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207-21 RESOLUTION
113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 207-21 File Number: 2021-0505 BID #21-52 ARCSTAR ELECTRIC, LLC - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #21-52 AND AUTHORIZE A CONTRACT WITH ARCSTAR ELECTRIC, LLC IN THE AMOUNT OF $598,443.00 FOR THE INSTALLATION OF DECORATIVE LIGHTING ON SPRING STREET FROM WEST AVENUE TO COLLEGE AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-52 and authorizes Mayor Jordan to sign a contract with Arestar Electric, LLC in the amount of $598,443.00 for the installation of decorative lighting along both sides of Spring Street from West Avenue to College Avenue, and further approves a project contingency in the amount of $60,000.00. 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 8/17/2021 Page 1 Printed on 8118121 Resolution: 207-21 File Number.' 2021-0505 Attest: Kara Paxton. City Clerk Treasures FAye, •rri F ,AS •� ••....•'• N i ,�,,.. Page 2 Printed on 8118121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0505 Agenda Date: 8/17/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 BID #21-52 ARCSTAR ELECTRIC, LLC - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #21-52 AND AUTHORIZE A CONTRACT WITH ARCSTAR ELECTRIC, LLC IN THE AMOUNT OF $598,443.00 FOR THE INSTALLATION OF DECORATIVE LIGHTING ON SPRING STREET FROM WEST AVENUE TO COLLEGE AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT 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 #21-52 and authorizes Mayor Jordan to sign a contract with Arestar Electric, LLC in the amount of $598,443.00 for the installation of decorative lighting along both sides of Spring Street from West Avenue to College Avenue, and further approves a project contingency in the amount of $60,000.00. 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 812312021 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2021-0505 Legistar File ID 8/17/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/14/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends award of Bid 21-52 and authorization of a contract with Arestar Electric, LLC in the amount of $598,443 and approval of a $60,000 contingency for installation of decorative lighting along both sides of Spring Street from West Avenue to College Avenue and approval of a budget adjustment. Budget Impact: 4602.860.7214-5814.00 Streets Project (2019 Bonds) Account Number Fund 46020.7214.1040 Downtown Walkability Improvements Spring Street Lighting Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 20,000.00 $ 10, 500.00 9,500.00 $ 598,443.00 $ 658,443.00 69,500.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 17, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: July 14th, 2021 SUBJECT: 2021-0505 — Spring Street Lighting Bid Award RECOMMENDATION: Staff recommends award of Bid 21-52 and authorization of a contract with Arestar Electric, LLC in the amount of $598,443 and approval of a $60,000 contingency for installation of decorative lighting along both sides of Spring Street from West Avenue to College Avenue and approval of a budget adjustment. BACKGROUND: The Spring Street lighting project is included in the downtown walkability improvements allocation of the 2019 bond funds. The goal of this project is to create a stronger connection between the Dickson Street entertainment district and the downtown district by installing matching lighting to create a more cohesive downtown experience. The lighting along Spring Street will encourage more people feel safe and comfortable parking and walking along Spring Street to access the popular downtown destinations. In September of 2020, Engineering Elements was contracted to provide the electrical design plans that are attached. The lighting design includes alternating pole spacing along each side of Spring Street within the narrow green space to provide optimal lighting coverage on the sidewalks and roadway. Bid 21-52 was opened publicly on July 5th, 2021 with Arestar Electric, LLC provided the only bid. The bid amount is below the engineers estimate and below the certification of funds. The contract time is 150 days for final completion. DISCUSSION: The project includes decorative acorn style to match College, Block, Church Avenues and the Square as shown below. The lights are energy efficient Light Emitting Diode (LED) and a warm 3,000 Kelvin color has been chosen. The lights also include a optic that projects all light downward to the sidewalk and street to be dark sky friendly. An electrical receptacle has also been included at the top of each light for optional holiday lighting. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The Spring Street Lighting project is identified in the downtown walkability portion of the 2019 transportation bonds. The attached budget adjustment allocates the funding for the Spring Street Lighting project from the overall downtown walkability bond funding. Attachments: Spring Street Lighting Plans Bid 21-52 Recommendation of Award Section 0500 Agreement signed by Arestar Electric LLC Arestar Electric, LLC Bid Submittal IM-L-LT A- 3-VLr--f&3K-UN$.L -CC [RA1f702*FFI1-FBG RNTFA4r-V4R-.1 SO--AF"3-M-CC RN>Ik3 M [GFP3MECAFT11NH8-M I-1-IC-RECfCED FOR DCO-4 LNLESSUTNEITMSE SPECIFIED 06EN6 M ARE IN ACMES ttYENM ES Fp/k� ANNULAR WWI 1 EEW * 1 TM PLACE IDIB; 44 _ A3 TWSERACEGECWL • OL raEwNCKNc Pea lulnttu DO NOT SCALE DftWi IG MALIE LATE 010U'M O,q, ovly CHECKED LC WIWWI 14C MPH NFG APPB Oh WNNER" "-SUBMITTAL QRAVNNG REVISION NEEDED" Frr QW* CITY OF FAYETTEVILLE J m 1 m'U 19 W Imim B mim i n I F F FX5RN0 TO RaLNN, nfl aow— Ro RO F ROWS ROWS ROWS o RO ROWS R— AT ROWS RO ROW 6 58 Sd S S — S,N 38 t /�l� ... 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FROM PULL BOX TO PAL AGHIS, 4. INSTALL CONDUIT BELL END FRRNGS ON NON-METAWC CONOUE ENDS. THE COST OF FRTINGE SHNL G CONSIDERED SUBSIDRNf TO THE PAY IEFOR "NON-FkTNLIC CONDOR (2") 5. THE DEGREE OF FILL ON LUMINMRET SNNL BE ZERO. 6. ALL SPLICES SINLL BE WATERTIGHT MD UL-USTEB FOR CDUDNUOUS USE IN SUBMERSIBLE INSTPLARONS. ]. USE MINIMUM 1/4^ PULL ROPE OR 12.OBO LBS PULL THE WHEN PUWNG CONDUCTORS. 8. EOC. SNNL BE E%OIHERMIGLLLY FORNED TO GROUND ROD. 9. CONDUCT A MINIMUM 14-WY BURN TEST FOR THE COMPLETE LICIONG SYSTEM. BEFL CE BURNED OUT MD NOTICEA DIM LUMIN11RE5; MALNNLTONING EQUIPMENT SEEMED. BE CORRECTED, MD RETESTED THE SYSTEM OTHERWISE REMCMT MD REBPLE WTIH NEW EQUIPMENT. 10, SEE SRHEMD DNANNG SO-6 FOR PULL BOX CONSTRUCTION, MDT IRO xD OPo R 1' o" PC BOX ExT IN MIN —L BASE _ EMiE COPPER _ CONDUCTOR PER NEC REQUIREMENTS TER PROOF RECEPTACLE PPER CIPD GROUND OWN. B'-o^ UER5IINCOL C A LONG x 5/8^ DR. RE 7EXEC B N ROUND ROD DETAIL EX6RNC MmY P01£, vfRiV LRD UHUTY GENERAL NOTES N. I CONDURHIREE E1 "MARRNED NOT EPEONbLL1vROWND OR ECINED, WNIN HIIP ME REG FED FOR NCENEW WHO EI ELMRE2 0PERMINO E ro DRACE OR SYSTEM ME REQUIRED TO BE FURRIBIED MD INSIALLED BY THE Ca41RACiOF. 2 MLDUN)CUR" UR WWOW S BE FI)Y CODE (NFPA PERFORRENT MED PEIAINN) EUNDFAGAOHIRTIUNO FACIMFS OWAGCODE E PAERkREN111gVCACOi D WDGO�RNGEWIZEN TH'EA"Ois IOUS o WRTMEN OF i NSPE wCI N sulMnwO SPFTMEINCON R FOR EPRE C BE I17 IS NN.ETWO ON, DERE EFFED, " 3. MKWSAS ONE CND. ON xT ED �nC pADAxCE wAiIN NDW ON GRNU pO FACILIPES Dw%E IRrlgN AEI. I NL URIIY ED TO FREGBEEN THE G_ XCE THE UPLITT CO- mroLvfO WHO YEPoF! ME L➢GkTSN OF UNOERDBOUNO UNLESS. FRF CONTRACTOR SULLL uWRNH BE UOLI LOGTxN MEINGS UN. O IS NO LONGER NECESSXW S THE COow�isTR' urnW B RESPONSIBLE PER ALL CODES OF REPAIR OR BEPUCFUENT OF EAmwG ALTl6 SAGES E. ANY ETHEWIPMIR OR *1 BOUNCE -EFINDEPENE,1 IMENMMLRTERES W11H ME PAOPOS[B CONSIAUCRON MB WHX:H .A 1 ME PAOPFNFY THE T CONBUIT SWEL BE USEDCOND . 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ALL UNDERGROUND Carom F 16, END U CONEUT FILL TG I OF 40E 17 ED PMENE GROUNDING CONTRCTOR STAEL BE BONDED TO EACH PoLE, GROUND ROD, LUMNNRf AHD SEANCE FONT PER NEC .1 A EEDLLS IN MD IUC 11 � CONCRETE PULL BOXES S HE TYPE 2 ED UNLESS CNERMSE ON THE PRCFDE A TYPE 2 ED WNEAETE PULL BOX WITHN 5 OF GIEW PI POLE LIGHT FOUNWRON. 19 NL SPUCES LWL BE w GHT RNS VL-USIED PER WNLLxU CE U E N SUBMERSIBLE IN TPLUTON 20, PRIOR CODEESS CONSTRUTIE CONTENCTFOR CTED, PT SEO. ANDS$2C-31-ERLE 101 ET SEO.)TAME MET. THE BOCUMEGATION SHALL INCLUDE. 