HomeMy WebLinkAbout99-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 99-22
File Number: 2022-0349
BID #22-30 W. CENTER STREET & N. HARMON AVENUE INTERSECTION PROJECT
- 2019 TRANSPORTATION BOND PROJECT:
A RESOLUTION TO AWARD BID 422-30 AND AUTHORIZE A CONTRACT WITH NEC.,
INC. IN THE AMOUNT OF $1,752,736.50 FOR CONSTRUCTION OF THE WEST CENTER
STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $175,000.00, AND TO APPROVE A
BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #22-30 and
authorizes Mayor Jordan to sign a contract with NEC., Inc. in the amount of $1,752,736.50 for
construction of the West Center Street and North Harmon Avenue Intersection Project, and further
approves a project contingency in the amount of $175,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 5/3/2022
Page 1 Printed on 51422
Resolution: 99-22
File Number.' 2022-0349
Approved:
Lioneld Jordan, Mayor
Attest: ,`,'��R f t ►,�r��.
i
L.
FAYETTEVILLE
Kara Paxton, City Clerk Treasurer -
NS
TO
Page 2 Printed on 514122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0349
Agenda Date: 5/3/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.10
BID #22-30 W. CENTER STREET & N. HARMON AVENUE INTERSECTION PROJECT - 2019
TRANSPORTATION BOND PROJECT:
A RESOLUTION TO AWARD BID #22-30 AND AUTHORIZE A CONTRACT WITH NEC., INC. IN
THE AMOUNT OF $1,752,736.50 FOR CONSTRUCTION OF THE WEST CENTER STREET AND
NORTH HARMON AVENUE INTERSECTION PROJECT, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $175,000.00, AND TO APPROVE A BUDGET
ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #22-30 and
authorizes Mayor Jordan to sign a contract with NEC., Inc. in the amount of $1,752,736.50 for construction of
the West Center Street and North Harmon Avenue Intersection Project, and further approves a project
contingency in the amount of $175,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 51412022
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 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.
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.
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 Bond Program. The original budget allocated in the 2019
Transportation Bond Fund for the W. Center Street and N. Harmon Avenue Intersection project
was $1,300,000.00. The land acquisition cost for this project was $54,700.00. The design and
construction management contract is $179,765.00. This construction contract 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 3 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. -
Title: V p
(SEAL)
Attest L �� . @A,�
Address for giving notices
Z�q-s __c, , S7N pk .
D, f,E0- -s 7Z 7,5
By:
Title:
o% 9,Vtl �T r?E��•i,
(SEAL)
FAYPTTEV}.LLE
Attest
'• `��kA,i%S'�•' , �F
Address for giving notices
r�r+LNG ON ia`��`
License No. 014878422 (attach evidence of authority to
Agent for Service of process
Mic-AArl- GG E `!'
(If Contractor is a corporation,
attach evidence of authority to
sign.)
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attomcy For:
END OF DOCUMENT 00500
19-2170 Harmon Ave. & Center St. 00500- 10
Agreement
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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:
The above prices, specifications and conditions are satisfactory and
are hereby accepted. 4�
Buyer: �� a e 2
Signature:
Date of Acceptan Z ��
CONFIRMED:
N.E.C., Inc.
Authorized Signature:
Estimator:
Total Bid Price: $1,752,736.50
4/13/2022 1:21:17 PM
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 o�Pogq'O-v�.� 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
�........... ........
:.p�pljRq.0 ; •�4, COD
4T�PUygllApy
' ta3 47: • ¢ 1933
2A' C • aCr'rGItrig
•._�. Yi
ROA 0018 (1120)
MER,HA,NT
BONDING COMPANY,
h1El4(_1IAN I a NA WNAI 13O NI)IN(l, ItJk-. • P.0, lad_ X I IT)8 • false A10IN IS: %,VA .5031oo-:3-198,
P]IONUd �800)67(8-8I'i1 • 1AX:is1,S),)13-185•1
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.
h: G� y +
-o- 4r
2003 yc�;
13%
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.
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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
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2022
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
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.
RESOLUTION/ORDINANCE
COUNCIL DATE: 5/3/2022
LEGISTAR FILE ID#: 2022-0349
Hovy 3lack�
411212022 3:11 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 5/3/2022
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20220314
Account Name
4602.860.7219-5809.00
653,752 -
46020 7219 EX
Improvements - Street
4602.860.7219-5911.99
4602.860.7999-5899.00
175,000 -
(828,752) -
46020 7219 EX
46020 7999 EX
Contingency -Capital Project
Unallocated - Budget
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\05-03-22\2022-0349 BA Center Harmon Construction Contract 1 of 1
Be
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Chris Brown, Public Works Director
CC: Kara Paxton, City Clerk/Treasurer
Blake Pennington, Asst. City Attorney
FROM: Kit Williams, City Attorney
DATE: May 11, 2022
RE: Improper Request For City Attorney's Signature
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Months ago I requested that your standard form for construction/ engineering forms
remove the:
"Approved As to Form:
BY:
Attorney For: "
unless you needed or wanted the contractor's attorney to sign. Yet I still repeatedly receive the
same old form which is not signed by the contractor's attorney. This confuses the City Clerk's
Office which understandably thinks that therefore, I should sign. This could put the City in a
slightly worse legal position in a breach of contract litigation, so I will not be the only attorney
signing to approve the form of the contract.
