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HomeMy WebLinkAbout123-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 123-23 File Number: 2023-781 MILESTONE CONSTRUCTION COMPANY, LLC. (CONSTRUCTION CONTRACT): A RESOLUTION TO AWARD BID #23-24 AND AUTHORIZE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $488,300.29 FOR THE HAPPY HOLLOW SIDEWALK IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00 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 #23-24 and authorizes Mayor Jordan to sign a contract with Milestone Construction Company, LLC, a copy of which is attached to this Resolution, in the amount of $488,300.29 for the Happy Hollow Sidewalk Improvements Project, and further approves a project contingency in the amount of $50,000.00. PASSED and APPROVED on June 6, 2023 Page 1 Attest: riv Kara Paxton, City Cler c Treasurer :3 • c CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-781 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: SUBJECT: Approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. RECOMMENDATION: Staff recommends approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. BACKGROUND: The Happy Hollow Sidewalk Improvements project includes the construction of approximately 1,000 feet of 6' wide sidewalk along the west side of Happy Hollow Road from 4th Street to the north. In addition to the sidewalk improvements, the project will include minor drainage improvements, new sections of curb and gutter, driveway construction and pavement repair. This project is included in the Transportation Division Sidewalk Work Plan for 2023. The Engineering Division has prepared the design plans and the project was put out for bid. DISCUSSION: On May 11, 2023, the City received three (3) construction bids for this project. Milestone Construction Company, LLC submitted the low bid of $488,300.29. Engineering staff recommends awarding this contract to Milestone Construction Company, LLC. The contract time is 150 days (5 months) for substantial completion. BUDGET/STAFF IMPACT: The design and construction of this project will be paid for with Capital Improvements Project funds allocated for sidewalk improvements. PURCHASE ORDER DETAILS G/L ACCT PROJECT AMOUNT 2100.410.5500-5814.00 02053.5500 $488,300.29 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: 2023-781 SRF Happy Hollow Milestone, 00500 Agreement- Signed by contractor, Bid 23- 24, Submittal - Milestone Construction Company, LLC - E, Bid 23-24, Bid Tab - AB and LM Signed, Council Cover Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-781 Approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. A RESOLUTION TO AWARD BID #23-24 AND AUTHORIZE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $488,300.29 FOR THE HAPPY HOLLOW SIDEWALK IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00 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 #23-24 and authorizes Mayor Jordan to sign a contract with Milestone Construction Company, LLC, a copy of which is attached to this Resolution, in the amount of $488,300.29 for the Happy Hollow Sidewalk Improvements Project, and further approves a project contingency in the amount of $50,000.00. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-781 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. Budget Impact: 2100.410.5500-5814.00 2100 - Street Fund Account Number Fund 02053.5500 Sidewalk Improvements Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 2,630,610.00 Expenses (Actual+Encum) $ 354,777.97 Available Budget $ 2,275,832.03 Does item have a direct cost? Yes Item Cost $ 538,300.29 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 1,737,531.74 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Item cost includes construction contract plus the project contingency. DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Contract No.: 23-24, Construction THIS AGREEMENT is dated as of the day of in the year 2023 by and between The City of Fayetteville, Arkansas and Milestone Construction Company,LLC (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 1,025 linear feet of 8 ft. sidewalk along Happy Hollow Road north of 4" Street. In addition to sidewalk improvements, the project will include minor drainage improvements that consist of drop inlets and curb and gutter construction. Miscellaneous items include driveway construction, and pavement restoration. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Open burning and blasting are not allowed on City projects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500 Agreement 00500- 1 DOCUMENT 00500 — AGREEMENT (continued) 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 150 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 180 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00500 Agreement 00500 - 4 DOCUMENT 00500 — AGREEMENT (continued) 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 - CONTR, 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions, 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 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: HAPPY HOLLOW SIDEWALK IMPROVEMENTS PROJECT S. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a 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 patty 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 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) 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. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. 00500 Agreement 00500-6 This Agreement will be effective on of the Agreement. CONTRACTOR: (Type or egibly print} (Signature) , 202$which is the Effective Date CITY OF FAYETTEVILLE Title: ;�2� Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. ( SEAL) (SEAL) ttptun+p� +�, Attest Or :�• YfiT •o � ��, •ink tuu 00500 Agreement 00500 - 7 DOCUMENT 00500 — AGREEMENT (continued Address for giving notices Address pp Address for giving notices - CZ tJ. qV1 �il►P L JAt k 113 W. Mountain St. �J��f (I lr- �27 Fayetteville. AR 72701 License No. l' f l q[1-1 Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500-8 Search Incorporations, Cooperatives, Banks and Insurance Companies This is only a preliminary search and no guarantee that a name is available for initial filing until a confirmation has been received from the Secretary of State after filing has been processed Please review our NAME AVAILABILITY GUIDELINES HERE prior to searching for a new entity name. Printer Friendly Version LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search For service of process contact the Secretary of State's office. Corporation Name MILESTONE CONSTRUCTION COMPANY, LLC Fictitious Names Filing # 800044464 Filing Type Limited Liability Company Filed under Act Domestic LLC; 1003 of 1993 Status Good Standing Principal Address Reg. Agent SAM R. HOLLIS Agent Address 2002 S. 48TH ST. SPRINGDALE, AR 72762 Date Filed 10/20/2004 Officers SEE FILE, Incorporator/Organizer GINA R. MORAN , Tax Preparer Foreign Name N/A Foreign Address State of Origin N/A Purchase a Certificate of Good Pay Franchise Tax for this corporation Standing for this Entity. CITY OF 10A FAYETTEVILLE ARKANSAS Bid 23-24 Addendum 2 Milestone Construction Company, LLC Milestone Construction Company, LLC Supplier Response Event Information Number: Bid 23-24 Addendum 2 Title: Construction - Happy Hollow Sidewalk Improvements Type: Invitation to Bid Issue Date: 4/16/2023 Deadline: 5/11/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction of approximately 1,025 linear feet of 8 ft. sidewalk along Happy Hollow Road, north of 4th Street. In addition to sidewalk improvements, the project will include minor drainage improvements that consist of drop inlets and curb and gutter construction. Miscellaneous items include driveway construction and pavement restoration. