HomeMy WebLinkAbout2022-04-26 - Agendas - FinalCITY OF
FAYETTEVILLE
ARKANSAS
MEETING AGENDA
City Council Transportation Committee
Tuesday, April 26, 2022
5:30 pm or Immediately Following Agenda Session
NOTICE: THE TRANSPORTATION COMMITTEE WILL BE HELD VIRTUALLY WITH NO
PHYSICAL LOCATION TO ATTEND
VIDEO CONFERENCING BY ZOOM WILL BE USED FOR THIS MEETING. TO REGISTER
FOR THE MEETING GO TO THIS Registration Link
Members: Sarah Bunch, Chairperson; Sonia Harvey; Holly Hertzberg; Mark Kinion
City Staff: Chris Brown, Public Works Director/City Engineer; Terry Gulley, Asst. PW Director
for Operations/Transportation Services Director
Agenda:
1. New Business:
A. ADM-2022-0019 AMENDMENT TO MASTER STREET PLAN FOR SMOKEHOUSE
TRAIL, SOUTH OF MARTIN LUTHER KING JR BLVD: Review of a proposed Master
Street Plan Amendment to create a new typical street section to be applied to a segment
of Smokehouse Trail between Martin Luther King Jr. Blvd and Hoot Owl Lane. This
proposal has been forwarded by the Planning Commission to the Committee (Staff
requests a recommendation from the Committee to the City Council)
B. ARCHIBALD YELL BLVD SAFETY IMPROVEMENTS CONSTRUCTION: Review of
the bid for construction of safety improvements on Archibald Yell between College
Avenue and Martin Luther King Jr. Blvd. (Staff requests a recommendation from the
Committee to the City Council)
C. ARCHIBALD YELL BLVD SAFETY IMPROVEMENTS ENGINEERING CONTRACT
AMENDMENT: Review of a contract amendment with Garver for construction
inspection and administration services for the Archibald Yell Safety Improvements
project. (Staff requests a recommendation from the Committee to the City Council)
D. TRAFFIC CALMING -ASH STREET: Review of results of traffic calming study on Ash
Street (Staff requests a recommendation from the Committee to the Administration
on this item)
E. TRANSPORTATION ALTERNATIVES PROGRAM (TAP) GRANT: Review of a
proposed grant application for bicycle and pedestrian improvements at the 1-49 and
Martin Luther King Jr. intersection. (Staff requests a recommendation from the
Committee to the City Council)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
F. HARMON AND CENTER INTERSECTION IMPROVEMENTS: Review of the
construction bid for improvements at Harmon Avenue and Center Street. (Staff
requests a recommendation from the Committee to the City Council)
G. ZION ROAD IMPROVEMENTS ENGINEERING SERVICES CONTRACT
AMENDMENT: Review of contract amendment 5 for development of record drawings
for Zion road. (Staff requests a recommendation from the Committee to the City
Council)
2. Adjourn
CITY OF
FAYETTEVILLE
ARKANSAS
TRANSPORTATION COMMITTEE
MEETING OF APRIL 26, 2022
TO: Transportation Committee Members
THRU: Chris Brown, Public Works Director
Jonathan Curth, Development Services Director
CITY COUNCIL MEMO
FROM: Fayetteville Planning Commission
Britin Bostick, Long Range Planning/Special Projects Manager
DATE: April 18, 2022
SUBJECT: ADM-2022-0019: Administrative Item (Amendment to City Plan 2040 — Master
Street Plan): The proposed Master Street Plan amendment would provide a new
street section for Residential Link — Trailhead Parking. The proposed street section
includes on -street parking and has a specific application for S. Smoke House Trl.
between W. Martin Luther King Jr. Blvd. and S. Hoot Owl Ln. to serve the
Fayetteville Traverse trailhead on the east side of the street.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Master
Street Plan as described within this report.
BACKGROUND:
The proposed addition to the Master Street Plan is a new street section for Trailhead Parking on
a Residential Link. This street section proposal was brought forward by former Planning
Commissioner Rob Sharp and presented to the Planning Commission's Long Range Committee
for consideration. The Committee voted to forward the item to the Planning Commission for
consideration in a public hearing, and the Planning Commission voted to recommend approval of
the new street section.
Location
The new street section for Residential Link — Trailhead Parking could be applied in a few locations
citywide but has specific application for S. Smokehouse Trl. between W. Martin Luther Kind Jr.
Blvd and S. Hoot Owl Ln. This proposed location is directly south of the intersection of W. Martin
Luther King Jr. Blvd and S. Rupple Rd. W. Martin Luther King Jr. Blvd. is also U. S. Route 62.
Originally known as the "Ozark Trail", this national highway connects El Paso, Texas to Niagara
Falls, New York.
Existing Street Description
A trail entrance to the Fayetteville Traverse Trail is presently located at the intersection of S.
Smokehouse Trl. and S. Hoot Owl Ln. The trailhead does not have dedicated parking, however,
and trailhead parking has been to this point accommodated on a privately owned property on the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
west side of S. Smokehouse Trl. The proposal is to provide parking for the trailhead within the
City's right-of-way along a section of S. Smokehouse Trl. Both S. Smokehouse Trl. and S. Hoot
Owl Ln. are narrow streets serving low -density residential properties, and lack curbs, sidewalks,
and other right-of-way improvements for pedestrian and bicycle paths.
Existing Trail Description
The City's trail system includes the Fayetteville Traverse Trail, which links W. Martin Luther King
Jr. Blvd. at S. Rupple Road through the Kessler Mountain Regional Park to Cato Springs Road
and the Cato Springs Trail. This trail through the southwest portion of the City serves as a linkage
not only for residential areas in the western part of the City, but also for park and trail users in and
around Kessler Mountain Regional Park. As the Fayetteville Traverse Trail is suitable for mountain
biking, it is expected that trail users who do not have trail access by walking or biking may need
parking access to unload bikes and/or other recreational gear for trail and park use. While parking
for the trailhead is presently accommodated on a private lot, the private lot is not a viable long-
term solution.
Additionally, there is an approximately 400-foot long section of future trail identified along
Smokehouse Trl. between W. Martin Luther King Blvd. and S. Hoot Owl Ln. When the trail
installation for this future section is complete, it will be the last link in a path along Rupple Road
from just north of Wedington Dr. through the Fayetteville Traverse to Cato Springs Trail and from
there to the Town Branch Trail and Razorback Greenway. This would complete a bike and
pedestrian trail system for the southwest part of the City. Parking at a trail access point or
transition point would improve accessibility for those who are not able to access the trail or trail
section via bike or pedestrian routes, and easily accessed from the state highway system.
Requested New Street Section
The proposed new street section for S. Smokehouse Trl. has a 94' total right-of-way width with
an 8-foot sidewalk, six-foot green/furniture zone, a 19' parking lane for the 90-degree or head -in
parking, a 12-foot drive lane adjacent to the parking lane, an 11-foot drive lane, and two 1.5-foot
curbs. A 36-foot wide natural buffer area with tree cover and vegetation to remain completes the
section. The 11-foot and 12-foot drive lane widths proposed for the new street section are an
increase in width from the 9-foot and 10-foot driveway widths in the current Residential Link street
section. The increased lane width is to accommodate the 90-degree on -street parking spaces.
DISCUSSION:
The proposed Master Street Plan amendment would add a new street section including 90-degree
parking within the City's right-of-way. This would serve to provide the on -street parking for S.
Smokhouse Trl. In addition to the proposed right-of-way parking to serve the Fayetteville Traverse
trailhead, the section would include an improved trail section on the west side of the street to link
to the trail section along Rupple Rd. to Fayetteville Traverse, and a natural buffer area along the
east side of Smokehouse Trl. Master Street Plan sections typically include improved pedestrian
sidewalks or trails and street trees on both sides of the right-of-way, and may have parallel parking
on one side of the right-of-way depending on the anticipated level of traffic and whether there is
sufficient drive lane width to support on -street parking. This is shown in the current Residential
Link street section. S. Smokehouse Trl. and S. Hoot Owl Ln. are Residential Links, W. Martin
Luther King Jr. Blvd. is a Regional Link — High Activity, and S. Rupple Rd. is a Regional Link.
Although nearby roads have high volumes of traffic that are not suitable for on -street parking, S.
Smokehouse Trl. and S. Hoot Owl Ln. are not through streets and have local traffic only. This
lower traffic volume and lack of through traffic is one of the considerations in support of the
proposed 90-degree parking in the right-of-way, where such a parking configuration may not be
an appropriate solution in other contexts.
At their March 28, 2022 meeting, the Planning Commission evaluated the new street section
described above before forwarding to the Transportation Committee, recommending approval.
Commissioner Belden made the motion to forward with Commissioner Canada providing the
second. A vote of 8-0-0 followed. Discussion was held on all aspects of the street section, with
particular focus on the suitability of the 90-degree parking spaces and whether the addition of this
street section could have application in other locations. The Commissioners further discussed
whether the details of the new street section should be more generally applicable, as this street
section for trailhead parking provided parking only on one side of the street and proposed to
reserve natural area on the other — a context -specific solution for S. Smokehouse Trl. Ultimately
the Commission determined that the application to trailhead parking conditions is appropriate and
that this is a needed addition to Master Street Plan sections. No public comment was made at
either Planning Commission meeting or the preceding Long -Range Committee meetings,
however comment was provided prior to the public hearing regarding the S. Smoke House Trail
and the trailhead. The comments received have advocated for signage to improve trailhead
visibility, trailhead parking, and the construction of a trail section to connect and improve the
existing access to Kessler Mountain.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Location Map
• Master Street Plan Map at intersection of W. Martin Luther King Jr. Blvd. and S.
Smokehouse Trl.
• Master Street Plan section — Residential Link
• Kessler Gateway Conceptual Site Plan
• Proposed Master Street Plan Section - Residential Link — Trailhead Parking
• Public Comments
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Existing Street
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Planned Street
Regional Link - High Activity
Neighborhood Link
Regional Link
Regional Link
Neighborhood Link
= Residential Link
Institutional Master Plan
1:36,112
0 0.3 0.6 1.2 mi
0 0.5 1 2 km
The data contained hereinwas compiled from various sources for the sole use and benefit of
the City of Fayetteville Geographic Information System and the public agencies it serves.
Any use of the dab by anyone other than he City of Fayetteville Is at the sole risk of the
user; and by acceptance of this data, the user does hereby agree to indemnify he City of
Fay etleville and hold the City of Fayetteville harmless from and without Habit for any
claims, actions, cost for damages of any nature, including the city's cost of defense, asserted
by user or by another arising from the use of this dab. The City of Fayetteville makes no
express or Implied warrantees with reference to the data. No word, phrase, or clause found
herein shall be construed to waive that tort immunity set forth under Arkansas law.
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Institutional Master Plan
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City of Fayetteville, AR
1:4,514
0 0.0375 0.075 0.15 mi
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0 0.05 0.1 0.2 km
Tha data conbined herein was compiled from various sources for the sole use and benefit of
he City of Fayetteville Geographic Information System and the public agencies it serves.
Any use of the dab by anyone other than he City of Fayelleville Is at the sole risk of the
user; and by acceptance of this data, the user does hereby agree to indemnify are City of
Fayetteville and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city's cost of defense, asserted
by user or by another arising from the use of this data . The City of Fayetteville makes no
express or Implied warrantees with reference to the data. No word, phrase, or clause found
herein shall be construed to waive that tort immunity set forth under Arkansas law.
RESIDENTIAL LINK
PARKI
RUPPLE ROAD
MULTI -USE TRAIL
BUILD TO ZONE, {[
URBAN
THOROUGHFARE !
EXTENTION OF
RUFFLE ROAD
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STREET TREES IN 6'
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STREET PLAN
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CONCEPUTUAL SITE PLAN, MT KESSLER PARK GATEWAY
9 JANUARY 2022 1" = 60' when printed at I Ix 17
RESIDENTIAL LINK - TRAILHEAD PARKING
4
+
+
+ + + +
+
+
+
+ + + +
+
+
36'
+
+
+
+
NATURAL
++
+
+
BUFFER AREA
+
+
+
+
DENSE TREE
+
+
+
+
COVER AND
+
+
VEGETATION
+
+++
TO REMAIN
++
RECEIVED
MAR 18 202Z
C TY OF FAYEITEVILLE
CTY CLERK'S OFFICE
March 18, 2022
Mrs. Kara Paxton, City Clerk
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mrs. Paxton:
c% Frank Sharp
2062 S. Smokehouse Trail
Fayetteville, AR 72701
fsharp@pgtc.com
(479) 957-4069
Enclosed is a letter from Terri Lane, CEO of the NortbwestArkansa; Land Trust and
Mt. Kessler Greenways concerning design on the corner of Martin Isitber King, Jr. Boulevard
and Smokehouse Trail to add signage to improve the visibility of the trailhead for the
Fayetteville Traverse Trail, provide public parking for trail users and to close the four -
hundred foot gap in the trail system.
I would appreciate your sending copies of this letter to the Mayor, the City Council
members, members of the Planning Commission, Mr. Johnathan Curst, of Development
Services and Ms. Allison Jumper of the Department of Parks and Recreation.
I appreciate your help and please feel free to contact me at the address above.
Sincerely,
Frank Sharp
cc: Mr. Erin Rushing, CEO, NWA Trailbla.Zers
• 'ter NORTHWEST ARKANSAS
March 17th, 2022 Wur-
LAND TRUST
s up S"( comriYl
To the members of the Fayetteville City Council and the Planning Commission,
We have a unique opportunity to enhance our city, its park system, and its alternative transportation system
The NW,1 TrailBlazers have recently purchased a 12 acre tract (parcel 765-16296), which county records indicate a sales price
of $530,000. They are also under contract for a portion of a 14.85 acre tract (parcel 765-16301). On these two tracts they have
constructed a fantastic portion of the Fagetteville Tranf verse Trail that begins at the intersection of Smokehouse Trail and Hoot Owl
Lane and makes its way through the woods and then with a series of rustic bridges, scales the bluffs of Kessler Mountain. It
then joins the roughly 20 miles of hiking and biking trails on the Kessler Mountain Resem.
Kessler Mountain Regional Park and Reserve is truly the crown jewel of the Fayetteville parks system and together with private
lands encompasses hundreds of acres on the mountain, representing a multimillion dollar investment of both public and
private funds.
A Front Door to the Traverse Trail:
A welcoming entrance with official parking from MLK to access the Kessler Mountain Reserve trail system via the
new Traverse Trail is currently non-existent, but easily achievable with good planning. A 400' long strip of enhanced
landscaping, multi -use trail, and public parking could provide tremendous benefit in terms of access and natural
beauty.
Signage announcing "Welcome to Kessler Mountain" could be placed at MLK to make the Traverse Trail connection
visible to the 30,000 vehicles that pass by each day.
Our multi -use trail system has a 400' long gap as currently designed. If that gap could be closed, it would be possible
to run, hike, or bike from Kessler Mountain Regional Park all the way to the Clabber Creek trail on the north side of
Fayetteville.
We feel that the intersection of MLK and Smokehouse Trail, with the cooperation of adjoining property owners, could be a
welcoming "front door" to the Kessler Mountain Traverse Trail. Mount Kessler Greenwaythe Northwest Arkansas Land Trust and
other interested parties are urging that the intersection of MLK and Rupple Road be studied to determine the feasibility of an
attractive "Welcome to Fayetteville" as well as a "Welcome to Kessler Mountain" at this important western entrance to Fayetteville. In
addition to providing an attractive entrance and solving for trailhead parking deficiencies, work here helps to make the
southwest comer of the Mayor's Box visible. We feel that other comers of the Mayor's Box could also benefit from similar
cohesive design efforts.
We look forward to hearing your thoughts in this matter and urge you not to miss this unique opportunity to continue to
improve the city that we all love.
Respectfully,
Frank Sharp
Mt. Kessler Greenways
Terri Lane, Executive Director
Northwest Arkansas Land Trust
AS WE GROW_ O/
LET'S KEEP SOME COUNTRY)
c/o Frank Sharp
2062 S. Smokehouse Trail
Fayetteville, AR 72701
fsharp@pgtc.com
(479) 957-4069
March 30, 2022
Mrs. Kara Paxton, City Clerk
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mrs. Paxton:
Enclosed is a letter from Mo Elliot, CEO and Founder of Fayettechill, concerning
design on the corner of Martin Lutber King Jr. Boulevard and Smokehouse Trail to add
signage to improve the visibility of the trailhead for the Fayetteville Traverse Trail,
provide public parking for trail users and to close the four -hundred foot gap in the trail
system.
I would appreciate your sending copies of this letter to the Mayor, the City Council
members, members of the Planning Commission, Mr. Johnathan Curst, of Development
Services and Ms. Allison Jumper of the Department of Parks and Recreation.
I appreciate your help and please feel free to contact me at the address above.
Sincerely,
rank Sharp
cc: Mr. Erin Rushing, CEO, N[IA. Trailbla.Zers
Oj;� F4YETTEGHILL
March 28th, 2022
Mo Elliott, Fayettechill Founder and CEO
1725 S. Smokehouse Trail
Fayetteville, AR 72701
Dear Members of the Fayetteville City Council:
Little did I know when I moved from Texas to Fayetteville to attend the University of
Arkansas in 2007 that 1 would stay in the Ozarks and found a company that has
retailers in 13 states, a retail store, & an ecommerce store selling our products all over
the world. The company started in my garage and we've moved all over town for our
retail, offices, & warehouses over the years.
As we continued to grow, we found the ideal spot for our headquarters; the historic
Ozark Mountain Smokehouse. We moved into the Smokehouse in 2013 and its 18,000
square feet gives us the room we need to grow; and since it is based at the foot of
Kessler Mountain, this also gives our team an easy access to explore, hike and bike the
surrounding trails.
We heartily endorse the effort to have the City consult with us, property owners, trail
users and neighbors, and together create a plan that will preserve the character of this
important intersection of Smokehouse Trail, Rupple Road and MLK, Jr. Blvd..
Please take this opportunity for all of us to make this unique corner a true " I lelcome to
Kessler Mountain ".
Sincerely,
Mo Elliott, Founder and CEO
AS WE GROW... 9W
FY'S KEEP SOME COUNTRY?
c/o Frank Sharp
2062 S. Smokehouse Trail
Fayetteville, AR 72701
fsharp@pgtc.com
(479) 957-4069
March 3032022
Mrs. Kara Paxton, City Clerk
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mrs. Paxton:
Enclosed is a letter from Rachel and Matt Gerner concerning design on the corner of
Martin Lutber King Jr. Boulevard and Smokebouse Trail to add signage to improve the
visibility of the trailhead for the Fayetteville Traverse Trail, provide public parking for
trail users and to close the four -hundred foot gap in the trail system.
I would appreciate your sending copies of this letter to the Mayor, the City Council
members, members of the Planning Commission, Mr. Johnathan Curst, of Development
Services and Ms. Allison Jumper of the Department of Parks and Recreation.
I appreciate your help and please feel free to contact me at the address above.
Sincerely,
Frank Sharp
cc: Mr. Erin Rushing, CEO, NIIA Trailbla.Zers
RACHEL & MATT GERNER
1939 S Hoot Owl Lane • 479-301-9193
rachel.lynn.gerner@gmail.com 1 mgerner2007@gmail.com
Fayetteville City Council
113 West Mountain Street
Fayetteville, AR 72701
DEAR MAYOR JORDAN AND MEMBERS OF THE CITY COUNCIL:
We would like to join the other neighbors on Mount Kessler to ask that you consider creating a more visible
entrance to the Kessler Mountain trail system —currently at the intersection of Smokehouse Trail and Hoot Owl
Lane —by moving the trailhead entrance to the intersection of Hoot Owl Lane, Rupple Road, and Martin Luther
King Jr. Blvd.
Although the Fayetteville Traverse Trail currently has a marked entrance, we have noticed that many first-time
visitors do not notice it. Even in early spring —the start of the hiking and biking season —we see three to five
cars per day drive up Hoot Owl Lane and either ask us for directions or turn around in our yard. This number of
lost trail seekers increases during the peak hiking seasons of spring, summer, and fall. Since Hoot Owl Lane
dead ends at our driveway with no distinction between our private property and the road, some visitors have
driven all the way up our driveway to the patio behind our house, looking for the trailhead.
