HomeMy WebLinkAbout166-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 166-20
File Number: 2020-0454
EMERY SAPP AND SONS, INC.:
A RESOLUTION TO AWARD BID # 20-41 AND AUTHORIZE A CONTRACT WITH EMERY
SAPP AND SONS, INC. IN THE AMOUNT OF $440,907.46 FOR CONSTRUCTION OF THE
OLD WIRE ROAD AND OLD MISSOURI ROAD INTERSECTION IMPROVEMENTS
PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $66,136.00,
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 # 20-41 and
authorizes Mayor Jordan to sign a contract with Emery Sapp and Sons, Inc. in the amount of
$440,907.46 for the construction of the Old Wire Road and Old Missouri Road Intersection Project,
and further approves a project contingency in the amount of $66,136.00.
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 6/16/2020
Page 1
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City of Fayetteville, Arkansas 113 West Mountain Street
f " Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0454
Agenda Date: 6/16/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 5
EMERY SAPP AND SONS, INC.:
A RESOLUTION TO AWARD BID # 20-41 AND AUTHORIZE A CONTRACT WITH EMERY SAPP
AND SONS, INC. IN THE AMOUNT OF $440,907.46 FOR CONSTRUCTION OF THE OLD WIRE
ROAD AND OLD MISSOURI ROAD INTERSECTION IMPROVEMENTS PROJECT, TO APPROVE
A PROJECT CONTINGENCY IN THE AMOUNT OF $66,136.00, 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 # 20-41 and
authorizes Mayor Jordan to sign a contract with Emery Sapp and Sons, Inc. in the amount of $440,907.46 for
the construction of the Old Wire Road and Old Missouri Road Intersection Project, and further approves a
project contingency in the amount of $66,136.00.
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 611712020
City of Fayetteville Staff Review Form
2020-0454
Legistar File ID
6/16/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 5/28/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a contract in the amount of $440,907.46 with Emery Sapp and Sons, Inc. for the construction of the Old
Wire Rd./Old Missouri Rd. Intersection Improvements project, approval of a project contingency of $66,136.00
(15%) and approval of a budget adjustment
4520.800.9556-5809.00
4470.800.8820-5314.00
Account Number
06035.2600
Project Number
Budget Impact:
2015 Transportation Bond
Sales Tax Capital Imp. - Street Imp.
Fund
Old Wire Road Improvements
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
Project Title
$ 538,097.00
$ 13, 387.88
$ 524,709.12
$ 507,043.46
$ 114,603.00
$ 132,268.66
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Approval Date:
Comments: The amount of $507,043.46 includes the construction contract amount ($440,907.46) and the
contingency ($66,136.00).
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 16, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
CITY COUNCIL MEMO
FROM: Matt Casey, Engineering Design Manager
DATE: May 28, 2020
SUBJECT: Approval of a contract in the amount of $440,907.46 with Emery Sapp and
Sons, Inc. for the construction of the Old Wire Rd./Old Missouri Rd.
Intersection Improvements project, approval of a project contingency of
$66,136.00 (15%) and approval of a budget adjustment.
RECOMMENDATION:
Approval of a contract in the amount of $440,907.46 with Emery Sapp and Sons, Inc. for the
construction of the Old Wire Rd./Old Missouri Rd. Intersection Improvements Project, approval
of a project contingency of $66,136.00 (15%) and approval of a budget adjustment.
BACKGROUND:
Currently the intersection of Old Wire Road and Old Missouri Road is an unsignalized
intersection with Old Wire Road as the through street with Old Missouri Road with a stop sign.
The volume of traffic on both streets and the high percentage of left turn movements onto Old
Missouri Road lead to frequent back-ups and delays at this location. The Engineering Division
has prepared a design for minor widening to accommodate an addition turn lane on Old Wire
Road, crosswalks, a pedestrian refuge island, and installation of a traffic signal. The next phase
of the Old Wire Road Cycle Track project also crosses at this location. That project will continue
the cycle track construction from Gulley Park to this intersection where it will cross and continue
north along Old Missouri Road to connect to the future Rolling Hills Drive improvements. This
intersection project is designed to accommodate the future cycle track crossing. The
construction of these projects will provide a safe pedestrian and bicycle connection from the
neighborhoods along Old Wire Road and Gulley Park to the Butterfield Trail Elementary School.
DISCUSSION:
On May 21, 2020, the City received four (4) construction bids for this project. Emery Sapp and
Sons, Inc. submitted the low bid which was approximately 6.5% above the Engineer's Estimate
of $414,000.00. Engineering staff recommends awarding this contract to Emery Sapp and
Sons, Inc. The contract time is 180 days (6 months) for final completion.
BUDGET/STAFF IMPACT:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
This project is funded by the remaining 2006 Transportation Bond Program funds (2015 series),
unallocated bond interest on that fund as well as Sales Tax Capital Improvements Fund. The
budget adjustment will recognize the interest revenue remaining from the bond program.
Attachments:
Section 0500 Agreement
Bid Submittal
Bid Tab
Vicinity Map
C>LE) WIFIE F41D. 8& OLD l\AlSS.C)UFtl Fln.
INYEFISEC."71C)IN IMPFIC)VEMENYS
for the
City of Fcayettcnfillcm-
MAY 2020
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PROJECT
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VICINITY MAP
CITY OF
FAYETTEVILLE
ARKANSAS
www.fayefteville-ar.gov
ENGINEERING DIVISION
PHONE: (479) 575-8206 FAX NO: (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: OLD WIRE RDJOLD MISSOURI RD. INTERSECTION
IMPROVEMENTS
Contract No.: 20-41, Construction
THIS AGREEMENT is dated as of the 2nd day of Tune in the year 2020 by and
between The City of Fayetteville, Arkansas and Lne-,/ 5-PP +-Sa+s .,Z.,c.. (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 installation of a right turn lane, traffic signals, pedestrian refuge island, ADA ramps &
landings, sidewalks, and a commercial driveway. Additional work will include: grading,
landscaping, cold milling of existing asphalt and concrete, asphalt paving, pavement markings,
and street sign installation.
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 150 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 180
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.
1. 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.
1. 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.
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.
5. 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
00500 Agreement 00500-7
DOCUMENT 00500 — AGREEMENT (continued)
title: OLD WIRE RDJOLD MISSOURI RD. INTERSECTION
IMPROVEMENTS
S. Addenda numbers I 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.
ARTICLES - 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 00500 - AGREEMENT (continued)
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
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 June 2, , 202Q which is the
Effective Date of the Agreement.
CONTRACTOR:
By: 13r11t/ "Iti5
(Type or legibly print)
(Signature)
Title: /s66& Uict- PICSAtx
CITY OF FAYETTEVILLE
LM
(S
I
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
State to document that the corporation, corporate entity or LLC is in current "Good Standing"
with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas.
Attest
Address for giving notices
5y8t N. Oak S+,
License No. 01333IOgZO
Agent for Service of process
(SEAL)
Attest —�64-24- —4
Address for giving notices
113 W. Mountain St.
Fayetteville, AR 72701
Sec. a+}wc�co� e�de^c� of au1�-{0 5cr fa Ey.,�� y Sapp } &-s� Tkc.
(Type or legibly print)
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.
END OF DOCUMENT 00500
00500 Agreement 00500- 11
WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
EMERY SAPP & SONS, INC.
January 3, 2020
The undersigned, being all of the members of the Board of Directors (the `Board") of
Emery Sapp & Sons, Inc., a.Missouri corporation (the "Corporation"), acting by written consent
and without a meeting, do hereby adopt the following resolutions and declare them to be in Rill
force and effect as if they had been duly adopted at a special meeting of the Board duly called,
noticed, and held:
APPOINTMENT OF OFFICERS OF THE CORPORATION
WHEREAS, the Board wishes to appoint its officers of the Corporation for the coming
.year.
NOW, THEREFORE, BE IT RESOLVED, that each of the following persons be, and
each individually hereby is, appointed as an officer of the Corporation, to hold such office until
his or her successor shall have been duly elected and qualified, or until his or her earlier death,
resignation, or removal:
Glen Robertson
Robert Gillis
—Pete-Grathwohl--- - _._...
Tim Paulson
Shawn Sapp
Keith Bennett
Jason Rode
Justin Gay
Nolan Jones
Robert Snyder
Dan Hoover
President
Co -CEO
Co -CEO
Executive Executive VP Operations
Secretary
Vice -President
Executive VP Operations
Vice -President
Vice -President
Assistant Secretary
BRANCH MANAGERS SIGNING AUTHORIZATION
NOW, THEREFORE, BE IT RESOLVED, that each of the following persons shall
have the authority to execute all construction agreements, purchase orders, payment bonds, and
other such doctunents as related to projects hi the ordinary course of business:
David Tag Asst. Vice -President
Jesse Hinton Asst. Vice -President
Josh Doerhoff Vice -President
KCP-3314795-4
Curtis Shuman
Mike Bross
Matt Rattray
Scott Zepp
Billy Wallis
Tyler Myers
Nathan Alexander
Asst. Vice -President
Asst. Vice -President
Asst. Vice -President
Corporate Equipment Manager
Pre -Construction Manager
Asst. Vice -President
Controller
Tyson. Collins Asst. Vice -President for Hutchens Construction
Company, LLC, wholly owned by Emery Sapp
& Sons, Inc.
GENERAL AUTHORIZATION
RESOLVED, that any director or authorized officer of the Corporation be, and is, hereby
authorized and directed, in the name and on behalf of the Corporation, to make all such
arrangements and to do and perform any and all acts as may be appropriate or necessary in order
to implement fully the foregoing resolutions, including, without limitation, execution, ding and
delivery of any and all papers, agreements, documents., instruments and certificates as may be
appropriate or necessary, and that the making of any such arrangements, the performance of any
such acts, and the execution, filing and/or delivery, as applicable, by any director or authorized
officer of the Corporation of any such papers, agreements, documents, instruments and
certificates shall conclusively establish the authority of such director or authorized officer of the
_—Xorporation-YAth_respect-thereto;___
RESOLVED, that all actions previously taken by any director, authorized officer,
representative, or agent of the Corporation or any of its affiliates, in the name or on behalf of the
Corporation in connection with the matters contemplated by the foregoing resolutions, be, and
each of the same hereby is, adopted, ratified, confirmed and approved in all respects as the act
and deed of the Corporation; and
RESOLVED, that all of the acts, actions and things done for, in the name of, and on
behalf of this Corporation to effect the purposes of these resolutions be, and they hereby are, in
all respects, approved, ratified and confirmed.
[Signature page follows]
2
KCP-8314795-4
IN WITNESS WHEREOF, the undersigned all of the members of the Board have
adopted these resolutions effective as of the day and year first written above.
BOARD OF DIRECTORS:
Glen Robertson'
'PM-6rathwohl
44
Keith Bennett
Billy Sapp d
h
Shawn Sapp
[Signature Page to Emery Sapp & Sons. Inc.]
Rritten Consent ofthe Board of Directors
Arkansas Secretary of State
Jahn Thurston
T. p� 1't.1 F.i• Y
State Capitol Building 0 Little Rock, Arkansas 72201-1094 •501-682-3409
Certificate of Good Standing
I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records
of domestic and foreign corporations, do hereby certify that the records of this office show
EMERY SAPP & SONS, INC.
formed under the laws of the state of Missouri, and authorized to transact business in the State
of Arkansas as a Foreign For Profit Corporation, was granted a Application for Certificate of
Authority by this office April 29, 2002.
Our records reflect that said entity, having complied with all statutory requirements in the State
of Arkansas, is qualified to transact business in this State.
In Testimony Whereof, I have hereunto set my hand
mid affixed my official Sea[. Done at my office in the
City of Little Rock, this 17th day of March 2020.
gt�= a!lgdd6�—
Jrr��ohn Thurstoti ��
Online Ccr% c'A e%u9fi�dStz5Non Code: adede77893b2a97
To verify the Authorization Code, visit sos.arkansas.gov
ARTICLES OF INCORPORATION
OF
EMERX SAPP & SONS INC
The undersigned natural person of the age of eighteen years
or more does hereby adopt the following Articles of Incorporation
for the purpose of forming a corporation under The General and
Business Corporation Law of Missouri:
ARTICLE I
The name of the corporation is EMERY SAPP & SONS, INC,
ARTICLE I1
The address of the corporation's initial registered office
in the State of Missouri is 2602 North Stadium Boulevard. The
name of its initial registered agent at such address is Billy G.