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeiIfuss@fayetteviIle-ar.gov. Contact Information Contact: Amanda Beilfuss - Sr. Purchasing Agent Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC Milestone Construction Company, LLC Information Contact: Erin Metcalf Address: 2002 S. 48th Street Suite A Springdale, AR 72762 Phone: (479) 751-3560 x202 Fax: (479) 751-4841 Email: emetcalf@mstonecc.com Web Address: mstonecc.com By submitting your response, you certify that you are authorized to represent and bind your company. Erin Metcalf Signature Submitted at 511112023 11:09:03 AM (CT) Requested Attachments Bid 23-24, Required Signature Forms emetcalf@mstonecc.com Email Happy Hollow Complete bid.pdf Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in the 'Attachments' tab titled File #00. Bid 23-24, Bid Bond Bid Bond- Happy Hollow.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 800044464 2 Arkansas Contractor License Number: 0156050424 3 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. ❑✓ Yes, I agree (Yes, I agree) ❑ No, I don't agree (No, I don't agree) 4 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. ❑✓ 1 agree (I agree) Bid Lines Page 2 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC 1 Embankment (Plan Quanitity) 6 Quantity: 470 UOM: CY Price: $6.17 Total: $2,899.90 Page 3 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC 3 36" Reinforced Concrete Pipe Class III (Under Pavement) 2 Quantity: 27 UOM: LF Price: $255.74 Total: $6,904.98 Page 4 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC 4 Construction Video & Photographs 2 Quantity: 1 UOM: LS Price: $630.00 1 Total: $630.00 Response Total: $488,300.29 Page 5 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC AIA Document A310'" - 2010 i • . • / a CONTRACTOR: (iVame, legal status and address) Milestone Construction Company, LLC 2002 S. 48th Street, Suite A Springdale, AR 72762 OWNER: (Name, legal status and address) City of Fayetteville, Arkansas 113 W. Mountain SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Fayetteville, AR 72701 BOND AMOUNT: $ Five percent of Bid Amount ---- (5%) PROJECT: (Name, location or address, and Projecl mrmber, ifan,i) Happy Hollow Sidewalk Improvements The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that i r the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice bythe Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the proiect, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished. the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the lea margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect toits completion or modification. Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. Will AIA Document A311i-2010. Copynyrt O1963.1970 and 2a10 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document Is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or my portion of It, may resud in severe civil and crunmal penalties, and will be prosecuted 10 the maximum extent possible under the law. Signed and sealed this I ith day of May - 2023 &AG ' (If'ibress/ (ii�'itnzss} Milestone 96 srtruction Compa y, LLC (Con a r as Prineipa) (Seal) / 7- Travelers Casualty and Surety Company of America ( (Seal) ("lit/¢) Pamela K. Hays, Attorney -in -Fact Intl WA Document A910'^-2010. Copydg Q 19631070 and 2010 by The American Institute of Architects. Ml rights reserved. WARNING: This Al A -Document Is protected try U.& Copyright Law and International Treaties. Unauthartzed reproduction or distribution of this AIA" Document, or any portion of n, 2 may result in severe civil and criminal penalties. and will be prosecuted to the Maximum extent possible under the law. Travelers Casualty and Surety Company of America AAW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Pamela K Hays of NORTH LITTLE ROCK , Arkansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 0SH41, ��.