I also want to express my concern as a parent. Our children and our neighbors' young children play in our yard.
Just today, to my dismay, I saw a car narrowly miss my two-year old son who was playing on the grass in front
of our home.
We want people to enjoy the trails and beauty of Mount Kessler. In addition to moving the trailhead, please
also consider adding a prominent sign to help welcome people and public parking at the intersection of MLK Jr.
Blvd. and Hoot Owl Lane. More people could enjoy the trail if the city provided public parking near the
trailhead, so visitors do not need to use our private driveways and the Smokehouse parking lot.
We appreciate that the Mount Kessler trail system adds a unique opportunity for locals and visitors alike to
enjoy the natural beauty and thoughtful design of our city. Thank you for considering our ideas on how to
improve everyone's experience.
Sincerely,
'Rockef3, VaffCJerner
Rachel & Matt Gerner
1939 S. Hoot Owl Lane
Fayetteville, AR 72701
PETITION TO THE CITY COUNCIL
OF THE
CITY OF FAYETTEVIIJ , AR
FROM THE
RESIDENTS OF SMOKEHOUSE TRAIL
Apri17, 2022
We, the residents of SmokehouseTrail, urge the Cif of Fayeffeville to perform a study of the
intersection of 111artin Lutl)er Ding, Jr. B o ffle ra rd, R*p le Ro ad and Smokehouse Trail and work with the
City, i),ro-Dertv owners, neighbors, �ra�l users and other -interestedbarties to develoD a nlan vrior to
the development of this aria.
Some reasons for the study are:
1.T�is is the 'Front Door" to the Kessler MowitI� hisfrail. system as well at the western "Front Door"
to the Ci!y of Fayetteville.
2. This intersection, with daily traffic counts of 20-30,000, would be a much better location for the
Traverse Trail szgn, than its present locafion behind the Smokehouse. This sign woudd also
advertise -the KesslerMountain grail system to the traveling pudic.
3. These is a 400 foot gap in the Traverse Trail between the existing trailhead and MLK which
weeds to be .filled.
4. There needs to be public parking for trail users
5. Thisis one of th(-,% most important corners of the "Mayor's Box."
We have a unique opportunity to enhance our city, its park system and its alternate tra.nsportation
system.
The Residents of Smokehouse `"rail
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Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-0376
Legistar File ID
5/17/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/21/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract in the amount of $2,995,576.53 with Benchmark Construction of NWA, Inc. for the
construction of the Archibald Yell Blvd. Improvements Project, approval of a project contingency of $300,000.00
(10%) and approval of a budget adjustment.
Budget Impact:
4602.860.7221-5809.00
5400.860.5700-5815.00
Streets Projects 2019 Bonds
Water and Sewer
Account Number Fund
46020.7221.1010 Hwy 71B Corridor - Archibald Yell Safety Impr
11011.2019.7221 Water/Sewer Relocates - 2019 Bonds - Archibald Yell
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
$
1,522,651.00
$
1,301,336.47
221,314.53
$
3,295,576.53
$
3,295,578.00
$ 221,316.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Approval Date:
Comments: Item cost includes construction contract in the amount of $2,995,576.53 plus contingency of $300,000.
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 17, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: April 21, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $2,995,576.53 with Benchmark
Construction of NWA, Inc. for the construction of the Archibald Yell Blvd.
Improvements Project, approval of a project contingency of $300,000.00
(10%) and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $2,995,576.53 with Benchmark
Construction of NWA, Inc. for the construction of the Archibald Yell Blvd. Improvements Project,
approval of a project contingency of $300,000.00 (10%) and approval of a budget adjustment.
BACKGROUND:
Archibald Yell Boulevard severs the historical downtown grid of streets south and east of the
downtown square, and the 4-lane high speed route is a barrier to pedestrians who want to move
from neighborhoods to the south and east to destinations around on and around the square and
entertainment district. This goal of this project is to reduce or eliminate these pedestrian
barriers and create a street that is safer for vulnerable users while still providing adequate
vehicular levels of service. Improvements will consist primarily of safety improvements to the
intersection with College Avenue/Rock Street with pedestrian & lighting improvements,
installation of a traffic signal at South Street, and pavement marking adjustments throughout the
corridor. This project was identified as a priority in the Fayetteville Mobility Plan. The City
Council approved a design contract with Garver, LLC in June of 2020 for this design.
DISCUSSION:
On April 5, 2022, the City received one (1) construction bid for this project. Benchmark
Construction of NWA, Inc. submitted the low bid of $2,995,576.53 for the total bid. Engineering
staff recommends awarding this contract to Benchmark Construction of NWA, Inc. The contract
time is 240 days (8 months) for substantial completion.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The roadway and drainage improvements are funded by the 2019 Transportation Bond
Program. The water and sewer relocations in this project are funded by the Water and Sewer
Fund. The original allocation for this project was $700,000. The design and construction
management contract is $238,920.00. With this construction contract, it brings the current
project total to $2,917,631.32 for the Transportation Bond Program.
ACCOUNT
PROJECT
AMOUNT
4602.860.7221-5809.00
46020.7221.1010
$ 2,678,711.32
5400.860.5700-5815.00
11011.2019.7221
$ 316,865.21
Attachments:
Section 0500 Agreement
Bid Submittal
Budget Adjustment
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: ARCHIBALD YELL BLVD. IMPROVEMENTS
Contract No.: 22-29, Construction
THIS AGREEMENT is dated as of the day of
in the year 2022 by and
between The City of Fayetteville, Arkansas and (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 construction of the Archibald Yell Boulevard Improvements project. Improvements consist of,
but are not limited to, Archibald Yell Boulevard striping and signage improvements from W.
Martin Luther King Jr. Blvd. to E. Rock St., intersection and signal improvements to the Archibald
Yell Blvd. and W. South St. intersection, and intersection realignment of and improvements to the
Archibald Yell Blvd., S. College Ave., and E. Rock St. intersection.
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.
Open burning is not allowed on City projects.
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 270 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 290
calendar days after the date when the Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day
00500 Agreement 00500-2
DOCUMENT 00500 — AGREEMENT (continued)
that expires after the time specified above in Paragraph 3.02 for Substantial
Completion until the Work is Substantially Complete. After Substantial
Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the time specified in Paragraph 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Five
Hundred Dollars ($500.00) for each calendar day that expires after the time
specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the unit prices bid in the Proposal (BID FORM) which is hereto
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and
the City Council in advance of the change in scope, cost or fees.
There shall be no changes without prior written approval of the
Engineer of Record and/or the City's designated Professional
Engineer.
00500 Agreement 00500-3
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in each case,
less the aggregate of payments previously made and less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
a. 95% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
00500 Agreement 00500-4
DOCUMENT 00500 — AGREEMENT (continued)
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress,
performance, and furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, performance, and
furnishing of the Work.
D. Contractor has carefully studied all:
(1) Reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous
to the Site; and
00500 Agreement 00500-5
DOCUMENT 00500 — AGREEMENT (continued)
(2) Reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The City of
Fayetteville and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated
in the Contract Documents with respect to Underground Facilities at
or contiguous to the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility of
having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
or otherwise which may affect cost, progress, performance, and furnishing of
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
00500 Agreement 00500-6
DOCUMENT 00500 — AGREEMENT (continued)
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
00500 Agreement 00500-7
DOCUMENT 00500 — AGREEMENT (continued)
7. Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title: MISSOURI CREEK DRAINAGE IMPROVEMENTS
8. Addenda numbers inclusive.
9. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a parry 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
Effective Date of the Agreement.
141SUKIIG7_TOC613
(Type or legibly print)
(Signature)
Title:
Contractor shall attach evidence of authority to sign.
20, which is the
CITY OF FAYETTEVILLE
By: Lioneld Jordan
(Signature)
Title: Mayor
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
00500 Agreement 00500- 10
DOCUMENT 00500 — AGREEMENT (continued)
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.
(SEAL)
Attest
Attest
00500 Agreement 00500 - 11
(SEAL)
DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices Address for giving notices
113 W. Mountain St.
Fayetteville, AR 72701
License No.
Agent for Service of process
(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.
(If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.)
END OF DOCUMENT 00500
00500 Agreement 00500- 12
CITY OF
FAYETTEVILLE
ARKANSAS
BID TABULATION
BID 22-29, CONSTRUCTION - ARCHIBALD YELL REBID
DEADLINE: TUESDAY, APRIL 5, 2022 BEFORE 3:00 PM, LOCAL TIME
CERIFICATION OF FUNDS
Certified Funds $ 2,500,000.00
25% Additional Allowance Allowed Per State Law $ 625,000.00
Maximum Award Amount $ 3,125,000.00
SUMMARY OF A BID SCHEDULES
Benchmark Construction Company
(Benchmark Construction Company of NWA, Inc.)
BID SCHEDULE 1 - SCOPE OF WORK $ 2,995,576.53
BID SCHEDULE 2 - DEDUCTIVE ALTERNATE 1 $ 224,750.00
TOTAL BASE BID $ 2,995,576.53
Benchmark Construction Company (Benchmark
Construction Company of NWA, Inc.)
Line
Description
UOM
QTY jUnit
I Extended
1
Bid Schedule 1 - Scope of Work
EA
1
$2,995,576.53 $2,995,576.53
1.1
Insurance and Bonding
LS
1
$72,561.92
1.2
Roadway Construction Control
LS
1
$36,279.00
1.3
Trench and Excavation Systems
LS
1
$9,687.50
1.4
Clearing, Grubbing, and Demolition
LS
1
$371,560.00
1.5
Unclassified Excavation (Plan Quantity)
CY
1190
$27.03
1.6
Embankment (Plan Quantity)
CY
1880
$39.16
1.7
Select Embankment (Plan Quantity)
CY
677
$69.31
1.8
Undercut and Backfill
CY
600
$36.75
1.9
Rock Excavation
CY
10
$400.00
1.10
Subgrade Preparation (Plan Quantity)
SY
1786
$11.84
1.11
4" Topsoil Placement (Yard Areas)
SY
1990
$7.62
1.12
5'x4' Rectangular Curb Inlet
EA
1
$9,010.00
1.13
Concrete Channel Paving
SY
2
$355.00
1.14
6" Aggregate Base Course
SY
1786
$45.04
1.15
Asphalt Concrete Hot Mix Surface Course (PG 70-22)
TON
170
$487.88
1.16
Asphalt Concrete Hot Mix Binder Course (PG 64-22)
TON
314
$335.41
1.17
Concrete Curb and Gutter (Type A) (1'-6")
LF
1419
$73.60
1.18
Concrete Curb (Type A)
LF
259
$64.36
1.19
4" Thick Concrete Sidewalk
SY
539
$161.58
1.20
6" Thick Concrete Sidewalk
SY
114
$159.12
1.21
Concrete Driveway Aprons
SY
65
$326.24
1.22
Concrete Driveway
SY
154
$251.56
1.23
Solid Sod
SY
802
$6.24
1.24
Seeding
Acre
0.3
$9,896.04
1.25
Additional Watering
MG
22
$263.64
1.26
6" Pavement Marking (Thermoplastic)
LF
12703
$1.52
1.27
8" Pavement Marking (Thermoplastic)
LF
243
$3.47
1.28
12" Pavement Marking (Thermoplastic)
LF
137
$13.86
1.29
24" Pavement Marking (Thermoplastic) (White)
LF
708
$27.72
1.30
Yield Lines (Thermoplastic)
LF
12
$34.65
1.31
Pavement Symbols (Arrows - Thermoplastic)
EA
16
$485.10
1.32
Pavement Symbols (Words - Thermoplastic)
EA
7
$554.40
1.33
Standard Street Sign Installation
EA
32
$415.80
1.34
Custom Street Sign Installation
EA
2
$138.60
1.35
Erosion Control
LS
1
$14,364.43
1.36
Traffic Control and Maintenance
LS
1
$48,960.00
1.37
Mobilization
LS
1
$144,804.50
1.38
Cast -in -Place Detectable Warning Panel
SF
260
$117.44
1.39
Handicap Access Ramp
SY
90
$134.36
1.40
Project Sign
EA
2
$1,039.50
1.41
Cold Milling Pavement
SY
67
$248.09
1.42
ACHM Pavement Permanent Repair
SY
67
$388.08
1.43
4" Portland Cement Concrete Base
SY
92
$137.51
1.44
Concrete Island
SY
238
$199.59
1.45
Drop Inlet Adjusted to Grade
EA
1
$3,230.77
1.46
Rumble Strips
LF
1656
$34.65
1.47
Raised Pavement Markers
EA
364
$13.86
1.48
6" Thick Concrete Sidewalk with Integral Retaining Wall
SY
102
$540.99
1.49
6" Thick Handicap Access Ramp with Integral Retaining Wall
SY
25
$450.77
1.50
Cast -in -Place Concrete Retaining Wall
SF
25
$105.91
1.51
System Local Controller TS2-Type 2, E-Net (8 Phases)
EA
1
$36,225.00
1.52
Ethernet Switch, T100 Hardened (8-Port)
EA
1
$4,153.80
1.53
E-Net Cable (Exterior Cat 5e)
LF
70
$5.54
1.54
Local Radio (E-Net 5.8) with Antenna
EA
1
$5,405.50
1.55
Battery Backup System
EA
1
$13,181.30
1.56
Traffic Signal Head, LED, (3 Section, 1 Way)
EA
10
$1,351.25
1.57
Central Control Unit
EA
1
$7,798.15
1.58
Pole Mounted Assembly
EA
8
$2,875.00
1.59
Countdown Pedestrian Signal Head, LED
EA
8
$1,667.50
1.60
Traffic Signal Cable (5c/14 A.W.G.)
LF
1514
$2.59
1.61
Traffic Signal Cable (7c/14 A.W.G.)
LF
128
$3.16
1.62
Traffic Signal Cable (20c/14 A.W.G.)
LF
430
$4.60
1.63
Electrical Conductors -In -Conduit (1c/8 A.W.G., E.G.C.)
LF
481
$1.72
1.64
Electrical Conductors -In -Conduit (1c/12 A.W.G., E.G.C.)
LF
275
$0.86
1.65
Electrical Conductors -In -Conduit (2c/6 A.W.G.)
LF
37
$5.16
1.66
Electrical Conductors for Luminaires
LF
650
$2.30
1.67
Galvanized Steel Conduit (2")
LF
14
$34.50
1.68
Non -Metallic Conduit (2")
LF
37
$25.30
1.69
Non -Metallic Conduit (3")
LF
460
$46.00
1.70
Concrete Pull Box (Type 2)
EA
4
$862.50
1.71
Concrete Pull Box (Type 1 HD)
EA
1
$1,437.50
1.72
Concrete Pull Box (Type 2 HD)
EA
2
$1,437.50
1.73
Traffic Signal Mast Arm and Pole with Foundation (22')
EA
1
$31,470.90
1.74
Traffic Signal Mast Arm and Pole with Foundation (32')
EA
2
$33,018.80
1.75
Traffic Signal Mast Arm and Pole with Foundation (36')
EA
1
$34,517.25
1.76
LED Luminaire Assembly
EA
4
$1,007.40
1.77
Traffic Signal Pedestal Pole with Foundation
EA
2
$5,479.18
1.78
Service Point Assembly (2 Circuits)
EA
1
$4,025.00
1.79
18" Street Name Sign
EA
4
$977.50
1.80
Video Detector (CLR)
EA
7
$4,744.90
1.81
Video Cable
LF
901
$4.60
1.82
Video Monitor (CLR)
EA
1
$1,380.00
1.83
Edge Connect Card for Communications
EA
7
$6,844.80
1.84
Video Processor, Edge Card (1 Camera)
EA
1
$6,210.00
1.85
Vehicle Detector Rack (32 Channel)
EA
1
$4,916.25
1.86
2" Non -Metallic Conduit
LF
1000
$18.02
1.87
Composite Junction Box, Installed
EA
13
$284.13
1.88
Lighting Assembly Type A and Associated Hardware Installed
EA
12
$14,108.69
1.89
No. 10 AWG Copper Conductor, Installed in Light Pole
LF
600
$2.56
1.90
No. 6 AWG Copper Conductor, Installed in Conduit
LF
3150
$3.48
1.91
Water and Sewer Erosion Control
LS
1
$6,237.00
1.92
Water and Sewer Traffic Control
LS
1
$30,492.00
1.93
Water and Sewer Mobilization
LS
1
$10,395.00
1.94
Water and Sewer Trench Excavation Safety Systems
LS
1
$10,395.00
1.95
Water and Sewer Construction Staking and Record Drawing Data
LS
1
$11,781.00
1.96
Spot Dig and Verify Existing Utility Locations
LS
1
$10,400.00
1.97
Water and Sewer Material and Acceptance Testing
LS
1
$6,930.00
1.98
Flowable Fill for Abandoned Pipelines
LF
435
$16.52
1.99
8" PVC (SDR-26) Gravity Sewer
LF
450
$97.02
1.100
4' ID Manhole, 0' to 6' Depth
EA
5
$5,544.00
1.101
4' ID Manhole Additional Depth, Over 6'
VF
2
$920.00
1.102
Core Drill and Connect to Existing Manhole
EA
1
$1,730.00
1.103
Compacted Class 7 Aggregate Base Coarse for Backfill
CY
250
$92.08
1.104
Water and Sewer Undercut and Backfill
CY
50
$360.40
1.105
Water and Sewer Rock Excavation
CY
100
$325.00
1.106
8"X6" Tapping Sleeve and Fire Hydrant Assembly
EA
1
$18,360.00
1.107
Water Meter and Service Line Relocation
EA
2
$3,070.00
1.108
Adjust Valve Boxes and Meter Boxes to Finished Grade
LS
1
$1,530.00
1.109
Remove Fire Hydrant Assembly and Install 8" MJ Cap
EA
1
$9,210.00
1.110
Sewer Service Line Relocation
EA
6
$3,100.00
1.111
Water Service Tap
EA
3
$3,836.67
1.112
Sewer Service Tap
EA
3
$3,070.00
1.113
Thin Asphalt Overlay (4.75 mm) (PG64-22)
TON
775
$290.00
2
Bid Schedule 2 - Deductive Alternate 1
EA
1
-$224,750.00-$224,750.00
2.1
Thin Asphalt Overlay (4.75 mm) (PG64-22)
TON
775
-$290.00
Total
$2,770,826.53
Jonathan Smith
Jonathan Smith, Purchasing Agent
Digitally signed by Andrea
Andrea Foren Foren
Date: 2022.04.07 16:41:20
-05'00'
Digitally signed by Jonathan Smith
Date: 2022.04.06 13:28:00-05'00'
Date
Andrea Foren, Purchasing Manager Date
413JqC
More Than a Promise
5500 Euper Lane
PO Box 3529
Ft. Smith, AR 72913 (479) 452-4000
www.bhca.com
Bid Bond
KNOW AT.1, MEN BY THFSF. PRRSFNTS. that we.
(Here insert full narne and address or legal title of Contractor)
Benchmark Construction of NWA, Inc.
333 West Poplar, Ste A
Fayetteville, AR 72703
as Principal, hereinafter called the Principal, and
(Hare in cart full rulmv unrl ndlyn'-s.s nr IPgal title of .SttrPty)
Westfield Insurance Company
P. O. Box 5001
Westfield Center, OH 44251-5001
a corporation duly organized under the laws of the State of Ohio
a3 Surety, hereinafter called the Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID
Dullars ($ 5% ), fur the payment
of which sum welt and truly to be made, the said Principal and the said Surety, bind oucsolves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Archiball Yell Blvd. Improvements
(Here inserr full name, address and descriptfon of projecr)
NOW, THEREFORE, if the Obligee sbal) accept the bid of the Principal and the Principal shall enter into a Contract
with the Ohligee. in nannrdanrc with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligce the difference riot to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this 5th day of April 2022
Benchmark Construction of NWA, Inc.