Sapp. Columbia, MO 65202
ARTICLE III
The aggregate number, class and par value of shares which
the corporation shall have authority to issue is as follows:
Number Class Par Value
100,000 Common $1.00
The preferences, qualifications, limitations, restrictions
and the special or relative rights including convertible rights,
if any, in respect of the shares of each class are as follows:
NONE.
ARTICLE IV
No holder of shares of the corporation shall have any
preemptive right to acquire any additional shares of the
corporation or any bonds, debentures or other securities
convertible into shares of the corporation, whether now or
hereafter authorized.
ARTICLE Y
The name and place of residence of each incorporator is as
follows:
Name Place of Residence
Billy G. Sapp Route 1, Columbia, Missouri
.ARTICLE VI
The number of directors to constitute the Board of Directors
is five (5); however, any vacancies need not be filled.
!YWt*jMAWIPOq
_?
The corporation shall have perpetual existence.
RETICLE VIII
The corporation is formed for the fallowing purposes:
(a) To act as a general contractor for the
construction, repairing, and remodeling of buildings and
public works of all kinds, and for the improvement of real
estate, and the doing of any and all other business and
contracting incidental thereto, or connected therewith, and
the doing and performing of any and all acts or things
necessary, proper, or convenient for or incidental to the
furtherance or the carrying out of the powers or purposes
herein mentioned;
(b) To enter into and perform contracts for the
grading and/or paving of streets, driveways, sidewalks,
courts, alleys, and similar areas;
(c) To engage in the business of construction and
rigging requiring the use of heavy mechanical equipment
including cranes and rigging devised; and
(d) To carry on a general earth -moving, tractor, and
contracting business, and to that end to lease, charter,
own, manufacture, acquire, deal in, advertise, and dispose
of cranes, bulldozers, tractors, trucks, rigging,
automobiles and other vehicles, and kindred appliances and
equipment.
- 2 -
SAPP-AAT.DO3
(e) To engage in any other lawful act or activity for
which corporations may be organized under The General and
Business Corporation Law of Missouri.
IN WITNESS WHEREOF, these Articles of Incorporation have
been executed this !jj day of March, 1995.
ZL I
1 ' _
Billy G. pp, Indorpo A or
STATE OF
ss
COUNTY OF
The undersigned, a notary public, does hereby certify that
on the ( day of March, 1995, personally appeared before me
Billy G. Sapp, who being by me first duly sworn, declared that he
is the person who signed the foregoing document as incorporator,
and that the statements therein contained are true.
Notary Publ c
My commission expires:
MARICKU j P:a ��Lici
wrrrenv rrr".i r"cTsrrr nV &PSgn7ru1
CALLAVYt1Y COUNTY
My C0?,/2MISSIOA`M—, . MAY'l9,1996
,EGRE rn ;'� O- STAB
- 3 -
6APP-ART.003
No- -'00410437
X�eOF misso
Cap
,401
Rebecca McDowell Cook '
Secretary of State
CORPORATION DIVISION [17
CERTIFICATE OF INCORPORATION
Im
� ; WHEREAS, DUPLICATE ORIGINALS OF ARTICLES OF INCORPORATION OF
EMERY SAP° & SONS, INC-
°HAVE BEEN RECEIVED AND FILED IN THE OFFICE OF THE SECRETARY OF
Y^°r-STATE, WHICH ARTICLES, IN ALL RESPECTS, COMPLY WITH THE
.REQUIREMENTS OF GENERAL AND BUSINESS CORPORATION LAWS
NOW, THEREFORE, I, REBECCA MCDOWELL COOK, SECRETARY OF STATE
OF THE STATE OF MI SSOUR I , BY VIRTUE OF THE AUTHORITY VESTED IN
ME BY LAW, DO HEREBY CERTIFY AND DECLARE THIS ENTITY A BODY
`'CORPORATE, DULY ORGANIZED THIS DATE AND THAT IT IS ENTITLED TO
.f.'ALL RIGHTS AND PRIVILEGES GRANTED CORPORATIONS ORGANIZED UNDER
;THE GENERAL AND BUSINESS CORPORATION 1 %w
},.IIN TESTIMONY WHEREOF, I HAVE SET MY
HAND AND IMPRINTED THE GREAT SEAL OF
F•
-.'iiTHE STATE OF MISSOURI, ON THIS, THE
,,21ST DAY OF APRIL, 1995-
rsj
�trl
:}I
Secretary of State
;� $93.00 _
DOCUMENT 0400-BID FORM
Contract Name: OLD WIRE RDJOLD MISSOURI RD. INTERSECTION IMPROVEMENTS
Bid Number: 20-41, CONSTRUCTION
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: ern ]Gs rpvp o
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
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:
616 Number Dace
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 0400-131U 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.
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-Rica 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 1426 — 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
Responses
Success: AN data is valid!