�v µDa�11tf � E � �va��� State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /J �/ ;� xomm a. (/�/�„�_ My Commission expires the 30th day of June, 2026 • �' p1e'10 t Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fled in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seat, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 111th day of May , 2023 D F - Lw� o MrR ol J• rR* )01 WZZ a A(, Kevin E Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. CITY OF FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. o Upload 5% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and setting up an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. N All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid 1 documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72701 Additional Information Required: y • List of Subcontractors: Submit form on Ion v o attach if submitting a physical bid. • AR Secretary of State Filing I OR submit electronically. Arkansas Contractor License #: OR submit electronically. • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically OR circle applicable answer: YES or NO Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville. AR 72701 License No. 0156050424 ID #1 State of Arkansas Commercial Contractors Licensing Board MILESTONE CONSTRUCTION COMPANY, LLC 2002 S 48TH ST SPRINGDALE, AR 72762 This is to Certify That MILESTONE CONSTRUCTION COMPANY, LLC is duly licensed under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: BUILDING - (COMMERCIAL & RESIDENTIAL) MUNICIPAL & UTILITY CONSTRUCTION This contractor has an unlimited suggested bid limit. from April 28, 2023 until April 30, 2024 when this Certificate expires. Witness our hands of the Board, dated at ,North Little Rock, Arkansas: j CHAIRMAN SECRETARY April 28, 2023 - dsa ACC b® CERTIFICATE OF LIABILITY INSURANCE DAM (MMIDo22YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maria Williams NAME: Sterling Seacrest Pritchard ac°NNo (501)478-2962 ac Na: (501)251-1200 i&:amarlaw@sspins.com P O Box 16445 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC0 Little Rock AR 72231 INSURERA: Amensure Mutual Insurance Cc 23396 INSURED Company INSURER B: Ins Atlantic Specialty Com n 27154 Milestone Construction Co., LLC INSURER C : 2002 South 48th Street INSURER D : INSURER E Springdale AR 72762 INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 All Lines REVICInN NI HUBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD INVD POLICY NUMBER POLICY EFF MMMD POLICY EXP MMIDD LIMITS X COMMERCIALGENERALLIABILDY CIAIMS-MADE FRIOCCUR Blanket Contractual Liability EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Esouoenx x $ 1,000,000 X MED EXP(my one consort $ 10,000 X XCU Included PERSONAL SADV INJURY $ 1,000,0()0 A Y Y CPP20262171802 12/01/2022 12/01/2023 GEN'LAGGREGATE LIMITAPPLIES PER: O- POLICY OX PR JECT LOC GENERALAGGREGATE $ 2,000.000 PRODUCTS-COMP/OPAGG $ 2.000,000 $ OTHER: AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Ea �x dent $ 1,000,000 X BODILY INJURY (Per persont $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y CA20262141802 12/01/2022 12/01/2023 BODILY INJURY(P., axiden) $ X HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per acddent $ It X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A I EXCESSL14B cLB- AIMMADE Y Y CU20336521602 12/01/2022 12/01/2023 AGGREGATE $ 10,000,000 DE. X1 RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE � OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yea, describe under DESCRIPTION OF OPERATIONS below NIA Y WC20262351702 12/01/2022 12/01/2023 v /� STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE E 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1.000,000 Blanket Builders Risk Limit Per Jobsite $10,000,000 B 7900210100006 12/'01/2022 12/01/2023 Deductible $2,50 ) Wind/Hail Deductible $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addtional Remarks Schedule, may be attached K more space Is required) The following applies when required in written contract or agreement: Certificate holder and owner are included as additional insureds on a primary and non-contributory basis with respect to General Liability (including completed operations), Auto Liability. Waiver of subrogation is provided on General Liability, Auto Liability and Workers Compensation. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Bid #: 23-24, Construction Date: 5-11- U2/97 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Named ti Address 71 `� ._ � Principal Office a Corporation, partnership, individual, joint venture, other, I �eJ Arkansas State Genera Co tract r' Li ense Number (Type or legibly print) EXPERIENCE STATEMENT L. b 1. Bidder has been engaged as a General Contractor in construction for I � years and has performed work of the nature and magnitude of this ontract for :4 years. Bidder has been in business under its present name for 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.) 