When a contract goes through Legistar for City Council approval by Resolution or even
as a non -agenda item, my City Attorney's Office must indicate its approval before the contract
proceeds through Finance and the Chief of Staff to the Mayor. Thus, the proper form of the
contract had to have been approved by my office before the Mayor can sign and the City Clerk
can attest his signature.
If you want the contractor's attorney to sign "Approved As to Form', please change the
last line to read "Attorney For Contractor" rather than "Attorney FQr: ." If you
do so and that line is blank when submitted to Legistar, we should and hopefully will reject the
agenda item until the required signature by the contractor's attorney is added. I believe that the
best option remains my initial suggestion months ago to simply remove this signature block.
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
City Clerk Kara Paxton
CC: Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
Chris Brown, Public Works Director
Terry Gulley, Asst. Public Works Director
Jonathan Curth, Development Services Director
Steven Dotson, Internal Auditor
FROM: Kit Williams, City Attorney
DATE: May 2, 2022
RE: Mayor recuperating at home and performing essential duties
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorrey
Jodi Batker
Paralegal
Mayor Jordan is currently recuperating at home, but is fully capable and
performing the essential duties of his office. One such duty was to clarify how
and when his approval through use of his signature stamp could be exercised.
Ordinances, Resolutions, Contracts and other documents approved by the City
Council may have the Mayor's signature stamp applied upon the unanimous
agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A
similar procedure was used during a rare week or longer vacation for the Mayor
years ago where cell phone service at his vacation spot was not always reliable.
An initial draft of his authority for use of his signature stamp was signed
by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just
signed an updated and more specific and complete authorization detailing what
the City Staff should do during this period when staff may speak with him for
any necessary decisions or instructions, but when City Staff is authorized to
perform housekeeping, ministerial, and uncontroversial actions on the Mayor's
behalf. This replacement authority dated today is also attached and supersedes
the April 29th authorization.
Mayor Jordan has also designated his Chief of Staff to handle most of his
normal meetings duties until his full time return to the office. The Vice Mayor
shall conduct all City Council meetings and Agenda sessions as the Mayor
recuperates. If any document proposed for the Mayor's signature has any
questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision
before his signature stamp is used or withheld.
Mayor Jordan remains able to perform his necessary official duties
although much of the noncontroversial, house -keeping measures will be handled
by his Chief of Staff and necessary signatures by use of his signature stamp so
the Mayor can get more needed rest. In the unlikely event that Mayor Jordan
would be deemed by a Circuit Court as being "unable to perform the duties of
office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan
Norton to Perform the Duties of the Office of Mayor If and When Necessary.
A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals
may perform all functions of a mayor during the disability or absence of the
mayor:
(C) An unelected employee or resident of the city if designated by the
mayor and approved by the City Council."
If the City Council does not approve the Mayor's designation of Chief of
Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who
as an "elected official of the city" does not need approval of the City Council.
(A.C.A. §14-43-501 (b)(3)(B).
2
OFFICE OF THE MAYOR
April 29, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following
approval procedures to be used during any period I am absent from the City, under the
following conditions:
• Until I return to regular office hours Chief of Staff, Susan Norton will have the final
approval necessary for Legistar items
My signature stamp may be used for all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous
agreement of the following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by
the Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the
Legistar process
Lioneld Jordan,
Date Signed
Witness
City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
May 2, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated
approval and signatory procedures to be used during any week or longer period of time if I need some of
my more signatory and ministerial and/or in -person meeting duties performed for me until I return to
full-time status:
■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items
• My signature stamp may be used to approve all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the
following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the
Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the Legistar
process
■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or
attend (except City Council meetings and Agenda Sessions). Other staff who are already
ejnpowered to represent me in regional boards or commissions may continue to represent me
iii those boarasland commissions
4tv
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Lioneld Jordan,
Date Signed
Witness
City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If
And When Necessary
I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office
while I recuperate in the hospital or at home. I have established proper procedural guidelines
so that my signature stamp may be used instead of my written signature on documents
approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and
Acceptances, and Deeds.
If I become temporarily unable to perform the duties of the Office of Mayor, I hereby
designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume
the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties
myself.
If the City Council fails to approve my designation of Chief of Staff Susan Norton to
perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A.
§14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the
duties and functions of Mayor of Fayetteville.
s - a -
Date LIONELD J❑
Mayor
��-��
Witness
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov