HomeMy WebLinkAbout86-07 RESOLUTIONRESOLUTION NO. 86-07
A RESOLUTION APPROVING A CONTRACT WITH WILSON
BROTHERS CONSTRUCTION IN THE AMOUNT OF $1,327,793 62 FOR
IMPROVEMENTS TO THE NOLAND WASTEWATER TREATMENT
PLANT PRIMARY POND, WSIP SUBPROJECT EP -1; AND APPROVING
A 5% PROJECT CONTINGENCY IN THE AMOUNT OF $65,000.00.
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
approves a Contract with Wilson Brothers Construction in the amount of $1,327,793.62
for improvements to the Noland Wastewater Treatment Plant Primary Pond, WSIP
Subproject EP -1. A copy of the Contract, marked Exhibit "A," is attached hereto and
made a part hereof.
Section 2. That the • City Council of the City of Fayetteville, Arkansas hereby
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approves a 5% Project Contingency in the amount of $65,000.00.
PASSED and APPROVED this 15th day of May, 2007.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
DOCUMENT 00500 - AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND WILSON BROTHERS
CONSTRUCTION CO., INC.
Project Name: Wastewater System Improvement Project
Contract Name: Noland Wastewater Treatment Plant Wet Weather Improvements
ContractNo.: EP -1
THIS AGREEMENT is dated as of the day of M ANI in the year 2007 by and
between CITY OF FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION CO., INC.
ARTICLE 1 - WORK
1.01 WILSON BROTHERS CONSTRUCTION CO., INC. shall complete all Work as specified
or indicated in the Contract Documents. The Work under this Contract is generally described
as follows:
The Contract provides for the installation of a concrete liner, geomembrane liner, a
nonpotable water high pressure washdown system and other miscellaneous improvements at
the Noland Wastewater Treatment Plant Primary Pond, 1500 N. Foxhunter Road,
Fayetteville, Arkansas 72701 in accordance with the documents prepared by Black & Veatch
Corporation.
1.02 The Contract for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
The City of Fayetteville, Arkansas is undertaking a project to redirect sewer flows from
portions of the City in the Illinois River drainage basin to a new wastewater treatment plant
on the west side of the City and upgrade sewers in the City which are in the White River
drainage basin and upgrade the existing wastewater treatment plant on the east side of the
City. The project is known as the Wastewater System Improvement Project and includes, but
may not be limited to, four areas of improvements as follows:
1. Westside Wastewater Treatment Plant.
2. Westside Collection System Improvements.
00500Agreement.doc
00500— 1 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
3. Paul R. Noland Wastewater Treatment Plant Improvements.
4. Eastside Collection System Improvements.
ARTICLE 2 - ENGINEER
2.01 The Contract has been designed by BLACK & VEATCH CORPORATION. BLACK &
VEATCH CORPORATION assumes all duties and responsibilities, and has the rights and
authority assigned to BLACK & VEATCH CORPORATION in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within One Hundred Eighty
(180) 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 Two Hundred
Ten (210) calendar days after the date when the Contract Times commence to run.
1. Substantially Complete by date stated above shall be defined as the
completion of all major work items as required for a fully operational system.
3.03 LIQUIDATED DAMAGES:
A. THE CITY OF FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION
CO., INC. 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,
00500 Agreement.doc
00500 — 2 Project No. 135045
•
DOCUMENT 00500 — AGREEMENT (continued)
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 WILSON
BROTHERS CONSTRUCTION CO., INC. agree that as liquidated damages for
delay (but not as a penalty) WILSON BROTHERS CONSTRUCTION CO., INC.
shall pay THE CITY OF FAYETTEVILLE One Thousand Dollars ($1,000.00) 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 WILSON BROTHERS CONSTRUCTION CO., INC. 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, WILSON
BROTHERS CONSTRUCTION CO., INC. 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 shall pay WILSON BROTHERS CONSTRUCTION CO.,
INC. for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to paragraphs below:
A. LUMP SUM CONTRACT PRICE: For all Work a Lump Sum of:
One Million, Three Hundred Twenty -Seven Thousand, Seven Hundred Ninety -Three and
62/100 Dollars ($1,327,793.62).
4.02 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
00500 Agreement.doc
00500 — 3 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. WILSON BROTHERS CONSTRUCTION CO., INC. shall submit Applications for
Payment in accordance with the GENERAL CONDITIONS. Applications for
Payment will be processed by THE CITY OF FAYETTEVILLE as provided in the
GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS RETAINAGE:
THE CITY OF FAYETTEVILLE shall make progress payments on account of the
Contract Price on the basis of WILSON BROTHERS CONSTRUCTION CO.,
INC.'s Applications for Payment as recommended by BLACK & VEATCH
CORPORATION or about the 20th day of each month during construction. All such
payments will be measured by the schedule of values established in the GENERAL
CONDITIONS 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 BLACK &
VEATCH CORPORATION shall determine, or THE CITY OF
FAYETTEVILLE may withhold, in accordance with the GENERAL
CONDITIONS.
00500 Agreement.doc
a. 90% of Work Completed (withthe balance being retainage). If Work
has been 50% completed as determined by BLACK & VEATCH
CORPORATION and if the character and progress of the Work have
been satisfactory to THE CITY OF FAYETTEVILLE and BLACK &
VEATCH CORPORATION, THE CITY OF FAYETTEVILLE on
recommendation of BLACK & VEATCH CORPORATION may
determine that as long as the character and progress of the Work
subsequently remain satisfactory to them a 5 percent retainage will be
00500 — 4 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
•
withheld on the remaining progress payments prior to Substantial
Completion; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation
satisfactory to THE CITY OF FAYETTEVILLE as provided in the
GENERAL CONDITIONS.
Upon Substantial Completion, THE CITY OF FAYETTEVILLE shall pay an
amount sufficient to increase total payments to WILSON BROTHERS
CONSTRUCTION CO., INC. to 95% of the Contract Price (with the balance
being retainage), less such amounts as BLACK & VEATCH
CORPORATION. shall determine, or THE CITY OF FAYETTEVILLE may
withhold, in accordance with the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
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 BLACK & VEATCH
CORPORATION and as provided in the GENERAL CONDITIONS.
ARTICLE 6 - WILSON BROTHERS CONSTRUCTION CO., INC.'S REPRESENTATIONS
6.01 In order to induce THE CITY OF FAYETTEVILLE to enter into this Agreement, WILSON
BROTHERS CONSTRUCTION CO., INC. makes the following representations:
A. WILSON BROTHERS CONSTRUCTION CO., INC. has examined and carefully
studied the Contract Documents including the Addenda and other related data
identified in the Bid Documents.
WILSON BROTHERS CONSTRUCTION CO., INC. 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.
00500Agreement.doc
00500 — 5 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
WILSON BROTHERS CONSTRUCTION CO., INC. 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. WILSON BROTHERS CONSTRUCTION CO., INC. 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. WILSON BROTHERS CONSTRUCTION CO., INC. acknowledges
that THE CITY OF FAYETTEVILLE and BLACK & VEATCH
CORPORATION 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. WILSON BROTHERS CONSTRUCTION CO., INC 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 WILSON
BROTHERS CONSTRUCTION CO., INC. and safety precautions and programs
incident thereto.
WILSON BROTHERS CONSTRUCTION CO., INC. 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.
00500 Agreement.doc
00500 — 6 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
G. WILSON BROTHERS CONSTRUCTION CO., INC. 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. WILSON BROTHERS CONSTRUCTION CO., INC. has correlated the information
known to WILSON BROTHERS CONSTRUCTION CO., INC., 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.
WILSON BROTHERS CONSTRUCTION CO., INC has given BLACK &
VEATCH CORPORATION written notice of all conflicts, errors, ambiguities, or
discrepancies that WILSON BROTHERS CONSTRUCTION CO., INC. has
discovered in the Contract Documents and the written resolution thereof by BLACK
& VEATCH CORPORATION is acceptable to WILSON BROTHERS
CONSTRUCTION CO., INC.
The Contract Documents are generally sufficientto 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 WILSON BROTHERS CONSTRUCTION CO., INC.
concerning the Work consist of the following and may only be amended, modified, or
supplemented as provided in the GENERAL CONDITIONS:
00500Agreement.doc
This Agreement.
Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
00500 — 7 Project No. 135045
If
DOCUMENT 00500 — AGREEMENT (continued)
b. WILSON BROTHERS CONSTRUCTION CO., INC.'s Bid.
c. Documentation submitted by WILSON BROTHERS CONSTRUCTION
CO., INC. prior to Notice of Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Labor -Related Regulations.
7. Specifications consisting of divisions and sections as listed in table of
contents of Project Manual.
8. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with each sheet bearing the following general title:
Noland Wastewater Treatment Plant Wet Weather Improvements EP -1
9. Addenda number 1, inclusive.
10. 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.
00500Agreement.doc
00500 — 8 Project No. 135045
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:
THE CITY OF FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION
CO., INC. 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
WILSON BROTHERS CONSTRUCTION CO., INC., 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 OTHER PROVISIONS: Not Applicable.
8.06 CONTROLLING LAW
A. This Agreement shall be subject to, interpreted and enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
00500Agreement.doc
•
00500 — 9 Protect No. 135045
•
DOCUMENT 00500 — AGREEMENT (continued)
8.07 ARKANSAS OF INFORMATION ACT
City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work
are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, WILSON
BROTHERS CONSTRUCTION CO., INC. 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.
00500Agreement.doc
00500 — 10 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
IN WITNESS WHEREOF, THE CITY OF FAYETTEVILLE and WILSON BROTHERS
CONSTRUCTION CO., INC have signed this Agreement in quadruplicate. One counterpart
each has been delivered to THE CITY OF FAYETTEVILLE, WILSON BROTHERS
CONSTRUCTION CO., INC., and BLACK & VEATCH CORPORATION. All portions of
the Contract Documents have been signed, initialed, or identified by THE CITY OF
FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION CO., INC.
This Agreement will be effective on
Date of the Agreement.
Mai
, 2007, which is the Effective
WILSON BROTHERS CONSTRUCTION CO., INC. Cit of Fa ett ville
By:
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(SEAL
Address fo; giving notices
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Abort, ga9al
License No. 015 Col 0aOE'
Agent for Service of process
(If WILSON BROTHERS CONSTRUCTION
CO., INC is a corporation, attach evidence
of authority to sign.)
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(If Owner is a public body attach
evidence of authority to
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authorizing execution of Agreement)
Appro
By:
d A?erForm
Attorney For: City of Fayetteville
END OF DOCUMENT 00500
00500 —11
Project No. 135045
•
David Jurgens
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
15 -May -07
City Council Meeting Date
Wastewater System Impry Project Water/Wastewater
Division Department
Action Required:
FpprovaI
of a construction contract with Wilson Brothers Construction in the amount of $1,327,793.62, for iktJ—
nouatioa.of a wast t trstatier;, WS1P Subproject EP -1, and approve a 5% contingency of $65,000.
0 Nolu.v.j (A) ,t.wa, c. Ifort. tI,vct (Ittiwfi?(.;vVt0..sj Porleit
5
7/5 /0?
e‘ -a7
rdrr Hits
$1,392,793.62
Cost of this request
4480.9480.5315.00
Account Number
02133.0313
73,457,653 Wastewater System Imp Project
Category / Project Budget Program Category / Project Name
68,666,351 Water and Wastewater
Funds Used to Date Program / Project Category Name
4,791,302
Project Number Remaining Balance
Budgeted Item
•
xx
Budget Adjustment Attached
Water/Sewer
Fund Name
Depart
r
Dire
CD
City Attomey(
tor
0. a.. Lie—.
Finance and Internal Service Director
Mayor
Comments:
Previous Ordinance or Resolution #
11 4\09e..6n
Date Original Contract Date:
Original Contract Number.
V/7%7
Date
H -t7—a7
Date
Date
Received in C
Received in Mayor's Office
City Council Meeting of May 15, 2007
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water and Wastewater Director
Date: April 10, 2007
Subject: Approval of a construction contract with Wilson Brothers Construction in the amount of
$1,327,793.62, for the renovation of a wastewater lift station, WSIP Subproject EP -1, and approve a
5% contingency of $65,000
RECOMMENDATION
City Administration recommend approval of a construction contract with Wilson Brothers
Construction in the amount of $1,327,793.62, for the installation of a concrete liner, geomembrane
liner, a nonpotable water high pressure washdown system and other miscellaneous improvements at
the Noland Wastewater Treatment Plant Primary Pond, WSIP Subproject EP -1 and approve a 5%
contingency of $65,000.
BACKGROUND
The project involves lining the 17 million gallon Noland Wastewater Treatment Plant primary
storage pond, allowing it to be used for untreated wet weather flows before they enter the treatment
process. Currently, the storage pond can only be used for treated or partially treated water.
Specifically, it provides for the installation of a concrete liner, geomembrane liner, a nonpotable
water high pressure washdown system and other miscellaneous improvements at the site. This
project will significantly reduce overflows, as peak flows in excess of short term treatment plant
capacity will be stored until the peak flow drops. It will also prevent the biological treatment system
from being inundated during the significant variations from normal flow to storm -related flow.
The City received two bids on April 5, 2007 for this project, as follows:
Wilson Brothers Construction
Archer Western
Engineer's Estimate
$ 1,327,793.62
$ 1,534.000.00
$ 1,171935.00
DISCUSSION
The bid has been reviewed by Black & Veatch, the Engineer; their letter recommending award is
attached
BUDGET IMPACT
Funds are available in the WSIP project budget.
EP -1 CCMemoAprO7
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH WILSON
BROTHERS CONSTRUCTION IN THE AMOUNT OF
$1,327,793.62 FOR IMPROVEMENTS TO THE NOLAND
WASTEWATER TREATMENT PLANT PRIMARY POND, WSIP
SUBPROJECT EP -1; AND APPROVING A 5% PROJECT
CONTINGENCY IN THE AMOUNT OF $65,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF T ECITY
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the Ci Fayetteville, Arkansas
hereby approves a Contract with Wilson tothers Constr ctio in the amount of
$1,327,793.62 for improvements to the and Wa te eater Treatment Plant
Primary Pond, WSIP Subproject EP -1. AJ of the Cantrat , mark ?Exhibit
"A," is attached heretoe a part
Sec -tion 2. That the CouRc 'of the- Ci ,,ofxFayetteville, Arkansas
here1 I p"Yr ve a 5 rojeect Continge cy in the arno nit of $65,000 00.
PASSED pand APPROVED tlu 1 t da of May, 2007.
Y Y
ATTEST.
By:
021'N COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
t
T
O
* * * BID TABULATION * *
BLACK & VEATCH CORPORATION
FOR: City of Fayetteville BIDS RECEIVED: PROJECT PERSONNEL
Project No. 135045.400 Noland WWTP Improvements Until 1:30 P.M. April 5, 2007 Project Engineer: Katie Funderburk
NAME OF BIDDER
ADDRESS OF BIDDER
(Lump Sum Bid
CERTIFIED FUNDS
0
ADDENDUM ACKNOWLEDGED
IVERIFICATION OF PAST EXPERIENCE 1
BIDDER QUESTIONNAIRE COMPLETED
BID SECURITY INCLUDED
LIST OF SUBCONTRACTORS INCLUDED
EQUIPMENT QUESTIONNAIRE INCLUDED
BID SIGNED
Item Description
1,300,000
1,172,000.00
ENGINEER'S OPINION
OF PROBABLE
CONSTRUCTION COST
bi
oz
O
O
C
O
y
Yes
Yes
i<P-<
w
y
Yes
Archer Western Contractors, Ltd.
2121 Ave "1" Suite 103
Arlington, Texas 76006
1,327,793.62
N
CA
2
w
0
w
0
w
Yes
Yes
N
w
Wilson Brothers Construction Co.
P.O. Box 580
Alma, Arkansas 72921
0,.
BLACK & VEATCH
E ,.poration
I it E'er ,.�f ��».�'
FEB 22 200?
CITY OF FAYET MVILLE
MAYOR'S OFFICE
8400 Ward. Parkway, P.O. Box 8405, Kansas City, Missouri 64114, (913) 458-2000
B&V Project 135045.310
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
NOLAND WASTEWATER TREATMENT PLANT
CONTRACT EP -1
WET WEATHER IMPROVEMENTS
OPINION OF
CONSTRUCTION PROJECT COST
February 22, 2007
SUMMARY
General Requirements 78,900
Effluent Storage Reservoir Improvements 986,495
Subtotal 1,065,395
Allowance for Unquantified Scope Items
10% 106,540
TOTAL PROBABLE CONSTRUCTION COST - CONTRACT EP -1 1,171,935
BLACK & VEATCH
building a world of difference
ENERGY WATER INFORMATION GOVERNMENT '
City of Fayetteville, Arkansas
Noland WWTP Improvements
Wet Weather Improvements
Contract EP -1
Mr. David Jurgens
Director of Water and Wastewater
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mr. Jurgens:
B&V Project 135045
B&V File B-1.1
April 16, 2007
Subject: Bid Results and Recommendation
Bids were received and opened on April 5, 2005 in the City of Fayetteville City Hall, for the
above mentioned project. Thefollowing is a list of the contractor lump sum bids in the order in
which they were read.
Archer Western Construction, Ltd.
Wilson Brothers Construction Co.
Lump Sum Bid
$1,534,00.00
$1,327,793.62
The low bid was submitted by Wilson Brothers Construction Co. for -$1,327.793.62. The
Engineer's Opinion of Probable Cost was $1,172,000 and the certified amount was 1,300,000. A
Bid Tabulation is attached.
Wilson Brothers Construction Co. provided information about their firm, their experience and
proposed project team.
Wilson Brothers Construction Co. proposes the following project team:
• Marley T. Phillips— Project Manager, 8 months of experience in this role and over 12
years of total experience:
• Cliff Ellis — Superintendent, 5 years of experience in this role at Wilson Brothers and a
total of 58 years of experience.
We have contacted six (6) references from the projected performed by Wilson Brothers
Construction Co. The projects ranged in price from $100,000. to $2.73 million. The owners and
engineers interviewed were satisfied with the work that Wilson Brothers Construction Co. had
Black & Veatch Corporation • 8400 Ward Parkway • P.O. Box 84135 • Kansas City, MO 64114 USA • Telephone: 913.458.2000
Mr. David Jurgens
City of Fayetteville, Arkansas
Contract EP -1
Page 2
B&V Project 135045
B&V File B -1.I
April 16, 2007
performed and commented that Wilson Brothers had been attentive to the Owner and completed
the work without excessive change orders.
Wilson Brothers Construction Co. does have certification by the State of Arkansas to conduct
business in Arkansas. Additionally, a financial statement has been attached for Wilson Brothers.
Wilson Brothers Construction Co. has completed and submitted a "Bidder's Qualification
Statement". The form has been included for your information and review.
We recommend that Contract EP -1 be awarded to Wilson Brothers Construction Co. for
$1,327,793.62.
If you have any questions or comments regarding the above information, call me at (913) 458-
3147.