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. N0 00140 Bidder Qualifications 00140-1 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 5. Bidder nonnally performs the following work with his own forces: u M nm. V A B ro W, VmL 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): M 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: - k7w'• -6ILL 8. Bidder's Workmen's Compensation Experience Modifier Factor is: •-rq FINANCIAL STATEMENT B. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. 00140-Bidder Qualifications 00140 - 2 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT (continued) 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: Judpment Creditors a. b. Where Docketed and Date Amount S Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: 4L,2023. (OFFICIAL SEAL) Organization:Name of By A!1 (Type or legibly print) By (Signaturee))% / Title � Z-ArZZF4/r (Type or legibly print) (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.) 00140-Bidder Qualifications 00140 - 3 n z ^q o V, rn .3 n n y cn cn c �. NO P �. ❑. C O wO O O v Y 7 �+, pp ❑. P P `n .Oi Lam. Gam. 6 iDi p, OR C y � � 3 0 n c �' v m m O 07 a ro z 8 z > c z ^ n f�1. QS 7 00 a YT w n O 97 In 'n b7 'T Ti z cn ;xI CA R o 0 y^ h E S n .ti. 2' ro rt z eT. i 50 N � A x� rie sa as to as ca ae O W O O W O O pO O pN W O O O O O O O O 0 J O ��i. r u� •.+ N r 0 CD 3 A A n B O O O O O O O O O o a o G °0 0 :74n �c n v°S "o 5�2 n cn v 9 0 nR, °o H zx_ c. iiy S a c 5.a noo v o. v�T Y.� xw2 o E N 09 xa Y C „ O 9 "O J x J GD N J J fl, L�wt, `s� N x � OC. D N v`"�,' 02 b tb�+ O 00 � << �p �p �j v w Q mT w m Z v m y Re S. �O Y n Q O U O N a M �a ^ w` A a zF T x0 O N y ^ y ✓ N J A W ✓ y �O S o V N w .N o N w w W J O 7 $ s $ 8 a $ J S ^ � o a n 0 N N N W W W ^ O 5 a O 7 A [A J (n cp tz N rn t m n m CL m Oc �O x N to d to ° _ E a � y n y xy x x a _ c tz rn 'S7 J � n a y x o w a x 0 0 w rt ON ram, O N to a 4 b J G. � 00 G. z C d o R. O R v tz m (4 x x A ov d v y G < o z r y d x °° tr x; d y O ei N C'� n a x e y R w ^ y � > y n m O ❑ ? ° " y n ^ 4 � �! to 5n p1 8q M L9 O to p O W W " C N O oC 8 J ,V^ r b tJ {ppNh tvJi in to ~ b �J O to to O C w 0 't 7 .N. :o v ;; to t� n to R c to A 3 o A o' R O rt R • N O O d O Nt O CR jv Opp tie R G Ol'�7 C two J 7i G ..r w �+ A UO o �e M n ro z n x z 0 dei r� M O P� y YyY N O iJ G7 rt �yy W J � I, IQ J y J .% IQ a J O raw �• � R 5 y � n. o C a W O s y b O w C Yd ov n o O R w n Y ny I o ti r1no°�Rir, E g F: rt- 2' pr Y YF; Yyc'r. p Y^ ^^ o r. Y IQ o n n K N � 89 Sb &9 LA gy qp ,yy C C pp� C O O W O O S O n o IQ o IQ J e n TJ D o' K N O ✓ V+ u to IQ In h IQ y 0 a re S o J a a w v a w o va S R a £c a O ° A �°$ � > 0 °y 0 9ro 'ne oq J C^ IJ C m J P n J ^ IQ J n N . N rA JO R R P a ^, J N a roTi' 0 J Ci 0 a •o `` 0 6 � � 'o C2 = n vb Z O n �. � y n y ,� 'ro o •� 70 C�`� 1. J ° r�•. J co � CNC Oi `yGr x1,4 E.y R N J < Ra CT, N N R �rt 0 F n fp in M � 49 b9 ye S9 IQ .+ A u' O O w O> W W k O IJ J N N Oo O N J go S O W N ILI S S w n 0 a cr N N r o e e O O O a A • O a G tz ( A + N OO w S C p 7 !''� S ','''j 7 n '� C ai S ,f^ eL J r`e n. F DG Qy 7G 6 a e': O ? 00 ,i Ei to O to z J O J b7 t^ M 7 O E tz 5 � n y' z rta z rt m A C�i C7 z 'S7 Iz 'rl �. n � a S z � b 50 c c. v a y y' IJ C O O N O O O OJ OD Oo �-r pp n oa 00 q 'a O) O O D P e pie O R DOCUMENT 00400 — BID FORM Contract Name: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Bid Number: 23-24 BID TO: Owner: BID FROM: Bidder: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 AN, AIR ' it ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 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 # a 5- - a-3 00400-Bid Form 00400 - 1 DOCUMENT 00400 — BID FORM (continued) Email: Phone Fax Nc ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. (� Arkansas State Contractor