(Principal) (Seal)
(Title)
Westfield Insurance Com an
0C L, ' Surety)
� TirlP} {,CPrrll
Mary Ann Ju ce , Attorney-In-Facr-
AIA Document A31 OnA —1970. Copyright 0 1963 and 1970 by The American Insillute of Architects.
I HIS NUWEH UP Al IUHNtY SU1JtHCtU1:5 ANY NHtVIUUS PUWtK btAKINU I nw JAmt
POWER # AND ISSUED PRIOR TO 02125/21, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO, 0320052 04
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know Air Man 6y These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinatler referred to Individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Chic, and having Its principal cf'Ire in Westfield Center, Medina Cct;nty, Ohlc, do by these
presents make, constitute and appoint
SCOTT R. CLARK, MARTY C. CLARK, SHANNON C. SCHMIDLY, ELIZABETH A. SOLOMON, MARY ANN JUSTICE, SCOTT
WHITTENBERG, LISA MCCLURE, JOINTLY OR SEVERALLY
of FORT SMITH and State of AR its true and lawful Attorney (s)-i n-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - - - - - - - - - • - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - . . . - - - - - - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as hilly and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirmlrg all that the said Attorney(s)-In-Fact may do In
the premises- Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY;
Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attar ney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and On behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seat of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' {Each adapted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 25th day of FEBRUARY A.D., 2021 .
�,,..11.IWIy„ N1111i i11..
Corporate gri h N WESTFIELD INSURANCE COMPANY
Seals 11t .... �!!� ', ,.= •t.'%1o..;!q3
p,. tie.• WESTFIELD NATIONAL INSURANCE COMPANY
Affixed I` .a.�� OHIO FARMERS INSURANCE COMPANY
49
1848
State of Ohio $yGary, W. tumper, Nationa Surety Leader and
County of Medina ss.; Senior Executive
On this 25th day of FEBRUARY A.D., 2021 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn,
did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which
executed the above Instrument; that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial NN11X1,
Seal PtAL!'
Affixedi 14r�
State of Ohio David A. Kotnik, Attorney at Law, Notary Public
=• 46 ` My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: y r*
TE OF Oda
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies' at Westfield Center, Ohio, this 5th day of
April A.U., 2622 .
{ E
5eciTtay
1848
+ '•• •�, = ' •= Frank A. Carrino, Secretary
BPOAC2 (combined) (06-02)
DOCUMENT 0400-BID FORM
Contract Name: ARCHIBALD YELL BLVD.IMPROVEMENTS
Bid Number: 22-29
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: Benchmark Construction
333 West Poplar St, Ste A
Fayetteville, AR 72703
ARTICLE 1- INTENT
1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an
agreement with Owner in the form included in the Contract Documents to perform
and furnish all Work as specified or indicated in the Contract Documents for the Bid
price and within the Bid time indicated in this Bid and in accordance with the other
terms and conditions of the Contract Documents.
ARTICLE 2- TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for 90 days
after the day of Bid opening. Bidder will sign and deliver the required number of
counterparts of the Agreement with the Bonds and other documents required by the
Bidding Requirements within 15 days after the date of Owner's Notice of Award.
0400-Bid Form 00400-1
DOCUMENT 0400-BID FORM (continued)
ARTICLE 3- BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement,
that:
A. Bidder has examined and carefully studied the Bid Documents, and the
following Addenda, receipt of all which is hereby acknowledged:
Number Date
#1 3-18-22
B. Bidder has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress,
performance, and furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, performance, and furnishing
of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of
physical conditions in or relating to existing surface or subsurface structures
at or contiguous to the Site; and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site. Bidder acknowledges that such
reports and drawings are not Contract Documents and may not be complete
for Bidder's purposes. Bidder acknowledges that Owner and Engineer do
not assume responsibility for the accuracy or completeness of information
and data shown or indicated in the Bid Documents with respect to
Underground Facilities at or contiguous to the Site.
E. Bidder has obtained and carefully studied (or assumes responsibility for
having done so) all such additional or supplementary examinations,
0400-Bid Form 00400-2
DOCUMENT 0400-BID FORM (continued)
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
or otherwise which may affect cost, progress, performance, or furnishing of
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder and
safety precautions and programs incident thereto.
F. Bidder does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of this
Bid for performing and furnishing of the Work in accordance with the times,
price, and other terms and conditions of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and
others at the Site that relates to Work for which this Bid is submitted as
indicated in the Contract Documents.
H. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Site, reports, and drawings identified
in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities,
or discrepancies that Bidder has discovered in the Contract Documents, and
the written resolution thereof by Engineer is acceptable to Bidder.
The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the
Work for which this Bid is submitted.
K. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm, or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization, or
corporation; Bidder has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham bid; Bidder has not solicited or
induced any person, firm, or a corporation to refrain from bidding; and
0400-Bid Form 00400-3
DOCUMENT 0400-BID FORM (continued)
Bidder has not sought by collusion to obtain for himself any advantage over
any other Bidder or over Owner.
L. Bidder will perform the Work in compliance with all applicable trench safety
standards set forth in Occupational Safety and Health Administration
(OSHA) Part 1926 — Subpart P — Excavations.
ARTICLE 4- BID PRICE
Bidders are required to provide pricing for all line items, including deductive
alternate items. Failure to provide deductive alternate pricing can result in
bid rejection.
The City intends to award this contract to the lowest qualified responsive
responsible bidder based on the total base bid as long as the base bid amount
falls within the amount of funds certified for the project plus 25%.
In the event no bid falls within the amount of funds certified for the project
plus 25%, the City will utilize the deductive alternates in order to further
evaluate bids until a bid received falls within the amount certified, plus 25%.
In the event all deductive alternates are subtracted from the total base bid and
no bid falls within the amount certified, plus 25%, all bids shall be rejected
and become confidential.
In no case shall the amount bid for the item of "mobilization" exceed 5% of
the total contract amount for all items listed in the proposal or bid. Should
the amount entered into the proposal or bid for this item exceed 5%, the bid
shall be rejected.
Bidder shall complete the Work in accordance with the Contract Documents
for the following price(s):
0400-Bid Form 00400-4
DOCUMENT 0400-BID FORM (continued)
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
Dollars ($ 5% bid bond
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:
Benchmark Construction
Steve Smith
Email benchmarkconst@att.net
Phone No. 479-251-1316
Fax No. 479-251-1319
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. 0033500522
If Bidder is:
An Individual
Name (type or printed):
By: (SEA
(Individual's Signature)
Doing business as:
Business
Phone No: Fax No.
Email Address:
A Partnership
Partnership Name:
(SEAL)
By:
(Signature of general partner -attach evidence of authority to sign)
Name (type or printed):
Business
Phone N
Email Address:
N
0400-Bid Form 00400-9
DOCUMENT 040[1-BID FORM continued
A Co oration or LLC
Corporation Nairte : ��'+ � r k nb� ritC a d WA, SEAL)
State of incorporation:n
Type (General Business, Professional, Service, Limited Liability):
(Signature of general partner -attach evidence of authority to sign)
Name (type or printed):_ 51ephGn 43fVV;' b
Title: eco
(CORPORATE SEAL)
Attest:
(Signature of Corporate Secretary)
Business address: 3 3 u) . ?a_plAr S $ -5u i +e A
Fagleffevi Ile, M2 72703
Phone No: *Iq - 25 I - 1: [o Fax No. -� 5 -131
Email Address: 5ertalnrno rk 0bri5tdj) Q.-Vt, n B�
Tax ID N►rmber (TK 1 - 0 4-17 3 2-
DUNS # i 1 - 66. - 42 5,q
Cage Code:
END OF DOCUMENT 00400
0400-Bid Form 00400-10
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT:
Contract Name: ARCHIBALD YELL BLVD. MPROVEMENTS
Bid #: 22-29
Date: April 5, 2022
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company Benchmark Construction
Name Steve Smith
Address 333 West Poplar St, Ste A
Principal Office Same
Corporation, partnership, individual, joint
venture, other Corporation
Arkansas State General Contractor's License Number
0033500522
(Type or legibly print)
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for 45 years and
has performed work of the nature and magnitude of this Contract for 45 years.
Bidder has been in business under its present name for 16 years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet,
list project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion
date.)
00140-Bidder Qualifications 00140 — 1
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
3. Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect
contact, amount of contract, surety, and date of completion and percentage of the cost
of the Work performed with Bidder's own forces.)
4. Has Bidder ever failed to complete any project? If so, state when, where, and why.
5. Bidder normally performs the following work with his own forces:
Construction Admin, Supervision, Demolition, Dirtworks, Erosion Control, Agg Base
Concrete, Topsoil and Sod,
6. Construction experience of key individuals in the organization is as follows
(continued on attached sheets if needed):
See attached
7. In the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
See attached
8. Bidder's Workmen's Compensation Experience Modifier Factor is: .83
00140-Bidder Qualifications 00140 — 2
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
FINANCIAL STATEMENT
A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide
to the City of Fayetteville the following additional information:
Bidder possesses adequate financial resources as indicated by the following:
1. Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder's latest balance sheet and income statements showing the following items:
a. Current assets (cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
b. Net fixed assets.
c. Other assets.
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof.
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder: NONE
Judgment Creditors Where Docketed and Date Amount
a.
Pei
00140-Bidder Qualifications 00140 — 3
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: April 5, 2022
Name of organization:
Benchmark Construction of NWA, Inc.
By Stephen Smith
(Type or legibly print)
By Stephen Smith
(Signature)
Title CEO
(Type or legibly print)
(OFFICIAL SEAL)
(If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature
of a duly -authorized officer and with the corporate seal affixed.)
END OF DOCUMENT 00140
00140-Bidder Qualifications 00140-4
AIA G703
Contractor's Qualification Statement
SUBMITTED TO: MR. SEAN SLAPE
SUBMITTED BY: STEPHEN SMITH, CEO
NAME: BENCHMARK CONSTRUCTION OF NWA, INC.
ADDRESS: 333 WEST POPLAR ST, STE 'A', FAYETTEVILLE, AR 72703
PRINCIPAL OFFICE: ABOVE
(XX) Corporation
NAME OF PROJECT: CRISIS BREWERY
§ 1. ORGANIZATION
§ 1.1 How many years has your organization been in business as a Contractor? 40 Years
§ 1.2 How many years has your organization been in business under its present business name? 14
years
§ 1.2.1 Under what other or former names has your organization operated? Marinoni
Construction Company, Inc.
§ 1.3 If your organization is a corporation, answer the following:
§ 1.3.1 Date of incorporation: June 1976
§ 1.3.2 State of incorporation: Arkansas
§ 1.3.3 President's name: Roger Ross
§ 1.3.4 Ceo name: Stephen Smith
§ 1.4 If your organization is a partnership, answer the following:
§ 1.4.1 Date of organization: Not Applicable
§ 1.4.2 Type of partnership (if applicable):
§ 1.5 If your organization is individually owned, answer the following:
§ 1.5.1 Date of organization: June 1976
§ 1.5.2 Name of Owners: Stephen Smith, Roger Ross
§ 1.6 If the form of your organization is other than those listed above, describe it and name the
principals: NA
§ 2. LICENSING
§ 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do
business, and indicate registration or license numbers, if applicable.
Jurisdictions: Arkansas. LICENSE NUMBER: 0033500522
Trade Categories: General Construction of Commercial, Industrial and
Institutional Projects with unlimited bidding capacity.
§ 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Arkansas
Secretary of State
§ 3. EXPERIENCE
§ 3.1 List the categories of work that your organization normally performs with its own forces.
Site Work, Dirt Work, Concrete, Framing, Masonry, Supervision, Rough and Finish
Carpentry, Specialties
§3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details)
§ 3.2.1 Has your organization ever failed to complete any work awarded to it?: No
§ 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or
outstanding against your organization or its officers? No
§ 3.2.3 Has your organization filed any law suits or requested arbitration with regard to
construction contracts within the last five years? No
§ 3.3 Within the last five years, has any officer or principal of your organization ever been an officer
or principal of another organization when it failed to complete a construction contract? No
3.4 Projects Completed in the last 7 Years:
Northwest Arkansas Regional Airport —Rental Fleet Maintenance Facility and Car Wash
Dale Scarbrough, WDD Architects (479-442-6681)
City of Rogers Veteran's Park Concessions/Maintenance Buildings
Jim Swearingen Architect, Crafton Tull and Associates (479-636-4838)
City of Fayetteville Compost Facility
Lynn Hyke (479-466-7589)
Gravette Middle School Annex
David Swearingen, Crafton Tull and Associates Architect (479-636-4838)
University of Arkansas —Davis Hall Historical Renovation/Addition. LEED Certified.
Rob Sharp Architect (479-442-0229)
Lincoln Athletic Complex (Football field, field house, track, concession/restroom
building) Lewis Elliott Architects, Mary Ann Spears, Supt of Schools (479-824-7310)
City of Springdale —Shiloh Restroom/Basement Remodel
Don Mobley Architect (479-466-1746)
Highlands Oncology Cancer Treatement Facilities—Crafton Tull and Assoc Architects.
Wes Burgess Architect (479-878-2452) Kathey Parker, Owner (479-587-1700)
City of Fayetteville Water/Sewer Operation Improvements. Lynn Hyke
2
Starlight Skate Rink Renovation
Jim Key Architect (479-444-6066)
Black Hills Energy NWA Headquarters — Polk Stanley and Assoc, Craig Curzon
Architect (479-444-0473)
American Electric and Power/Swepco Office/Warehouse Addition
AFHJ Architects (Zed Johnson, Retired)
University of Arkansas—Brough Commons Dining Hall and Kitchen, Harrison French
Architects, Lance Weatherton, Architect (479-273-7780)
Univ of Arkansas NCREPT (Nat Center for Reliable Elect Transmission) Building
Modus Studios. Jason Wright
University of Arkansas Harmon Parking Garage Renovations —Polk Stanley and
Assoc,Craig Curzon Architect (479-444-0473). Jim Beatty Engineer.
Sequoyah Maison Condominiums —Rob Sharp Architect (442-0229)
Tyson Research Farm Broiler Houses/Operations Facility —Chris Hall
Bank of Fayetteville all Construction Needs
Jennifer Hardin, Vice -President (479-444-4444)
Harvey Dowell Concrete Bridge Renovations
McGoodwin Williams and Yates. Brad Hammond
Decatur School District FEMA Storm Shelter/Gymnasium—Jim Mayer Architect
(479-246-0055)
City of Fayetteville Transfer Station. LEED Certified —Brad Hammond at
Mcgoodwin, Williams and Yates
Ft Smith Airport Taxiway Paving —Brian Mauer, Engineer
Creekside Park and Bike Trail --Geoff Bates Engineer
Blowing Springs to Metfield Park Greenway Trail --Garver Engineers
Drake Field Taxiway B--Garver Engineers
§ 3.4.1 State total worth of work in progress and under contract:
Work in Progress: $6 million
Work under contract: Many projects are in negotiation and not under
contract terms at this time. A current 5 year Construction Program
with Black HIlls Energy.
§ 3.5.1 State average annual amount of construction work performed during the past five
years: $7 million
§ 3.6 List the construction experience and present commitments of the key individuals of your
3
organization.
Stephen Smith, owner, 34 years experience in commercial/industrial
construction
Roger Ross, owner, 31 years experience in commercial/industrial construction
Chuck Ketcher, Supt, 26 years experience in commercial/industrial construction
Rick Vasquez, Foreman, 25 years experience
Armando Vasquez, Foreman, 16 years experience
Roberto Sanchez, Foreman, 30 years experience
Thomas Sargent, Foreman, 25 years experience
The remaining personnel with an average of 12 years working in our company
consist of the rest of the construction team. All of our personnel carry skills to
self -perform projects that allow schedules and budgets to be met. Simply stated,
we are not a broker contractor.
Note: Our construction team, from the owners down to laborers, are 100
percent committed to satisfying each client. The ownership is not involved with
any outside investments (ie developing etc..) that would distract our
commitment to serving our clients!! The ownership also takes an active role in
the projects that we build. Project management/Supervision is handled by the
ownership, therefore a vested interest in client satisfaction is our objective.
§ 4. REFERENCES
§ 4.1 Trade References:
Brown Hiller Clark Insurance, Scott Clark, 452-4000
Tune Concrete 442-8251, Dennis Tune, 479-442-8251
Darragh Company, Ronnie McDaniel, 479-651-6800
Meeks Lumber Company, Tom Hamaker, 479-442-2351
Architects and Engineers: Have worked with all major firms in the NWA area over the last 33 years.
§ 4.2 Bank References:
Bank of Fayetteville (Bob King VP, MaryBeth Brooks President) 479-444-4444
§ 4.3 Surety:
§4.3.1 Name of bonding company: Westfield Insurance Company
§ 4.3.2 Name and address of agent:
M
Brown Hiller Clark
5500 Euper Lane
Ft Smith, Ar 72913
Scott Clark 479-452-4000
§ 6. SIGNATURE
§ 6.1 Dated at this 5th Day of April, 2022
Name of Organization: Benchmark Construction of NWA, Inc.
By: StiW2&2 L Stephen Smith
Title: CEO
DOCUMENT 00430 — LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits
the following names of Subcontractors to be used in performing the Work for:
ARCHIBALD YELL BLVD. IMPROVEMENTS
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work Subcontractor's Name
and Address
Clearing/Demolition Benchmark Construction
Benchmark Construction
Tomlinson Asphalt
Benchmark Construction
Benchmark Construction
By Owner
SWPPP/Erosion Control
Asphalt
Concrete
Landscaping
Material Testing
Other (designate)
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
Bidder's Signature
END OF DOCUMENT 00430
Expected Percentage
or Value
12%
2%
00430-List of Subcontractors 00430-1
CITY OF
W;% FAYETTEVILLE
ARKANSA
Bid 22-29 Addendum 1
Benchmark Construction Company
Benchmark Construction Company of NWA,
Inc.
Supplier Response
Event Information
Number: Bid 22-29 Addendum 1
Title: Bid 22-29, Construction - Archibald Yell Rebid
Type: Invitation to Bid
Issue Date: 3/6/2022
Deadline: 4/5/2022 03.00 PM (CT)
Notes: The city of Fayetteville, Arkansas is accepting sealed bids from
properly licensed firms for Archibald Yell Boulevard improvements.
The work under this contract includes, but is not limited to, the
Archibald Yell Boulevard striping and signage improvements from W.
Martin Luther King Jr. Blvd to E. Rock St., intersection and signal
improvements to the Archibald Yell Blvd. and W. South St. intersection,
and intersection realignment of and improvements to the Archibald Yell
Blvd., S. College Ave., and E. Rock St. intersection. Questions should
be addressed to Jonathan Smith, Purchasing Agent,
at jonsmith@fayetteville-ar.gov.
Contact Information
Contact:
Jonathan Smith
Address:
Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Phone:
(479) 575-8220
Email:
jonsmith@fayetteville-ar.gov
Page 1 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
Benchmark Construction Company Information
Contact: Steve Smith
Address: 333 W. POPLAR ST., STE A
Fayetteville, AR 72703
Phone: (479) 251-1316
Email: benchmarkconst@att.net
Web Address: None
By submitting your response, you certify that you are authorized to represent and bind your company.
Steve Smith
Signature
Submitted at 4/5/2022 1:33:14 PM
Requested Attachments
benchmarkconst@att.net
Email
Bid 22-29, Required Signature Required Signature Forms and Bid Form with Addenda Acknowledgement. pdf
Forms
Please sign and attach the required bid signature forms. You can find these forms under attachments in the Project
Manual.
Bid 22-29, Bid Bond
Please attach a signed copy of your bid bond.
Bid Attributes
BID BOND ARCHIBALD YELL IMPROVEMENTS.pdf
1
Bid 22-29, Arkansas Contractor's License Number
Please provide your Arkansas Contractors License Number.
0033500522
2
Bid 22-29, Arkansas Secretary of State Filing Number
Please provide your Arkansas Secretary of State Filing Number.
5381670002
3
Bid 22-29, Company Point of Contact
Please provide us with a company phone number and email address.