Very Truly Yours,
BLACK ? VEATCH CORPORATION
Kam 'nderburk
Project Engineer
Enclosures: 4 copies of the following
Bid Tabulation
Agreement
Bid Documents
Project Team with Resumes
Financial Statement
cc: Andrea Allen, City of Fayetteville
NAME OF BIDDER
ADDRESS OF BIDDER
Lump Sum Bid
CERTIFIED FUNDS 1
NO
ADDENDUM ACKNOWLEDGED
VERIFICATION OF PAST EXPERIENCE
IBIDDER QUESTIONNAIRE COMPLETED
EQUIPMENT QUESTIONNAIRE INCLUDED 1
ILIST OF SUBCONTRACTORS INCLUDED
B1D SECURITY INCLUDED
co
Item Description
D SIGNED
1,300,000
FOR: City of Fayetteville BIDS RECEIVED: PROJECT PERSONNEL
Noland WWTP Improvements Until 1:30 P.M. April 5, 2007 Project Engineer: Katie Funderburk
Contact EP -1 At 113 West Mountain Street
Fayetteville, Arkansas 72701 Page 1 of 1
1,172,000.00
ENGINEER'S OPINION
OF PROBABLE
CONSTRUCTION COST
lalLk)
OO
O
O
co
Yes
Yes
Yes
N
co
Yes
D
co
Archer Western Contractors. Ltd.
2121 Ave "J" Suite 103
Arlington. Texas 76006
1,327,793.62
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Yes
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N
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N
Yes
Wilson Brothers Construction Co.
P.O. Box 580
Alma. Arkansas 72921
DOCUMENT 00500 - AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND WILSON BROTHERS
CONSTRUCTION CO., INC.
Project Name: Wastewater System Improvement Project
Contract Name: Noland Wastewater Treatment Plant Wet Weather Improvements
Contract No.: EP -1
THIS AGREEMENT is dated as of the day of
in the.year 2007 by and
between CITY OF FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION CO. INC.
ARTICLE I - WORK
1.01 WILSON BROTHERS CONSTRUCTION CO., INC. shall complete all Work as specified
or indicated in the Contract Documents. The Work under this Contract is generally described
as follows:
The Contract provides for the installation of a concrete liner, geomembrane liner, a
nonpotable water high pressure washdown system and other miscellaneous improvements at
the Noland Wastewater Treatment Plant Primary Pond, 1500 N. Foxhunter Road,
Fayetteville, Arkansas 72701 in accordance with the documents prepared by Black & Veatch
Corporation.
1.02 The Contract for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
The City of Fayetteville, Arkansas is undertaking a project to redirect sewer flows from
portions of the City in the Illinois River drainage basin to a new wastewater treatment plant
on the west side of the City and upgrade sewers in the City which are in the White River
drainage basin and upgrade the existing wastewater treatment plant on the east side of the
City. The project is known as the Wastewater System Improvement Project and includes, but
may not be limited to, four areas of improvements as follows:
I. Westside Wastewater Treatment Plant.
2. Westside Collection System Improvements.
00500 - Agreement.doc
00500-1
Project No. 135045
DOCUMENT 00500 —AGREEMENT (continued)
3. Paul R. Noland Wastewater Treatment Plant Improvements.
4. Eastside Collection System Improvements.
ARTICLE 2- ENGINEER
2.01 The Contract has been designed by BLACK & VEATCH CORPORATION. BLACK &
VEATCH CORPORATION assumes all duties and responsibilities, and has the rights and
authority assigned to BLACK & VEATCH CORPORATION in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 3- CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within One Hundred Eighty
(180) 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 Two Hundred
Ten (210) calendar days after the date when the Contract Times commence to run.
Substantially Complete by date stated above shall be defined as the
completion of all major work items as required for a fully operational system.
3.03 LIQUIDATED DAMAGES:
A. THE CITY OF FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION
CO., INC. 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,
00500 - Agreement.doc 00500-2 Project No. 135045
DOCUMENT 00500— AGREEMENT (continued)
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 WILSON
BROTHERS CONSTRUCTION CO., INC. agree that as liquidated damages for
delay (but not as a penalty) WILSON BROTHERS CONSTRUCTION CO., INC.
shall pay THE CITY OF FAYETTEVILLE One.Thousand Dollars ($1,000.00) 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 WILSON BROTHERS CONSTRUCTION CO., INC. 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, WILSON
BROTHERS CONSTRUCTION CO., INC. 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 shall pay WILSON BROTHERS CONSTRUCTION.CO.,
INC. for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to paragraphs below
A. LUMP SUM CONTRACT PRICE: For all Work a Lump Sum of:
One Million, Three Hundred Twenty -Seven Thousand, Seven Hundred Ninety -Three and
62/100 Dollars ($1,327,793.62).
4.02 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
00500 - Agreement.doc 00500-3 r Project No. 135045
DOCUMENT 00500— AGREEMENT (continued)
ARTICLE 5- PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. WILSON BROTHERS CONSTRUCTION CO., INC. shall submit Applications for
Payment in accordance with the GENERAL CONDITIONS. Applications for
Payment will be processed by THE CITY OF FAYETTEVILLE 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 WILSON BROTHERS CONSTRUCTION CO.,
INC.'s Applications for Payment as recommended by BLACK & VEATCH
CORPORATION or about the 20'h day of each month during construction. All such
payments will be measured by the schedule of values established in the GENERAL
CONDITIONS or, in the event there is no schedule of values, as provided in the
General Requirements.
Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as BLACK &
VEATCH CORPORATION shall determine, or THE CITY OF
FAYETTEVILLE may withhold, in accordance with the GENERAL
CONDITIONS.
a. 90% of Work Completed (with the balance being retainage). If Work
has been 50% completed as determined by BLACK & VEATCH
CORPORATION and if the character and progress of the Work have
been satisfactory to THE CITY OF FAYETTEVILLE and BLACK &
VEATCH CORPORATION, THE CITY OF FAYETTEVILLE on
recommendation of BLACK & VEATCH CORPORATION may
determine that as long as the character and progress of the Work
subsequently remain satisfactory to them a 5 percent retainage will be
00500 - Agreement.doc 00500 —4 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
withheld on the remaining progress payments prior to Substantial
Completion; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation
satisfactory to THE CITY OF FAYETTEVILLE as provided in the
GENERAL CONDITIONS.
Upon Substantial Completion, THE CITY OF FAYETTEVILLE shall pay an
amount sufficient to increase total payments to WILSON BROTHERS
CONSTRUCTION CO., INC. to 95% of the Contract Price (with the balance
being retainage), less such amounts as BLACK & VEATCH
CORPORATION, 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 BLACK & VEATCH.
CORPORATION and as provided in the GENERAL CONDITIONS.
ARTICLE 6 - WILSON BROTHERS CONSTRUCTION CO., INC.'S REPRESENTATIONS
6.01 In order to induce THE CITY OF FAYETTEVILLE to enter into this Agreement, WILSON
BROTHERS CONSTRUCTION CO., INC. makes the following representations:
A. WILSON BROTHERS CONSTRUCTION CO., INC. has examined and carefully
studied the Contract Documents including the Addenda and other related data
identified in the Bid Documents.
B. WILSON BROTHERS CONSTRUCTION CO., INC. 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.
00500 - Agreement.doc 00500-5 Project No. 135045
DOCUMENT 00500 —AGREEMENT (continued)
C. - WILSON BROTHERS CONSTRUCTION CO., INC. 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. WILSON BROTHERS CONSTRUCTION CO., INC. 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. WILSON BROTHERS CONSTRUCTION CO., INC. acknowledges
that THE CITY OF FAYETTEVILLE and BLACK & VEATCH
CORPORATION 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. WILSON BROTHERS CONSTRUCTION CO., INC. 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 WILSON
BROTHERS CONSTRUCTION CO., INC. and safety precautions and programs
incident thereto.
F. WILSON BROTHERS CONSTRUCTION CO., INC. 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.
00500 - Agreement.doc 00500-6 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
G. WILSON BROTHERS CONSTRUCTION CO.. INC. 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. WILSON BROTHERS CONSTRUCTION CO.. INC. has correlated the information
known to WILSON BROTHERS CONSTRUCTION CO., INC., 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.
WILSON BROTHERS CONSTRUCTION CO., INC. has given BLACK &
VEATCH CORPORATION written notice of all conflicts, errors, ambiguities, or
discrepancies that WILSON BROTHERS CONSTRUCTION CO., INC. has
discovered in the Contract Documents and the written resolution thereof by BLACK
& VEATCH CORPORATION is acceptable to WILSON BROTHERS
CONSTRUCTION CO., INC.
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 WILSON BROTHERS' CONSTRUCTION CO., INC.
concerning the Work consist of the following and may only be amended, modified, or
supplemented as provided in the GENERAL CONDITIONS:
This Agreement.
Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
00500 - Agreement.doc 00500-7 Project No. 135045
DOCUMENT 00500 - AGREEMENT (continued)
b. WILSON BROTHERS CONSTRUCTION CO., INC.'s Bid.
c. Documentation submitted by WILSON BROTHERS CONSTRUCTION
CO., INC. prior to Notice of Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Labor -Related Regulations.
7. Specifications consisting of divisions and sections as listed in table of
contents of Project Manual.
8. Drawings consisting of a cover sheet and
sheets as listed in the
table of
contents thereof, with each
sheet bearing
the following general
title:
Noland Wastewater Treatment Plant Wet Weather Improvements EP -1
9. Addenda number 1, inclusive
10. 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.
00500 - Agreement.doc
00500-8
Project No. 135045
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 WILSON BROTHERS CONSTRUCTION
CO., INC. 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
WILSON BROTHERS CONSTRUCTION CO., INC., 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 OTHER PROVISIONS: Not Applicable.
8.06 CONTROLLING LAW
A. This Agreement shall be subject to, interpreted and enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
00500 - Agreement.doc 00500-9 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
8.07 . ARKANSAS OF INFORMATION ACT
A. City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work
are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, WILSON
BROTHERS CONSTRUCTION CO., INC. 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.
00500 - Agreement.doc 00500-10 Project No. 135045
DOCUMENT 00500 — AGREEMENT (continued)
IN WITNESS WHEREOF, THE CITY OF FAYETTEVILLE and WILSON BROTHERS
CONSTRUCTION CO., INC. have signed this Agreement in quadruplicate. One counterpart
each has been delivered to THE CITY OF FAYETTEVILLE, WILSON BROTHERS
CONSTRUCTION CO., INC., and BLACK & VEATCH CORPORATION. All portions of
the Contract Documents have been signed, initialed, or identified by THE CITY OF
FAYETTEVILLE and WILSON BROTHERS CONSTRUCTION CO., INC.