License No. b -/ If Bidder is: An Individual Name (type or printed): M Doing business as: Business address: Phone No. Email address: A Partnershio Partnership Name: (Individual's Signature) Fax No. By: (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No. Email address: Fax No, (SEAL) (SEAL) 00400-Bid Form 00400 - 4 DOCUMENT 00400 — BID FORM (continued) Corporation Name: �l 1 t )y� Vi Jl i l 01 I U'J I YW IM �1 , (SEAL) State of Incorporation: ATAi I�n i Type (General Business, Professio)ial, Service, Limited Liability): l I (Signature of gen;r#1 partner - attach evionce of authority to sign) Name 7;2 Title: Attest: Phone No. Email address: Tax ID Number DUNS# Cage Code: Fax No. (CORPORATE SEAL) 00400-Bid Form 00400 - 5 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: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition SWPPP/Erosion Control Asphalt Concrete Landscaping Material Testing Other (designate) Subcontractor's Name and Address I 1 I Alt ago I Fu ..J NOTE: This form must be submitted in accord a ith the Instructions to Bidders. Bidder's Signature Expected Percentage or Value ku�,4gl,m2� rz 00430 List of Subcontractors 00430-1 CITY OF FAYETTEVILLE ARKANS ARKANSAS BID TABULATION Bid 23-24, Construction - Happy Hollow Sidewalk Improvements DEADLINE: Thursday, May 11, 2023 at 2:00 PM Certification of Funds: $600,000.00 ;�.75�,L'{v> w iofo' olio<med; Milestone Construction Company, LLC Sweetser Construction, Inc. Steep Creek LLC $488,300.29 $587,571.00 $733,882.45 Total LIM Description CITY UOM Unit Extended Unit Extended Unit Extended 1 Mobilization (Shall not exceed 596 of Total Bid) LS 519,329.70 519329.70 517,110 00 $17.110.00 $31.625.00 531.625.00 2 Imurance and Bonding 1 LS 527.04340 527.04140 S8,430.00 $8.43000 527.875.00 $27.875.00 i Roadway Construction Control(Staking) i LS 55,040.00 $5,04000 526.000.00 $16.000.00 57,562.50 57,562.50 Act 291, 1993 Trench and Excavation Safety Systems 1 LS 56,300.00 56,30D.00 52,500.00 52.50U.00 S8.937.SU $8.937 50 5 Erosion Control , LS 520,600.00 520,600.00 510,000.00 520,000.00 $9.793.75 $9,793.7S 6 Traffic Control and Maintenance 1 LS S3,780.DO S3.780.DD $50.000.00 550,00100 $27.062.50 SZ7.D62.50 7 Clearin', Grubbing„ & Demolition 1 LS 525,074 DO $25,074.00 $22.500 00 $22500.00 S41.520 00 541.S20.00 8 Remove Dispose Existing Curb and Gutter 12 LF S36.75 $442 NJ 530.00 $360.00 5S1'B4 5622.08 9 Remove Dispose Existing Concrete Pavement (Sidewalk, Driveways, etc.) 40 SY $78.75 53.150.00 $40.00 51,600.00 520.79 $831.60 30 Remove Dispose Existing Asphalt Pavement 180 SY S4S.50 58.19000 $30.00 55,400.00 $5.91 $1,063.80 11 Renew Dispose Existing Storm Sewer System 1. LS 58,06400 S8,054A0 515'wo.00 $25,0D0.00 56,925.00 56.92500 12 Remove Dispose Existing Drop Inlet Top and Reconstruct to Grade I LS 56.3D060 56,30000 S2,500.00 52,5m.00 $1,292.00 $3,282.00 13 Rock Excavation 10 CY S441.OD $4,410.00 5300.DO S,3,DD0.00 5225.00 51,2S0.00 14 Unclassified Excavation (Plan Quantity) 1000 CY 57.56 57,56000 539.00 538.000 00 $27.24 $27.140.00 15 Select Embankment (Plan Quantity) 190 CY $94So $17,955.00 S36 DO 56,84000 $71.25 $23,537.50 16 Embankment (Plan Quanitity) 470 CY $b.17 52.M.90 536.00 $16320 ou $70.07 $32.942.90 17 Subgrade Preparation(Plan Quantity) 277 SY $2730 S7,562.10 520.00 $5,540.00 WAS S13.060.55 28 4" Topsoil Placement 2200 SY $6.75 57,42500 $12.00 $13,200.00 $7.92 $8.722.00 19 Undercut and Backfill (As directed) 50 CY 59576 54.788 00 565.00 53,2S0.00 $114.94 55.747,00 20 16") Aggregate Base Course (Class 7) (Roadway) 200 SY $20.16 54.032.00 530.00 $6.000.00 520.23 54.046.00 21 Asphalt Concrete Patchingfor Maintenance of Traffic 25 TON 5226.80 5S,670.00 S150.00 53,750.00 527S.00 $6,87500 22 Class 7 Base for Maintenance of Traffic 30 TON 592.40 52.T72.00 $30.00 5900.00 563.32 $1,899.60 23 Concrete and Asphalt T-Patch 20 SY 5252.00 5S.040.00 $225.00 54,500.00 $168.06 53.361.10 24 18" Concrete Curb and Gutter (Type A) w/ 6" Class 7 Base 995 LF S3014 530.088,80 534.00 $33,830.00 539.11 $38,914,45 25 4"Thick Concrete Sidewalk w/Class7Base 535 Sy $73.71 $39.434.85 $95.00 $50,825.00 $134.34 $71,872.90 26 6" Concrete Sidewalk Turndown with curb and Handrail 10 LF 5226.80 $2,268,00 $2S0.00 52.SW.00 562S.S0 $6,255.00 27 6'Thick Concrete Sidewalk with 6" Class 7 Base 470 SY $85.05 $39,97350 $120.00 $51,70000 5157.66 $74,100.20 28 Connect New 18" RCP to Existing Drop Inlet I LS 51.8woo $1.890.0D 52.000.00 52.DD0.00 $2,362.50 52.362.50 29 18" Reinforced Concrete Pipe Oast III 257 LF 569.58 $10.924.06 $108.00 S16,956.00 $145.58 $22,856,06 30 24" Reinforced Concrete Pipe Class 111 306 LF $105.00 $32,130.00 5140.00 542,840.00 S157.44 548,176.64 31 36" Reinforced Concrete Pipe Class Ili 136 LF $351.00 S47,73600 537000 $50.320.00 $223.99 $30,462.64 32 36" Reinforced Concrete Pipe Class III (Under Pavement) 27 LF S255.74 56,904 98 5400 00 510,13M.00 5267.03 57.211.16 33 (4'x4') Drop Inlets lTYpe C) 4 FA 57.5450.00 S30,240.00 $4.500.00 $18.000.00 $16,590,63 $66,362.52 34 (S'xS') Drop Inlets JType C) 2 EA 58,19000 516.38000 S6,5a0.00 $13,DOO.DO 516.728.13 S33,456.26 35 18" Concrete Flared End Section 1 EA 575600 $756.00 $1.500.DO $1,500.00 5624.38 5624.38 36 36" Concrete Flared End Section 2 EA 51.7640D $3.528.00 S3,S00.00 $7.000.00 $1,380.63 $2,761.26 37 (4') Drop Inlet Extension 3 EA $2,52000 57,560.00 S2,000.00 56,000.00 51.600.00 $7,800.00 38 Rock Ri p Rap (with Geotectile Fabric) 80 SY 547.25 $3.780.00 S150.00 512,000.00 570.20 $S,616.00 39 Sold Sod (Bermuda) i3o0 SY $S.10 55.630.00 59.OU 58,800.00 $26.19 528.809.00 40 Mailbox AssembN 3 fA $210.00 5630.00 $400.00 51,200.00 $973.75 54921.25 41 Relocate Existing Water Meter 1 EA S4,410.00 54,410.00 52,000.00 $2,000.00 $2,793.75 $2,783.75 42 Construction Video & Photographs 1 IS $6313 DO 5630.00 53.000.00 53,000.l70 $6.875.00 $6,875.CO Digitally signed byAmanda Amanda Beilfuss B;,'N ss Date: 2023.05.12 14:12:50 -05'09 Amanda eeIF- Sr. Nrd,,JngAg- sign by Les cGaugh Les McGaugh Date: 2102305-11608:21:240-05'00' 1- M-gh, P-fi,,ing Dir-r HAPPY HOLLOW F;E:) 2020 SIDEWALK IMPROVEMENTS m m m 0 0 z for the City of Fayettevi 11 e MAY 2023 East SaP�'t`�C e Mount_-----,ThaCliffs- j $ quoyah (— -� -------- - ---- Timber Trails �__ .___ � H • H II — East Fair lane Street -0 cu 0 0Y appy o ow — Elementary AR 265 School I I N Vl � O C L d Q � vJ 7 O AR AR 16 ___ VICINITY MAP CITY OF 1.2 FAYETTEVILLE ARKANSAS wwwhyettevi I I e-a r. gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 Milestone Construction Company LLC-Change Order No. 1 City of Fayetteville Staff Review Form 2024-0149 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Casey 3/6/2024 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Approval of Change Order 1 with Milestone Construction Company LLC for the Happy Hollow Sidewalk Project which will increase the contract amount by$430.44. Budget Impact: 2100.410.5500-5814.00 2100-Street Fund Account Number Fund 02053.5500 Sidewalk Improvements Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 2,381,872.00 Expenses(Actual+Encum) $ 739,225.42 Available Budget $ 1,642,646.58 Does item have a direct cost? Yes Item Cost $ 430.44 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 1,642,216.14 V20221130 Purchase Order Number: 2023-00000590 Previous Ordinance or Resolution# 123-23 Change Order Number: 1 Approval Date: 03/15/2024 Original Contract Number: 2023-00000031 Comments: CITY OF 11/0111411, FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton. Chief of Staff Chris Brown, Public Work Director FROM: Matt Casey, Engineering Design Manager DATE: March 6. 2024 SUBJECT: Approval of Change Order 1 for the Happy Hollow Sidewalk Project RECOMMENDATION: Staff recommends approval of Change Order 1 for the Happy Hollow Sidewalk Project which will increase the contract amount by $430.44. BACKGROUND: The Happy Hollow Sidewalk Improvements project includes the construction of approximately 1,000 feet of 6' wide sidewalk along the west side of Happy Hollow Road from 4th Street to the north. In addition to the sidewalk improvements, the project will include minor drainage improvements. new sections of curb and gutter. driveway construction and pavement repair. This project was included in the Transportation Division Sidewalk Work Plan for 2023. The Engineering Division prepared the design plans. and the project was put out for bid. The City Council approved a construction contract with Milestone Construction Company, LLC at the June 6. 2023 city council meeting. The construction is now complete. DISCUSSION: Change Order 1 is a reconciliation change order which changes the contract quantities to equal the actual constructed quantities. This results in the final contract amount equaling the final project cost. During construction there were minor overruns and underruns of quantities due to unexpected site conditions. The attached change order form lists the overruns and underruns for each of the bid items for the project. The increase in the construction cost with these changes resulted in the final cost being $430.44 over the original contract amount. BUDGET/STAFF IMPACT: The City Council approved a construction contingency of$50,000.00 for this project. This contingency will be used to cover the cost of these changes. Attachments: Change Order 1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 RCO CHANGE ORDER C'T Y OF .� FAYETTEVILLE A R K A N S A S Contract Title: Happy Hollow Sidewalk Improvements Change Order No I Date of Issuance March 5,2024 To Contractor: MILESTONE CONSTRUCTION COMPANY,LLC ORDINANCE/RESOLLTION:123-23 The Contract is changed as follows Effective June 6.2023 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 13 Rock Excavation 10.00 CY S441.00 0.00 S441.00 $4,410.00 S0.00 18 4"Topsoil Placement 1100.00 SY S6.75 1006.30 $6.75 S7.425.00 $6,79253 19 Undercut and Backfill 50.00 CY S95.76 0.00 895.76 S4.788.00 S0.00 20 (6')Aggregate Base Course(Class 7)(Roadway) 200.00 SY S20.I6 0.00 $20.16 $4,032.00 S0.00 21 Asphalt Concrete Hot Mix Patching for Maintenance of Traffic 25.00 TON S226.80 0.00 S226.80 $5,670.00 S0.00 22 Class 7 Base for Maintenance of Traffic 30.00 TON S92.40 10.00 S92.40 $2,772.00 $924.00 23 T•Patch 20.00 SY S252.00 17.40 S252.00 $5,040.00 S4,384.80 24 Concrete Curb and Gutter(18') 995.00 LF S30.24 1016.00 S30.24 S30,088.80 S30,723.84 25 4"Thick Concrete w/4'ABC Class 7(Sidewalks) 535.00 SY $73.71 625,70 $73.71 $39,434.85 $46,120.35 26 Concrete Turndown with Handrail 10.00 LF S226.80 31.50 $226.80 $2,268.00 S7,144.20 27 6"Thick Concrete w/6"ABC Class 7(Driveways and Pavement Repair) 470.00 SY $85.05 413.90 S85.05 S39,973.50 S35,202.20 29 18"Reinforced Concrete Storm Sewer Pipe 157.00 LF $69.58 163.50 S69.58 $10,924.06 $11.376.33 30 24"Reinforced Concrete Storm Sewer Pipe 306.00 LF S105.00 309.00 SI05.00 S32,I30.00 S32.445.00 31 36"Reinforced Concrete Storm Sewer Pipe 136.00 LF $351 00 142.50 S351.00 S47,736.00 S50.017.50 32 36"Reinforced Concrete Storm Sewer Pipe(Under Street) 27.00 IF S255.74 22.50 S255.74 S6,904.98 $5,754.15 34 5'x5'Cast in Place Concrete Drop Inlet 2.00 EA $8,190.00 3.00 $8,190.00 SI6,380.00 S24,570.00 35 18"Reinforced Concrete Flared End Section 100 EA S756.00 2.00 S756.00 S756.00 $1,512.00 38 Rock Rip Rap with Fabric 80 CO SY $47.25 85.60 $47.25 S3,780.00 S4,044.60 39 Solid Sod(Bermuda) 110000 SY S5.10 1006.30 S5.10 S5.610.00 55.132.13 41 Relocate Existing Water Meter 1 00 EA $4,410.00 2.00 S4,410.00 S4,410.00 $8,820.00 Summation of Cost S274,533.19 S274,963.63 Net Cost for this Change Order S430.44 Not valid until signed by the Owner The original Contract Price was ---- S 488,300.29 Net change by previously authorized change orders __ .--_ -_.___..._...........__..........._..__......_.�--__--__ The Contract Price prior to this Change Order was S 488,300.29 The Contract Price will be adjusted by S 430.44 The new Contract Price including this Change Order will be S 488,730.73 The Contract Time(s)will be increased by - calendar days Required dates of Completion as of the date of this Change Order therefore are Substantial Completion 4 -- I1-Jan-24 Final Completion ---- ' __ 'l. I0.Feb 24 MILESTONE CONSTRUCTION COMPANY,LLC �� Y.OF Ffillilir -' ( 3-5-2024 , ,1 i, l 1 /15/2024 BY DATE - DATE t