Phone number: 479-251-1316 Email: benchmarkconst@att.net
4
Bid 22-29, Arkansas Code Annotated §25-1-503
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.
Agree and Certify
Bid Lines
11 Packaae Header
Page 2 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
Bid Schedule 1 - Scope of Work
Quantity: 1 UOM: EA
Package Items
Total:
$2,995,576.53
1.1 Insurance and Bonding
Quantity: 1 UOM: LS
Price: $72,561.92
Total: $72,561.92
1.2 Roadway Construction Control
Quantity: 1 UOM: LS
Price: $36,279.00
Total: $36,279.00
1.3 Trench and Excavation Systems
Quantity: 1 UOM: LS
Price: $9,687.50
Total: $9,687.50
1.4 Clearing, Grubbing, and Demolition
Quantity: 1 UOM: LS
Price: $371,560.00
Total: $371,560.00
1.5 Unclassified Excavation (Plan Quantity)
Quantity: 1190 UOM: CY
Price: $27.03
Total: $32,165.70
1.6 Embankment (Plan Quantity)
Quantity: 1880 UOM: CY
Price: $39.16
Total: $73,620.80
1.7 Select Embankment (Plan Quantity)
Quantity: 677 UOM: CY
Price: $69.31
Total: $46,922.87
1.8 Undercut and Backfill
Quantity: 600 UOM: CY
Price: $36.75
Total: $22,050.00
1.9 Rock Excavation
Quantity: 10 UOM: CY
Price: $400.00
Total: $4,000.00
1.10 Subgrade Preparation (Plan Quantity)
Quantity: 1786 UOM: SY
Price: $11.84
Total: $21,146.24
1.11 4" Topsoil Placement (Yard Areas)
Quantity: 1990 UOM: SY
Price: $7.62
Total: $15,163.80
1.12 5'x4' Rectangular Curb Inlet
Quantity: 1 UOM: EA
Price: $9,010.00
Total: $9,010.00
1.13 Concrete Channel Paving
Quantity: 2 UOM: SY
Price: $355.00
Total: $710.00
1.14 6" Aggregate Base Course
Quantity: 1786 UOM: SY
Price: $45.04
Total: $80,441.44
1.15 Asphalt Concrete Hot Mix Surface Course (PG 70-22)
Quantity: 170 UOM: TON
Price: $487.88
Total: $82,939.60
1.16 Asphalt Concrete Hot Mix Binder Course (PG
64-22)
Quantity: 314 UOM: TON
Price: $335.41
Total: $105,318.74
1.17 Concrete Curb and Gutter (Type A) (1'-6")
Quantity: 1419 UOM: LF
Price: $73.60
Total: $104,438.40
1.18 Concrete Curb (Type A)
Quantity: 259 UOM: LF
Price: $64.36
Total: $16,669.24
Page 3 of 9 pages Vendor: Benchmark Construction Company
Bid 22-29 Addendum 1
1.19 4" Thick Concrete Sidewalk
Quantity: 539 UOM: SY
1.20 6" Thick Concrete Sidewalk
Quantity: 114 UOM: SY
1.21 Concrete Driveway Aprons
Quantity: 65 UOM: SY
1.22 Concrete Driveway
Quantity: 154 UOM: SY
1.23 Solid Sod
Quantity: 802 UOM: SY
1.24 Seeding
Quantity: 0.3 UOM: Acre
1.25 Additional Watering
Quantity: 22 UOM: MG
1.26 6" Pavement Marking (Thermoplastic)
Quantity: 12703 UOM: LF
1.27 8" Pavement Marking (Thermoplastic)
Quantity: 243 UOM: LF
1.28 12" Pavement Marking (Thermoplastic)
Quantity: 137 UOM: LF
1.29 24" Pavement Marking (Thermoplastic) (White)
Quantity: 708 UOM: LF
1.30 Yield Lines (Thermoplastic)
Quantity: 12 UOM: LF
1.31 Pavement Symbols (Arrows - Thermoplastic)
Quantity: 16 UOM: EA
1.32 Pavement Symbols (Words - Thermoplastic)
Quantity: 7 UOM: EA
1.33 Standard Street Sign Installation
Quantity: 32 UOM: EA
1.34 Custom Street Sign Installation
Quantity: 2 UOM: EA
1.35 Erosion Control
Quantity: 1 UOM: LS
1.36 Traffic Control and Maintenance
Quantity: 1 UOM: LS
1.37 Mobilization
Quantity: 1 UOM: LS
Price: I Total: 1 $87,091.62
Price: I Total: 1 $18,139.68
Price: I Total: 1 $21,205.60
Price: I Total: 1 $38,740.24
Price: I Total: 1 $5,004.48
Price: 1 Total: 1 $2,968.81
Price: I Total: 1 $5,800.08
Price: I Total: 1 $19,308.56
Price: I Total: 1 $843.21
Price: I Total: 1 $1,898.82
Price: I Total: 1 $19,625.76
Price: I Total: 1 $415.80
Price: I Total: 1 $7,761.60
Price: I Total: 1 $3,880.80
Price: I Total: 1 $13,305.60
Price: I Total: 1 $277.20
Price: 1 $14,364.43
Price: 1 $48,960.00
Price: 1 $144,804.50
Total: 1 $14,364.43
Total: 1 $48,960.00
Total: 1 $144,804.50
Page 4 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
1.38 Cast -in -Place Detectable Warning Panel
Quantity: 260 UOM: SF
Price: $117.44
Total: $30,534.40
1.39 Handicap Access Ramp
Quantity: 90 UOM: SY
Price: $134.36
Total: $12,092.40
1.40 Project Sign
Quantity: 2 UOM: EA
Price: $1,039.50
Total: $2,079.00
1.41 Cold Milling Pavement
Quantity: 67 UOM: SY
Price: $248.09
Total: $16,622.03
1.42 ACHM Pavement Permanent Repair
Quantity: 67 UOM: SY
Price: $388.08
Total: $26,001.36
1.43 4" Portland Cement Concrete Base
Quantity: 92 UOM: SY
Price: $137.51
Total: $12,650.92
1.44 Concrete Island
Quantity: 238 UOM: SY
Price: $199.59
Total: $47,502.42
1.45 Drop Inlet Adjusted to Grade
Quantity: 1 UOM: EA
Price: $3,230.77
Total: $3,230.77
1.46 Rumble Strips
Quantity: 1656 UOM: LF
Price: $34.65
Total: $57,380.40
1.47 Raised Pavement Markers
Quantity: 364 UOM: EA
Price: $13.86
Total: $5,045.04
1.48 6" Thick Concrete Sidewalk with Integral Retaining
Wall
Quantity: 102 UOM: SY
Price: $540.99
Total: $55,180.98
1.49 6" Thick Handicap Access Ramp with Integral
Retaining Wall
Quantity: 25 UOM: SY
Price: $450.77
Total: $11,269.25
1.50 Cast -in -Place Concrete Retaining Wall
Quantity: 25 UOM: SF
Price: $105.91
Total: $2,647.75
1.51 System Local Controller TS2-Type 2, E-Net (8 Phases)
Quantity: 1 UOM: EA
Price: $36,225.00
Total: $36,225.00
1.52 Ethernet Switch, T100 Hardened (8-Port)
Quantity: 1 UOM: EA
Price: $4,153.80
Total: $4,153.80
1.53 E-Net Cable (Exterior Cat 5e)
Quantity: 70 UOM: LF
Price: $5.54
Total: $387.80
1.54 Local Radio (E-Net 5.8) with Antenna
Quantity: 1 UOM: EA
Price: $5,405.50
Total: $5,405.50
1.55 Battery Backup System
Quantity: 1 UOM: EA
Price: $13,181.30
Total: $13,181.30
1.56 Traffic Signal Head, LED, (3 Section, 1 Way)
Quantity: 10 UOM: EA
Price:
$1,351.25
Total:
$13,512.50
Page 5 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
1.57 Central Control Unit
Quantity: 1 UOM: EA
Price: $7,798.15
Total: $7,798.15
1.58 Pole Mounted Assembly
Quantity: 8 UOM: EA
Price: $2,875.00
Total: $23,000.00
1.59 Countdown Pedestrian Signal Head, LED
Quantity: 8 UOM: EA
Price: $1,667.50
Total: $13,340.00
1.60 Traffic Signal Cable (5c/14 A.W.G.)
Quantity: 1514 UOM: LF
Price: $2.59
Total: $3,921.26
1.61 Traffic Signal Cable (7c/14 A.W.G.)
Quantity: 128 UOM: LF
Price: $3.16
Total: $404.48
1.62 Traffic Signal Cable (20c/14 A.W.G.)
Quantity: 430 UOM: LF
Price: $4.60
Total: $1,978.00
1.63 Electrical Conductors -In -Conduit (1c/8 A.W.G., E.G.C.)
Quantity: 481 UOM: LF
Price: $1.72
Total: $827.32
1.64 Electrical Conductors -In -Conduit (1c/12 A.W.G.,
E.G.C.)
Quantity: 275 UOM: LF
Price: $0.86
Total: $236.50
1.65 Electrical Conductors -In -Conduit (2c/6 A.W.G.)
Quantity: 37 UOM: LF
Price: $5.16
Total: $190.92
1.66 Electrical Conductors for Luminaires
Quantity: 650 UOM: LF
Price: $2.30
Total: $1,495.00
1.67 Galvanized Steel Conduit (2")
Quantity: 14 UOM: LF
Price: $34.50
Total: $483.00
1.68 Non -Metallic Conduit (2")
Quantity: 37 UOM: LF
Price: $25.30
Total: $936.10
1.69 Non -Metallic Conduit (Y)
Quantity: 460 UOM: LF
Price: $46.00
Total: $21,160.00
1.70 Concrete Pull Box (Type 2)
Quantity: 4 UOM: EA
Price: $862.50
Total: $3,450.00
1.71 Concrete Pull Box (Type 1 HD)
Quantity: 1 UOM: EA
Price: $1,437.50
Total: $1,437.50
1.72 Concrete Pull Box (Type 2 HD)
Quantity: 2 UOM: EA
Price: $1,437.50
Total: $2,875.00
1.73 Traffic Signal Mast Arm and Pole with Foundation (22')
Quantity: 1 UOM: EA
Price: $31,470.90
Total: $31,470.90
1.74 Traffic Signal Mast Arm and Pole with Foundation (32')
Quantity: 2 UOM: EA
Price: $33,018.80
Total: $66,037.60
1.75 Traffic Signal Mast Arm and Pole with Foundation (36')
Quantity: 1 UOM: EA
Price: $34,517.25
Total: $34,517.25
Page 6 of 9 pages Vendor: Benchmark
Construction Company
Bid 22-29 Addendum 1
1.76 LED Luminaire Assembly
Quantity: 4 UOM: EA
Price: $1,007.40
Total: $4,029.60
1.77 Traffic Signal Pedestal Pole with Foundation
Quantity: 2 UOM: EA
Price: $5,479.18
Total: $10,958.36
1.78 Service Point Assembly (2 Circuits)
Quantity: 1 UOM: EA
Price: $4,025.00
Total: $4,025.00
1.79 18" Street Name Sign
Quantity: 4 UOM: EA
Price:
$977.50
Total:
$3,910.00
1.80 Video Detector (CLR)
Quantity: 7 UOM: EA
Price: $4,744.90
Total: $33,214.30
1.81 Video Cable
Quantity: 901 UOM: LF
Price: $4.60
Total: $4,144.60
1.82 Video Monitor (CLR)
Quantity: 1 UOM: EA
Price: $1,380.00
Total: $1,380.00
1.83 Edge Connect Card for Communications
Quantity: 7 UOM: EA
Price: $6,844.80
Total: $47,913.60
1.84 Video Processor, Edge Card (1 Camera)
Quantity: 1 UOM: EA
Price: $6,210.00
Total: $6,210.00
1.85 Vehicle Detector Rack (32 Channel)
Quantity: 1 UOM: EA
Price: $4,916.25
Total: $4,916.25
1.86 2" Non -Metallic Conduit
Quantity: 1000 UOM: LF
Price: $18.02
Total: $18,020.00
1.87 Composite Junction Box, Installed
Quantity: 13 UOM: EA
Price: $284.13
Total: $3,693.69
1.88 Lighting Assembly Type A and Associated Hardware Installed
Quantity: 12 UOM: EA
Price: $14,108.69
Total: $169,304.28
1.89 No. 10 AWG Copper Conductor, Installed in Light
Pole
Quantity: 600 UOM: LF
Price: $2.56
Total: $1,536.00
1.90 No. 6 AWG Copper Conductor, Installed in Conduit
Quantity: 3150 UOM: LF
Price: $3.48
Total: $10,962.00
1.91 Water and Sewer Erosion Control
Quantity: 1 UOM: LS
Price: $6,237.00
Total: $6,237.00
1.92 Water and Sewer Traffic Control
Quantity: 1 UOM: LS
Price: $30,492.00
Total: $30,492.00
1.93 Water and Sewer Mobilization
Quantity: 1 UOM: LS
Price: $10,395.00
Total: $10,395.00
1.94 Water and Sewer Trench Excavation Safety Systems
Quantity: 1 UOM: LS Price: $10,395.00 Total: $10,395.00
Page 7 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
1.95 Water and Sewer Construction Staking and Record Drawing Data
Quantity: 1 UOM: LS
Price: $11,781.00
Total: $11,781.00
1.96 Spot Dig and Verify Existing Utility Locations
Quantity: 1 UOM: LS
Price: $10,400.00
Total: $10,400.00
1.97 Water and Sewer Material and Acceptance Testing
Quantity: 1 UOM: LS
Price: $6,930.00
Total: $6,930.00
1.98 Flowable Fill for Abandoned Pipelines
Quantity: 435 UOM: LF
Price: $16.52
Total: $7,186.20
1.99 8" PVC (SDR-26) Gravity Sewer
Quantity: 450 UOM: LF
Price: $97.02
Total: $43,659.00
1.100 4' ID Manhole, 0' to 6' Depth
Quantity: 5 UOM: EA
Price: $5,544.00
Total: $27,720.00
1.101 4' ID Manhole Additional Depth, Over 6'
Quantity: 2 UOM: VF Price: $920.00 Total: $1,840.00
1.102 Core Drill and Connect to Existing Manhole
Quantity: 1 UOM: EA Price: $1,730.00 Total: $1,730.00
1.103 Compacted Class 7 Aggregate Base Coarse for Backfill
Quantity: 250 UOM: CY Price: $92.08 Total: $23,020.00
1.104 Water and Sewer Undercut and Backfill
Quantity: 50 UOM: CY
Price: $360.40
Total: $18,020.00
1.105 Water and Sewer Rock Excavation
Quantity: 100 UOM: CY
Price: $325.00
Total: $32,500.00
1.106 8"X6" Tapping Sleeve and Fire Hydrant Assembly
Quantity: 1 UOM: EA
Price: $18,360.00
Total: $18,360.00
1.107 Water Meter and Service Line Relocation
Quantity: 2 UOM: EA
Price: $3,070.00
Total: $6,140.00
1.108 Adjust Valve Boxes and Meter Boxes to Finished
Grade
Quantity: 1 UOM: LS
Price: $1,530.00
Total: $1,530.00
1.109 Remove Fire Hydrant Assembly and Install 8"
MJ Cap
Quantity: 1 UOM: EA
Price: $9,210.00
Total: $9,210.00
1.110 Sewer Service Line Relocation
Quantity: 6 UOM: EA
Price: $3,100.00
Total: $18,600.00
1.111 Water Service Tap
Quantity: 3 UOM: EA
Price: $3,836.67
Total: $11,510.01
1.112 Sewer Service Tap
Quantity: 3 UOM: EA
Price: $3,070.00
Total: $9,210.00
1.113 Thin Asphalt Overlay (4.75 mm) (PG64-22)
Quantity: 775 UOM: TON
Price:
$290.00
Total:
$224,750.00
Page 8 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
2 Package Header
Bid Schedule 2 - Deductive Alternate 1
Quantity: 1 UOM: EA
Package Items
2.1 Thin Asphalt Overlay (4.75 mm) (PG64-22)
Quantity: 775 UOM: TON
Total: $-224, 750.00
Price: I Total: 1 $-224,750.00
Response Total: $2,770,826.53
Page 9 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1
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VI C I NI T Y MAP
ARCHIBALD YELL BLVD
I1M19:Z01VI21M1201�
2019 BOND PROGRAM
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-0377
Legistar File ID
5/17/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/22/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of Contract Amendment #1 in the amount of $25,400.00 with Garver, LLC. for the Archibald Yell Blvd.
Safety Improvements Project and approval of a budget adjustment.
Budget Impact:
4602.860.7221-5860.02
Streets Projects 2019 Bonds
Account Number
Fund
Hwy 71B Corridor Archibald Yell Safety
46020.7221.1010
Improvements
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 70,679.00
Funds Obligated
$ 17,658.89
Current Balance
$ 53,020.11
Does item have a cost? Yes
Item Cost
$ 25,400.00
Budget Adjustment Attached? Yes
Budget Adjustment
$ 25,400.00
Remaining Budget
53,020.11
V20210527
Purchase Order Number: Previous Ordinance or Resolution # 159-20
Change Order Number: Approval Date:
Original Contract Number:
Comments:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 17, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
CITY COUNCIL MEMO
DATE: April 22, 2022
SUBJECT: Approval of Contract Amendment #1 in the amount of $25,400.00 with
Garver, LLC. for the Archibald Yell Blvd. Improvements Project and
approval of a budget adjustment.
RECOMMENDATION:
Staff recommends approval of Contract Amendment #1 in the amount of $25,400.00 with
Garver, LLC. for the Archibald Yell Blvd. Improvements Project, and approval of a budget
adjustment.
BACKGROUND:
The Archibald Yell Blvd. Improvements Project is a project in the 2019 Bond Program. The City
Council approved a design contract with Garver, LLC in June of 2020. The project includes
safety improvements to the intersection with College Avenue/Rock Street with pedestrian &
lighting improvements, installation of a traffic signal at South Street, and pavement marking
adjustments throughout the corridor. The Engineering Division staff will be providing the project
management and inspection for the construction of this project.
DISCUSSION:
The approved contract with Garver does not include construction phase services. Staff has
worked with Garver to develop a scope that will include support for the contractor and city staff
as needed throughout the construction of this project. Garver has provided a fee in the amount
of $25,400.00 for this additional work. The contract will be paid based on hourly rates for work
completed, up to the total contract amount.
BUDGET/STAFF IMPACT:
This project will be paid for with the funds from the 2019 Transportation Bond Fund. The
original estimate for this project was $700,000. The design contract is currently $238,920.00.
With this contract amendment, it brings the current design total to $264,320.00.
Attachments:
Vicinity Map
Garver, LLC - Engineering Agreement
Budget Adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
U_
GARVER
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville
Fayetteville, Arkansas
Project No. 20T21030
CONTRACT AMENDMENT NO
This Contract Amendment No. 1, effective on the date last written below, shall amend the original
contract between the City of Fayetteville (Owner) and GARVER, LLC (GARVER), dated June 4, 2020
referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 amends professional services for the:
Improvements to the Archibald Yell Boulevard Corridor from Mountain Street to Martin Luther
King, Jr. Boulevard.
The original contract is hereby modified as follows:
APPENDIX A — SCOPE OF SERVICES
The following items shall be added to the Scope of Services as listed in Appendix A of the original
agreement:
The following items will be added to Section 13. Construction Phase Services of the original contract
SCOPE OF SERVICES:
During the construction phase of work, Garver will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
B. Evaluate and respond to construction material submittals and shop drawings. Corrections or
comments made by Garver on the shop drawings during this review will not relieve Contractor
from compliance with requirements of the drawings and specifications. The check will only be for
review of general conformance with the design concept of the project and general compliance with
the information given in the contract documents. The Contractor will be responsible for confirming
and correlating all quantities and dimensions, selecting fabrication processes and techniques of
construction, coordinating his work with that of all other trades, and performing his work in a safe
and satisfactory manner. Garver's review shall not constitute approval of safety precautions or
constitute approval of construction means, methods, techniques, sequences, procedures, or
assembly of various components. When certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, either directly or
implied for a complete and workable system, Garver shall be entitled to rely upon such
submittal or implied certification to establish that the materials, systems or equipment will meet
the performance criteria required by the Contract Documents.
C. Issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications
(respond to RFIs) regarding the construction contract documents.
D. Review the progress payment request received from the Contractor and make a
recommendation to the Owner regarding payment. Garver's recommendation for payment
shall not be a representation that Garver has made exhaustive or continuous inspections to (1)
check the quality or exact quantities of the Work; (2) to review billings from Subcontractors and
Contract Amendment No. 1 1 of 3
Archibald Yell Boulevard Improvements Garver Project No. 20T21030
U-
GARVER
material suppliers to substantiate the Contractor's right to payment; or (3) to ascertain how the
Contractor has used money previously paid to the Contractor.
E. When requested by the Contactor or the City, meet on site to discuss construction progress /
issues. Onsite meetings/observation will be capped at a total of 40 hours.
F. When authorized by the Owner, prepare change orders for changes in the work from that
originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents, the
Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver.
G. Participate in final project inspection, prepare punch list, review final project closing documents,
and review the final pay request.
H. Review the set of redlined working drawings from the Contractor and incorporate those
changes into record drawings for delivery to the City in PDF format.
APPENDIX B — GARVER FEE SPREADSHEETS
The Maximum Not to Exceed Amount will be increased $25,400 from $238,920 to $264,320 as shown
on the attached Appendix B Fee Summary Sheet — Amendment No. 1.
Contract Amendment No. 1 2 of 3
Archibald Yell Boulevard Improvements Garver Project No. 20T21030
U—
GARVER
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the
date last written below.
CITY OF FAYETTEVILLE
By:
Signature
Name:
Printed Name
Title:
Date:
Attest:
Contract Amendment No. 1
Archibald Yell Boulevard Improvements
GARVER, LLC
.J
By: �aL
Signature
Name: Ronald S. Petrie
Printed Name
Title: Senior Project Manager
Date: 9/27/2021
Attest: DQA�4iW.
3 of 3
Garver Project No. 20T21030
i-
GARVER.
Appendix B
City of Fayetteville
Archibald Yell Boulevard Improvements - Amendment No. 1
Garver Hourly Rate Schedule: July 2021 - June 2022
Classification
Rates
Engineers / Architects
E-1...............................................................................
$ 114.00
E-2...............................................................................
$ 132.00
E-3...............................................................................
$ 160.00
E-4...............................................................................
$ 187.00
E-5...............................................................................
$ 228.00
E-6...............................................................................
$ 280.00
E-7...............................................................................
$ 373.00
Planners / Environmental Specialist
P-1...............................................................................
$ 137.00
P-2...............................................................................
$ 172.00
P-3...............................................................................
$ 209.00
P-4...............................................................................
$ 239.00
P-5...............................................................................
$ 273.00
P-6...............................................................................
$ 316.00
P-7...............................................................................
$ 390.00
Designers
$ -
D-1..............................................................................
$ 106.00
D-2..............................................................................
$ 124.00
D-3..............................................................................
$ 148.00
D-4..............................................................................
$ 172.00
Technicians
T-1...............................................................................
$ 83.00
T-2...............................................................................
$ 105.00
T-3...............................................................................
$ 128.00
Surveyors
S-1...............................................................................
$ 51.00
S-2...............................................................................
$ 68.00
S-3...............................................................................
$ 91.00
S-4...............................................................................
$ 130.00
S-5...............................................................................
$ 172.00
S-6...............................................................................
$ 196.00
2-Man Crew (Survey).......................................................
$ 208.00
3-Man Crew (Survey).......................................................
$ 259.00
2-Man Crew (GPS Survey) ................................................
$ 228.00
3-Man Crew (GPS Survey) ................................................
$ 279.00
Construction Observation
C-1..............................................................................
$ 100.00
C-2..............................................................................
$ 129.00
C-3..............................................................................
$ 158.00
C-4..............................................................................
$ 194.00
C-5..............................................................................
$ 232.00
Management/Administration
M-1..............................................................................
$ 381.00
X-1...............................................................................
$ 65.00
X-2...............................................................................
$ 89.00
X-3...............................................................................
$ 123.00
X-4...............................................................................
$ 157.00
X-5...............................................................................
$ 193.00
X-6...............................................................................
$ 238.00
X-7...............................................................................
$ 287.00
X-8...............................................................................
$ 359.00
X-9...............................................................................
$ 433.00
Agreement for Professional Services
Archibald Yell Boulevard Improvements - Amendment No. 1 Garver Project No. 20T21030
Appendix B
City of Fayetteville
Archibald Yell Boulevard Improvements - Amendment No. 1
FEE SUMMARY
Amendment 1 Total Estimated
Title I Services
Original Fees
Estimated Fees
Fees
Geotechnical Services (Terracon)
$
6,200.00
$ -
$
6,200.00
Record Research
$
3,000.00
$ -
$
3,000.00
Utility Marking
$
400.00
$ -
$
400.00
Traffic Studies
$
19,050.00
$ -
$
19,050.00
Signalization Design
$
20,150.00
$ -
$
20,150.00
Surveys
$
31,250.00
$ -
$
31,250.00
Conceptual Design
$
36,900.00
$ -
$
36,900.00
Preliminary Design
$
43,400.00
$ -
$
43,400.00
Preliminary Design - Electrical
$
9,000.00
$ -
$
9,000.00
Final Design
$
48,050.00
$ -
$
48,050.00
Final Design - Electrical
$
5,120.00
Property Acquisition Documents
$
12,700.00
$ -
$
12,700.00
Bidding Services
$
3,700.00
$ -
$
3,700.00
Subtotal for Title I Service
$
238,920.00
$ -
$
238,920.00
Title II Services
Construction Materials Testing
$
- $
- $ -
Construction Phase Services
$
- $
25,400.00 $ 25,400.00
Subtotal for Title II Service
$
- $
25,400.00 $ 25,400.00
FEE TOTAL $ 238,920.00 $ 25,400.00 $ 264,320.00
Appendix B
City of Fayetteville
Archibald Yell Boulevard Improvements - Amendment No. 1
CONSTRUCTION PHASE SERVICES
WORK TASK DESCRIPTION
E-6
E-5
E-4
E-3
E-2
E-1
T-2
$280.00
$228.00
$187.00
$160.00
$132.00
$114.00
$105.00
hr
hr
hr
hr
hr
hr
hr
1. Project Management
Administration and Coordination
6
8
Subtotal - Project Management
6
0
8
0
0
0
0
2. Civil Engineering
Preconstruction Meeting
2
4
Review Contractor's Monthly Pay Requests (9 pay requests)
F7
14
Response to Inquiries (RFIs)
8
Shop Drawings/Material Submittals
20
On -Site Meetings with Contractor/City
40
Prepare Change Orders
8
Final Project Inspection and Punchlist
4
Record Drawings
4
20
Subtotal - Civil Engineering
2
0
102
0
0
0
20
Hours
8
0
Salary Costs
$2,240.00
$0.00
SUBTOTAL - SALARIES:
$24,910.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$300.00
Postage/Freight/Courier
$0.00
Travel Costs
$190.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$490.00
SUBTOTAL: $25,400.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $25,400.00
110 0 0 0 20
$20,570.00 $0.00 $0.00 $0.00 $2,100.00
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2019 BOND PROGRAM
CITY OF
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ARKANSAS
TO: Chris Brown, Public Works Director
FROM: Dane Eifling, Mobility Coordinator
DATE: April 21, 2022
SUBJECT: Ash Street Traffic Calming
STAFF MEMO
RECOMMENDATION:
Recommending forwarding the plan for the installation of 5 sets of speed cushions on E. Ash
Street between Rayview Dr. and Old Wire Rd to Transportation Committee.
BACKGROUND:
E. Ash Street is has had multiple traffic calming requests dating back to 2008. Under the City's
current traffic calming policy, Ash Street qualified for traffic calming based on traffic speed and
volume studies and street classification. The street was recently repaved and restriped with
narrower lanes and a 5-foot painted buffer space for the sidewalk on the south side. Traffic
studies done after the lane narrowing showed no significant reduction in speeds. Subsequently,
residents of the street successfully gathered signatures for the 60% approval needed to send
plan to install speed cushions on the street to Transportation Committee for consideration.
DISCUSSION:
Based on traffic speed and volume studies conducted by City staff E. Ash Street has an
average speed of 33.4 MPH and an 85th percentile speed of 38.6 MPH and an average of 2,781
VPD. The street scores 75 points on the traffic calming matrix, 35 points ate required to qualify
for traffic calming. The 85th percentile speed being above 35 mph also means the street
automatically qualifies for traffic calming under the City's policy.
This section of Ash Street has higher traffic speed and volumes than typical residential link
streets in Fayetteville. The street could be considered for reclassification as a neighborhood link
street but needs improvements to existing curbs and sidewalks to meet minimum street
standards.
There has been some concern from staff about installing speed cushions on a street with these
relatively high speed and volumes. However, the modular nature of the bolt -down speed
cushions will allow staff flexibility to remove or adjust placements of the speed cushions if
needed in the future.
BUDGET/STAFF IMPACT:
Est. $20,380.00 total material cost
Attachments:
2008 Traffic Study
2022 Traffic Study
Planned layout of speed cushions
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
100 0 100
Scale: I" = 100'
STREET GRADE 10%
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APPROXIMATELY 40OLF DISTANCE BETWEEN SPEED
CUSHION LOCATIONS.
PROPOSED LOCATIONS SUBJECT TO CHANGE BASED
ON RESIDENT INPUT PRIOR TO TRANSPORTATION
COMMITTEE APPROVAL.
FINAL LOCATIONS MAY CHANGE SLIGHTLY DURING
INSTALLATION TO NOT CONFLICT WITH DRIVEWAYS.
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CustomList-123 Page 1
Cust_omList-123 -- English (ENU)
Datasets:
Site:
Direction:
Survey Duration:
File:
Identifier:
Algorithm:
Data type:
Profile:
Filter time:
Included classes:
Speed range:
Direction:
Separation:
Name:
Scheme:
Units:
Column Legend:
0 [Time]
1 [Total]
2 [Mean]
3 [Vpp]
4 [Vbin]
5 [Total]
6 [Drop]
7 [RunTot]
MetroCount Traffic Executive
DefaulU
[ash] volume and speed
8 - East bound A>B, West bound B>A., Lane: 0
9:00 Monday, January 28, 2008 => 11:15 Wednesday, January 30, 2008
C:\Program Files\MetroCount v314\User\Data\ash\2008\Jan\w of austiMash30Jan2008.ECO (Plus)
L393JYGV MC56-6 [MC55] (c)Microcom 02/03/01
Factory default
Axle sensors - Paired (Class, Speed, Count)
9:00 Monday, January 28, 2008 => 11
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
6 - 99 mph.
East, West (bound)
All - (Headway)
Factory default profile
Vehicle classification (Scheme F2)
Non metric (ft, mi, ft/s, mph, lb, ton)
24-hour time (0000 - 2359)
Number in time step
Average speed
Percentile speed
Speed bin totals
Number in time step
15-minute drops (Hour steps only)
Cumulative total vehicles
15 Wednesday, January 30, 2008
CustomList-123 Page 2
* Monday, January 28, 2008
Time
Total
Mean
Vpp
Vbin
Win
Vbin
Win
Vbin
Win
Vbin
Vbin
Vbin
Vbin
Vbin
Vbin
Vbin
Vbin
Win
Total
Drop
Drop
Drop
Drop
RunTot
65
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
10
i5
20
25
30
35
40
45
50
55
60
65
70
75
80
D900
101
31.4
3a.9
0
0
11
11
16
30
24
7
1
1
0
❑
0
0
0
101
2')
24
21
29
101
1000
124
30.9
36.9
0
0
9
13
34
38
20
10
0
0
0
0
0
0
0
124
39
42
18
25
225
1100
147
32.1
38.5
0
2
3
19
29
43
37
11
1
1
0
1
0
0
0
147
40
26
41
40
372
1200
161
32.5
37.8
D
1
2
15
28
64
37
12
1
1
0
0
0
0
0
161
43
35
41
42
533
1300
145
33.2
38.7
0
0
4
13
24
50
36
12
4
2
0
0
0
0
0
145
44
33
32
36
678
1400
150
31.6
36.9
0
0
9
11
29
57
35
8
1
0
0
0
0
0
0
150
33
35
41
41
B2B
1500
255
32.0
37.1
0
1
11
24
34
113
55
14
0
2
0
1
0
0
0
255
43
63
81
68
1083
1600
255
31.7
37.4
0
0
7
24
62
90
58
11
3
D
0
0
0
0
0
255
63
66
68
5B
1338
1700
297
30.9
36.9
0
9
19
25
58
101
62
21
1
1
0
0
0
0
0
297
75
82
83
57
1635
1800
189
30.8
36.5
0
0
12
23
34
77
37
5
1
0
0
0
0
0
0
189
51
46
41
51
1824
1900
121
30.8
36.2
0
0
2
15
36
40
25
3
0
0
0
0
0
0
0
121
35
25
26
35
1945
2000
122
31.3
35.3
0
0
5
9
27
56
17
7
0
0
0
1
0
0
0
122
56
32
22
12
2067
2100
51
30.4
35.8
1)
0
0
13
8
18
10
2
0
0
0
0
0
0
0
51
17
13
12
9
2118
2200
32
31.0
34.2
0
0
1
3
8
15
3
2
0
0
0
0
0
0
0
32
14
8
6
4
2150
2300
22
32.0
36.9
0
0
0
2
4
10
5
1
0
0
0
0
0
0
0
22
B
4
4
6
2172
07-19
1824
31.7
37.6
0
13
87
176
348
663
401
ill
13
a
0
2
0
0
0
1824
458
452
467
447
2172
06-22
2118
31.6
37.1
0
13
94
215
419
777
453
123
13
8
0
3
0
0
O
2118
566
522
527
503
2172
06-00
2172
31.6
37.1
0
13
95
220
431
802
461
126
13
8
0
3
0
0
0
2172
588
534
537
513
2172
00-00
2172
31.6
37.1
0
13
95
220
431
802
461
126
13
B
0
3
0
0
0
2172
588
534
537
513
2172
* Tuesday, January 29, 2008
Time
Total
Mean
Vpp
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Total
Drop
Drop
Drop
Drop
RunTot
85
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
10
15
20
25
30
35
40
45
50
55
60
65
70
75
80
0000
13
32.3
36.9
0
0
0
2
2
4
4
1
0
0
0
0
0
0
0
13
1
7
4
1
2185
0100
5
28.1
-
0
0
1
1
1
1
1
0
0
0
0
0
0
0
0
5
3
1
1
0
2190
0200
4
31.5
-
0
0
0
0
1
2
1
0
0
0
0
0
0
0
0
4
2
0
0
2
2194
0300
3
35.5
-
0
0
0
0
0
2
1
0
0
0
0
0
0
D
0
3
1
1
0
1
2197
0400
7
32.3
-
0
0
0
2
0
4
0
0
0
1
0
0
0
0
0
7
2
0
2
3
2204
0500
14
35.2
42.1
0
0
0
0
2
5
4
3
0
0
0
0
0
0
0
14
1
7
2
4
2218
0600
49
31.5
37.6
0
1
2
5
9
18
11
1
1
1
0
0
0
0
0
49
8
10
16
15
2267
0700
284
32.2
37.8
0
2
13
18
59
102
70
15
5
0
0
0
0
D
0
284
25
51
80
12B
2551
0800
258
31.1
36.7
0
1
16
21
59
89
65
5
2
0
0
0
0
0
0
258
126
54
41
37
2809
0900
123
31.4
38.9
0
2
6
21
13
41
27
13
0
0
0
0
0
0
0
123
29
35
27
32
2932
1000
131
31.9
37.8
1
0
4
17
22
41
37
9
0
0
0
0
0
0
0
131
36
29
37
2B
3063
1100
142
33.8
39.6
0
0
6
12
16
37
51
17
3
0
0
0
0
D
0
142
37
36
30
39
3205
1200
191
32.3
38.0
0
1
7
19
37
64
40
17
5
0
1
0
0
0
0
191
49
40
51
51
3396
1300
137
32.1
38.0
0
0
4
17
31
37
34
11
1
2
0
0
0
0
0
137
46
32
30
29
3533
1400
159
32.1
37.4
1
1
2
11
35
58
46
5
0
0
0
0
0
0
0
159
37
32
44
46
3692
1500
270
32.6
37.6
0
1
7
21
51
102
67
18
2
1
0
0
0
0
0
270
53
73
91
53
3962
1600
196
31.2
38.5
0
2
8
28
41
58
40
17
1
1
0
0
0
0
0
196
43
40
60
53
4158
1700
275
31.8
37.6
0
0
8
42
49
88
65
20
2
1
0
0
0
0
0
275
66
77
66
66
4433
1800
171
31.8
36.9
1
0
3
19
34
74
30
5
4
1
0
0
0
0
0
171
43
40
50
38
4604
1900
105
32.1
38.0
0
0
2
8
24
38
28
4
1
0
0
0
0
0
0
105
29
29
28
19
4709
2000
88
31.6
38.0
1
0
4
8
16
30
24
5
0
0
0
0
0
0
0
88
26
30
16
16
4797
2100
58
30.4
34.7
0
0
0
8
19
22
8
1
0
0
0
0
0
D
0
5B
15
18
19
6
4855
2200
34
31.3
36.7
0
0
2
5
5
12
7
3
0
0
0
0
0
D
D
34
9
9
5
11
4889
2300
23
30.7
37.6
0
0
1
1
10
6
5
0
0
0
0
0
0
0
0
23
5
7
5
6
4912
07-19
2337
32.0
37.8
3
10
64
246
447
791
572
152
25
6
1
0
0
0
0
2337
592
538
607
600
4912
06-22
2637
31.9
37.8
4
11
92
275
515
899
643
163
27
7
1
0
0
0
0
2637
670
625
6B6
656
4912
06-00
2694
31.9
37.8
4
11
95
281
530
917
655
166
27
7
1
0
0
0
0
2694
684
641
696
673
4912
00-00
2740
31.9
37.8
4
11
96
286
536
935
666
170
27
a
1
0
0
0
0
2740
694
657
705
684
4912
* Wednesday, January 30, 2008
Time
Total
Mean
Vpp
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Win
Vbin
Win
Total
Drop
Drop
Drop
Drop
RunTot
85
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
--Do
--15
--30
--45
10
15
20
25
30
35
40
45
50
55
60
65
70
75
8o
0000
11
2U.7
34.9
D
0
0
5
1
3
2
0
0
0
0
0
b
0
O
11
4
4
0
4921
0100
9
31.4
-
0
0
0
0
2
5
2
0
0
0
0
0
0
0
0
9
2
2
3
2
4932
0200
7
29.6
-
0
0
0
2
1
4
0
0
0
0
0
0
0
0
0
7
4
2
1
0
4939
0300
1
27.3
-
a
0
0
0
1
0
0
0
0
0
0
0
0
0
0
1
0
0
0
1
4940
0400
6
31.2
-
0
0
0
1
2
2
0
1
0
0
0
0
0
0
D
6
0
2
0
4
4946
0500
16
31.2
36.0
0
0
0
2
4
4
6
0
0
D
0
0
D
a
0
16
3
4
1
8
4962
0600
47
29_6
36.5
1
1
3
6
10
13
11
2
0
0
0
0
0
0
0
47
5
9
12
21
5009
0700
293
32.5
38.0
0
0
20
14
44
104
87
21
3
0
0
0
0
0
0
293
30
51
83
129
5302
0800
272
31.4
37.1
0
2
16
18
61
104
55
14
1
1
0
0
0
0
0
272
135
62
39
36
5574
0900
15
32.6
36.5
0
0
1
0
3
5
6
0
0
0
0
0
0
0
0
15
15
0
0
0
5589
07-19
580
32.0
37.4
0
2
37
32
108
213
146
35
4
1
0
O
0
0
0
SBO
180
113
122
165
5589
06-22
627
32.8
37.4
1
3
40
38
lie
226
159
37
4
1
0
O
0
0
0
627
185
122
134
186
5589
06-00
627
31.6
37.4
1
3
40
36
lie
226
159
37
4
1
0
O
0
0
0
627
185
122
134
186
5589
00-00
677
31.7
37.4
1
3
40
48
129
244
169
38
4
1
0
0
0
0
0
677
19B
136
142
201
5589
SpeedStatHour-148 Page 1
MetroCount Traffic Executive
Speed Statistics by Hour
SpeedStatHour-148 -- English (ENU)
Datasets:
Site:
Attribute:
Direction:
Survey Duration:
Zone:
File:
Identifier:
Algorithm:
Data type:
Profile:
Filter time:
Included classes:
Speed range:
Direction:
Separation:
Name:
Scheme:
Units:
In profile:
[Ash St] ^
4 - West bound, A trigger first. Lane: 1
12:18 Wednesday, January 26, 2022 => 12:48 Friday, January 28, 2022,
Ash St 0 2022-01-28 1249.EC1 (Plus )
DD799A8Z MC56-1-5 [MC55] (c)Microcom 19Oct04
Factory default axle (v5.07)
Axle sensors - Paired (Class/Speed/Count)
13:00 Wednesday, January 26, 2022 => 12:00 Friday, January 28, 2022 (1.95833)
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
6-99mph.