This Agreement will be effective on
Date of the Agreement.
WILSON BROTHERS CONSTRUCTION CO., INC.
By:
Title:
(SEAL)
Attest
Address for giving notices
License No.
Agent for Service of process
(If WILSON BROTHERS CONSTRUCTION
CO., INC is a corporation, attach evidence
of authority to sign.)
2007, which is the Effective
City of Fayetteville
Fayetteville, Arkansas
By:
Title: Mayor
(SEAL)
Attest
Address for giving notices
(If Owneris a public body, attach
evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For: City of Fayetteville
END OF DOCUMENT 00500
00500 - Agreement.doc
00500-11
Project No. 135045
ARKANSAS
City of Fayetteville, Arkansas
Water and Wastewater Department
David Jurgens, Director
PROJECT MANUAL
FOR
PROJECT NO. EP -1
NOLAND WASTEWATER TREATMENT PLANT
WET WEATHER IMPROVEMENTS
FAYETTEVILLE WASTEWATER SYSTEM
IMPROVEMENT PROJECT
March 2007
ENGINEER
Black & Veatch Corporation
8400 Ward Parkway.
Kansas City, Missouri 64114
OWNER
City of Fayetteville
Waste and Wastewater
Department
113 West Mountain Street
Fayetteville, Arkansas 72701
DOCUMENT 00120 - INVITATION TO BID
City of Fayetteville, Arkansas
Invitation to Bid
Bid 07-33, EP -I; Noland Wastewater Treatment Plant
Wet Weather Improvements
Project Name: Wastewater System Improvement Project
Contract Name: Noland Wastewater Treatment Plant
Wet Weather Improvements
Project Nos.: EP -I
Date: Thursday, March 15, 2007
Thursday, March 22, 2007
Bid No.: 07-33
DESCRIPTION OF WORK OF THIS CONTRACT
The Contract provides for the installation of a concrete liner, geomembrane liner, a nonpotable water.high
pressure washdown system and other miscellaneous improvements at the Noland Wastewater Treatment
Plant Primary Pond, 1500 N. Foxhunter Road, Fayetteville, Arkansas 72701 in accordance with the
documents prepared by Black & Veatch Corporation.
BID INFORMATION
Sealed bids will be received by the City of Fayetteville, Arkansas (the Owner) until 1:30 p.m., local time,
Thursday, April 5, 2007. Bids received after this time will not be accepted. The City of Fayetteville will.
not be responsible for lost or misdirected bids. Bids will be opened and publicly read aloud immediately
after specified closing time in Room 326 at 113 West Mountain Street, Fayetteville, Arkansas. All
interested parties are invited to attend.
Bids must be received at the following location BY 1:30 P.M. on Thursday, April 5,2007:
Purchasing Agent's Office (Room 306) at City Hall
113 West Mountain Street
Fayetteville, Arkansas 72701
00120 Invitation to bid.doc
00120-I
Project No. 135045
DOCUMENT 00120- INVITATION TO BID (Cont.)
Sealed envelopes or packages containing bids shall be marked or endorsed "Bid 07.33, EP -1, Noland
WWTP Wet Weather Improvements" and the Contractor's Arkansas License Number shall be clearly
marked'on the outside of the envelope.
Copies of the Bid Documents may be obtained for bidding purposes from Black & Veatch Corporation at
a purchase price of One Hundred Dollars ($100.00) for each set (one (I) copy of Project Manual, one (1)
set of Contract Drawings, and one (1) bid packet) of documents. For bidders who have previously
purchased a complete set of bid documents, the Bid Packer may be obtained for Ten Dollars ($10.00).
Bid Documents may be obtained at the following Issuing Office.
Black & Veatch Corporation
8400 Ward Parkway
Kansas City, MO 64114
Phone: (913) 458-6739
Fax: (913) 458-3802
Payments must be received prior to shipment of the Bid Documents. NO REFUND of payment will be
made and no partial sets will be issued. No half size set will be sold or issued prior to the bid opening.
Questions concerning the contract documents should be directed to the following:
Ms. Katie Funderburk, P.E.
8400 Ward Parkway
Kansas City, MO 64114
Phone: (913) 458-3147
Bid documents
may be examined at the following
locations. Please
visit www.accessfavetteville.org and
click "Bids and
Mailing Lists" then "Construction
Contractors" for
further contact information on the
plan rooms:
McGraw Hill Construction Dodge/Little Rock
Kroger Center, Redding Building
1701 Centerview Drive, Suite 110
Little Rock, AR 72211-4311
(501)225-9453; Fax (501)225-9534
McGraw Hill Construction Dodge/Dallas
9155 Sterling Drive, Suite 160
Irving, TX 75063
(972)819-1400; Fax(972)819-1409
McGraw Hill Construction Dodge/Springfield
3275 E. Ridgeview, Ste. B
Springfield, MO 65804-4092
(417)883-6600; Fax (417)883-6607
McGraw Hill Construction Dodge/Tulsa
12101 E. 51�' Street, Suite 105
Tulsa, OK 74146
(918)307-1786; Fax (918)307-1788
00120 ]nvitation to bid.doc 00120-2 Project No. 135045
DOCUMENT 00120- INVITATION TO BID (Cont.)
Northwest Arkansas Planning Room
103-A Apple Blossom Road
Bethel Heights, AR 72764
(479)750-7704; Fax (479)750-7709
Reed Construction Data
30 Technology Pkwy, Ste. 100
Norcross, GA 30092
(800)424-3996, Fax (800)303-8629
www.reedconstructiondata.com
ABC Plan Room Bid News Construction Reports
c/o Southern Reprographics, Inc. 5727 S. Garnett Road, Suite H
2905 Pointe Circle Tulsa, OK 74146
Fayetteville, AR 72703 (918)877-1200; Fax (918)877-1203
(479)582-4022; Fax (479)582-4021
Bids will be received on a lump sum basis.
Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state
and local governments and local city ordinances where the Project is located. The City of Fayetteville will
evaluate Bidders in accordance with the Instruction to Bidders.
Prequalification of Bidders will not be required. Owner will evaluate Bidders in accordance with the
instructions to Bidders.
Bid security in the form of a certified or bank cashier's check or a Bid Bond in the amount of 5%•of Bid
Amount of contract shall accompany each Bid in accordance with the Instructions to Bidders.
Bids shall be in accordance with the Bid Documents.
COMPLETION
Completion time shall be as follows
The Work shall be Substantially Completed within 180 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 210 calendar days after the date when
the Contract Times commence to run.
El
00120 Invitation to bid.doc 00120-3 Project No. 135045
DOCUMENT 00120 —INVITATION TO BID (Cont.)
ADDITIONAL PROVISIONS
The Bid shall be conditioned upon compliance with all applicable labor related requirements including the
regulations and stipulations concerning equal employment opportunity, minority manpower utilization,
affirmative action requirements, and minimum wage rates. The greater of the Arkansas Department of
Labor Prevailing Wage Rate or the U. S. Department of Labor Prevailing Wage Rate shall establish the
minimum wages to be paid to workers under this Contract.
OWNER'S RIGHT TO REJECT
The City of Fayetteville (Owner) reserves the right to reject any or all Bids and to waive irregularities
therein, and all Bidders shall agree that such rejection shall be without liability on the part of the City of
Fayetteville for any damage or claim brought by any Bidder because of such rejections, nor shall the
Bidders seek any recourse of any kind against the City of Fayetteville because of such rejections. The
filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these
conditions.
OWNER
CITY OF FAYETTEVILLE
By Peggy Vice
Title: Purchasing Manager
00120 Imitation to bid.doc 00120-4 Project No. 135045
DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT
Project Name: Wastewater System Improvement Project
Contract Name: Noland Wastewater Treatment Plant
Wet Weather Improvements
Contract No.: EP -1
Date: f 1:Qf 1 5, )LX?
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company W i kon &tt IC.1 Ls l nnsiYUc hn ( y jix_
Name f1)ranren kuirriS //��
Address PD. a ¶JW Alrn, (ii-, -7Dq
Principal Office LR0! rAllum (GnP_.Ts•1 Mat ) l
orporation partnership, individual, joint
venture, other
Arkansas State General Contractor's License Number
EXPERIENCE STATEMENT
Bidder has been engaged as a General Contractor in construction for 35 years and
has performed work of the nature and magnitude of this Contract for 35 years.
Bidder has been in business under its present name for •?5 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
T0000M2JY.doc 00140— I Project No. 135045
DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT (CONTINUED)
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:
t'(JC��nc rn iPn�iGrUt,rPi'1
Cnnrrc4c (I �D 1 + y I h fl
6. Construction experience of key individuals in the organization is as follows
(continued on attached sheets if needed):
9
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:
ias 1Jr4- IL1fh1 Str d+
(1- Sm i Thy Tm . 'O I
8. Bidder's Workmen's Compensation Experience Modifier Factor is: o C1 1
T0000M2JY.doc 00140-2 Project No. 135045
?L•
DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT (CONTINUED)
FINANCIAL STATEMENT
Bidder possesses adequate financial resources as indicated by the following:
I. 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 judgments are outstanding against Bidder:
Judgment Creditors
a. tU one
b.
Where Docketed and Date Amount
$
T0000M2JY.doc - 00140-3 Project No. 135045
DOCUMENT 00140- BIDDER'S QUALIFICATION STATEMENT (CONTINUED)
Bidder hereby represents.and warrants that all slatements set forth herein are true and correct.
