�day of in the year 2019 by and
between The City of Fayetteville, Arkansas and DIAMOND C CONSTRUCTION (hereinafter called
Contractor).
ARTICLE 1- 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 and construction of retaining walls, sidewalks, curb and gutter,
and misc. concrete items. The demolition includes the removal and disposal of a failing native
stone retaining wall, four -foot sidewalk, 24" curb and gutter, steel safety railing, and a concrete
drainage spillway. The construction will include installing a modular block retaining wall, five-
foot sidewalk, 24" curb and gutter, and the placement, compacting, and grading of a 2:1 slope.
Other items to be installed will be landscaping rock, topsoil, and sod.
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.
00500 Agreement 00500-1
DOCUMENT 00500 AGREEMENT (continued)
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
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 90 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 120
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
00500 Agreement 00500-2
DOCUMENT 00500 — AGREEMENT (continued)
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
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.
00500 Agreement 00500-3
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL 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.
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
00500 Agreement 00500-4
DOCUMENT 00500 — AGREEMENT (continued)
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.
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
00500 Agreement 00500-5
DOCUMENT 00500 — AGREEMENT (continued)
(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
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.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
00500 Agreement 00500-6
DOCUMENT 00500 — AGREEMENT (continued)
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
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.
ti
00500 Agreement 00500-7
DOCUMENT 00500 — AGREEMENT (continued)
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: Block Avenue Retaining Wall
8. Addenda numbers inclusive.
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 ASSIGNMENT OF CONTRACT:
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
00500 Agreement 00500-8
DOCUMENT 00500 — AGREEMENT (continued)
partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
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 FREEDOM 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.
00500 Agreement 00500-9
DOCUMENT 40540 — AGREEMENT (continued)
IN WfTNESS WHEREOF T}e City of Fayetteville and Contractor have signed .this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor. Three.counteiparts
eachhas 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
Effective Date of the Agreement.
CONTRACTOR:
DIAMOND C CONSTRUCTION
(Type or legibly print)
(Signature)
Jura, `'1 2AO1 which is the
i
CITY OF FAYETTEVILLE
Title: Pre, 51 alen 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 Agieeiment.
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
State to document that the corporation,. corporate entity or LLC, is in current "Good Standing"
with. the State of Arkansas andsuch entity is ,pennitted to perform work in the State of Arkansas,
.. w
(SEAL) (SEAL):
Attest G2 Attest
00500 Agreement 00500-11
DOCUMENT 00500 -- AGREEMENT (continued)
Address for giving notices Address for notices
' 16 O 3 113 W. Mountain St.
n 1 T i1 7 Fayetteville; AR 72701
License No. __ 0 3 % -eU 1 aJ j /
Agent for Service of process
/l*e, t�or d-eira
(Type or legibly print).
(Signature)'
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
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DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT:
Contract Name: BLOCK AVENUE RETAINING WALL
Bits #: 19-25, Construction
Date: 04.09.19
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company DIAMOND C CONSTRUCTION
Name MIKE CORDEIRO
Address P.O. BOX 803 GENTRY, AR 72734
Principal Office 1269 WEST MAIN GENTRY. AR 72734
Corporation, partnership, individual, joint
venture, other CORPORATION
Arkansas State General Contractor's License Number
0318010319
(Type or legibly print)
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for 6 years and
has performed work of the nature and magnitude of this Contract for _ 6 years.
Bidder has been in business under its present name for 6 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
DOCUMENT 00140 — BIDDER'S QUALIFICATION 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.
NO
5. Bidder normally performs the following work with his own forces:
EARTHWORK. UTILITIES, EROSION CONTROL CURB & GUTTER, TRAFFIC
CONTROL, & ALL LABOR
6. Construction experience of key individuals in the organization is as follows
(continued on attached sheets if needed):
MIKE CORDEIRO 20 YEARS PLUS
EARL TRAMMELL 20 YEARS PLUS
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:
WALKER BROTHERS INSURANCE
GENE BENNETT 6800 ISAAC'S ORCHARD ROAD SPRINGDALE AR 72766-7570
Bidder's Workmen's Compensation Experience Modifier Factor is: .94
00140 -Bidder Qualifications 00140-2
DOCUMENT 00140 — 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:
1. 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: NIA
Judgment Creditors Where Docketed and Date Amount
WN
0
00140 -Bidder Qualifications 00140-3
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: 04-09-19 _'2019
(OFFICIAL SEAL)
Name of Organization:
DIAMOND C CONSTRUCTION
By MIKE CORDEIRO
(Type or legibly print)
By /111 f�
(Signature)
Title PRESIDENT
(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
CURRENT PROJECTS LIST
1. Project: Highway 718 Waterline
Owner: City of Rogers
Architect: RWU Engineering Dept
Engineer: Brian Sartain
Amount: $111,172.25
Surety: Walker Brothers Insurance
Estimated Completion Date: Waiting to begin phase 2
2. Project: Bella Vista Water Systems Improvements
Owner: Old Bella Vista Property Owners, Assoc.
Engineer: David Gilbert
Architect: Plymouth Engineering, PLLC
Amount: $$67,455.34
Surety: Walker Brothers Insurance
Estimated Completion Date: Waiting to begin phase 2
3. Project: Hobbs Bike Trail Tunnel
Owner: Hobbs State Park
Engineer: Zachary Hoyt
Architect: CEI
Amount: $439,427.20
Surety: Walker Brothers Insurance
Estimated Completion Date: July 20, 2019
PAST PROJECTS LIST
WALKER BROTHRS INSURANCE IS SURETY ON ALL PROJECTS
BIDDER DOES 85% OF WORK ON ALL PROJECT WITH ITS OWN FORCES
1. Project: Illinois River Water Shed Pavilion
Location: Cave Springs, AR
Owner: City of Cave Springs
Engineer: Tom Hopper
Contract Price: $885,518.00
Project Description: Sidewalks, Pavilion, parking lot, water, sewer
Month & Year Completed: April, 2016
2. Project: Razorback Greenway Trail Extension
Location: Bella Vista, AR
Owner: City of Bentonville, Bella Vista Trailblazers
Engineer: Jacob Shy
Contract Price: $958,943.77
Project Description: Trail, Bridge, drainage structures, & improvements
Month & Year Completed: June, 2018
3. Project: Siloam Springs Intermediate School Parking
Location: Siloam Springs, AR
Owner: Siloam School District
Engineer: Ron Homeyer
Contract Price: $750,000.00
Project Description: Paving,.parking lot, drainage, utilities, landscaping
Month & Year Completed: 12/31/17
4. Project: Broadway Street Improvements
Location: Siloam Springs, AR
Owner: City of Siloam
Engineer: Justin Bland
Contract Price: $503,596.69
Project Description: Sidewalks, drainage, pavers, street lights, landscaping `
Month & Year Completed: April 28, 2018
5. Project: Southwind's Subdivision Drainage Improvements
Location: City of Farmington
Owner: City of Farmington
Engineer: Chris Brackett
Contract Price: $293,036.51
Project Description: Drainage enhancements, storm drain, guttering
Month & Year Completed: October 19, 2018
6. Project: Affordable Storage
Location: Centerton, AR
Owner: Pagosa Properties
Engineer: Gene Geren
Contract Price: $156,176.00
Project Description: Culvert, pond, clearing, building pad
Month & Year Completed: September, 2017
DOCUMENT 0400 -BID FORM
Contract Name: BLOCK AVENUE RETAINING WALL
Bid Number: 19-25, CONSTRUCTION
MIMI
Owner: The City of Fayetteville, Arkansas
1 13 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
MIKE CORDEIRO
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 perforin
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 -BID FORM (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
1 03-01-19
2 04-05-19
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 -BID FORM (continued)
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.
1. 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.
J. 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
DOCUMENT 0400 -BID FORM (continued)
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 (continued)
BID SCHEDULE
ITEM NO.
DESCRIPTION
UNIT
EST.
QTY
UNIT
PRICE
TOTAL
1
Mobilization
(Shall not exceed 5% of Total Bid)
LS
1
$3,808.00
$ 3,808.00
2
Insurance and Bonding
LS
1
$2.400.00
$2 400.00
3
Construction Control
(Staking)
LS
1
$ 5,040.00
$5,040.00
4
Trench & Excavation Safety Systems
LS
1
$1,624.00
$1,624.00
5
Clearing, Grubbing, & Demolition
LS
1
$18,480.00
$ 18,480.00
6
Embankment
CY
75
$ 55.26
$ 4,144.50
7
4" Topsoil Placement
SY
350
$ 8.64
$ 3.024.00
8
Concrete Channel Paving w/Class 7 Base
SY
20
$158.20
$ 3,164.00
9
Concrete Curb and Gutter (2')
w/Class 7 Base
LF
100
$ 28.00
$ 2,800.00
10
4" Thick Concete Sidewalk w/Class 7 Base
SY
100
$ 56.00
$5,600.00
11
Modular Block Retaining Wall
SF
425
$43.49
$18,483.25
12
Solid Sod (Staked Bermuda)
SY
350
$ 6.40
$2,240.00
13
Erosion Control
LS
1
$ 2,240.00
$ 2,240.00
14
Traffic Control and Maintenance
LS
1
$4.480.00
$ 4,480.00
15
Handicap Access Ramp
SY
6
$ 96.14
$ 576.84
16
Cast -in -Place Detectable Warning Device
(Truncated Domes)
SF
15
$ 37.34
$ 560.10
17
Brown Washed River Rock
with Fabric
SY
30
$ 37.34
$1.120.20
18
Serviceberry (2" min. caliper)
EA
3
$448.00
$1,344.00
19
Pin Oak (2" min. caliper)
EA
2
$ 448.00
$ 896.00
TOTAL AMOUNT BID: $ 82,024.89
0400 -Bid Form 00400-5
DOCUMENT 0400 -BID FORM (continued)
ARTICLE 5- 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 cashier's check from a bank located in the
State of Arkansas or a Bid Bond in the amount of
four thousand one hundred & two Dollars ($ 4.102.00 )
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:
DIAMOND C CONSTRUCTION
P.O. BOX 803
GENTRY, AR 72734
Email mihgfdiamondcconstcom
Phone No. 479-957-3035
Fax No. 479-736-8801
0400 -Bid Form 00400-6
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. 0318010319
If Bidder is:
An Individual
Name (type or printed):
By:
Doing business as:
Business address:
Phone No:
Email Address:
A Partnership
Partnership Name
By.