Bid Schedule
Success: All values pruvidsd
#1-1
Mobilization (Shall not exceed 5%of Total Bid)
511
1
LS
521,000.00
S 21.000.00
Succ.u: All ratues provided
#1.2
Insurance and Bonding
103
1
LS
$ 2.00000
S 2.000.00
Success: All values provided
01-3
Roadway Construction Control (Slaking)
111
1
LS
$12.000.00
S 12,000.00
Succ... All r.Iu.. provided
914
Trench& Excavation Safety Systems
112
1
LS
30.01
$001
Success: All -f- provided
#1-5
Clearing, Grubbing, & Demolition
201
1
LS
$ 19.100.00
S 19.100.00
Succsss: All values Provided
#1-6
Unclassified Excavation (Plan Quantity)
202
295
CY
$25.00
$ 7.37500
Succ...: Alf vain.. provided
01.7
Select Embankment (Plan Quantity)
202
275
CY
$ 21.00
S 51775.00
Succ.ss: Ail valu.. provided
41.8
Emblankment (Plan Quantity)
202
70
CY
S 100
$ 210.00
Sucrose: All value. provided
01-9
Subgrade Preparation (Plan Quantity)
203
295
SY
$5.00
$ 1.475.00
S.... se All values provided
111
4" Topsoil Placement
204
850
SY
S 4 00
5 3A0000
S..... All value. provided
#1.11
Undercut and Stone Backfill
205
100
TINT
$ 40.00
S4.00000
Success: All values provided
#1-12
P.C.C. Base (For Widening)
ARDOT 309
35
SY
$ 250.00
$ 8,75000
Success: All value. provided
#1-13
P.C.C. Base (For Widening) (No Reinforcement)
ARDOT 309
5
CY
$ 500,00
$ 2.500.00
Su..... All values provided
41-14
Aggregate Base Course (Class 7)(Plan Quantity)
401
95
TON
$ 55.00
$ 5.225.00
Su-..: All values provided
#1-15
(2") Asphalt Concrete Hot Mix Surface Course
403
290
TON
$ 113.40
$ 32.886 00
Success: AN vskiss provldW
#1-16
(3") Asphalt Concrete Hot Mix Binder Course
403
65
TON
S 1➢520
$ 6.83800
Sucuss: AN vskus provided
m-n
Asphalt Concete Patching for Maintenance of
405
2
TON
S 340.00
$ 680.00
Traffic
Sucrose: All value. provided
#1.18
Concrete Curb and Gutter (18")
501
500
LF
S 3500
S T7.500.00
Sucre... All -loss provided
#1.19
4" Thick Concrete w14" Class 7 Base
502
150
SY
$ 95.00
$ 14,250.00
Success. All values provided
91-20
6" Thick Concrete w16" Class 7 Base
502
85
SY
S 70.00
S 5.950.DO
Success: All values provided
#1-21
Solid Sod (Bermuda)
505
850
SY
$4.39
3 3,73L50
Success. All values provided
41-22
12" x 18" Yield Line
507
11
LF
$20.00
$ 22000
Success: All values provided
41-13
(18") Stop Line Pavement Markings (Thermo)
507
75
LF
$ 15.50
$ 1,162.50
(24") Crosswalk Stripe Pavement Markings
Success All vamaa pror dod
91-2.1
(Thermo)
507
75
LF
$17.00
$ t.275.00
Success All value. provided
91-25
IV) Single White Pavement Markings (Thermo)
507
550
LF
$4.17
$2-93.50
Sursens: All values provided i
41-26 ' 6" Double Yellow Pavement Markings heirmic
() rw IT ) .
507 am
LF
s 9.10
' = 7,2ep•00 '
Success: All i
i
41-27
. _ _
yI
i
r
_ —
values provided
(in Singls White Pavement Mark ktge (Them I
607 100
LF
I $ 610
$b/0.00
(
i
Succeu: All values provided
41-28 1 Pavement Symbols (Arrow) (Thermo)
507 10
EA
i
$273,00
S 2,760A0
Susors. All values provided I
1111 29 Paverr" Symbols (Only) (The )
807
I 4
' EA
1 $375.00
$tA00A0 i
-^•_r.•
i Simonelli: AN values, provided '
1130
(RI-2) Traft Sign Installation (38" x 3r x 38)
6111111 1
;
EA..—.
$100.00
I
$I00 00
Suecs: AN values pridd i
rov
1k131
i (MY3 3) Traffic Sign Installation x 30) i
d06 2
_
EA
�-
S 400.00
$ 800.00
i Sacoer: All values provided
4432
Slit Fence60e
300
LF
$4,ta -
_- $1,344.00
Success: All vanes provided i
9133 i
Sediment Log Cho* Dam i
aae 6
EA
$276.85
$1.379.25
' succese: Ali raew prarded
41-34
Trafflc Control Maintenance
610 1
LS
$30,000.00
430,000.00
Succaas: All videss provided
01-M Cast iroPMce Detestable Warning Panel i
613 s0
SF
j ' $ 20.00
Success; All values provided
4136 Handicap Access Ramp
613 76
SY
S106A0
$ 7.676.00
t
{ Success: AO valiaw provided'
s137 Adjust Valve Box to Grade
SP 713
1
EA
i
S 2,000.00
S 2,000.00
Suceesa: AN valor provided-
4136 Cold Milling Asphalt Pavement -
ale 2160
SY
$3.30
' 57,096.00
i Sal AN valor provided
Y1.30 Service Point (2 Circuits) -
SP 700
1 EA
52,900.00
52,8000Sal
Success: Ali velnes p—lded
I
iM-40 Actuated Controller TS 2-Type 2 (8
I Phase)McCAIN ATCoX 2 with Peek D Module ,
;
gp no 1
FA
;
$25,843.26
$26,643.28
i
i Success: All values provided
Video Detector w/Mount (:tons RZ-4 Advanced
01-41 WDR) ;
4
AR 733 SP 712I 6
56,450.7b
1 i
j 527,263.75
I
EA
:
Video Processor Unit-Singlo video Input video
Success: All values provided
41-42:detection processors (VardageEdge 2)with Edge
AR733SP713� 6
i EA�
54,893.75
j iuAee.7s
Connect Vantage '.
j
I
' 8ucu■s: All vs4ur Provided
4143 Loch Radio Ubkluitl Nano8tation Loco M900
SP T02 1
�$167.60
52.167.60
EA
-'
I snores: All reline provided ;
41-44 E-Net Cable (Exterior Cat 6e)
SP 702 76
LF
$3.00
I i 22A00
j Success. Ail vakrs provided i
$146 i Non -Metallic Conduit(125)
ARD0T 710 126
LF
520.00
32,600.011--
I
,
8e■eses: All values provided i
M48 NoMMetallic Conduk (r)
ARDOT Ito 300
LF
I
s 11130.01)
S 9.000.00
' Suecesa:Auvalurpravided {
6147 Galvanized Steel Conduit (1.26")
ARDOT709
20
�. LF
$2s.00
410000
Srrroess: AN values provided
4146 Concrete Pull Box (Type 2) HD {
AFOOT 711 1
EA
$ 825.00
$5.775.00 l
Soccer: AN valur provided
51.49 1 Traffik Signal Cable (7C114 AWG)
ARDOT 700 700
IF
i L75
S 1,92s 00
Succer: As vskas provided
siLO Traffic Signal Cable (20C114 AWO) i,
ARDOT 706 300
LF
S &50
S 1,050.00
Sueow All vahlr provided i
01-51 I Feeder VArs
9P 706 ! 826
LF
S 360
- S IIIIIW 60
I
i
' sneers: All ream p—Add
01-M Video Cable
AR 733 SP 712 . 500
I
LF
$4.00
S 2,2W.00
I
T !
Seoser: All values provided
ill ConductoArwfCaO' Luminaires (2C112
8P I
am
LF
$7.76
S675.00
Suooesc AN values provided
:_.._ _.... _
0144
...._...
Electrical Conductorsln-Condult (2C16 AVVG)
.._� ._. _.....-...._-_.._._ _-_.. __ __.... _.r...
SP 705
_. .._...._.._
476
.. _
LF
..--._..... _._..._..._._.
i 2.76
_. _._..._
f -,3)6.25
Suace— All value, provided
0146
Electrical Conductor&4n-Conduit (1CI6 AWG)
6P 70e
400
LF
I i LW
$ -,Coo 00
3uasarl AN value. provide
0146
Traffic Signal Head ("action) (LEA.)
SP 103
11
EA
It U5 0
$ s,075 00
Suca us n. AN vale provide (
0147 ,
Traffic Signal Head (4Sectbn) (LED) ;
SP 703 �
1
, FA
f e65.00
$966.00
Sucsesa: All vaiws pmvide i
01.M
Countdown Pedestrian Signal Head (LED)
SP 104
4
EA
$ 960.00
$ 3,000.00 j
------------
Succa,,: All values provided
21-58
Traffic Signal Mast Arm (30') and Polo (211 vft
ARGOT 7I4
1
EA
i f 19,078.82
Iae,W8.8!
Foundation
_._..._.._......_.i
,
i
Succeee: All vale provide j
01-60
Traffic Signal Mast Arm (281 and Polo (36') with i
ARGOT 714
1
FA
$17A88.93
4117,06693
Foundation
I
i
Arm (i6j ard POI, with
Traffic Signal MSEFouldali
Sucoms: All vow provided
ht I
AROpT714
1
I FA
j
f /4,088.46
i 14,oeiiA6
Traffic Signal Push Button Pala (5.51 with i
Success: All vdw provided014
2
Foundation i
ARGOT 7U
1
EA
f 2,000.00
i 2,000.00
Succew: All valor
Traffic Signal Pedestrian Polo (IW)with i
ARDOT 716
1
EA
I $Zgem
82.gW.60
Foundation
f
Salsas,: All valess; provkid
0144
Luminaire Assembly (FuIl Cutoff) Acuity Brand
i
SP To
3
FA
$816.00
62,628.00
ATSM H-MVOLT-R44B-NL LED Cobra Head
- Success: All vdw provided
St-55
Video Monitorwhriouse --
AR733SP-112
1
EA
8W&16
$tW3.15
Success: Alt values Provided j
01dB
Video Detection Rack(32 Channel)
AR 733 SP 712
1
EA
$2.163.00
$2,163.00
Success: All valor proAd d
0147
IS" Street Nana Signs
SP 710
3
EA
1 3 WO.00
$1.95000
�
Y
:
Suoeaas: All wlw provilMd
014s
(R16-3e) Crosswalk Push Button Sign (S" x 1!P) ,
WB
2
EA
! $ 241.41
f 482.82
Success: All values provided !
014D
(R1042M) "Loft Turn Yield on Flashing Arrow" j
SP T10
1
i EA
! $ 3%00
f 3W.00
Sign (30" x 36")
t
1luco..�AN ww provided
01-70
!
Self Contained Battery Back Up
SP 711
1
I
I
EA
f 10,022.00
f 10,022.00
(Tosco Control Module 22-BBS)
..
,
-
_
...._. ._._...._1
. __. _......_. _r.._._��
5u -- - All value. provided
#1_�
(R10-11 SPECIAL) "No Right Turn an Red Arrow"'
SP m
1
EA
frtoW
( 360A0
43 B0.W
(30" x 36")�—._.___�
i
fI
i
DOCUMENT 0400-BID FORJI (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 a cashier's check from a bank located in the
State of Arkansas or a,Bid
_Bond in the amount of
&I,& �(CI� Ot* 0r Dollars (S S` 1• )
B. A tabulation of Subcontractors and other persons and organizations required
to be identified in this Bid.
ARTICLE 7- CONMUNICATIONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
Email
Phone No. J5 7'�
Fax No. y (7— 933 — T l QD t
0400-Bid Form 00400-8
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. o1333n0 N ZO
If Bidder is:
An Individual
Name (type or
By:
(Individual's Signature)
Doing business as
Business address:
Phone No: Fax No.
Email Address:
A Partnership
SEAL)
Partnership Name: (SEAL)
By:
(Signature of general partner -attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No: Fax No.
Email Address:
0400-Bid Form 00400-9
DOCUMENT 0400-BID FORM (con(inued)
A Corporation or LLC
Corporation Name: 'G,&eru (SEAL)
State of Incorporation:i55n�)C i
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature of general partner -attach evidence of authority to sign)
Name (type or printed): VA3Dn/ / 00e:
Title: v
(CORPORATE SEAL)
Attest: IfAll
(Signature of Corporate Secretary)
Business address: Z30k j-70 9rtd "y j
--i 0U,4&L� `q I ?A[) GEZ OZ
Phone N o: 6M 141+S - ;1 Fax No. 445 — QU 6
Email Address: •v W i
Tax LD Number (TIN Li-,"- 17 AR.24R
DUNS # c>15 ?A7 o!5�1.
Cage Code:
END OF DOCUMENT 00400
0400-Bid Form 00400-10
_ CITY OF
PAYa�IARKAN AIIIII E
AAKANfAf
Bid Tabulation
Bid 20-41, Construction, Old Wire Rd./Old Missouri Rd. Intersection Improvements
Diamond C Construction
Emery Sapp & Sons
Goodwin & Goodwin, Inc. Sweetser Construction, Inc.