North, East, South, West (bound), P = West, Lane = 0-16
Headway > 0 sec, Span 0 - 328.084 ft
Default Profile
Vehicle classification (Scheme F3)
Non metric (ft, mi, ft/s, mph, lb, ton)
Vehicles = 5562 / 5700 (97.58%)
SpeedStatHour-148 Page 2
Speed Statistics by Hour
SpeedStatHour-148
Site:
Ash St.1.OW
Description:
^
Filter time:
13:00 Wednesday, January 26, 2022 => 12:00 Friday, January 28, 2022
Scheme:
Vehicle classification (Scheme F3)
Filter:
Cls(1-13) Dir(NESW) Sp(6,99) Headway(>O) Span(O - 328.084) Lane(0-16)
Vehicles = 5562
Posted speed limit = 37 mph, Exceeding = 1260 (22.65%), Mean Exceeding = 40.31 mph
Maximum = 74.4 mph, Minimum = 7.9 mph, Mean = 33.5 mph
85% Speed = 38.59 mph, 95% Speed = 41.94 mph, Median = 33.44 mph
12 mph Pace = 27 - 40, Number in Pace = 4433 (79.70%)
Variance = 26.31, Standard Deviation = 5.13 mph
Hour Bins (Partial days)
Time I Bin I Min I Max I Mean I Median 1 85% 1 95%
0000 1
22
0.396% 1
23.1 1
46.3 1
34.6 1
33.8
1 41.5 1
46.3
0100 1
10
0.180% 1
25.2 1
46.0 1
36.8 1
39.8
1 43.9 1
46.0
0200 1
14
0.252% 1
19.0 1
43.3 1
32.4 1
32.4
1 41.4 1
43.3
0300 1
6
0.108% 1
27.6 1
48.5 1
36.7 1
36.1
1 48.1 1
48.5
0400 1
12
0.216% 1
27.3 1
47.8 1
34.9 1
33.5
1 41.1 1
47.8
0500 1
37
0.6650 1
25.7 1
46.2 1
34.4 1
33.3
1 39.2 1
44.5 1
0600 1
92
1.654% 1
18.9 1
47.1 1
32.6 1
32.1
1 38.2 1
45.0 1
0700 1
613
11.02% 1
20.3 1
46.2 1
32.4 1
32.4
1 37.1 1
39.9 1
0800 1
560
10.07% 1
17.1 1
52.8 1
32.7 1
32.5
1 37.7 1
40.7
0900 1
206
3.7040 1
9.0 1
61.9 1
32.8 1
32.4
1 38.5 1
42.4
1000 1
213
3.8300 1
8.9 1
45.1 1
32.4 1
32.8
1 38.0 1
41.1
1100 1
281
5.052% 1
17.4 1
49.4 1
33.7 1
33.8
1 38.8 1
42.2
1200 1
137
2.463% 1
21.1 1
47.7 1
34.6 1
35.0
1 39.7 1
42.9
1300 1
287
5.1600 1
7.9 1
53.9 1
33.7 1
33.8
1 39.0 1
42.5 1
1400 1
319
5.735% 1
23.7 1
49.8 1
34.9 1
34.8
1 40.3 1
43.8 1
1500 1
671
12.06% 1
17.1 1
56.6 1
33.9 1
33.9
1 38.1 1
41.5 1
1600 1
606
10.90% 1
11.3 1
52.7 1
33.3 1
33.2
1 38.9 1
42.4
1700 1
694
12.48% 1
12.7 1
51.3 1
33.8 1
33.7
1 38.1 1
41.7
1800 1
309
5.556% 1
10.8 1
51.4 1
34.1 1
34.1
1 39.4 1
42.4
1900 1
182
3.272% 1
23.3 1
56.1 1
34.5 1
34.1
1 39.4 1
43.6
2000 1
136
2.445% 1
24.7 1
46.8 1
34.7 1
34.9
1 38.5 1
42.0
2100 1
79
1.420% 1
18.8 1
74.4 1
34.5 1
33.1
1 39.9 1
45.3 1
2200 1
45
0.809% 1
24.7 1
55.9 1
34.8 1
33.1
1 40.6 1
50.7 1
2300 1
31
0.557% 1
24.6 1
58.7 1
34.6 1
32.5
1 41.0 1
52.3 1
---- 1
5562
100.0% 1
7.9 1
74.4 1
33.5 1
33.4
1 38.6 1
41.9 1
>PSL
37 mph
6 27.270
6 60.00%
3 21.430
3 50.00%
4 33.330
10 27.030
20 21.740
95 15.500
106 18.930
45 21.840
43 20.190
65 23.130
47 34.310
64 22.300
98 30.720
151 22.500
130 21.450
138 19.880
85 27.510
54 29.670
43 31.620
22 27.850
15 33.330
7 22.580
1260 22.65%
Ii
CITY OF
FAYETTEVILLE
ARKANSAS
April 21 t", 2022 Transportation Committee Memo
Re: Transportation Alternatives Program Grant — 1-49 & MLK Interchange
RECOMMENDATION:
Staff recommends approval of a resolution expressing the willingness to apply for federal -aid
funds and allow staff to submit an application of an 80% federal 20% local matching grant
through the Arkansas Department of Transportation - Transportation Alternatives Program for
an award of up to $500,000 and City match of $125,000 to be used to fund active transportation
elements for the 1-49 and MLK (Hwy62) interchange project.
BACKGROUND:
The Arkansas Department of Transportation (ARDOT) is in the design phase for improving the
interchange of 1-49 and MLK (Hwy 62). The Fayetteville Active Transportation Master Plan
identifies the Shiloh Trail along the west side of the interchange and the Tsa La Gi Trail along
the south side MLK. These important connections need to be incorporated during the design
phase of the new interchange. City staff has been in discussions with ARDOT and have
proposed extending a 12-foot-wide shared use trail and a grade separated crossing under MLK
for the Shiloh Trail. In addition, the city proposes widening the standard sidewalk to a 12-foot-
wide shared use trail for the Tsa La Gi Trail along the south side of MLK for the extent of the
project. This trail along MLK will provide a critical bicycle and pedestrian connection through the
interchange and on west to Walmart.
Based on the current ARDOT bicycle accommodation policy from 2005, the department will fund
the construction of 5-foot-wide sidewalks and will construct bike lanes in the highway that have
proven unsafe and underutilized. The policy considers a separated shared use path to be for
recreation and is not eligible for funding as part of the project. Therefore, the City will be
responsible for the cost to incorporate safe infrastructure for bicycles and pedestrians through
this busy interchange.
DISCUSSION:
The Arkansas Department of Transportation is currently accepting applications for funding
through the Transportation Alternatives Program. The proposed active transportation
improvements proposed are eligible for funding through this grant program. In addition, since
this is a projecting being designed and constructed through the Arkansas Department of
Transportation the funding can be applied directly to the project with minimal staff time
necessary to manage the grant.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The total estimated cost for the active transportation related elements is $1,700,000. The
maximum award amount for the Transportation Alternatives Program grant is $500,000 and
additional funding has been programed through phase II Trail bond funds. If the grant is
approved and fully funded, the City will be responsible for 20% of the total project cost, or
$125,000.
The Active Transportation Advisory Committee reviewed the project proposal during their March
9th meeting and voted unanimously to forward the request to apply.
City of Fayetteville Staff Review Form
2022-0349
Legistar File ID
5/3/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 4/13/2022 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a contract with NEC, Inc. in the amount of $1,752,736.50 for the construction of the W. Center Street
and N. Harmon Avenue Intersection Project, approval of a project contingency of $175,000 (10%) and approval of a
budget adjustment.
4602.860.7219-5809.00
Account Number
46020.7219
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Budget Impact:
4602 - Streets Project (2019 Bonds)
Fund
Center St./Harmon Ave. Intersection
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
1,176,069.00
$
66,342.96
a
1,109,726.04
$
1,927,736.50
$
828,752.00
10,741.54
V20210527
Previous Ordinance or Resolution #
Approval Date:
Comments: Item Cost includes contract amount of $1,752,736.50 plus contingency of $175,000.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF MAY 3, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
CITY COUNCIL MEMO
FROM: Matt Casey, Engineering Design Manager
DATE: April 13, 2022
SUBJECT: Approval of a contract in the amount of $1,752,736.50 with NEC, Inc. for the
construction of the W. Center Street and N. Harmon Avenue Intersection
Project, approval of a project contingency of $175,000 (10%) and approval
of a budget adjustment.
RECOMMENDATION:
Approval of a contract in the amount of $1,752,736.50 with NEC, Inc. for the construction of the
W. Center Street and N. Harmon Avenue Intersection Project, approval of a project contingency
of $175,000 (10%) and approval of a budget adjustment.
BACKGROUND:
The Center and Harmon intersection is a priority project in the 2019 Bond Program. Located
between the University of Arkansas and Fayetteville High School, this intersection has a high
volume of both vehicular and pedestrian traffic. With the awkward vertical grades and horizontal
alignment of the intersection, it makes for a difficult intersection to navigate. This project will
include some minor alignment changes, a traffic signal and turn lanes to the west and north legs
of the intersection. Pedestrian accommodations will be included with the signal installation as
well. The City Council approved a design contract with McClelland Engineers, Inc. for this
project on November 5, 2019.
DISCUSSION:
On April 12, 2022, the City received one (1) construction bids for this project. NEC, Inc.
submitted the low bid of $1,752,736.50. Engineering staff recommends awarding this contract
to NEC, Inc. The contract time is 150 days (5 months) for substantial completion.
BUDGET/STAFF IMPACT:
This project is funded by the 2019 Transportation Bond Program. There was $1,300,000.00
allocated in the Transportation Bond Fund for the W. Center Street and N. Harmon Avenue
Intersection Project. The land acquisition of this project was $54,700.00 The design and
construction management contract is for $179,765.00. With this construction contract, it brings
the current project total to $1,987,201.50.
Attachments:
Section 0500 Agreement
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: HARMON AVENUE & CENTER STREET INTERSECTION
IMPROVEMENTS
Contract No.:
THIS AGREEMENT is dated as of the day of
in the year 2022 by and
between The City of Fayetteville, Arkansas and NEC, Inc. (hereinafter called Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall compete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to:
The contract includes construction of roadway widening of Clinton Dr. and Harmon
Ave. as they approach the intersection of Hamon Ave. and Center St./ Clinton Dr., in
order to accommodate proposed turn lanes, and approximately 150 LF of
reconstructed Oak Ridge Trail realigned to fit the needs of the expanded roadway,
23,300 SF of 2" asphalt mill & overlay, a reinforce concrete retaining wall and four
block retaining walls of variable heights, associated earthworks curb & gutter,
sidewalk, driveway tie-ins and striping, installation of electrical conduit to assist with
the relocation of overhead electric to underground electric and intersection
signalization. Construction of stormwater drainage improvements that are not in the
direct vicinity of the intersection are also included.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by the City of Fayetteville, Engineering Division, 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.
19-2170 Harmon Ave. & Center St. 00500 - 1
Agreement
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 210 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 245 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, the City of Fayetteville and
Contractor agree that as liquidated damages for delay (but not as a penalty)
Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars
($750.00) for each calendar day that expires after the time specified above in
Paragraph 3.02 for Substantial Completion until the remainder of 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
19-2170 Harmon Ave. & Center St. 00500 - 2
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) 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.
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.
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.
19-2170 Harmon Ave. & Center St. 00500 - 3
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
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).
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.
2. 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
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.
19-2170 Harmon Ave. & Center St. 00500 - 4
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
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
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
19-2170 Harmon Ave. & Center St. 00500 - 5
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
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
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.
19-2170 Harmon Ave. & Center St. 00500 - 6
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
d. Federal funding documentation
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
HARMON AVENUE & CENTER STREET INTERSECTION
IMPROVEMENTS
8. Addenda numbers one (1) to one (1), inclusive.
9. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
19-2170 Harmon Ave. & Center St. 00500 - 7
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
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.
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.
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
19-2170 Harmon Ave. & Center St. 00500 - 8
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
19-2170 Harmon Ave. & Center St. 00500 - 9
Agreement
DOCUMENT 00500 — AGREEMENT; CONTINUED
This Agreement will be effective on , 2022, which is the
Effective Date of the Agreement.
NEC, Inc. CITY OF FAYETTEVILLE
By: 16&
Title: V P
(SEAL)
4Attest ,
Address for giving notices
s 7�1
License No. 014878422
Agent for Service of process
N ic-NAr,1L 46r- r ssA R `(
(If Contractor is a corporation,
attach evidence of authority to
sign.)
Title:
(SEAL)
Attest
Address for giving notices
(attach evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For:
END OF DOCUMENT 00500
19-2170 Harmon Ave. & Center St. 00500- 10
Agreement
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1 INTERSECTION
19 CONCEPT PLAT
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
BID 22.30, CONSTRUCTION - CENTER AND HARMON INTERSECTION REBID
DEADLINE: TUESDAY, APRIL 12, 2022 BEFORE 2:00 PM, LOCAL TIME
25% Additional Allowance Allowed Per State Law $ 625,000.00
Maximum Award Amount $ 3,125,000.00
SUMMARY OF ALL BID SCHEDULES
NEC, INC.
TOTAL BASE BID $ 1,752,736.50
NEC. Inc (N.E.C., Inc.)
Line Description UOM CITY Unit Extended
Lump Sum Bid (DO NOT INCLUDE PRICING FOR ACT 291, 1993
1 TRENCH and EXCAVATION SAFETY SYSTEMS IN THIS LINE ITEM) LS 1 $1,752,735.50 $1,752,735.50
2 Act 291, 1993 Trench and Excavation Safety Systems LS 1 $1.00 $1.00
Total $1,752,736.50
Jonathan Smith Digitally signed by Jonathan Smith
Date: 2022.04.12 16:19:57-05'00'
Jonathan Smith, Purchasing Agent Date
Andrea Foren Digitally signed by Andrea Foren
Date: 2022.04.12 18:39:07-05'00'
Andrea Foren, Purchasing Manager Date
2425 S. 5th Place
Rogers. AR 7278
To:
City Of Fayetteville
Contact:
Address:
113 W. Mountain Street
Phone:
Fayetteville, AR 72701
Fax:
Project Name:
Center And Harmon Intersection Rebid
Bid Number:
Project Location:
Bid Date: 4/12/2022
We appreciate the chance to bid this work with you. Please call with any questions for clarification.
Item #
Item Description
Estimated Quantity Unit
Unit Price
Total Price
1
Roadway Construction Control
1.00 LS
$9,907.50
$9,907.50
2
Act 291, 1993 Trench And Excavation Safety Systems
1.00 LS
$1.00
$1.00
3
Erosion Control
1.00 LS
$24,422.00
$24,422.00
4
Traffic Control And Maintenance
1.00 LS
$7,603.00
$7,603.00
5
Clearing, Grubbing And Demolition
1.00 LS
$85,450.00
$85,450.00
6
Mobilization (Not To Exceed 5% Of Bid)
1.00 LS
$53,200.00
$53,200.00
7
Unclassified Excavation (Plan Quantity)
1,700.00 CY
$37.50
$63,750.00
8
Select Fill (Plan Quantity)
450.00 CY
$62.50
$28,125.00
9
Embankment (Plan Quantity)
100.00 CY
$142.50
$14,250.00
10
Rock Excavation (Allowance)
90.00 CY
$667.00
$60,030.00
11
Under Cut & Stone Backfill (Allowance)
100.00 TON
$75.50
$7,550.00
12
4" Topsoil Placement & Select Grading
825.00 SY
$26.50
$21,862.50
13
6" Depth Class 7 Aggregate Base
800.00 SY
$30.50
$24,400.00
14
4" Depth Class 7 Aggregate Base
710.00 SY
$11.00
$7,810.00
15
2" ACHM Surface Course
285.00 TON
$258.00
$73,530.00
16
3" ACHM Binder Course
70.00 TON
$444.50
$31,115.00
17
6" Concrete Pavement
30.00 SY
$210.00
$6,300.00
18
2" Asphal Milling
2,331.00 SY
$10.00
$23,310.00
19
4' Junction Box
4.00 EACH
$6,052.00
$24,208.00
20
4' Drop Inlet
3.00 EACH
$4,973.00
$14,919.00
21
4' X 8' Rectangular Drop Inlet
1.00 EACH
$7,511.00
$7,511.00
22
4' Grated Inlet
1.00 EACH
$8,791.00
$8,791.00
23
4' Reverse Throat Inlet
2.00 EACH
$5,640.00
$11,280.00
24
4' Combination Inlet W/ 8' Extensions
2.00 EACH
$2,728.00
$5,456.00
25
4' Inlet Extension
1.00 EACH
$3,548.00
$3,548.00
26
8' Inlet Extension
4.00 EACH
$2,432.00
$9,728.00
27
18" RCP- Under Pavement
481.00 LF
$72.50
$34,872.50
28
18" RCP
193.00 LF
$40.50
$7,816.50
29
T-Patch Over Offsite Drainage
47.00 SY
$224.00
$10,528.00
30
Concrete Swale
41.00 SY
$179.50
$7,359.50
31
Concrete Curb And Gutter
952.00 LF
$12.00
$11,424.00
32
Modified Curb And Gutter
173.00 LF
$40.00
$6,920.00
33
12" Concrete Ribbon Curb
295.00 LF
$37.00
$10,915.00
34
6" Curb At Drainage Swales
50.00 SY
$443.00
$22,150.00
35
Concrete Driveway Approach With Asphalt Pavers
45.00 SY
$400.50
$18,022.50
(Complete)
36
Concrete Driveway Aprons
30.00 SY
$136.50
$4,095.00
37
Concrete Driveway (Complete, Including Class 7 Base)
320.00 SY
$77.50
$24,800.00
38
Aggregate Base Course Driveway
21.00 SY
$195.50
$4,105.50
39
(4" Depth) Concrete Sidewalk
485.00 SY
$57.50
$27,887.50
40
Concrete Trail
150.00 SY
$200.00
$30,000.00
4/13/2022 1:21:17 PM Page 1 of 3
Item #
Item Description
Estimated Quantity Unit
Unit Price
Total Price
41
Courtstone Pavers, Complete
695.00 SF
$38.00
$26,410.00
42
4" Yellow Trail Striping (Solid, Painted)
130.00 LF
$2.50
$325.00
43
4" Yellow Trail Striping (Skip, Painted)
5.00 LF
$2.50
$12.50
44
6" Yellow Double Solid Striping (Thermoplastic)
550.00 LF
$4.00
$2,200.00
45
6" White Solid Striping (Thermoplastic)
250.00 LF
$2.00
$500.00
46
6" Yellow Solid Striping (Thermoplastic)
160.00 LF
$2.00
$320.00
47
6" White Dashed Striping (2' Line, 2' Space)
145.00 LF
$2.00
$290.00
48
8" Wide Double Yellow Traffic Lane Stripes, 48" O.C.