Date: c' , 2007
(OFFICIAL SEAL)
Name of Organization:
W*in &14) rs (nsfrucHon). Tic
By &Ufl C t
Title
(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
T0000M2JY.doc '00140-4 Project No. 135045
DOCUMENT 00400 - BID FORM
Project Name: Wastewater System Improvements Project
Contract Name: Noland WWTP Improvements — Wet Weather Treatment Improvements
Contract No.: EP -1
Bid No.: 07-33
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM
Bidder: kJIISon brullrr.s ('nnsb-uchon (h.,Icc.
IQGI Cet)um ([Arm. & sf
Piz er,Y .SRD
A hma , (tr `13°Ial
ARTICLE I- INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
agreement with Owner in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid price and
within the Bid time indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
ARTICLE 2- TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security. This
Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will
sign and deliver the required number of counterparts of the Agreement with the Bonds and
other documents required by the Bidding Requirements within 15 days after the date of
Owner's Notice of Award.
00400 -Bid Form.doc 00400 - 1 Project Not 35045
DOCUMENT 00400 - BID FORM (continued)
ARTICLE 3- BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following
Addenda, receipt of all which is hereby acknowledged:
Number
Date
Piprd 1 poO1
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: (I) 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 or otherwise which may affect cost, progress,
00400 -Bid Form.doc 00400-2 Project No. 135045
DOCUMENT 00400 - BID FORM (continued)
performance, or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
Bidder and safety precautions and programs incident thereto.
F. Bidder does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of this Bid for
performing and furnishing of the Work in accordance with the times, price, and other
terms and conditions of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others
at the Site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
H. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports, and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Bidder.
The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work for
which this Bid is submitted.
K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization, or corporation; Bidder has not directly
or indirectly induced or solicited any 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.
00400 -Bid Form.doc 00400 3 Project No. 135045
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
4.01 Bidder will complete the Work in accordance with the Contract Documents for the following
price:
A. Lump Sum Price:
a— Ira �'�- u 1
$ xn h.uxtdrah Dollars ($ I , rJt l 14�: (ate ).
ILiu4-q-4hrce cA_nd toalioo�
ARTICLE 5- CONTRACT TIMES
5.01 Bidder agrees that the Work will be substantially completed and ready for final payment
within the number of calendar days indicated in the Agreement.
5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement.
ARTICLE 6- BID CONTENT
6.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of a certified or bank cashier's check or a Bid
Bond and in the amount of .45 'I. of
Dollars ($ 1.
B. Required Bidder's Qualification Statement with supporting data
(DOCUMENT 00140 - Bidder's Qualification Statement).
C. Manufacturer's data where called for in Specifications (DOCUMENT 00450 -
Equipment Questionnaire).
D. DOCUMENT 00430 - List of Subcontractors.
00400 -Bid Form.doc 00400-4 Project No. 135045
DOCUMENT 00400 - BID FORM (continued)
ARTICLE 7- COMMUNICATIONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
brn1'i n hkrnS tjitk$Gn f thers CConsiruchGr
PDLO
Aln Or
Phone No. �i 1r1> &D3 a - 2-3 38
FAX No. LA-ei) Lc -D- ?33 1
ARTICLE 8- TERMINOLOGY
8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or
Instructions to Bidders will have the meanings assigned to them.
SUBMITTED on H0'ft 1 5 ,20V1.
Arkansas State Contractor License No. C1 n-lL1 acDx
If Bidder is:
An Individual
Name (type or printed):
By:
(Individual's Signature)
Doing business as:
Business address:
Phone No.:
FAX No.:
00400 -Bid Form.doc 00400 - 5 Project No. 135045
DOCUMENT 00400 - BID FORM (continued)
A Partnership
Partnership Name:
By:
(Signature of general partner — attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.: FAX No.:
A Corporation
Corporation Name: LUiknn 8foihe S 0&1i" h'00 &-Q-dSEAL)
State of Incorporation: f4 k6O,,(As
Type (General Business, Professional, Service, Limited Liability):
— attach evidence of authority to sign)
Name (type or printed): BrAYl5f l k1 YY1 S
Title: P(�,S clPtli
Attest:
(CORPORATE SEAL)
1p r lUi
(Signature of Corporate Secretary)
Business address: 401 ('ninon (uiy. F(14i- Pf)EDL `51SQ
Phone No.: h0k) lr,3a' x.338 FAX No. ____________
END OF DOCUMENT 00400
00400 -Bid Form.doc 00400-6 Project No. 135045
DOCUMENT 00410 - BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we .
as Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the State of
hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Surety,
as Obligee, hereinafter called Owner, in the sum of Dollars
($ ), for the payment of which sum, well and truly to be made, Principal and
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has submitted a Bid for the construction of Noland Wastewater Treatment
Plant Wet Weather Improvements, Project No. EP -1, Fayetteville Wastewater System
Improvement Project.
NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter
into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or
Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of Principal to enter such
Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not
to exceed the penalty hereof between the amount specified in said Bid and such larger amount for
T0000M2Kl.doc 00410- I Project No. 135045
DOCUMENT 00410- BID BOND (continued)
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.
Signed and sealed this
M
PRINCIPAL.
SURETY
ATTORNEY -IN -FACT
(This Bond shall be accompanied with
Attorney -in -Fact's authority from Surety)
END OF DOCUMENT 00410
day of
2007.
(CORPORATE SEAL)
(CORPORATE SEAL)•
T0000M2K 1.doc
00410-2
Project No. 135045
A. I. A. Document No. A-310 (2-70 Ed.)
KNOWN ALL MEN BY THESE PRESENTS, that we, Wilson Brothers
Construction Company, Inc., as Principal, hereinafter called the
Principal, and Mid -Continent Casualty Company, a Corporation duly
organized under the laws of the State of Oklahoma as Surety,
hereinafter called the Surety, are held and firmly bound unto City
of Fayetteville, 113 West Mountain, Fayetteville, AR as Obligee,
hereinafter called the Obligee, in the sum of Five Per Cent of
Amount of Bid (5%) for the payment of which ourselves, our heirs,
executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the. Principal has submitted a bid for Wet Weather
Improvements Noland Wastewater Treatment Plant.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal
and the Principal shall enter into a contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds
as may be specified in the bidding or contract documents with good
and sufficient surety for the faithful performance of such contract
and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal
to enter such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger
amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then the obligation
shall be null and void, otherwise to remain in full force and
effect.
Signed and sealed this 5 day of April, 2007.
(,Witness
Wilson Brothers Construction Co., Inc.
Principah (Seal)
(Title)
Mid -Continent Casualty Company
Surety (Seal)
James C. Russell - Attorney -In -Fact
+. • MID-CONTINENT CASUALTY COMPANY
Tulsa, Oklahoma
Know all Men by these presents That the MID-CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its
principal office in the city of Tulsa, Oklahoma, pursdabt to the following By -Law, which was adopted by the Stockholders of the said Company
on March 13th, 1947, to -wit:
"Article IV, Section 7. - The Executive Officers of the Company shall have power and authority to appoint, for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident Assistant
Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney -in -Fact
and revoke the power and authority given him. None of such appointees need be' Directors of the Company"
The Company does hereby constitute and appoint Ken Adney, John Baxter, Tom Foltz, Carolyn
Greene, Gayle Hatwig, Kim Marvel, Walter Moorman, Sandy Roe, Jim Russell, Steve
Standridge and Tara Zipp, individually of FT. SMITH, AR
'..its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed,
Any and all bonds and undertakings of Suretyship
And the execution of such:instrument(s) in pursuance of these presents, shall be as binding upon the said MID-CONTINENT CASUALTY
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged'by its regularly elected
officers at its principal office in Tulsa, Oklahoma.
IN WITNESS WHEREOF, MID-CONTINENT CASUALTY COMPANY has executed and attested these
presents. this '.::26 day of May 2006.
ATTEST:
SARA ANDERSON ASSISTANT SECRETARY TODD BAZATA VICE PRESIDENT "
On this '26 day of ` May 2006before me, a NotaryPublic of the State of Oklahoma in and
for the County of Tulsa, came the individual to me personally known to be the officer described in, and who executed the preceding instrument,.
and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and authorized officer of the
MID-CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company,
and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said
Company, and that Article IV, Section 7, of the By -Laws of saidCompany, referred to in the preceding instrument, is now in force.:
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Tulsa, the day and year first above written.
:'`c �'A� L y,�• f Commission # 99009381
1�pg�<..--.-:. ..: .::: ••i :--
�Q" U A AN Notary Public "
y� yy,�,•,•o'kLA,,�
SARA ANDERSO#i%,`.{/j .SsSnt Secretary of Mm -CONTINENT. CASUALTY COMPANY do hereby certify that the foregoing
extracts of the By -Laws and dt'a'ResdMUon of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are
true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. - -
This certifies that any facsimile or mechanically -produced. signature of any officer of the Company and Company seal, .wherever appearing upon a power of attorney issued
by the Company, shall be valid and binding upon the. Company with the same force and effect as though manually affixed. - -
IN WITNESS WFIEREOF, Ihavc hereunto set my hand and affixed the facsimile seal of said. corporation
•Io%PIn uliii), - - - .. . _'
a `��•�•ASG' Ira, this N day of �PR►c 300.
x f yya�t4t �+FtE rGy O -0..-4 c1 , t-'-'—
••. Aim ..•t. ...y•
s p? 1 f f �• SARA ANDERSON Assistant Secretary } .,,
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 Project
No. EP -1, Noland Wastewater Treatment Plant Wet Weather Improvements.
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's
Work
Subcontractor's Name
License No.
Work.
Comp.
EMR
% of
Contract
Value
Pipelaying
Excavation/Grading
Concrete
Geomembrane
Lining System
C(YIU1leD r i
f '0 Dl
0.11
I 'I
Mechanical
Fencing
I(sD o
O.'1.
ecf rig
L eetri
tc7°141D
LW
1 '1
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
Bi Signature
Qr&n n t-kOyri5T P"eSidt'TF
END OF DOCUMENT 00430
00430 -List of Subcontractors 00430- 1 Project No. 135045
DOCUMENT 00450 - EQUIPMENT QUESTIONNAIRE
• The Bidder shall enter in the spaces provided the names of the manufacturers of equipment which Bidder
• proposes to furnish, and shall submit this Questionnaire with its Bid. Owner will review and evaluate the
• information before award of the Contract.
