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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 y 71 W FAIRVIEW ST ` r ^ ^'� 4 ' d-- Nv C%'XN,AOIA ii 1 w Qit s 6 2 �� ,,,jjlj �•' • J r V — W CENTER ST ------------ tun tN1lg L ram, tint � u!I > z ! lime 20O z RMON AVE. AND CENTER ST. • 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: 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. 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 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 r...�� 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