20: �A EECTRICIAMLOENDE NFORA1NN AN SONEWTON VIE. 242 ME WMED OF LIGAISED-pEGERNMR40-MLiENTICF-EIFCTEILVAxc 2 AGRETCM (M1xp://rwaM1OD/R.I=lin/smrtM1.pFp) MS BEPARIMEM OF LABOR ELECIPoCYN 2 _OLDED 10 FEE JOB ENGESER ME CONRK OR M BE MR3IGNIF E 2 B MNMUM 1/( PEAL N."N OA POLrtSIFR ROPE, OR 1211 LES PULL IMF WHEN PULING S 00 GOETaBE SUER COBLL OR FlSx TAKE SWIL xoT AE USD. CONNECT PIING OERPS3 TO COPPER WIRE MO NDT 10 WC FT USE FELL COMPOUND PER AwUFAC1LFERs WINIMENExTS. HL BENDS SHALL WE BE Its row N MNENGEG LED N' ISHOUREFERS USED 23 ELCX CAdES IN WILL WILL BOXES I- BO I FEET, 84, BOIR Au GGNDUITGRs Txxauw .uxCTlox BOXES As BEOARED, 25. CartVLIOR K PESPoNELBG roe AEP.ACIN6 CONCRETE III— MD aNEWAYB —ED DINING CONSTRUCTION. MLLbxN CP38 UIIN22SL1 OR EUUNNEM AIR FOR WNDUR INEENLATNN. ML CONGAER SPREE 120/2w,, 1W WHOMED LOMCEN6R W/EW BE REPV&FD ACCOfIONG ro Clry OF FAYETBIIE _SWECSCONTRACTOR. MI SUCKEL . IENR TCH MD ASTROME c .1 2 POCIES TO TRM TRGs WON wwNCE EXTENDING WHERE NEW PELE INTEER3�MPT O IGxTE MD IX6ANO FREE G x ED DONB1cr. LIa1R 2, EXEREL R WIN SMEPA ON ELECENG SEANCE KDUIREMENTS FPPOUDE OBLER A RIND OR ANGLLSS MEIFA PPE PER BELIEVE MIM CUUPNNS RroUKMENTS. TYPICAL — ELECTRICAL RISER DIAGRAM A N.T.S. RKA o �NF R.IPMs? \P�PTE p 9G IO S W � � a WLu z �,^ aa a U) = UL '^ o'^ J V Z Z w 2 H G a�EW ♦'m^ r VI V LL J N m C= E.. R � g LUo mm 0- o GO ? �Z W � J J n Q U w K H oFFf U UW� J IrO0 W Uw dU wmW KZ� LLO REVISIONS ®Aq)fxDUM 01 W/2B/2fl[1 PROJECT:2O-077 DATE: 02-26-21 E2 C6TT AF FAYETTEVILLE ARKAMBAK BID TABULATION Bid 21-52, Construction - Spring Street Lighting Deadline: Wednesday, June 6, 2021 at 2:00 PM Certification of Funds: $715,000.00 Total Allowed: $893,750.00 Total Cost ArcStar Electric, LLC $ 598,443.00 # #1-1 Items AMERLUX: EDR-8555-AP3305-8'-7"-(3FCI-TOP/D731AO-AC-T3-AV12-Sy-30-10OM/RAL#7022) OR VISIONAIRE: N2L-L-LTIA-T3-32LC-350- 3K-UNV-PT-(RAL#7022)-FIN1-FBC—ONTO RNTFA-8'6-4R-.188--AKB-343-T3R-CC RAL#7022-(GFI-90DEG-8FT1IN)(5TD HHC-RECESSED FOR DCB-4) ONTO DCB-4-4-CCRAL#7022 Quantity Required 64 Unit of Measure EA Unit Price $ 3,250.00 Total Cost $ 208,000.00 #2-1 #2-2 #2-3 #2-4 #2-5 #2-6 #2-7 #2-8 #2-9 #2-30 #2-11 #2-12 #2-13 112-14 #2-15 Mobilization (Shall Not Exceed 5%of Total Bid) Insurance & Bonding Pole Foundation (Per details and specifications) Fine Grading Topsoil & Seed Directional Boring (11/2" PVC OR HOPE) 1-1/2"Conduit (Schedule-40 PVC)(Installed)(Includes Trenching) 1-1/2" Conduit (Schedule-40 PVC)(Installed with pull cord for future Rber)(Includes Trenching) 9"x11"x6" Polymer Concrete Pull Box (Type II HD) No. 12 AWG Copper Conductor (Pull Box to Luminaire)(LF price includes 2 #12 and 1#12 Ground) No. 10 AWG Copper Conductor (Ground) No. 6 AWG Copper Conductor Electrical Service Equipment Pedestals 4" Concrete Sidewalk (Use only as directed) 6" Concrete Driveway Aprons (Use only as directed) Erosion Control Measures 1.00 1.00 59 600.00 2000.00 5000 700 69.00 1280 4500.00 13500.00 1.00 50.00 50.00 1.00 LS LS EA Sy LF LF LF EA LF LF LF EA Sy Sy LS $ 25,000.00 $ 32,000.00 $ 875.00 $ 17.00 $ 44.00 $ 12.00 $ 11.00 $ 575.00 $ 0.60 $ 0.75 $ 1.60 $ 8,000.00 $ 95.00 $ 115.00 $ 32,000.00 $ 25,000.00 $ 32,000.00 $ 51,625.00 $ 10,200.00 $ 88,000.00 $ 60,000.00 $ 7,700.00 $ 39,675.00 $ 768.00 $ 3,375.00 $ 21,600.00 $ 8,000.00 $ 4,750.00 $ 5,750.00 $ 32,000.00 . NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CI Ty OF FAYETTEVILLE ARKAKSAS Bid 21-52, Construction - Spring Street Lighting Project Overview Project Details Project Name Bid 21-52, Construction - Spring Street Lighting Project Owner Amanda Beilfuss Project Type ITB Department Purchasing Certification of Funds $715,000.00 25% Allowance $178,780.00 Total Allowance $893,750.00 The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the installation of decorative acorn style lighting along both sides of Spring Street from West Avenue to College Avenue for approximately 2,210 linear feet. The project includes, but Project Description not limited to, the complete installation electrical conduit including boring, installation of light poles, foundations, fixtures, pulling wire, and installing a service panel, and all other improvements as further defined in the Contract Documents. All questions during the bidding process shall be addressed to Andrea Foren, City Purchasing Manager. Open Date May 30, 2021 12:00 AM CDT Close Date Jul 06, 2021 2:00 PM CDT GI Tv OF FAYETTEVILLE ARKAN ARKAK6AS Highest Scoring Supplier ArcStar Electric, LLC Seal status Requested Information Bid Bond Required Signature Form AR Secretary of State Filing # Arkansas Contractor's License 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 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. Bid 21-52, Bid Form - Spring Street Lighting (BT-27QV) Unsealed on Jul 06, 2021 2:02 PM CDT Jul 06, 2021 2:02 PM CDT Jul 06, 2021 2:02 PM CDT Jul 06, 2021 2:02 PM CDT Jul 06, 2021 2:02 PM CDT Jul 06, 2021 2:02 PM CDT Score 100 pts Unsealed by Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss CI Ty OF FAYETTEVILLE ARKANBAB 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 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? Amanda Beilfuss Jul 06, 2021 2:03 PM CDT No [I Ty or FAYETTEVILLE ARKANSAS Public Notices Addendum 1 issued to Bid 21-52, Construction — Spring Street Lighting Andrea Foren, Jun 08, 2021 12:19 PM CDT - Project Public Files changed Addendum 1 has been issued to Bid 21-52, Construction — Spring Street Lighting and is available in the public files as "Bid 21- 52, File 03 - Addendum 1 ". Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. Addendum 2 issued to Bid 21-52, Construction — Spring Street Lighting Andrea Foren, Jun 16, 2021 4:37 PM CDT Addendum 2 has been issued to Bid 21-52, Construction — Spring Street Lighting and is available in the public files as 'Bid 21-52, File 04 - Addendum 2". Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. To access this addendum visit http://fayetteville-ar.gov/bids. - Project Public Files changed Project Details Have Changed Andrea Foren, Jun 23, 2021 12:57 PM CDT Addendum 3 has been issued to Bid 21-52, Construction — Spring Street Lighting and is available in the public files as 'Bid 21-52, File 05 - Addendum 3". This addendum extends the bid deadline. Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. To access this addendum visit http://fayetteville- ar.gov/bids. - Project Public Files changed - Project Close Date changed Addendum 4 issued to Bid 21-52, Construction — Spring Street Lighting Andrea Foren, Jun 29, 2021 1:46 PM CDT Addendum 4 has been issued to Bid 21-52, Spring Street Lighting and is available in the public files as "Bid 21-52, File 06 - Addendum 4". NOTICE: This Addendum includes a bid deadline extension, revised bid form (bid table) and issuance of a revised/updated plan set (provided via File 07). Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. To access this addendum visit http://fayetteville-ar.gov/bids. [I Ty or FAYETTEVILLE ARKANSAS Submissions Supplier Date . Submitted ArcStar Jul 06, 2021 Electric, 1:03 PM LLC CDT Name Email Confirmation Code Jay Noe jnoe@arestarelectric.com MTUwODU1 [I Ty or FAYETTEVILLE ARKAN ARKAN6AS Project Criteria Criteria Total Lump Sum Bid Price Within Certified Funds Points , Description 100 pts I Total Lump Sum Bid Pass/Fail Total base bid must be within 125% of certified funds. Total 100 pts [I Ty or FAYETTEVILLE ARKANSAS Scoring Summary Active Submissions Total Total Lump Sum Bid Within Certified Price Funds Supplier / 100 pts / 100 pts Pass/Fail ArcStar Electric, 100 pts 100 pts ($598,443.00) Pass LLC [I Ty or FAYETTEVILLE ARKANSAS Proposal Score Comments ArcStar Electric, LLC - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer Amanda Beilfuss Score 100 Pts ($598,443.00) Reason Within Certified Funds - Reviewer Scores Reviewer Score Reason Comments Within certified amount. Comments Amanda Beilfuss Pass Meets the Within Certified requirement(s) Amount CI Ty OF FAYETTEVILLE ARKAKSAS Signatures Name Amanda Beilfuss (Project Owner) Amanda Beilfuss (Evaluator) Andrea Foren (Evaluator) Signatures Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.07.07 11:54:11-05'00' Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.07.07 11:54:28-05'00' Andrea Digitally signed by Andrea Foren Foren Date: 2021.07.13 17:40:06-05'00' DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: SPRING STREET LIGHTING Contract No.: Log - 24 (to be assigned after City Council approval) THIS AGREEMENT is dated as of the 17th day of August in the year 2021 by and between The City of Fayetteville, Arkansas and Arestar Electric. LLC (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: I. Mobilization/Demobilization 2. Clearing & Grubbing of vegetation for placement of lighting 3. Trenching and boring of electrical conduit 4. Construction of pole foundations and grounding 5. Installation of light poles and fixtures. 6. Installation of power service panel 7. Pulling of the electrical wire 8. Complete site restoration including, concrete repair, topsoil, select grading, sod and seed. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the Engineering Elements, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. City of Fayetteville 00500 - 1 Spring Street Lighting DOCUMENT 00500 —AGREEMENT (continued) 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 will be Substantially Completed within 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed 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 Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Two City of Fayetteville 00500 - 2 Spring Street Lighting DOCUMENT 00500 — AGREEMENT (continued) Hundred Dollars ($200.00) 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 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. 