Only one manufacturer's name shall be listed for each item. Upon award of a contract, the named
equipment shall be furnished. Substitutions will be permitted only if named equipment does not meet the
requirements of the Contract. Documents, the manufacturer is unable to meet the delivery requirements of
the construction schedule, or the manufacturer is dilatory in complying with the requirements of the
Contract Documents. Substitutions shall be subject to concurrence of Owner and shall be confirmed by
Change Order.
Preliminary acceptance of equipment listed by manufacturer's name shall not in any way constitute a
waiver of the specifications covering such equipment; final acceptance will be based on full conformity
with the Contract Documents.
Failure to furnish all information requested or entering more than one manufacturer's name for any item
in -this Equipment Questionnaire may be cause for rejection of the Bid.
Equipment • Manufacturer
1. Geomembrane Liner £ S F
2. Electric Actuators
2. Gate Valves
END OF DOCUMENT 00450
fthIIIt r
00450 -Equipment Questionnaire.doc
00450-1
Project No. 135045
-
1
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Marley T. Phillips
Work Experience:
Wilson Brothers Construction. Inc./ Alpha Utilities Inc November 2006 - Present
Project Manager
Responsibilities include:
• Client contact
• Tracking project budget and schedule
• Daily operations of various construction projects including earthwork and utility construction
• Preparing material lists and ordering of material ensuring compliance with plans, specifications, and local codes
• Recent Projects
36" & 42" Water transmission mains modifications — Fayetteville, AR
U of A — Utility tunnel, water, sewer, and drainage construction Fayetteville, AR
25 ac. condominium subdivision including earthwork and utilities — Fayetteville, AR
Rogers High School campus addition —Rogers, AR
CEI Engineering Associates. Inc.; October 1994 — November 2006
CAD Tech
• Responsible for plan revisions and corrections as directed by project manager/engineer.
CAD Designer
• Responsible for the design and production of commercial site development plans with input from Project
Manager and Project Engineer.
Program Manager
• Managing the design and production team including quality control of commercial site development plans
• Represent multiple clients in all permitting activities at local, county, and state levels nationwide.
• Manage project schedule and budget, client maintenance and coordination, address contractor requests for
• information, change orders and field changes.
Department Manager
• Develop, implement, and monitor departmental annual budget to ensure business goals and objectives are
• accomplished
• Oversee program/project management and design activities, including scheduling, technical expertise, design
review and approval, permitting, construction monitoring, site investigations and feasibility studies
• Write and negotiate client and sub -consultant contracts in reference to scope of work, professional fees,
insurance requirements, and ensure liability to company and client is limited.
• Personnel responsibilities including: recruiting, interviewing, hiring and training new employees, assigning and
directing work, appraising performance, rewarding and disciplinary actions, addressing complaints and
resolving employee issues. Conducting regular departmental meetings to discuss workload, work assignments,
and client coordination.
• Marketing potential clients and business development.
Cliff Ellis, Project Superintendent
To Whom It May Concern:
I began working for the Arkansas Highway and Transportation Department in the
construction department in 1946. In 19521 entered the military and upon leaving the
military in 1954, 1 returned to the highway department.
My experience is in all phases.of construction, including surveying, drafting, dirt,
concrete, asphalt and bridges. I have constructed fire pits for training, detention ponds,
private ponds, highways, bridges over streets and waterways. My latest detention pond
work was at Kensington Hills and Stone Meadow Subdivisions in Benton County.. .
My work has involved working on lakes and dams for the Corps of Engineers in
Arkansas and Oklahoma. Also, I was in charge of building a 50' high dam while in
Germany.
25 years with the AHTD
8 years street superintendent with the City of Fort Smith
25 plus years for various Contractors
WILSON BROTHERS CONSTRUCTION CO.. INC.
AND AFFILIATE
FINANCIAL STATEMENTS
OCTOBER 31. 2006
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
OCTOBER 31, 2006
CONTENTS
PAGE
INDEPENDENT AUDITOR'S REPORT ................................ I ...... 1
FINANCIAL STATEMENTS
Balance Sheet ...................................................:.... 2
Statement of Income ................................................... 3
Statement of Changes in Stockholders' Equity ............................... 4
Statement of Cash Flows ............................................... 5
Notes to the Combined Financial Statements ............................. 6-11
SUPPLEMENTARY INFORMATION
Schedule of Earnings from Contracts ..................................... 12
Schedule of Contracts Completed ............................. ......,y...
. . . . . . . . . 13
Schedule of Contracts in Progress ....................................... 14
JOHN LANGHAM & CO.
CERTIFIED PUBLIC ACCOUNTANTS
TO THE BOARD OF DIRECTORS AND STOCKHOLDERS
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
ALMA, ARKANSAS
INDEPENDENT AUDITOR'S REPORT
We have audited the accompanying combined balance sheet of Wilson. Brothers
Construction Co., Inc. and Affiliate (corporations) as of October 31, 2006, and the related
combined statements of income, changes in stockholders' equity and cash flows for the
year then ended. These financial statements are the responsibility of the company's
management. Our responsibility is to express an opinion on these financial statements
based on our audit.
We conducted our audit in accordance with U.S. generally accepted auditing standards.
Those standards require that we plan and perform the audit to obtain reasonable assurance
about whether the combined financial statements are free of material misstatement. An
audit includes examining, on a test basis, evidence supporting the amounts and disclosures
in the financial statements. An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable basis for our
opinion.
In our opinion, the combined financial statements referred to above present fairly, in all
material respects, the financial position of Wilson Brothers Construction Co., Inc. and
Affiliate as of October 31, 2006, and the results of their operations and their cash flows for
the year then ended in conformity with U.S. generally accepted accounting principles.
Our audit was made for the purpose of forming an opinion on the basic combined financial
statements taken as a whole. The accompanying supplementary information is presented
for the purpose of additional analysis and is not a required part of the basic combined
financial statements. Such information has been subjected to the auditing procedures
applied in the audit of the basic combined financial statements and, in our opinion, is fairly
stated in all material respects in relation to the basic combined financial statements taken
as a whole.
doAJn4 Co.
CERTIFIED PUBLIC ACCOUNTANTS
FORT SMITH, ARKANSAS
JANUARY 7, 2007
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
BALANCE SHEET
OCTOBER 31, 2006
ASSETS
CURRENT ASSETS
Cash and cash equivalents $ 955,452
Certificates of deposit 724,784
Contract receivables (Note 4)
Completed contracts 500,923
.Contracts in progress. 2,964,740
.Retainage 2,016,401
Related party (Note 2) 68,562
Costs and estimated earnings in excess of billings
on uncompleted contracts (Note 3) 284,700
Accounts receivable
• Employee 2,004
Related party (Note 2) 139,542
Prepaid expenses 40.462
TOTAL CURRENT ASSETS 7,697,570
PROPERTY AND EQUIPMENT, at cost (Notes I and 5)
Buildings and improvements 86,918
Machinery and equipment 3,434,640
Vehicles 1,293,675
Furniture and fixtures 61,709
4,876,942
Less: Accumulated depreciation 1,598,302
NET PROPERTY AND EQUIPMENT 3,278,640
OTHER ASSETS
Deferred tax asset (Note 8) •28,968
TOTAL OTHER ASSETS 28,968
TOTAL ASSETS • $11,005,178
The accompanying notes to the financial statements are an integral part of this report.
-2-
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Accounts payable
Trade
Related party (Note 2)
Subcontractors
Retainage
Billings in excess of costs and estimated earnings
on uncompleted contracts (Note 3)
Accrued expenses
Current portion of long-term debt (Note 5)
Income taxes payable
Note payable - Line of credit (Note 4)
TOTAL CURRENT LIABILITIES
LONG-TERM LIABILITIES
Deferred tax liability (Note 8)
Notes payable - Related parties (Note 6)
Long-term debt (Note 5)
TOTAL LONG-TERM LIABILITIES
STOCKHOLDERS' EQUITY
Common stock; No par value;
$175 stated value; 2,000 shares authorized,
200 shares issued and outstanding
Additional paid -in capital
Retained earnings
TOTAL STOCKHOLDERS' EQUITY
TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY
$ 2,782,465
8,519
99,447
84,574
1,419,416
240,250
927,178
180,954
5,742,803
• 247,566
750,000
1,422,147
2,419,713
35,000
56,000
2,751,662
2,842,662
$11,005,178
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
STATEMENT OF INCOME
FOR THE YEAR ENDED OCTOBER 31, 2006
CONTRACT REVENUES EARNED
$28,645,301
COST OF REVENUES EARNED
25,466,423
GROSS PROFIT
3,178,878
GENERAL AND ADMINISTRATIVE EXPENSES
Officers' salaries
179,803
Office and clerical salaries
216,884
Office burden
26,883
Employee benefits (Note 9)
55,569
Advertising
6,038
Bank and late fees
1,658
Contributions
229,259
Officers' life insurance
2,589
Miscellaneous
12,732
Legal and accounting
36,044'
Meals and entertainment
3,632
Travel
17,621
Computer support
10,359
Dues and subscriptions
1,964
Postage
6,859
Office rent (Note 2)
42,000
Office expense
42,838
Taxes and licenses
18,932
Telephone and utilities
17,276
Depreciation expense
11,737
Bad.debt
618,340
TOTAL GENERAL AND ADMINISTRATIVE EXPENSES
1,559,017
INCOME FROM OPERATIONS.