85.00 LF
$7.50
$637.50
@45 Degrees
49
12" Wide Stop Bar, White (Thermoplastic)
98.00 LF
$19.00
$1,862.00
50
12" Wide White Solid Thermoplastic Crosswalk Striping
557.00 LF
$19.00
$10,583.00
51
"ONLY" Pavement Text, (Thermoplastic)
3.00 EACH
$633.50
$1,900.50
52
Pavement Symbols, (Thermoplastic)
13.00 EACH
$570.50
$7,416.50
53
Cast -In -Place Tactile Panels
67.00 SF
$23.00
$1,541.00
54
Cast -In -Place Tactile Panels (U Of A Standard)
150.00 SF
$41.50
$6,225.00
55
Cast -In -Place Concrete Retaining Wall (Wall 1)
15.00 LF
$681.50
$10,222.50
56
U Of A Standard Block Retaining Wall (Walls 2-5)
2,963.00 SF
$40.50
$120,001.50
57
U Of A Standard Contemporary Handrail (steel Handrail)
182.00 LF
$247.00
$44,954.00
58
Flowable Select Material
110.00 CY
$234.00
$25,740.00
59
Remove And Reinstall Trail Light Fixture (Including New
1.00 EACH
$16,958.00
$16,958.00
Base)
60
Bollards, Complete
2.00 EACH
$1,431.00
$2,862.00
62
Relocation Of Various U Of A And Parking Signs
6.00 EACH
$443.50
$2,661.00
(Included New Bases)
63
Steel Handrail
15.00 LF
$360.50
$5,407.50
64
Remove And Replace Mailboxes
2.00 EACH
$443.50
$887.00
65
Sodding (Excludes Topsoil)
825.00 SY
$10.50
$8,662.50
66
Project Signs
2.00 EACH
$1,014.00
$2,028.00
67
System Local Controller TS2-Type 2 (8 Phases)
1.00 EACH
$41,185.00
$41,185.00
68
Local Radio With Antenna
1.00 EACH
$5,069.00
$5,069.00
69
Antenna Cable (Type 6)
200.00 LF
$6.50
$1,300.00
70
Traffic Signal Head, LED, (3 Section, 1 Way)
9.00 EACH
$1,901.00
$17,109.00
71
Traffic Signal Head, LED, (4 Section, 1 Way)
2.00 EACH
$2,218.00
$4,436.00
72
Countdown Pedestrian Signal Head, LED
8.00 EACH
$3,168.00
$25,344.00
73
Electrical Conductors -In -Conduit (1C/8 A.W.G)
275.00 LF
$3.00
$825.00
74
Electrical Conductors -In -Conduit (1C/12 A.W.G.)
175.00 LF
$1.50
$262.50
75
Electrical Conductors -In -Conduit (2C/ A.W.G.,E.G.C.)
525.00 LF
$4.00
$2,100.00
76
Electrical Conductors For Luminaires
1,000.00 LF
$4.00
$4,000.00
77
Traffic Signal Cable (5C/14 A.W.G)
600.00 LF
$3.00
$1,800.00
78
Traffic Signal Cable (7C/14 A.W.G)
250.00 LF
$4.00
$1,000.00
79
Traffic Signal Cable (20C/14 A.W.G.)
425.00 LF
$5.50
$2,337.50
80
Non -Metallic Conduit (3")
400.00 LF
$57.00
$22,800.00
81
Non -Metallic Conduit (1.25)
100.00 LF
$31.50
$3,150.00
82
Concrete Pull Box (Type 2 HD)
8.00 EACH
$2,534.00
$20,272.00
83
Traffic Signal With Two Mast Arms With Luminaire And
2.00 EACH
$63,361.00
$126,722.00
Pole With Foundation (35 Ft.)
84
Luminaire Assembly
3.00 EACH
$1,901.00
$5,703.00
85
Service Point Assembly (2 Circuits)
1.00 EACH
$4,435.00
$4,435.00
86
Pole With Foundation, Pedestrian Heads, & Push
1.00 EACH
$30,413.00
$30,413.00
Buttons(35') (Pole C)
87
Pedestrian Pole With Foundation, Pedestrian Heads, &
4.00 EACH
$19,008.00
$76,032.00
Push Buttons (10')
88
Video Detector (CLR)
8.00 EACH
$4,815.00
$38,520.00
89
Video Cable (Exterior Cat 5E)
1,500.00 LF
$3.00
$4,500.00
90
Video Monitor (CLR)
1.00 EACH
$3,485.00
$3,485.00
91
Video Processor, Edge Card (2 Camera)
1.00 EACH
$8,237.00
$8,237.00
92
Vehicle Detector Rack (16 Channel)
1.00 EACH
$5,702.00
$5,702.00
93
18" Street Name Sign
4.00 EACH
$1,901.00
$7,604.00
94
2" Gray Schedule 40 Electrical Conduit, In Trench
902.00 LF
$35.00
$31,570.00
95
3" Gray Schedule 40 Electrical Conduit. In Trench
312.00 LF
$57.00
$17,784.00
96
6" Gray Schedule 40 Electrical Conduit, In Trench
460.00 LF
$142.00
$65,320.00
4/13/2022 1:21:17 PM Page 2 of 3
Item #
Item Description
Estimated Quantity Unit
Unit Price
Total Price
97
2" GRC Conduit, In Trench
15.00 LF
$38.00
$570.00
98
Pull Boxes (Installed)
1.00 EACH
$4,435.00
$4,435.00
99
3 #6 AWG Conductors (Installed)
15.00 LF
$5.50
$82.50
100
3 #12 AWG Conductors (Installed)
16.00 LF
$4.00
$64.00
101
Electric Utility Service Installed, As Necessary (Including
1.00 EACH
$19,008.00
$19,008.00
All Utility Costs Associated With Operation, Secondary
Service Conduit And Conductor, And Commercial Power
Pedestal Installed)
ACCEPTED: CONFIRMED:
The above prices, specifications and conditions are satisfactory and N.E.C., Inc.
are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
4/13/2022 1:21:17 PM
Authorized Signature:
Estimator:
Total Bid Price: $1,752,736.50
Page 3 of 3
MERCHANTFS y
BONDING COMPANY-,,
hi RCJJANITNATION'A] f'.l_). 1�t-)a 14478• DEL MOI.'-,J1 �,,, It)w,% So3oo-311m
l'sJR-)PlL: t8t7(h 111N>-8171 F r5171 24'A 58,54
BID BOND
PUBLIC WORK
KNOW ALL PERSONS BY THESE PRESENTS
That N.E.C"..I.A.c, ---
(hereinafter called the Principal) as Principal. and the
(hereinafter callers Surety), as Surety, are held and firmly bound to
of f'avetteville
(hereinafter called the Obligee) in the full and just sum of ( 5'%, GAIli
Bond No. N/A
%loyIianls NaLi njal lionding- Inc.
rive Percent of the Greatest Anrounl laid Dollars
good and lawful money of the United States of America, to the payment of which sum of money well and truly to be
made, the Principal and .Surety bind themselves, thelr .heirs. executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
Signed and dated this 12th
day of .April
2022
THE CONDITION OF THIS OBLIGATION IS SUCH. that, if the Obligee shall make any award to the Principal for
Center and Ilai-mon Intersection Rebid: Road Improvements, Storm Drainage
according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and
enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give
bond for the faithful performance thereof with the M rchants Natimial Bonding. Into. , as Surety; or with
other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee
the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this
obligation shall be null and void: otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed
i
Erm 14
Principal
By
Merdh,inis Niniomil Bondin+,. lnc.
5{r� nc F;li�ahelb !�ietl� •i�'cs.r r
Attorney m-Fact �J
CON 0333 (2/15)
M ERCHANTS
R 0 NYI-3 I N C► .; 0 M 1' A N Y
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUI UAL) and MERCHANTS NATIONAL BONDING, INC..
both being corporations of the State of Iowa (herein collectively called the'Conipanfes) do hereby make, constilule and appoint, individually.
Andrea Rose Crawford -,.Cheri Lynn Irby: Colin E Conly, Debra l,ee Moon; John William Newby; Joshua D Trill, Sandra Lee Roney. {Suzanne
Elizabeth Ntedzwiedz: Troy Russell Key
their true and lawful Attomey(s)•in-Fact, to sign its narne as surOy(ies) and to execute, seal and acknowledge any and all bonds. undertakings,
contracts and other written instruments in the nature lhereof- on behalf of the Companies in their business of guaranteeing the fidelily of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law -
This Power -of -Attorney is granted arrrf is signed and sealed by facsimile under and by authority of the following lay -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14. 2015 and adopted by the Board of Directors of
MerchanlsNationat Bonding, Inc., on October 16- 2015.
'The President. Secuelary. Treasurer, or any Assistant 7reasirfer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -in -Fact. and to authorize theme to execute on behalf of the Company. and attach the seal Df the Company thereto,
bonds and undertakings, recognizances- contracts of indernnity and other writings obligatory in the nature thereof."
'The signature Of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other surelyship otAgalions of tfre
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed "
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and Wit hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construcluhn
contracts required by the State of Florida Department of Transportation It is fully understood that consenti ncJ to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of
its obligations under its bond -
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Facl cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modi6calion or revocation -
In Witness Whereof. the Companies have caused this inslniment to be signed and sealed this 20th day of January 2022
06 co
IMERC HA :� G r�tPgR '- : Qa M1rERCHANTs NATIONAL OBONDING CONDIItG•ANY ` INC,
ilALl
0% 2003 - o : : y � 1933 :' c; By..A
%
14 � . : �••
STATE OF IOWA o i ' ••
COUNTY OF DAI t AS sS ••"r•••.N•'• •■' • r.
On this 20th day of January 21122 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAI.) and MFRCHANTS NA71ONAL BONDING. INC.: and ]hat the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said "instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors,
�PRIR(� PALLY MASON
z . • , Commission Number 750576
My Commission Expires��
• �. • January 07, 2023
ldolmy Public
(Expiration of notary's commission does not invalidate this instrument)
1, \Ahlliam Warner. ,1r Secretary of MERCHANTS BONDING COMPANY (MU tUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April 2022
�........... ........
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ADDENDUM TO BOND
This Addendum is in reference to the bond(s) to which it is attached.
Merchants National Bonding. Inc. (`-Merchants") deems the digital or electronic image of
Merchants' corpor-ale seal below affixed to the bond(s) to the sane: extern as it"a raised corporate seal was
physically stamped or impressed ul)on the bond(s). The digital or electronic seal below shall have the same
force and effect as though manually fixed to the bond(s).
All terms of the bond(s) remain the same.
Signed and effective March 23. 2020,
MERCHANTS NATIONAL BONDING, INC.
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Larry Taylor. P esidem
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 0400 -BID FORM
Contract Name: HARMON AVENUE & CENTER STREET INTERSECTION
IMPROVEMENTS
Bid Number: 22-30
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: NEC, Inc.
Colin Necessary
ARTICLE l -BIDDER'S Iti'1'i✓N
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.
ARTICL l? 2 _ TFRNIS AND S-QJS1) [-10 S
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.
19-2170 Hannon Ave. & Center St. 00400 — 1
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00400 —1311) 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
4-1-2022
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,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
19-2170 Harmon Ave. & Center St. 00400 — 2
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00400 -BID FORM (continued)
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 ofthis
Bid for performing and furnishing of the Work in accordance with the times,
price, and other terms and conditions of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and
others at the Site that relates to Work for which this Bid is submitted as
indicated in the Contract Documents.
H. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Site, reports, and drawings identified
in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities,
or discrepancies that Bidder has discovered in the Contract Documents, and
the written resolution thereof by Engineer is acceptable to Bidder.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the
Work for which this Bid is submitted.
K. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm, or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization, or
corporation; Bidder has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham bid; Bidder has not solicited or
induced any person, firm, or a corporation to refrain from bidding; and
Bidder has not sought by collusion to obtain for himself any advantage over
any other Bidder or over Owner.
i 9-2170 Harmon Ave. & Center St. 00400 — 3
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00400 —BID FORM (continued)
L. Bidder will perform the Work in compliance with all applicable trench safety
standards set forth in Occupational Safety and Health Administration
(OSHA) Part 1926 — Subpart P — Excavations.
ARTICLE 4 - BID PRICE
Bidder will complete the Work in accordance with the Contract Documents
for the following price(s):
Refer to the City's
electronic bidding portal
to submit bid pricing
19-2170 Harmon Ave. & Center St. 00400 — 4
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
fl JME?NT 0 E4 —ItIQ E� RM (continued)
ARTICLE 5 - CONTRACT TIMES
5.01 Bidder agrees that the Work will be substantially completed and completed andready
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 and in the amount of
Dollars ($ }.
B. A tabulation of Subcontractors and other persons and organizations required
to be identified in this Bid.
ARTICLE 7 - COMMUNICATIONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
Colin Necessary
Email. cbnecessaryQa nec-contractors.com
Phone No
(479) 721-3691
FAX No. (479) 621-6328
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.
19-2170 Harmon Ave. & Center St. 00400 — 5
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 0040U —1311) F It 1 (continued)
ARTICLE 9 -- PROHIBITION ON CONTRACTING WITH ENTITIES THAT BOYCOTT
ISRAEL
9.01 Pursuant Arkansas Code Annotated §25-1-503 and by execution of this document, the
Contractor agrees and certifies it is not currently engaged in, and agrees for the duration of the contract
to not engage in a boycott of Israel or engage in boycotts of Israel as defined in §25-1-503.
SUBMITTED on
Arkansas State Contractor License No. 014878422
If Bidder is:
An Individual
Name (type or printed):
By:
(Individual's Signature)
Doing business as:
Business address:
ril 12 , 20 22.
Phone No.: FAX No.:
A Partnership
Partnership Name:
By:
L)
(SEAL)
(Signature of general partner attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.:
AX No.;
19-2170 Harmon Ave. & Center St. 00400 — 6
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
T FORM, (continued)
A Corporation
Corporation Name: NEC, Inc.
State of Incorporation: Arkansas
Type (General Business, Professional, Service, Limited Liability):
General Business
By: `
(Signature -- attach evidence of authority LLI- ,n)
Name (type or printed): Mlke Necessary ��
Title: VP
EAL)
(CORPORATE SEAL)
Aticst: J( Y,.
(Signature of Corporate Secretary)
Business address: 2425 S. 5th PI. Rogers, AR 72758
Phone No.: (479) 621-6324
AX No.: (479) 621-6328
END OF DOCUMENT 00400
19-2170 Harmon Ave. & Center St. 00400 — 7
Bid Form
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00430 — LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits
the following names of Subcontractors to be used in performing the Work for:
HARMON AVENUE & CENTER STREET INTERSECTION IMPROVEMENTS
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work Subcontractor's Name Expected Percentage
and Address or Value
Clearing/Demolition
SWPPP/Erosion Control
Roadway/Drainage
Retaining wall Second Nature Landscaping
6%
211 E Highway 264 Springdale, AR 72764
Asphalt Pavers Asphalt Paving: Hutchen's Construction
7%
107 Main St. Cassville, MO 65625
Other (designate) Traffic Signals: All Service Electric, Inc.
35%
182 Whited Farm Ln Hot Springs, AR 71913
Striping&Signage: Time Striping, Inc.
2%
P.O. Box 1236 Van Buren, AR 72957
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
{
VBidder's
Signaturc
END OF DOCUMENT 00430
19-2170 Harmon Ave. & Center St. 00430 — 1
List of Subcontractors
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
Contract Name: HARMON AVENUE & CENTER STREET INTERSECTION
IMPROVEMENTS
Date: April 12, 2022
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company NEC, Inc.
Name Colin Necessary
Address 2425 S 5th PI, Rogers, AR 72758
Principal Office
Rogers, AR
Corporation, partnership, individual, joint
venture, other Corporation
Arkansas State General Contractor's License Number
014878422
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for 18 years and
has performed work of the nature and magnitude of this Contract for 18 years.
Bidder has been in business under its present name for 18 years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet,
list project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion
date.)
19-2170 Harmon Ave. & Center St. 00140 — 1
Bidder Qualifications
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
3. Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect
contact, amount of contract, surety, and date of completion and percentage of the cost
of the Work performed with Bidder's own forces.)
4. Has Bidder ever failed to complete any project? If so, state when, where, and why.
5. Bidder normally performs the following work with his own forces:
Earthwork, Concrete, Utilities
6. Construction experience of key individuals in the organization is as follows
(continued on attached sheets if needed):
See attached.
7. In the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
Merchants National Bonding, Inc.
MNH Insurance, 3608 N. Steele Blvd Suite 101, Fayetteville, AR 72701
8. Bidder's Workmen's Compensation Experience Modifier Factor is: .71
19-2170 Harmon Ave. & Center St. 00140 — 2
Bidder Qualifications
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
FINANCIAL STATEMENT
Bidder possesses adequate financial resources as indicated by the following:
1. Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder's latest balance sheet and income statements showing the following items:
a. Current assets (cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses)-
b. Net fixed assets.
c. Other assets.
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof.
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
Judgment Creditors Where Docketed and Date Amount
a.
193
19-2170 Harmon Ave. & Center St.
00140 — 3
Bidder Qualifications
Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: April 12 , 2022
(OFFICIAL SEAL)
Name of Organization:
NEC, Inc.
By Mike Necessary
Title VP
(If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature
of a duly -authorized officer and with the corporate seal affixed.)
END OF DOCUMENT 00140
19-2170 Harmon Ave. & Center St. 00140 — 4
Bidder Qualifications
MIKE NECESSARY KEVIN NECESSARY
CELL: 479-721-2473 CELL: 479-721.2474
EMAIL: MJNECESSARY@NEC- EMAIL: KJNECESSARY@NEC-CONTRACTORS.COM
CONTRACTORS.COM
STATEMENT OF BIDDER'S QUALIFICATIONS
The name of our company is N.E.C., Inc. Our address is 2425 S. 5t" Place, Rogers, AR 72758. We
were organized and incorporated on April 15, 2004, in the state of Arkansas. Mike Necessary and
Kevin Necessary collectively have over 70 years of infrastructure construction experience with over
forty of those years in business for themselves. Included below are lists of contracts on hand, the
larger projects recently completed, our equipment available, and our experiences of jobs of this size.
Our company specializes in constructing infrastructure improvements to include earthwork, utilities,
and concrete work. We have never failed to complete a contract agreement as per contract
requirements. We have never defaulted on a contract. We have never been fined or had our license
suspended by the Arkansas Contractor's Licensing Board.
The contracts in hand now are a $1.2 million contract for site work and grading CDI Contractors for
the Walmart AMP Renovations in Rogers, a $1.1 million contract with Milestone Construction for
Shaw Park in Springdale, a $12.9 million contract for Shadow Valley in Rogers, a $1.9 million contract
for site work for the University of Arkansas for the Student Success Center, and numerous smaller
contracts for general contractors.
The contracts completed in the last 24 months are a $1.7 million contract for site work and grading for
Springdale Schools, a $1 million contract for Shadow Valley subdivision phase 8, a $.6 million
contract for Branchwood Trail for Bella Vista POA, a $2 million contract for site work at Fellowhip
Bible, Fayetteville, and numerous smaller contracts for local municipalities.