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 City of Fayetteville 00500 - 3 Spring Street Lighting DOCUMENT 00500 —AGREEMENT (continued) 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. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. City of Fayetteville 00500 - 4 Spring Street Lighting DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated City of Fayetteville 00500 - 5 Spring Street Lighting DOCUMENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. City of Fayetteville 00500 - 6 Spring Street Lighting DOCUMENT 00500 —AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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. City of Fayetteville 00500 - 7 Spring Street Lighting DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with SPRING STREET LIGHTING 8. 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 partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. City of Fayetteville 00500 - 8 Spring Street Lighting DOCUMENT 00500 —AGREEMENT (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 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. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville 00500 - 9 Spring Street Lighting DOCUMENT 00500 —AGREEMENT (continued) This Agreement will be effective on , 2021, which is the Effective Date of the Agreement. Arestar Electric, LLC CITY OF FAYETTEVILLE NameWritten: Signature: Title: I r r JAQUELINE CERVA14TES No P 1c - Arkansas (=n County Commission r 12713407 My Commission Expires )arl 22 Attest County of State of Arkansas Acknowledged before me his day of 20 Z No pu41 c / My Commision Expires / " a / ,- c-' 3 I Name Written: hionel Jo Clan Signature: ..�._� Title: Mayor (SEAL) Attest City of Fayetteville 00500 - 10 Spring Street Lighting DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices O �, 30OfArK rW 113 W. Mountain Street License No. 03 q7j ,� C73) a Fayetteville AR 72701 (attach evidence of authority to sign and resolution or other documents Age o erv' f process authorizing execution of Agreement) 1"17 (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 Approved As to Form: By: Attorney City of Fayetteville 00500 - t I Spring Street Lighting DOCUMENT 00400 —BID FORM Contract Name: SPRING STREET LIGHTING Bid Number 21-52 BID TO: Owner: The City of Fayetteville, Arkansas BID FROM: Bidder: 1 13 West Mountain Street Fayetteville, Arkansas 72701 Arestar Electric, LLC 2218 Worth Ln. Ste. A/B Springdale, AR 72764 479.295.4194 ARTICLE I - INTENT 1.01 The undersigned Bidder proposes and 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. 00400 Bid Form 00400-1 Spring Street Lighting DOCUMENT 00400 —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 wat.ndin. 1 U-kk- -Z 1 'RA4.. 4. 3 U-U-Zl AAA evNAo,-� H U-a9-,I 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: (l ) 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. 00400 Bid Form 00400-2 Spring Street Lighting DOCUMENT 00400 —BID FORM (continued) E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any 00400 Bid Form 00400-3 Spring Street Lighting DOCUMENT 00400 —BID FORM (continued) 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 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 appl [cable 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. Bidder will complete the Work in accordance with the Contract Documents for the following price(s): 00400 Bid Form 00400-4 Spring Street Lighting DOCUMENT 00400 —BID FORM (continued) *Total amount to complete project including all items listed above. *Light Fixtures, Poles and Electrical Panel Manufacturer (shall be included with the bid) 00400 Bid Form 00400-5 Spring Street Lighting DOCUMENT 00400 —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 a bank cashier's check or a Bid Bond and in the amount of twenty eight thousand five hundred Dollars ($ 28,500 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: Arestar Electric, LLC Attn: Jay Noe Email: jnoe@arestarelectric.com Phone No. 479.295.4194 FAX No. 00400 Bid Form 00400-6 Spring Street Lighting DOCUMENT 00400 —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. SUBMITTED on June 23 , 2021 . Arkansas State Contractor License No. M-9864 (Or date of application submitted for licensure) Tax ID No. 83-4467357 DUNS No. 075471295 CAGE No. If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: Tax ID No. 00400 Bid Form 00400-7 Spring Street Lighting DOCUMENT 00400 —BID FORM (continued) A Partnership Partnership Name: (SEAL) 101 (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: Tax ID No. A Corporation or LLC FAX No.: Corporation or LLC Name: Arestar Electric, LLC State of Incorporation: Missouri Type (General Business, Professional, Service, Limited Liability): Limited Liability_ ,;;, i Sign ure — attach evidence of authority to sign) Name (type or printed): Gilbert Flores Title: President SEAL) (CORPORATE SEAL) Attest: caz-z�z' (Signature of Corporate Secretary) Business address: 3425 N. 21st St Ste. 2 Ozark, MO 65721 Phone No.: 417.551.9226 FAX No.: Tax ID No. 83-4467357 END OF DOCUMENT 00400 00400 Bid Form 00400-8 Spring Street Lighting Request for Taxpayer Give Form to the Farm (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwJrs.gov/FormW9 for instructions and the latest information. 1 Name as shown on our income tax return). Name is required on this line; do not leave this line blank. A� restar Electric, LLC 2 Business name/disregarded entity name, if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to A following seven boxes. certain entities, not individuals; see a o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): c single -member LLC Exempt payee code (d any) y ® Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S `p I Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting +' LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) Ic o another LLC that is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► fnanfles to accounts Mbtmned outside rha u.sJ CL q S Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) 3425 N. 21 st St. 6 City, state, and ZIP code Ozark, MO 65721 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other backup withholding. For individuals, this is generally your social security number (SSN). However, fora � _ m — entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. � _ �- 83 4467 57 Under penalties of perjury, i certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured props , cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, y2ear equired*sqn the certification, but you must provide your correct TIN. See the instructions for Part 11, later. '01yrr Here Signature of U.S. person ► Date ► General lnstrtktnS • Form 1099-DIV (dividends, including those from stocks or mutual funds) ,venue Code unless otherwise Section references are to the Internal a Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments a Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to wwwJrs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) Identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number .Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) NOTICE TO CUSTOMERS THE PURCHASE OF AN INDEMNITY BONAWILL BE REQUIRED BEFORE ANY OFFICIAL CHECK OFAf��FST THIS BANK WILL BE REPLACED OR REFUNDED IN THEHE EVENEVENT IT IS LOST, MISPLACED. OR STOLEN. THE BANK IS NOT OBLIGATED TO TAKE ANY ACTION ON THE ABOVE UNTIL THE 90TH DAY AFTER DATE OF ISSUANCE. Branch #: 253 BANK Remitter: ARCSTAR ELECTRIC LLC Pay Twenty Eight Thousand Five Hundred Dollars and 00/100 To CITY OF FAYETTEVILLE AR The Order Of Memo: 21-52 SPRING ST. LIGHTING BOND 11' 2 5 3000 7 3 3 211' 1:08 2 9008 7 21: No:2530007332 DATE: 07/02/2021 81-87/829 a 0 *********$28,500.00 �ATIER'S C ECK L00 L04 5911' CITY OF FAYETTEVILLE ARKANSAS Company/Vendor: Arc?jar-, I Date/Time: E)Q-;%AM Received by: ARCEL-1 OP ID: IRS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/02/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 417-895-4600 Digital Insurance LLC formerly Huntleigh McGehee CONTACT NAME: PHOE (A/CNNo, Ext): 417-895-4600 FAX No):417-895-4602 E-MAIL ADDRESS: 8235 Forsyth Boulevard, #1200 Clayton, MO 63105 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co.of Amer 25666 INSURED Arestar Electric, LLC 3825 N 21st St INSURER B : AmGuard 000811 Chubb Ind Ins Company INSURER C : p y 12777 Ozark, MO 65807 Capitol Indemnity Co. INSURER D : p y INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUBR POLICY NUMBER POLICY YFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y6806N513248 05/06/2021 05/06/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000X $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYEl PECOT- �X LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY Y Y ARAU299235 05/06/2021 05/06/2022 COaMacBINED SINGLE LIMIT cident E $ 1,000,000 X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ $ D UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y XS21028807 05/27/2021 05/06/2022 EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 DED X RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y 71796543 05/09/2021 05/09/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 A Contractors Equip. 