1,619,861
OTHER INCOME (EXPENSE)
Interest income
17,228
Gain/(Loss) on disposal of fixed assets
19,387
Miscellaneous income
49,672
TOTAL OTHER INCOME (EXPENSE)
86,287
NET INCOME BEFORE INCOME TAXES
1,706,148
PROVISION FOR INCOME TAXES (Note 8)
393,978
NET INCOME
$ 1,312,170
The accompanying notes to the financial statements are an integral part of this report.
-3-
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
STATEMENT OF CHANGES IN STOCKHOLDERS' EQUITY
FOR THE YEAR ENDED OCTOBER 31, 2006
COMMON STOCK
Beginning balance - October 31, 2005 $ 35,000
No activity 0
Ending balance - October 31, 2006 35,000
ADDITIONAL PAID -IN CAPITAL
Beginning balance - October 31, 2005 56,000
No activity 0
Ending balance - October 31, 2006 56,000
RETAINED EARNINGS
Beginning balance - October 31, 2005 1,439,492
Net income 1,312,170
Ending balance - October 31, 2006 2,751,662
TOTAL STOCKHOLDERS' EQUITY $2,842,662
The accompanying notes to the financial statements are an integral part of this report.
-4-
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED OCTOBER 31, 2006
CASH FLOWS FROM OPERATING ACTIVITIES
Net income
Adjustments to reconcile net income to net
cash provided by operating activities:
Depreciation expense.
(Gain)/Loss on sale of equipment
(Increase) decrease in assets
Certificates of deposit
Contract receivables
Costs and estimated earnings in excess of
billings on uncompleted contracts
Accounts receivable - Other
Prepaid expenses
Deferred tax asset
Increase (decrease) in liabilities
Accounts payable
Income tax payable
Billings in excess of costs and estimated
earnings on uncompleted contracts
Deferred tax liability
Accrued expenses
NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES
CASH FLOWS FROM INVESTING ACTIVITIES
Purchase of equipment
Purchase of certificate of deposit
NET CASH PROVIDED(USED) BY INVESTING ACTIVITIES
CASH FLOWS FROM FINANCING ACTIVITIES
New borrowings - short term
New borrowings - long term
New borrowings - related party
Debt reduction - short term
Debt reduction - long term
NET CASH PROVIDED(USED) BY FINANCING ACTIVITIES
NET INCREASE(DECREASE) IN CASH AND CASH EQUIVALENTS
CASH AND CASH EQUIVALENTS, BEGINNING OF. PERIOD
CASH AND CASH EQUIVALENTS, END OF PERIOD
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION
Interest paid
Income taxes paid
$1,312,170
589,274
(19,387)
(7,859)
1,569,932
(168,403)
10,216
1,621
(17,021)
(1,095,750)
143,115
350,792
66,401
77.949
2.813.050
(1,556,571)
(500.000)_
(2,056.571)
2,250,486
1,184,730
500,000
(3,250,000)
(721.572)_
(36.356)
720,123
235.329
$ 955,452
$ 188.004
$ 138.500
The accompanying notes to the financial statements are an integral part of this report.
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
NOTES TO THE FINANCIAL STATEMENTS
OCTOBER 31, 2006
NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
NATURE OF BUSINESS
Wilson Brothers Construction Co., Inc. is a corporation engaged primarily as a
general contractor specializing in highway, road and utility construction. The
company generally operates in western and northwestern Arkansas and eastern
Oklahoma.
Management uses estimates and assumptions in preparing these financial
statements in accordance with accounting principles generally accepted in the
United States of America. Those estimates and assumptions affect the reported
amounts of assets and liabilities, the disclosure of contingent assets and
liabilities, and the reported revenues and expenses. Actual results could vary
from the estimates that were used.
The following is a summary of significant accounting policies used in the
preparation of the accompanying financial statements. Such policies are in
accordance with accounting principles generally accepted in the United States of
America and have been consistently applied.
BASIS OF PRESENTATION
The combined financial statements consist of two affiliated corporations that
operate under shared management and common ownership, collectively referred
to in these combined financial statements as Wilson Brothers Construction Co.,
Inc. and Affiliate. The corporations included are Wilson Brothers Construction
Co., Inc. and Titan Construction, Inc. All material intercompany transactions and
balances are eliminated in the combination.
Profit on construction contracts is recorded on the basis of the company's
estimates of the percentage -of -completion of individual contracts, commencing
when progress reaches a point where experience is sufficient to estimate final
results with reasonable accuracy. A portion of the total estimated profit is
recognized in the ratio that contract expenditures incurred and work performed to
date bear to total estimated contract costs.
Contract costs include all direct material and labor costs, and subcontract costs,
and those indirect costs related to contract performance, such as indirect labor,
supplies, tools and repair costs. General operating costs are charged to expense
as incurred. Provisions for estimated losses on uncompleted contracts are made
in the period in which such losses are determined. Changes in job performance,
job conditions, and estimated profitability may result in revisions to costs and
income and are recognized in the period in which the revisions are determined.
-6-
•
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE"
NOTES TO THE FINANCIAL STATEMENTS
OCTOBER 31, 2006
NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued')
The asset, "Costs and estimated earnings in excess of billings on uncompleted
contracts", represents revenues recognized in excess of amounts billed. The
liability, "Billings in excess of costs and estimated earnings on uncompleted
contracts" represents billings in excess of revenues recognized.
PROPERTY AND EQUIPMENT
Property and equipment are stated at cost. Depreciation is computed using the
straight-line method over the following estimated useful lives:
Buildings and improvements
20 -
39
years
Machinery and equipment
5-.
10
years
Vehicles
5 -
10
years
Furniture and fixtures
3 -
7
years
Expenditures for maintenance and repairs are charged against operations.
Renewals and bettermentsthat materially extend the life of the assets are
capitalized. Depreciation expense for the year ended October 31, 2006, was
$589,274.
CASH EQUIVALENTS
For purposes of the statement of cash flows, the company considers all highly
liquid debt instruments purchased with an original maturity of three months or less
to be cash equivalents. At October 31, 2006, the company had no cash
equivalents. ,
CONCENTRATION OF CREDIT RISK AND CONTRACT RECEIVABLES
The company maintains its cash balances at two financial institutions located in
Fort Smith, Arkansas and Alma, Arkansas. Accounts at the institutions are
insured by the Federal Deposit Insurance Corporation. up to $100,000. Amounts
per the banks' records at October 31, 2006, before deducting outstanding items;
exceed the FDIC insurance coverage by $1,835,095.
The company earned 5% of its contract revenue from related party projects. At
October 31, 2006, contract receivables were 1% related party. Uncollectible
contracts receivable are charged directly against income in the year they are
determined to be uncollectible. Therefore, no allowance for doubtful accounts is
maintained by the company. Use of this method does not result in a material
difference from the valuation method required by accounting principles generally
accepted in the United States of America.
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
• NOTES TO THE FINANCIAL STATEMENTS
• OCTOBER 31, 2006
NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The amount of bad debt charge -off for the year ended October 31, 2006 is
$618,340.
NOTE 2: RELATED PARTY TRANSACTIONS
The company rents an office building, workshop and warehouse from a related
party, Wilson Brothers Rentals, which is owned by minority stockholders of the
company. $42,000 in rent was paid by the company to Wilson Brothers Rentals
for the year ended October 31, 2006. Additionally, the company contracts with
another company owned by the majority stockholder for staking services.
For the year ended October 31, 2006, the company's contract revenues earned
included $1,564,081 with related costs of $1,640,454 from construction projects
for companies in which the majority stockholder has an interest.
Receivables from related parties consist of the following at October 31, 2006:
Contract receivables from majority stockholder
and related companies
Completed contracts $ 0
Contracts in progress 0
Retainage 68.562
$ 68,562
Accounts payable arising from construction activities, due to related parties, at
October 31, 2006 was $8,519.
NOTE 3: COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS
Costs and estimated earnings on uncompleted contracts for the year ended
October 31, 2006 is as follows:
Costs incurred on uncompleted contracts $14,030,332
Estimated earnings 1.946,427
15,976,759
Less billings to date 17.111,475
$ (1,134,716)
Included in the accompanying balance sheet under the following captions:
Costs and estimated earnings in excess of
billings on uncompleted contracts $ 284,700
Billings in excess of costs and estimated
earnings on uncompleted contracts (1,419,416)
$ (1 1
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
NOTES TO THE FINANCIAL STATEMENTS
OCTOBER 31, 2006
NOTE 4: NOTE PAYABLE - LINE OF CREDIT
The company maintains a $1,000,000 line of credit at First National Bank with a
balance of $0 at October 31, 2006. The current interest rate on this line of credit
is 8.25% and the line renews in February 2007. The debt is collateralized by the
company's receivables and by the personal guarantees of the stockholders.
Interest expense for the year ended October 31, 2006 amounted to $47,607.
NOTE 5: LONG-TERM DEBT
Long-term debt at October 31, 2006 consists of the following:
Various vehicle notes payable with First National Bank in
monthly installments totaling $2,985, including interest
ranging from 5.47% to 8.00%, and collateralized by vehicles
with a book value of $28,247 at October 31, 2006.
$ 32,186
Various vehicle notes payable with GE Commercial Finance
in monthly installments totaling $14,424, including interest
ranging from 0.00% to 8.99%, and collateralized by vehicles
with a book value of $435,065 at October 31, 2006.
436,338
Various equipment notes payable with John Deere Credit
in monthly installments totaling $4,313, including interest
of 5.08%, and collateralized by equipment with a book
book value of $125,920 at October 31, 2006.
102,103
Various equipment notes payable with CNH Capital in
monthly installments totaling $14,257, including interest ranging
from 0.0% to 6.25% and collateralized by equipment with
a book value of $535,297 at October 31, 2006.
509,603
Various equipment notes payable with Financial Federal Credit,
Inc. in monthly installments totaling $44,310, including interest
ranging from 6.08% to 7.96%, and collateralized by equipment
with a book value of $902,556 at October 31, 2006.