Total Cost
$476,888.12
$440,907.46
$585,600.00 $477,914.75
Selected #
0
71
0 0
Selected($)
$0
$440,907.46
$0 $0
ITEM NO. DESCRIPTION SPEC. QTY UNIT OF
UNIT PRICE TOTAL COST
UNIT PRICE TOTAL COST
UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
REQUIRED MEASURE
#1-1
Mobilization (Shall not exceed 5%of Total Bid)
511
1
LS
$19,154.00 $19,154.00 $21,000.00
$21,000.00
#1-2
Insurance and Bonding
103
1
LS
$17,854.00
$17,854.00
$2,000.00
$2,000.00
#1-3
Roadway Construction Control (Staking)
111
1
LS
$16,950.00
$16,950.00
$12,000.00
$12,000.00
#1-4
Trench & Excavation Safety Systems
112
1
LS
$1,577.48
$1,577.48
$0.01
$0.01
#1-5
Clearing, Grubbing, & Demolition
201
1
LS
$12,695.55
$12,695.55
$19,100.00
$19,100,00
#1-6
Unclassified Excavation (Plan Quantity)
202
295
CY
$24.14
$7,121.30
$25
$7,375.00
#1.7
Select Embankment (Plan Quantity)
202
275
CY
$24.29
$6,679.75
$21
$5,775.00
#1-8
Emblankment (Plan Quantity)
202
70
CY
$29.87
$2,090.90
$3
$210
#1-9
Subgrade Preparation (Plan Quantity)
203
295
SY
$13.03
$3,843.85
$5
$1,475.00
#1-30
4" Topsoil Placement
204
8S0
SY
$9.71
$8,253.50
$4
$3,400.00
#1-11
Undercut and Stone Backfill
205
100
TON
$63
$6,300.00
$40
$4,000.00
#1-12
P.C.C. Base (For Widening)
ARDOT 309
35
SY
$105.26
$3,684.10
$250
$8,750.00
#1-13
P.C.C. Base (For Widening) (No Reinforcement)
ARDOT 309
5
CY
$273.46
$1,367.30
$500
$2,500.00
#1-14
Aggregate Base Course (Class 7)(Plan Quantity)
401
95
TON
$31.64
$3,005.80
$55
$5,225.00
#1-15
(2") Asphalt Concrete Hot Mix Surface Course
403
290
TON
$140.28
$40,681.20
$113.40
$32,886.00
#1-16
(3") Asphalt Concrete Hot Mix Binder Course
403
65
TON
$147.77
$9,605.05
$105.20
$6,838.00
#1-17
Asphalt Concete Patching for Maintenance of Traffic
405
2
TON
$565
$1,130.00
$340
$680
#1-18
Concrete Curb and Gutter (18")
501
500
LF
$20.34
$10,170.00
$35
$17,500.00
#1-19
4" Thick Concrete w/4" Class 7 Base
502
150
SY
$46.18
$6,927.00
$95
$14,250.00
#1-20
6" Thick Concrete w/6" Class 7 Base
502
85
SY
$62.35
$5,299.75
$70
$5,950.00
#1-21
Solid Sod (Bermuda)
505
850
SY
$6
$5,100.00
$4.39
$3,731.50
#1-22
12" x 18" Yield Line
507
11
LF
$30.82
$339.02
$20
$220
#1-23
(18") Stop Line Pavement Markings (Thermo)
507
75
LF
$21.10
$1,582.50
$15.50
$1,162.50
#1-24
(24") Crosswalk Stripe Pavement Markings (Thermo)
507
75
LF
$21.85
$1,638.75
$17
$1,27S.00
#1-25
(6") Single White Pavement Markings (Thermo)
507
550
LF
$5.35
$2,942.50
$4.17
$2,293.50
#1-26
(6") Double Yellow Pavement Markings (Thermo)
507
800
LF
$11.45
$9,160.00
$9.10
$7,280.00
#1-27
(81 Single White Pavement Markings (Thermo)
507
100
LF
$6.78
$678.00
$5.10
$510.00
#1-28
Pavement Symbols (Arrow) (Thermo)
507
10
EA
$350.30
$3,503.00
$275
$2,750.00
#1-29
Pavement Symbols (Only) (Thermo)
507
4
EA
$466.13
$1,864.52
$375
$1,500.00
#1-30
(RI-2) Traffic Sign Installation (36" x 36" x 36")
508
1
EA
$565
$565
$400
$400
#1-31
(W3-3) Traffic Sign Installation (30" x 30")
508
2
EA
$565
$1,130.00
$400
$800
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$15,000.00
$15,000.00
$1,000.00
$1,000.00
$10,000.00
$10,000.00
$20
$5,900.00
$25
$6,875.00
$25
$1,750.00
$15
$4,425.00
$2
$11700.00
$80
$8,000.00
$145
$5,075.00
$185
$925
$85
$8,075.00
$150
$43,500.00
$220
$14,300.00
$300
$600
$45
$22,500.00
$65
$9,750.00
$85
$7,225.00
$8
$6,800.00
$75
$825
I$300
$7,500.00
' $100
$7,500.00
$4
$2,200.00
$4
$3,200.00
$5
$500
$400
$4,000.00
$400
$1,600.00
$1,500.00
$1,500.00
$900
$1,800.00
$22,500.00 $22,SD0.00
$20,000.00 $20,000.00
$7,000.00 $7,000.00
$3,250.00 $3,250.00
$4,000.00 $4,000.00
$27 $7,965.00
$30 $8,250.00
$30 $2,100.00
$22 $6,490.00
$8 $6,800.00
$48 $4,800.00
$95 $3,325.00
$85 $425
$65 $6,175.00
$127 $36,830.00
$118 $7,670.00
$150 $300
$22 $11,000.00
$55 $8,250.00
$65 $5,525.00
$8 $6,800.00
$28 $308
$13.50 $1,012.50
$22.50 $1,687.50
$2.80 $1,540.00
$2.80 $2,240.00
$4.50 $450.00
$308 $3,080.00
$392 $1,568.00
$350 $350
$350 $700
#1-32
Silt Fence
509
300
LF
$3.39
$1,017.00
$4.48
#1-33
Sediment Log Check Dam
509
5
EA
$565
$2,825.00
$275.85
#1-34
Traffic Control Maintenance
510
1
LS
$8,475.00
$8,475.00
$30,000.00
#1-35
Cast -in -Place Detectable Warning Panel
513
60
SF
$56.50
$3,390.00
$20
#1-36
Handicap Access Ramp
513
75
SY
$69.31
$5,198.25
$105
#1-37
Adjust Valve Box to Grade
SP 713
1
EA
$565
$565
$2,000.00
#1-38
Cold Milling Asphalt Pavement
516
21SO
5Y
$4.21
$9,051.50
$3.30
#1-39
Service Point (2 Circuits)
SP 709
1
EA
$2,486.00
$2,486.00
$2,600.00
Actuated Controller TS 2-Type 2 (8 Phase)McCAIN ATCeX 2
#140
with Peek D Module
SP 710
1
EA
$25,990.00
$25,990.00
$25,643.28
#1-41
Video Detector w/Mount (Iteris RZ-4 Advanced WDR)
AR 733 SP 712
5
EA
$3,616.00
$18,080.00
$5,450.75
Video Processor Unit -Single video input video detection
AR 733 SP
#1-42
processors (Vantage Edge 2) with Edge Connect Vantage
713
5
EA
$6,780.00
$33,900.00
$4,893.75
#1-43
Local Radio Ubiquiti NanoStation Loco M900
SP 702
1
EA
$1,469.00
$1,469.00
$2,187.50
#1-44
E-Net Cable (Exterior Cat Se)
SP 702
75
LF
$6.03
$452.25
$3
#1-45
Non -Metallic Conduit (1.25")
ARDOT710
125
LF
$13.56
$1,695.00
$20
#1-46
Non -Metallic Conduit (3")
ARDOT 710
300
LF
$33.90
$10,170.00
$30
#1-47
Galvanized Steel Conduit (1.25")
ARDOT 709
20
LF
$28.25
$565.00
$25
#1-48
Concrete Pull Box (Type 2) HD
ARDOT 711
7
EA
$1,452.86
$10,170.02
$825
#1-49
Traffic Signal Cable (7C/14 AWG)
ARDOT 708
700
LF
$2.75
$1,925.00
$2.75
#1-50
Traffic Signal Cable (20C/14 AWG)
ARDOT 708
300
LF
1$7.54
$2,262.00
$3.50
#1-51
Feeder Wire
SP 705
325
LF
$2.09
$679.25
$3.50
#1-52
Video Cable
AR 733 SP 712
550
LF
$7.20
$3,960.00
$4
#1-53
Electrical Conductors for Luminaires (2C/12 AWG)
SP 702
S00
LF
$2.26
$1,130.00
$1.75
#1-54
Electrical Conductors -in -Conduit (2C/6 AWG)
SP 706
475
LF
$4.76
$2,261.00
$2.75
#1-55
Electrical Conductors -in -Conduit (1C/8 AWG)
SP 706
400
LF
$3.11
$1,244.00
$2.50
#1-56
Traffic Signal Head (3-Section) (L.E.D.)