Some of the completed, larger projects include:
A $3.8 million contract the with the City of Pea Ridge, Arkansas for the Highway 72 water extension
and downtown sewer rehabilitation with a completion date of June 2009. A $900,000 contract,
constructing a bridge -length box culvert, with the Arkansas Highway and Transportation Department
was completed in May of 2011. Beaulah East Mine Reclamation for ADEQ which totalled $643,522. A
$4,000,000 contract with Bentonville schools which included new water, sewer, storm drain, streets
and sidewalks, was completed in May of 2012. An AHTD project on Hwy 540 for a Cable Barrier
finished in 2012 was $1.2 million. NEC had a $1.5 million contract with CDI
Contractors to perform services of sanitary sewer, storm drains and all grading
on the new Regional Armed Forces Reserve Center. Kinco awarded us a
Phone: 479. 621.6324 2425 S. 5t' Place Rogers,AR 72758 Fax: 479.621.6328
Page 2
contract for $755,000 to build new water and sewer line and all grading work for the new NW
Arkansas Childrens Center which was completed in 2012. Another project was subcontracted under
Nabholz Construction for $838,000 was to do all grading, sewer and storm drain for the Lincoln High
School in Lincoln Arkansas that was completed in 2012.
We have also sub -contracted our work over the last two years from general contractors such as
Crossland, Kinco Constructors, Flintco LLC, VCC Constuction and CDI Contractors performing
sitework at various projects over Northwest Arkansas.
We own and have available for use 8 excavators of different sizes, 3 Caterpillar road graders, 4
Caterpillar 35 ton articulated offroad trucks, 3 Caterpillar front-end loaders, 3 backhoes, 4 Caterpillar
bulldozers, 4 Ingersol vibratory compactors, 1 Gomaco 3600 curber, 8 dump trucks, and various
smaller pieces required to construct improvements to infrastructure.
We have worked closely with all the civil engineers in Northwest Arkansas
over the past 40 years including the Arkansas Highway and Transportation Department.
Jeremy Woody of Legacy Bank our primary banking source with $1,500,000 of AR
secured credit available and $2,500,000 of secured credit with equipment. We will if asked provide a
detailed financial statement to be reviewed by the Owner with a principal of our firm.
NEC has a good relationship with all municipalities in NW Arkansas. Any of the following may be
contacted as a source for referral. Rogers Water Utilities; Earl Roush, Springdale Water; Rick
Pulverenti, Fayetteville Utilities; Don Osburn, and Bentonville Water and Sewer; Preston Newbill.
NEC has a great reputation with our suppliers also. Our major suppliers for most jobs are as listed.
Rogers Group Inc for aggregates, SMG Ready Mix for our concrete needs, and Ferguson
Waterworks, and Scurlock Industies, for our utility and pipe sources.
Mike Necessary personally has been in the construction business for over 40 years beginning at age
15 during summers and permanently upon graduation from the University of Arkansas. He carries the
title of Vice President. His experience has been in earthwork, concrete, equipment operation,
estimating, bidding, project management and business management. 25 years were spent with
Necessary Construction, Inc., 5 years with APAC, McClinton -Anchor, and the most recent previous
15 years with NEC Inc,.
Kevin Necessary personally has been in the construction business for over 30 years. Upon
graduation from Arkansas Tech University in 1987, Kevin joined Necessary Construction, Inc. and
remained with them until their sale in 1999 to APAC, McClinton -Anchor, where he remained until he
and Mike organized NEC, Inc. in 2004. Kevin carries the title of President and has particular focus on
utility work, estimating, bidding, project management, and business management.
Our construction team consists of people who are interested in constructing a quality product in a
safe manner. The core team of office personnel and management have been with N.E.C., Inc. since
the beginning and most were with APAC, McClinton -Anchor with Mike and Kevin.
Page 3
Contractors License No. 0148780422
N.E.C. Inc.
gy-�f
M��++ ACz L- r- �ESsR2f
Z--Z7�1
Date
CITY OF
W;% FAYETTEVILLE
ARKANSA
Bid 22-30 Addendum 1
NEC, Inc
N.E.C., Inc.
Supplier Response
Event Information
Number: Bid 22-30 Addendum 1
Title: Bid 22-30, Construction - Center and Harmon Intersection Rebid
Type: Invitation to Bid
Issue Date: 3/13/2022
Deadline: 4/12/2022 02:00 PM (CT)
Notes: The city of Fayetteville, Arkansas is accepting sealed bids from
properly licensed firms for the improvement of Harmon Avenue and
Center Street Intersection. Questions should be addressed to
Jonathan Smith, Purchasing Agent, at jonsmith@fayetteville-ar.gov.
Contact Information
Contact:
Jonathan Smith
Address:
Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Phone:
(479) 575-8220
Email:
jonsmith@fayetteville-ar.gov
Page 1 of 3 pages Vendor: NEC, Inc Bid 22-30 Addendum 1
NEC, Inc Information
Contact:
Colin Necessary
Address:
2425 S 5th PI
Rogers, AR 72758
Phone:
(479) 621-6324
Fax:
(479) 621-6328
Email:
cbnecessary@nec-contractors.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Colin Necessary
Signature
RM#TY7iftTF.WNP7000P FEWiAil:1I ,Ti%
Requested Attachments
Bid 22-30, Required Signature Forms
necessary.colin@gmail.com
Email
Bid Form (Signed).pdf
Please sign and attach the required bid signature forms. You can find these forms under attachments in the Project
Manual.
Bid 22-30, Bid Bond Bid Bond (Signed).pdf
Please attach a signed copy of your bid bond.
Response Attachments
Bidder Qualifications (Signed).pdf
Bidders Qualification Statement
Bid Attributes
1 Attribute deleted as part of an Addendum
2 Attribute deleted as part of an Addendum
3 Attribute deleted as part of an Addendum
4 Attribute deleted as part of an Addendum
Bid Lines
Lump Sum Bid (DO NOT INCLUDE PRICING FOR ACT 291, 1993 TRENCH and EXCAVATION SAFETY
SYSTEMS IN THIS LINE ITEM)
Quantity: _
UOM: LS
Price: 1 $1,752,735.50 Total: 1 $1,752,735.50
Item Notes: Bidders shall be required to submit a completed "Schedule of Values" within 24 hours of request by the
City of Fayetteville Purchasing Division. All "Schedule of Values" submitted to the City shall have a sum
equal to the TOTAL BASE BID sum total submitted prior to bid deadline. Under no circumstances will a
bidder be allowed to revise his/her bid from the TOTAL BASE BID.
Page 2 of 3 pages Vendor: NEC, Inc Bid 22-30 Addendum 1
2 Act 291, 1993 Trench and Excavation Safety Systems
Quantity: 1 UOM: LS Price: $1.00 1 Total: $1.00
3 Package deleted as part of an Addendum
4 Package deleted as part of an Addendum
5 Package deleted as part of an Addendum
6 Package deleted as part of an Addendum
7 Package deleted as part of an Addendum
8 Package deleted as part of an Addendum
9 Package deleted as part of an Addendum
Response Total: $1,752,736.50
Page 3 of 3 pages Vendor: NEC, Inc Bid 22-30 Addendum 1
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-0375
Legistar File ID
5/17/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/20/2022
Submitted Date
Action Recommendation:
ENGINEERING (621)
Division / Department
Approval of a contract amendment in the amount of $23,130.00 with McClelland Consulting Engineers, Inc. for the
Zion Road — Vantage to Crossover Project and approval of a budget adjustment.
Budget Impact:
4602.860.7212-5860.02 4602 - Street Bond Projects 5400 -
5400.860.5700-5815.00 Water and Sewer Capital Fund
Account Number Fund
46020.7212 Street Bond Projects - Zion Rd. Improvements
11011.2019.7212 Water/Sewer Relocates - 2019 Bonds - Zion Rd
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
$ 4,341,842.00
$ 4,001,249.87
$ 340,592.13
$ 23,130.00
$ 23,130.00
340,592.13
Purchase Order Number: 2019-00000609 Previous Ordinance or Resolution # 168-19
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
V20210527
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 17, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: April 20, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of a contract amendment in the amount of $23,130.00 with
McClelland Consulting Engineers, Inc. for the Zion Road — Vantage to
Crossover Project and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends City Council approval of a contract amendment in the amount of $23,130.00
with McClelland Consulting Engineers, Inc. (MCE) for the Zion Road — Vantage to Crossover
Project and approval of a budget adjustment.
BACKGROUND:
Zion Road from College Avenue to Highway 265 was included in the previous Transportation
Improvement Bond Program. The first phase of construction between College Avenue and
Vantage Drive was completed in 2008. In 2013, the second phase, between Vantage Drive and
Highway 265, was approved for funding through the bond program. On May 6, 2014, the
Fayetteville City Council approved a contract with MCE for the design of the second phase of
Zion Road. The design was completed in early 2015, but there were not sufficient bond funds
remaining at the time to fully fund the construction of the project. On July 16, 2019, the Council
approved a contract with MCE to update the plans to include a revised cross section consisting
of a three -lane section with a 10' wide multi -use trail on the north side and a 6' wide sidewalk on
the south side.
This project is currently under construction and is scheduled to be completed in July of 2022.
DISCUSSION:
The approved contract with MCE does not include the survey of the finished work and
production of detailed as -built plans for city records. Staff has worked with MCE to develop a
scope that will include the work necessary to document the construction. McClelland Consulting
Engineers, Inc. has provided a fee in the amount of $23,130.00 for this additional work. The
contract will be paid based on hourly rates for work completed, up to the total contract amount.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
This contract amendment and the construction of the project will be funded by the 2019
Transportation Bond Program and the Water and Sewer Fund.
ACCOUNT
PROJECT
AMOUNT
4602.860.7212-5860.02
46020.7212
$ 14,430
5400.860.5700-5815.00
11011.2019.7212
$ 8,700
Attachments:
Engineering Agreement
Vicinity Map
Budget Adjustment
ZION ROAD AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
THIS AGREEMENT is made as of , 2022 by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and MCCLELLAND CONSULTING ENGINEERS (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Zion Road As-Builts — Professional Engineering Services
FY19-2139
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is to be agreed upon by the CITY OF FAYETTEVILLE and the ENGINEER.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis
described in Appendix B.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
Zion Road As-Builts — Professional Engineering Services
FY19-2139 2
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
Zion Road As-Builts — Professional Engineering Services
FY19-2139
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Zion Road As-Builts — Professional Engineering Services
FY19-2139 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Zion Road As-Builts — Professional Engineering Services
FY19-2139
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
Zion Road As-Builts — Professional Engineering Services
FY19-2139 6
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
MCCLELLAND CONSULTING ENGINEER's address:
1810 N. College Avenue
Fayetteville, Arkansas 72701
Zion Road As-Builts — Professional Engineering Services
FY19-2139 7
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Zion Road As-Builts — Professional Engineering Services
FY19-2139 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
Zion Road As-Builts — Professional Engineering Services
FY19-2139 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
MCCLELLAND CONSULTING ENGINEERS,
INC.
Bv.
Kevin Beaumont
Date:
Kevin Beaumont 2022.04.18
22:00:49-05'00'
Title: Vice President
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Zion Road As-Builts — Professional Engineering Services
FY19-2139 10
APPENDIX 'A'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ZION ROAD;
MEADOW VIEW DRIVE TO NORTH CROSSOVER ROAD (HWY 265)
1. Scope of Proiect
1. Provide the following services associated with the construction of Zion Road between
Meadow View Drive located to the west and North Crossover Road, aka. Hwy 265, to the
east, a distance of approximately 5,500 linear feet.
Task 1 — Water and Sewer As -Built Surveying Services.
a. ENGINEER will conduct As -Built survey data collection on water line and sewer
line improvements. Water line and sewer line improvement features will include fire
hydrants, water valves, top nut on water valve, water meters, irrigation meters, and
other above ground water -line features. As -Built sewer line features will include
sanitary sewer manhole lids, a point on the north rim of manholes, inverts and pipe
diameters.
Task 2 — Street As -Built Surveying Services.
a. ENGINEER will conduct As -Built survey data collection on street improvement
features. Street improvement features will include back of curb/top of curb (only) on
both sides of the new street and the corresponding centerline at 50 ft. stations.
Additional features will consist of mapping new light poles, new sidewalks, handicap
ramps, drainage drop inlets (centerline of rim and north rim), inlet throats, inverts,
pipe diameters, drainage area inlets, drainage pipe, flared end sections and other
street improvement details.
2. Basic Services
The Scope of Services of the ENGINEER as described in the original agreement for the
design of Zion Road, North Vantage Drive to North Crossover Road (Hwy 265), dated May
6th, 2014, shall remain in full effect.
APPENDIX A — Scope of Services A-1 FY19-2139
Zion Road As-Builts
APPENDIX "B"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ZION ROAD;
MEADOW VIEW DRIVE TO NORTH CROSSOVER ROAD (HWY 265)
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered on a lump
sum (LS) basis.
Basic Services: Payment by CITY OF FAYETTEVILLE based on the percentage of work
complete. Payment for a specific phase shall not exceed the scheduled amount prior to
completion of that phase. Underruns in one phase may be used to offset overruns in another
phase as long as the contract amount is not exceeded.
Water & Sewer As -Built Survey $ 8,700.00 (LS)
Street As -Built Survey $ 14,430.00 (LS)
SUB -TOTAL Basic Services $ 23,130.00
Additional Services: Any and all Additional Services must be approved, and maximum
amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior
to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional
Services rendered an amount equal to the cumulative hours charged to the Project for each
class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
Attached Exhibit "I", plus approved Reimbursable Expenses and ENGINEER'S Consultant
charges, if any. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall
pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
• CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses
incurred in connection with Basic and Additional Services. Reimbursable Expenses must be
approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The
estimated amount of Reimbursable Expenses to be incurred in connection with Basic Services
is:
SUB -TOTAL Reimbursable Expenses
• The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable
Expenses identified within this Agreement shall not exceed $23,130.00.
ENGINEER shall submit invoices monthly for services rendered and expenses borne. The
invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel
working on the project.
APPENDIX B — Compensation B-1
FY19-2139
Zion Road As-Builts
The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other
technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory
benefits including, but not limited to, social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto; plus operating margin or profit, non -project
operating costs, and all general and administrative overhead costs, including but not limited
to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection
with the PROJECT for printing and reproduction costs and ENGINEER'S consultant charges.
Any and all expenditures for reimbursable expenses must be approved by the CITY OF
FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs are not
considered Reimbursable Expenses.
APPENDIX B — Compensation B-2 FY19-2139
Zion Road As-Builts
McCLELLAN
MrEi CONSULTING
ommmmmm ENGINEERS, INC.
2022
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
Chief Draftsman $95 - $110
Clerical $45 - $75
Construction Observer $70 - $140
Draftsman
$65 - $95
Environmental Scientist/Designer
$105 - $120
Geotech Engineer
$85 - $170
GIS Technician
$80 - $140
HR/Payroll Admin
$75-$100
Landscape Architect
$90 - $140
Media Specialist
$80 - $100
Principal
$160 - $240
Project Accountant
$70 - $155
Project Designer
$80 - $140
Project Engineer
$120 - $175
Project Manager
$120 - $200
Registered Land Surveyor
$95 - $140
Soils Lab Technician
$50 - $135
Specification Writer
$50 - $90
Sr. Project Manager
$140 - $230
Survey (2 man or Robotic) Crew
$115 - $160
Survey (3 man) Crew
$135 - $195
Survey Field (1 Man or Rodman)
$45 - $105
Survey GPS
$75 - $130
Survey Technician
$65 - $95
Water Lab Supervisor
$70 - $120
Water Lab Tech
$50 - $95
Expenses
@ Cost
Mileage .585/mi**
* Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.
**Subject to change based on Internal Revenue Service (IRS) Guidelines/
Regulations
EXHIBIT 1
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CITY OF
FAYETTEVILLE
ARKANSAS
CITY OF FAYETTEVILLE
TRANSPORTATION BOND PROGRAM
PROGRESS REPORT — APRIL 2022
The Transportation Bond Program consists of projects that will be designed, contracted, and
administered by City Staff or consultants/contractors working for the City. Funding for the Bond
Program includes $36 million in bonds for the first phase of the program.
UPCOMING CONSTRUCTION PROJECTS
PROJECT NAME
BID DATE
ESTIMATED CONST. COST
Center/Harmon Intersection
January 11,
2022
$1,752,736.50
Archibald Yell Blvd. Safety Improvements
January 11,
2022
$2,995,576.53
CURRENT CONSTRUCTION PROJECTS
PROJECT NAME
ESTIMATED
CONSTRUCTION
COMPLETION
CONTRACT
Zion Rd. (Vantage to Crossover)
July 2022
$4,395,109.35
Sain St. Extension
August
*$607,900.29
2022
Shiloh Fulbright Intersection
October
$1,680,751.00
2022
Midtown Corridor — Porter and Deane at
October
$4,169,565.00
PD Site
2022
*Transportation Bond Program portion of the contract.
COMPLETED PROJECTS
PROJECT NAME
COMPLETION
YEAR
ORIGINAL BUDGET
FINAL PROJECT
COST
Rupple Road
2021
$3,000,000
$3,532,722.51
Steamboat Dr./Dorothy Jeanne
2021
$670,000
$410,979.35
Centennial Park Entrance Drive
2021
$1,000,000
$834,721.75
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
For details regarding each of the Transportation Bond Projects, use the links provided below for
each project.
1) RUPPLE ROAD (TANYARD DR. TO WEIR RD.)
https://www.favetteville-ar.gov/3597/Rupple-Road-Extension
2) ZION ROAD PHASE II (VANTAGE DR TO CROSSOVER RD)
https://www.fayetteville-ar.gov/3586/Zion-Road-Improvements
3) STEAMBOAT / DOROTHY JEANNE CONNECTION
https://www.fayetteville-ar.gov/3596/SteamboatDorothy-Jean ne-St-Connection
4) SHILOH DR. / FULBRIGHT EXPRESSWAY INTERSECTION
https://www.fayetteville-ar.gov/3594/Shiloh-DrFuIbright-Expressway-I ntersecti
5) CENTER / HARMON INTERSECTION
https://www.favetteville-ar.gov/3595/CenterHarmon-Intersection
6) MIDTOWN CORRIDOR
https://www.favetteviIIe-ar.gov/3877/Midtown-Corridor-Prowect
7) SAIN STREET EXTENSION (FRONT ST. TO JOYCE BLVD.)
https://www.favetteville-ar.gov/3598/Sain-Street-Extension
8) MAPLE ST. CYCLE TRACK
https://www.favetteville-ar.gov/3581 /Maple -Street -Cycle -Track
9) 15t" ST. / RAZORBACK RD. INTERSECTION
https://www.favetteville-ar.gov/3592/15th Razorback -Intersection
10) HIGHWAY 71 B CORRIDOR
https://www.favetteville-ar.gov/3588/Highway-71 B-Corridor
11) APPLEBY / PLAINVIEW / ROLLING HILLS CONNECTION
https://www.favetteville-ar.gov/3771 /ApplebyPlainviewRolling-Hills-Connection
12) ARCHIBALD YELL BLVD. SAFETY IMPROVEMENTS
4
https://www.faVettevi I le-ar. gov/3584/Arch i ba Id -Yell -Blvd -Safety -Improvements
13) ROLLING HILLS IMPROVEMENTS (COLLEGE TO OLD MISSOURI)
https://www.faVettevilie-ar.gov/3585/Rolling-Hills-Improvements
14) JOYCE BLVD. SAFETY IMPROVEMENTS
https://www.faVettevi I le-ar. gov/3732/Joyce-B lvd-Safety-Improvements
15) NORTH ST. / MISSION BLVD. CORRIDOR
https://www.faVetteville-ar.gov/3589/North-Street-Corridor
16) OLD WIRE RD. CYCLE TRACK (EXTENSION)
https://www.faVetteville-ar.gov/3583/Old-Wire-Road-Cycle-Track
17) PAVEMENT MAINTENANCE / OVERLAYS
https://www.faVetteviIle-ar.gov/3600/Pavement-Maintenance0verlaVs
• 16.68 Miles of overlays have been completed as of March 2022
• $2,634,633.23 of the $2,700,00 has been spent or encumbered as of March
2022.
18) TRAFFIC SIGNAL HARDWARE / UPGRADES
httos://www.favetteville-ar.aov/3599/Sianal-HardwareSoftware-UDarades
• 103 of 110 signal controllers and 56 of 66 Video Detectors have been
upgraded as of March of 2022.
• $1,266,171.09 of the $1,400,000 has been spent or encumbered as of March
2022.
3