6806N513248 05/06/2021 05/06/2022 Rent Equi Deduct. 50,000 250 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability includes contractual liability, additional insured, waiver of subrogation, and primary/non-contributory when required by written contractor certificate holder. 30 day notice of cancellation/10 days non - pay to certificate holder. No General Liability deductible. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City Fayetteville THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN of ACCORDANCE WITH THE POLICY PROVISIONS. Arkansas 113 West Mountain Street Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Responses Success: All data is valid! Bid 21-52, SP-1260500 Street Lights Model AMERLUX: EDR-8555-AP1305-8'-7"-GFCI- TOP/D731 AO-AC-T3-AV 12SY-30-100M/RAL#7022 OR VISIONAIRE: N2L-L-LTIA-T3-32LC-350-3K- Success: All values provided #1-1 UNV-PT-(RAL#7022)-FIN1-FBC —ONTO RNTFA-8'1 4R-.188--AKB-343-T3R- CC RAL#7022-(GFI- 90DEG-8FT11N)(STD HHC-RECESSED FOR DCB- 4) ONTO DCB-4-4-CCRAL#7022 Bid 21-52, Project Details I SP-1 260500 OR 64 EA $ 3,250.00 $ 208,000.00 265600 Success: All values provided #2-1 Mobilization (Shall Not Exceed 5% of Total Bid) SP-8 1 LS $ 25,000.00 $ 25,000.00 $ 32,000.00 $ 32,000.00 Success: All values provided #2-2 Insurance & Bonding See Terms 1 LS $ 875.00 $ 51,625.00 Success: All values provided #2-3 Pole Foundation (Per details and specifications) SP-9 1 59 E4 Success: All values provided #2-4 Fine Grading Topsoil & Seed SP-6 600 SY $ 17.00 $ 10,200.00 $ 44.00 $ 88,000.00 Success: All values provided #2-5 Directional Boring (1 1/2" PVC OR HDPE) 260533 2000 LF $ 12.00 $ 60,000.00 Success: All values provided #2-6 1-1/2" Conduit (Schedule-40 PVC)(Installed)(Includes Trenching) 260533 5000 LF $ 11.00 $ 7,700.00 Success: All values provided #2-7 1-1/2" Conduit (Schedule-40 PVC)(Installed with 260533 700 1 LF pull cord for future fiber)(Includes Trenching) Success: All values provided #2-8 9"x11"x6" Polymer Concrete Pull Box (Type II HD) SP-5 69 EA $ 575.00 $ 39,675.00 No. 12 AWG Copper Conductor (Pull Box to Success: All values provided #2-9 Luminaire)(LF price includes 2 #12 and 1#12 260526, 260513 1280 LF $ 0.60 $ 768.00 Ground) $ 0.75 $ 3,375.00 Success: All values provided #2-10 No. 10 AWG Copper Conductor (Ground) 260526 260513 4500 LF Success: All values provided #2-11 No. 6 AWG Copper Conductor 260526 260213 13500 LF $ 1.60 $ 21,600.00 Success: All values provided #2-12 Electrical Service Equipment Pedestals SP-2 260923 1 EA $ 8,000.00 $ 8,000.00 SP-3 50 SY $ 95.00 $ 4,750.00 Success: All values provided #2-13 4" Concrete Sidewalk (Use only as directed) SP-4 50 SY $ 115.00 $ 5,750.00 Success: All values provided #2-14 6" Concrete Driveway Aprons (Use only as directed) SP-7 1 LS $ 32,000.00 $ 32,000.00 Success: All values provided #2-15 Erosion Control Measures 7/7/2021 Proposal Data LlBack to Project Bid 21-52, Construction - Spring Street Lighting - Proposal Data Show/Hide -4 Search Supplier AR Secretary of State Arkansas Contractor's Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and cc Filing # License # currently boycott Israel and will not boycott Israel during any time in which 1 or while in contract, with any public entity as defined in §25-1-503. If at any t contractor decides to boycott Israel, the contractor must notify the contracts writing. ArcStar Electric, LLC i7357 M-9864 Yes Scorecard Open... 6 https://fayetteville-ar. bonfirehu b. com/projects/44553/proposal Data 1/1 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2021 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends award of Bid 21-52 and authorization of a contract with Arestar Electric, LLC in the amount of $598,443 and approval of a $60,000 contingency for installation of decorative lighting along both sides of Spring Street from West Avenue to