SP 703
11
EA
$1,130.00
$12,430.00
$825
#1-57
Traffic Signal Head (4-Section) (L.E.D.)
SP 703
1
EA
51,695.00
$1,695.00
$965
#1-58
Countdown Pedestrian Signal Head (LED)
SP 704
4
EA
$1,017.00
$4,068.00
$950
#1-59
Traffic Signal Mast Arm (35') and Pole (21') with Foundation
ARDOT 714
1
EA
$24,860.00
$24,860.00
$19,078.82
#1-60
Traffic Signal Mast Arm (25') and Pole (35') with Foundation
ARDOT 714
1
EA
$22,600.00
$22,600.00
$17,065.93
#1-61
Traffic Signal Mast Arm (16') and Pole (35') with Foundation
ARDOT 714
1 EA
#1-62
Traffic Signal Push Button Pole (5.5') with Foundation
ARDOT 714
1 EA
#1-63
Traffic Signal Pedestrian Pole (15') with Foundation
ARDOT 715
1 EA
Luminaire Assembly (Full Cutoff) Acuity Brand ATBM-H-
#1 64
MVOLT-R4-4B-NL LED Cobra Head
SP 708
3 EA
#1-65
Video Monitor w/mouse
AR 733 SP 712
1 EA
#1-66
Video Detection Rack (32 Channel)
AR 733 SP 712
1 EA
#1.67
18" Street Name Signs
SP 710
3 EA
#1-68
(1110-3e) Crosswalk Push Button Sign (9" x 15")
508
2 EA
#1-69
(1110-12M) "Left Turn Yield on Flashing Arrow" Sign (30" x 36")
SP 710
1 EA
Self Contained Battery Back Up (Tesco Control Module 22-
#1-70
BBS)
SP 711
1 EA
-11 SPECIAL) "No Right Turn on Red Arrow" Sign (30" x
#1-71
36 i
SP 710
1 EA
$20,905.00 $20,905.00 $14,086.45
$2,260.00 $2,260.00 $2,000.00
$3,729.00 $3,729.00 $2,960.50
$1,167.67 $3,503.01 $876
$1,243.00 $1,243.00 $553.15
$2,260.00 $2,260.00 $2,163.00
$922.84 $2,768.52 $650
$141.25 $282.50 $241.41
$565 $565 $350
$1,344.00
$6
$1,800.00
$7
$2,100.00
$1,379.25
$800
$4,000.00
$1,200.00
$6,000.00
$30,000.00
$50,000.00
$50,000.00
$58,000.00
$58,000.00
$1,200.00
$30
$1,800.00
$15
$900
$7,875.00
$80
$6,000.00
$75
$5,625.00
$2,000.00
$200
$200
$500
$500
$7,095.00
$8
$17,200.00
$3.70
$7,955.00
$2,600.00
$3,000.00
$3,000.00
$2,105.00
$2,105.00
$25,643.28
$25,000.00
$25,000.00
$22,971.00
$22,971.00
$27,253.75
- $4,000.00
$20,000.00
$3,244.00
$16,220.00
$24,468.75
$7,000.00
$35,000.00
$6,216.00
$31,080.00
$2,187.50
$2,000.00
$2,000.00
$1,223.00
$1,223.00
$225
$10
$750
$4.90
$367.50
$2,500.00
$15
$1,875.00
$11.20
$1,400.00
$9,000.00
$45
$13,500.00
$29.70
$8,910.00
$500
$30
$600
$20.50
$410.00
$5,775.00
$2,000.00
$14,000.00
$1,260.00
$8,820.00
$1,925.00
54
$2,800.00
$2.30
$1,610.00
$1,050.00
$8
$2,400.00
$6.20
$1,860,00
$1,137.50
$3
$975
$1.75
$568.75
$2,200.00
$8
$4,400.00
$6.20
$3,410.00
$875.00
$3
$1,500.00
$1.70
$850.00
$1,306.25
$5
$2,375.00
$4.10
$1,947.50
$1,000.00
$4
$1,600.00
$2.50
$1,000.00
$9,075.00
$1,700.00
$18,700.00
$1,047.00
$11,517.00
$965
$2,000.00
$2,000.00
$1,405.00
$1,405.00
$3,800.00
$1,250.00
$5,000.00
$866
$3,464.00
$19,078.82
$23,000.00
$23,000.00
„$21,353.00
$21,353.00
'
$17,065.93
$20,000.00
$20,000.00
$19,930.00
$19,930.00
$14,086.45
$18,500.00
$18,500.00
$17,925.00
$17,925.00
$2,000.00
$2,200.00
$2,200.00
$1,747.00
$1,747.00
$2,960.50
$4,500.00
$4,500.00
$3,260.00
$3,260.00
$2,628.00
$1,500.00
$4,500.00
$1,023.00
$3,069.00
$553.15
$2,000.00
$2,000.00
$1,109.00
$1,109.00
$2,163.00
$3,000.00
$3,000.00
$1,982.00
$1,982.00
$1,950.00
$1,200.00
$3,600.00
$816
$2,448.00
$482.82
$100
$200
$42
$84
$350
$600
$600
$419
$419
$11,300.00 $11,300.00 $10,022.00 $10,022.00 $10,000.00 $10,000.00 $9,560.00 $9,560.00
$565 $565 $350 $350 $1,000.00 $1,000.00 $419 $419
*a F:ir =,_Yi LL
a{ni3(5
Bid 20-41, Construction - Old Wire Old
Missouri Intersection - Bid 20-41,
Construction - Old Wire Old Missouri
Intersection
Project Overview
Project Details
Reference ID Bid 20-41, Construction - Old Wire Old Missouri Intersection
Project Name Bid 20-41, Construction - Old Wire Old Missouri Intersection
Project Owner Adonis Bwashi
Project Type ITB
Department Purchasing
Budget $0.00 - $0.00
The City of Fayetteville is accepting bids from properly licensed and
Project Description authorized firms for the improvements at Old Wire Rd and Old Missouri.