(Individual's Signature)
Fax No.
SEAL)
(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 00400-7
DOCUMENT 0400 -BID FORM (continued)
A Corporation or LLC
Corporation Name: DIAMOND C CONSTRUCTION (SEAL)
State of Incorporation: ARKANSAS
Type (General Business, Professional, Service, Limited Liability):
1-
-s -
(Signature of general partner -attach evidence of authority to sign)
Name (type or printed): MIKE CORDEIRO
Title: PRESIDENT
(CORPORATE SEAL)
Attest:C—1&t
JACKIE BADE (Signature of Corporate Secretary)
Business address: P.O. BOX 803
GENTRY AR 72734
Phone No: 479-957-3035 Fax No. 479-736-8801
Email Address: mike0diamondccong.com
Tax ID Number (TIN) 36-4748572
DUNS # NIA
Cage Code: NIA
END OF DOCUMENT 00400
0400 -Bid Form 00400-8
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:
BLOCK AVENUE RETAINING WALL
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work Subcontractor's Name
and Address
Clearing/Demolition SELF PERFORMED
SWPPP/Erosion Control SELF PERFOMED
Asphalt NONE
Concrete SELF PERFORMED
Expected Percentage
or Value
Landscaping TBD %10
Material Testing GTS %1
Other (designate) SELF PERFORMED
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
4&:�
Bidder's Signature
END OF DOCUMENT 00430
00430 -List of Subcontractors 00430-1
THE
CINCINNATI INSURANCE COMPANY
CINCINNATI, 011110
KNOW ALL MEN BY THESE PRESENTS, that we Diamond C Construction Company
as Principal, hereinafter called the Principal, and THE CINCINNATI INSURANCE COMPANY, 6200 S. Gilmore Road,
Fairfield, Ohio 45014-5141, a corporation duly organized under the laws of the State of Ohio, as Surety, hereinafter called the
Surety, are held and firmly bound unto
City of Fayetteville
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid
Dollars (s 5% of bid )
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
Block Street Retaining Wall
NOW, THEREFORE, if 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 26th day of March
(Witness)
2019
Diamond C Construction Company
(Principal) (Seal)
By:
(Title)
THE CINCINNATI INSURANCE COMPANY
(Surety) (Seal)
(Witness)
By:
Billy Eugene Ben -n. -L, Jr. Attorney- In -F ct
The Company executing this bond vouches that this document conforms to American Institute of Architects '.:ncument A310,
February 1970 Edition.
S -2000 -AIA (6/08) PUBLIC
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Adrian W. Luttrell; Jacque Lindsey; Mike A. Luttrell; Danny L. Schneider;
Billy Eugene Bennett, Jr. and/or Marvin L. Smith IV
of Springdale, Arkansas its true and lawful Attomey(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States, up to
Fifteen Million and No/100 Dollars ($15,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 71, day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 101 day of May, 2012.
%"W , THE CINCINNATI INSURANCE COMPANY
��'taR►owirc
SEAL d
Vice President
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
On this 10' day of May, 2012, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,
to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate
seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the
authority and direction -of said corporation.
x.04 1 A E 'N,
,
R
Ar MARK J. H LLER, Attorney at Law
/NOTARY PUBLIC - STATE OF OHIO
.� 0 My commission has no expiration
�Ij�T {�F.� * date. Section 147.03 O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect.
GTVEN under my hand and seal of said Company at Fairfield, Ohio.
this 26th day of March 2019 J
� IYp�
�� s
0`"`�1t0°' Tr Assistant Secretary
SEAL
Onto
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKING MANAGEMENT (430)
2019
Requestor: Justin Clay
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A portion of the Block Ave. retaining wall replacement project is being funded from the Street Improvements Cost Share
Fund. This budget adjustment moves those funds into the project expense fund.
COUNCIL DATE:
LEGISTAR FILE ID#:
6/4/2019
2019-0288
Lilk Yutch~
5/9/2019 12:29 PM
Budget Director Date
TYPE:
JOURNAL #:
I GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL - _ v.20190430
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4470.800.8820-5809.00 (11,776) EX Street Improvements - Street Improveme
4470.410.8410-5819.00 11,776 - 11004 1 EX Parking Lot Improvements - Parking Lot Ir
H:\Budget Adjustments\2019_Budget\City Council\06-04-2019\2019-0288 BA Block Ave Retaining Waill 1 of 1