College Avenue and approval of a budget adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 8/3/2021 2021-0505 Matthew Maddo-w 71912021 10:18 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: I CHKD/POSTED: 8/3/2021 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210601 Account Name 4602.860.7214-5814.00 598,443 - 46020 7214.1040 EX Improvements - Sidewalks 4602.860.7214-5911.99 4602.860.7999-5899.00 60,000 - (658,443) - 46020 7214.1040 EX 46020 7999 EX Contingency - Capital Project Unallocated - Budget H:\Budget Adjustments\2021_Budget\City Council\08-03-2021\2021-0505 BASpring St Lighting Contract 1 of 1 Change Order Nl with Arestar Electric, LLC City of Fayetteville Staff Review Form 2022-1057 Legistar File ID N/A city council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 11/15/2022 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Staff requests approval of Change Order #1 with Arestar Electric, LLC to increase the original contract amount by $35,744.44 for addition of receptacles and to reconcile all of the pay items resulting in a revised contract amount of $634,187.44. The contract with Arestar Electric, LLC was approved by resolution 207-21 with $60,000 in contingency so this request is within the City Council approved project contingency. 4602.860.7214-5814.00 Account 46020.7214.1040 Project Number Budget Impact: Streets Project(2019 Bonds) Fund Downtown Walkability Improvements Spring Street Lighting Project Title Budgeted Item? Yes Current Budget $ 1,170,104.00 Funds Obligated $ 856,095.16 Current Balance $ 314,008.84 Does item have a cost? Yes Item Cost $ 35,744.44 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 278,2fi4.40 Purchase Order Number: 2021-00000504 Previous Ordinance or Resolution al 207-21 Change Order Number: Original Contract Number: 2019-00000049 Comments: Approval Date: 11/18/2022 CITY OF '%PFFAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Director of Public Works/City Engineer FROM: Matt Mihalevich, Active Transportation Manager DATE: 11/15/2022 STAFF MEMO SUBJECT: 2022-1057 — Change Order #1 with Arestar Electric, LLC to close out the Spring Street Lighting Project RECOMMENDATION: Staff requests approval of Change Order #1 with Amstar Electric, LLC to increase the original contract amount of $598,443 by $35,744.44 for addition of receptacles and to reconcile all of the pay items resulting in a revised contract amount of $634,187.44. The contract with Arestar Electric, LLC was approved by resolution 207-21 with $60,000 in contingency so this request is within the City Council approved project contingency. BACKGROUND: On August 17 °, 2021 resolution 207-21 approved a contract with Amstar Electric LLC to install lighting along both sides of Spring Street from West Ave. to College Ave. using 2019 trail bond funds for street improvements. The lights are now operational and we are ready to close out the project. DISCUSSION: During the lighting installation, it was requested to include receptacles for holiday lighting on the light poles. This addition along with several other quantity overruns resulted in this change order to increase the contract amount. BUDGET/STAFF IMPACT: Tthe $60,000 contingency funds allocated from the 2019 trail bond will cover the change order cost of $35,744.44 Attachments: Arestar Electric LLC — Change Order #1 - Signed by Jay Noe Purchase Order 2021-00000504 with change order mark-up Mailing Address: 113 W. Mountain Street www.fayettevllle-acgov Fayetteville, AR 72701 / | !!!!!! !!!!!! /!![k{k)\ ZO ) / 2» \ ) ` ] ! \ Al 1n City of Fayetteville = 125 W Mountain 0 Fayetteville, AR 72701 O VENDOR 93615 Amster Electric, LLC Q Arestar Electrc, LLC O 3425 N 21 st St YOZARK, MO 65721 A 1 W City of Fayetteville 113 W Mountain St y FAYETTEVILLE, AR72701 O PURCHASE ORDER NO. 2021-00000540 DATE 09/03/2021 DELIVER BY SHIP VIA .� `::: 5:5,,,«e FREIGHT TERMS 1 ORIGINATOR Matthew Mihalevich RESOLUTION # 207-21 PAYMENTTERMS 30 met Lighting 4602.860.7214-5814.00(ImpmvemeMs Sidewalks) $59$443.00 46020 7214.1040 (Streets Pmjed (2019 Bonds), Downtown Welkability Improw:menM, Spring Street Lighting) Ghange Order #1 - Please add line item B for contract 2019-00000049 for the increase amount by $35,744.44 using GL account number 4602.860.7214-5814.00 and project number 46020.7214.1040 SUBTOTAL SALES TAX PAGE 1 OF 1 TOTAL DUE APPROVED BY SPECIAL INSTRUCTIONS Per Res #207-21, Bid #21-52 Contract #2021-00000049