Questions should be addressed to Les McGaugh, Purchasing Agent at
Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220.
Open Date Apr 22, 2020 12:00 AM CDT
Close Date May 21, 2020 2:00 PM CDT
Highest Scoring Supplier
Emery Sapp & Sons
Score
100 pts
���ATfTTfY1LLE
AfKANfAf
Seal status
Requested Information Unsealed on Unsealed by
Required Signature Forms May 21, 2020 2:04 PM CDT Les McGaugh
Bid Bond (No less than 5%) May 21, 2020 2:04 PM CDT Les McGaugh
Bid 20-41, Bid Form (BT-48QX) May 21, 2020 2:04 PM CDT Les McGaugh
Arkansas Contractor's License # May 21, 2020 2:04 PM CDT Les McGaugh
Arkansas Secretary of State May 21, 2020 2:04 PM CDT Les McGaugh
Filing #
Bid 20-41, Vendor May 21, 2020 2:04 PM CDT Les McGaugh
Subcontractors
1. Pursuant Arkansas Code
Annotated §25-1-503, the
Contractor agrees and certifies
that they do not currently
boycott Israel and will not
boycott Israel during any time in
which they are entering into, or May 21, 2020 2:04 PM CDT Les McGaugh
while in contract, with any public
entity as defined in §25-1-503.
If at any time during contract the
contractor decides to boycott
Israel, the contractor must notify
the contracted public entity in
writing.
W-9 May 21, 2020 2:04 PM CDT Les McGaugh
Conflict of Interest
# Declaration of Conflict of Interest You have been chosen as a Committee member for this
Evaluation. Please read the following information on conflict of interest to see if you have any
problem or potential problem in serving on this committee. ## Code of Conduct All information
_ C " Of
lYILLE
ANKAK T
AYI[ANiA.i
related to submissions received from Suppliers or Service Providers must be kept confidential by
Committee members. ## Conflict of Interest No member of a Committee shall participate in the
evaluation if that Committee member or any member of his or her immediate family: * has direct or
indirect financial interest in the award of the contract to any proponent; * is currently employed by,
or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement
concerning future employment or contracting with any proponent; or, * has an ownership interest in,
or is an officer or director of, any proponent. Please sign below acknowledging that you have
received and read this information. If you have a conflict or potential conflict, please indicate your
conflict on this acknowledgment form with information regarding the conflict. I have read and
understood the provisions related to the conflict of interest when serving on the Evaluation
Committee. If any such conflict of interest arises during the Committee's review of this project, I will
immediately report it to the Purchasing Director.
Name Date Signed Has a Conflict of Interest?
Les McGaugh May 21, 2020 2:05 PM CDT No
Adonis Bwashi May 28, 2020 11:35 AM CDT No
P... .
MAM Ya
Submissions
Supplier Date Submitted
Diamond C Construction May 21, 2020 11:48 AM
CDT
Emery Sapp & Sons May 21, 2020 9:34 AM
CDT
Sweetser Construction, May 21, 2020 11 A8 AM
Inc. CDT
Goodwin & Goodwin, May 21, 2020 3:45 PM
Inc. CDT
Name Email
Mike Cordeiro Mike@diamondcconst.com
Cody Vandegriffe cody.vandegriffe@emerysapp.com
Charlie Miller charlie@sweetserconstruction.com
Bryan Goodwin pipedude08@yahoo.com
Confirmation Code
ODMwNDI=
OD15OTk=
ODMwNDM=
ODMxNTQ=
CITY OF
FAYNTTRVILLN
ARKANtlf
Scoring Summary
Active Submissions
Supplier
Emery Sapp & Sons
Diamond C Construction
Sweetser Construction, Inc.
Goodwin & Goodwin, Inc.
Total
Total Bid Price
/ 100 pts / 100 pts
100 pts 100 pts ($440,907.46)
92.46 pts 92.46 pts ($476,888.12)
92.26 pts 92.26 pts ($477,914.75)
75.29 pts 75.29 pts ($585,600.00)
Within Certified Funds
Pass/Fail
Pass
Pass
Pass
Fail
_ C." OF
AYRANtAt
Signatures
Name
Adonis Bwashi
(Project Owner)
Les McGaugh
(Evaluator)
Signatures
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract in the amount of $440,907.46 with Emery Sapp and Sons, Inc. for the construction of the Old
Wire Rd./Old Missouri Rd. Intersection Improvements project, approval of a project contingency of $66,136.00 (15%)
and approval of a budget adjustment
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
6/16/2020
2020-0454
M atthow M addo-w
512812020 2:42 PM
Budget Director
TYPE:
JOURNAL #:
GLDATE:
CHKD/POSTED:
Date
D - (City Council)
6/16/2020
TOTAL 1 14, 603 1 14, 603 v.20200528
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4520.800.9556-5809.00 114,603 - 06035 2600 EX Improvements - Street
4520.900.0952-4999.99 - 114,603 RE Use Fund Balance - Current
H:\Budget Adjustments\2020_Budget\City Council\06-16-2020\BA 2020-0454 Old Wire Old Missouri Intersection Improvements 1 of 1