996,376
The company has two notes payable with CIT Group
requiring monthly payments of $1,988 with interest of 6.85%
and 7.50%, and collateralized by a vehicle and a backhoe
with a book value totaling $65,982 at October 31, 2006. 54,332
The company has a note payable with Caterpillar Financial
requiring monthly payments of $4,947 with interest at 0.00%, and
collateralized by a skid steer with a book value of $107,255 at
October 31, 2006. 89,212
The company has a note payable with Komatsu Financial
requiring monthly payments of $3,048 with interest at 0.00%,
collateralized by equipment with a book value of $104,267
at October 31, 2006. 103,658
WILSON BROTHERS CONSTRUCTION CO., INC. AND AFFILIATE
NOTES TO THE FINANCIAL STATEMENTS
OCTOBER 31, 2006
NOTE 5 LONG TERM DEBT (continued)
The company has a note payable with FCC Equipment
Finance, Inc. requiring monthly payments of $1,249 with
interest at 7.85%, and collateralized by an excavator with
a book value of $32,816 at October 31, 2006.
Less current maturities
Maturities of long-term debt for each of the next five years
and in the aggregate are as follows:
PERIOD ENDED
October 31, 2007
October 31, 2008
October 31, 2009
October 31, 2010
October 31, 2011
25,517
2,349,325
927,178
$ 1.422.147
AMOUNT
$ 927,178
859,461
436,962
92,993
32.731
$ 2,349,325
Interest expense for the year ended October 31, 2006 amounted to $109,811.
NOTE 6: NOTES PAYABLE - RELATED PARTIES
The company has a $250,000 note with the majority
stockholder's grandmother which matures November 1, 2007.
The company makes monthly interest only payments.
Interest rate at October 31, 2006 was 7.5%. $• 250,000
The company has a $500,000 note with the majority
stockholder which matures November 1, 2007.
The company makes monthly interest only payments.
Interest rate at October 31, 2006 was 7.5%. 500,000
$ 750,000
Interest expense for the year ended October 31, 2006 amounted to $30,586.
NOTE 7: OPERATING LEASES
The company leases various pieces of machinery and equipment under non -
cancellable operating leases. Lease expense on these leases for the year ending
October 31, 2006 was $1,834,761.
WILSON BROTHERS CONSTRUCTION CO., INC. AND•AFFILIATE
• NOTES TO THE FINANCIAL STATEMENTS
• OCTOBER 31, 2006
NOTE 7: OPERATING LEASES (continued)
The minimum monthly lease payments for these leases for the years ending
October 31 for the next five years are as follows:
PERIOD
ENDED
AMOUNT
October
31,
2007
$1,442,882
October
31,
2008
935,524
October
31,
2009.
386,024
October
31,
2010
183,053
October
31,
2011
7,266
$ 2,954,749
NOTE 8: PROVISION FOR INCOME TAXES
Income tax expense for the year ended October 31, 2006 consists of the
following:
AMOUNT
Current expense (benefit)
Federal $ 282,552
State 54,712
Deferred expense 56.714
$ 393,978
Deferred income taxes (benefits) reflect the impact of "temporary differences"
between amounts of assets and liabilities for financial reporting purposes and
such amounts are measured by tax laws. These temporary differences are
determined in accordance with SFAS No. 109. .
NOTE 9: PENSION PLAN
The company sponsors a 401(k) profit sharing plan where employees can
contribute to their own account on a pretax basis. Matching contributions and
employer contributions are discretionary on the part of management.
Contributions to the plan for plan costs committed to by management for the year
ended October 31, 2006 was $44,151.
WILSON BROTHERS CONSTRUCTION CO:, INC. AND AFFILIATE
SCHEDULE OF EARNINGS FROM CONTRACTS
FOR THE YEAR ENDED OCTOBER 31, 2006
If
If
Contracts completed during the period
Contracts in progress at end of period
REVENUE
EARNED
$14,366,303
14,278,998
$28,645,301
COST OF GROSS
REVENUES PROFIT
$12,768,319 $ 1,597,984
12,698,104 1,580,894
$25,466,423 $ 3,178,878
See accountants' report on supplementary information.
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(5.16.07) Clarice Pearman -Wilson Bros. Page 1
From:
Clarice Pearman
To:
Jurgens, David
Date:
5.16.07 12:12 PM
Subject:
Wilson Bros.
David,
The City Council passed your agenda item for 5.15.07. I don't have signed original agreements for this item. Please let me know
the status of the signed original agreements to finish processing this resolution.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coea rm a n(a?ci.fayettevil le.a r. us
(5.16.07) Clarice Pearman - Re: Wilson Bros. _ Page 1
From: David Jurgens
To: Pearman, Clarice
Date: 5.16.07 12:31 PM
Subject: Re: Wilson Bros.
They should arrive today.
-----Original Message -----
From: Clarice Pearman
To: Jurgens, David <djurgens@ci.fayetteville.ar.us>
Creation Date: 5/16 12:12 pm
Subject: Wilson Bros.
David,
The City Council passed your agenda item for 5.15.07. I don't have signed original agreements for this
item. Please let me know the status of the signed original agreements to finish processing this resolution.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
From: Clarice Pearman
To: Jurgens, David
Date:. 5.23.07 1:43 PM
Subject: Res. 86-07
Attachments: 86-07 Wilson Brothers Construction.pdf
CC: Audit
David,
Attached is a copy of the above resolution passed by City Council, May 15, 2007. 1 am forwarding to you three of four original
agreements via interoffice mail. If anything else is needed please let me know. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearmanra)ci favetteville ar us
David Jurgens
Submitted By
to
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
N/A- Mayor's Approval
City Council Meeting Date
Wastewater System Improv Proj
Division
Water/Wastewater
Department
in the amount
$9,091.98, for Noland WWTP renovations, WSIP Subproject EP -1. Funds are available within the approved contract
contingency of $65,000.00.
$9,091.98 65,000.00 Wastewater System Imp Project
Cost of this request Category/Project Contingency Program Category / Project Name
4480-9480-5315.00
Account Number
02133.0313
Project Number
Budgeted Item
City Attorne
t•
Funds Used to Date
( $ 65,000.00
Remaining Balance
Budget Adjustment Attached
Date
Finance and Internal Service Director Date
Mayor
Date
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution # 86-07
Original Contract Date: 15 -May -07
Original Contract Number: 1090
Received in i er 's ffice
IA 0
Received in Mayor's Office
yev:le ,
.
CONTRACT REVIEW MEMO
To: Mayor Dan Coody
Fayetteville Sewer Committee
City Council Meeting of N/A- Mayor's Approval
From: David Jurgens, Water and Wastewater Director
Date: February 11, 2008
Subject: Approval of change order # I to the construction c�intract with Wilson Brothers
Construction, in the amount of $9,091.98, for Noland WWTP renovations, WSIP Subproject EP- 1.
Funds are available within the approved contract contingency of $65,000.00.
RECOMMENDATION
City Administration recommends approval of change order # I to the construction contract with
Wilson Brothers Construction, in the amount of $9,091.98, for Noland WWTP renovations, WSIP
Subproject EP -1. Funds are available within the approved contract contingency of $65,000.00.
BACKGROUND
The project involves lining the 17 million gallon Noland Wastewater Treatment Plant primary
storage pond, allowing it to be used for untreated wet weather flows before they enter the treatment
process. Currently, the storage pond can only be used for treated or partially treated water.
Specifically, it provides for the installation of a concrete liner, geomembrane liner, a nonpotable
water high pressure washdown system and other miscellaneous improvements at the site. This
project will significantly reduce overflows, as peak flows in excess of short term treatment plant
capacity will be stored until the peak flow drops. It will also prevent the biological treatment system
from being inundated during the significant variations from normal flow to storm -related flow.
DISCUSSION
This change order is required to add additional reinforcement for the pond drive at the liner
connection by increasing the amount of rebar and concrete thickness. An additional concrete
approach is to be installed at the entrance to the Primary Pond drive, and the elevation of the pond
entrance will be raised 4 inches. These actions will decrease the potential run off into the Primary
Pond and provide operators with an easier transition from the gravel road to the concrete drive.
This change order has been reviewed by Black & Veatch, the Engineer; they recommend approval.
BUDGET IMPACT
Funds are available within the approved contract contingency of $65,000.00.
EP -1 Wilson Bros Chg Ordr I CCMcmoFeb08a
rayretel1p e CHANGE ORDER
Project Number. EP -1
ARKANSAS Contract Title: Noland WWTPWet Weather
Improvements
Change Order No I Date of Issuance February 11.2008
TO CONTRACTOR: Wilson Brothers Construction. Inc. ORDINANCE NO: / RESOLUTION NO:
The Contract is changed as follows: EFFECIIVE
Item CO1-1. Additional Reber in the Concrete Drive into the Primary Pond.
Initiated by: Engineer
In order to provide additional reinforcing at the liner connection on the north side of the drive, the amount of rebar
and concrete thickness was increased on the pond drive. The additional rebar and concrete results in an increase of
$2,896.92 in Contract Price. The change results in no change in Contract Time.
Item COI -2. Additional Concrete Amon at Primary Pond Entrance.
Initiated by: Operator (OMI)
:. . 1 Y - • . - . :1, 1 1 1 ..: .. 1 1 :.. .: 1 . . .4 .: 11111 1 1 1 l • 11. ' . I .
.. .. 1 IN,'tT'4t1__,JJUIt
1 I _
1 r 111111 1 - .. N I 1 : 11 . 1 . 1 ' 111: ' . I N :11 1 . . . - 11 • 1 . .1 .. 1 - 1' .1 1 - diti.$6,195.06 1 . 1 . I -
IrJ Y:• 4 1 1.. 1: I• •
11 1 1 1
Not valid until signed by the Owner.
The original Contract Price was....................................:..................................................... $ 1.327.793.62
Net change by previously authorized Change Orders.......................................................... $ 0
The Contract Price prior to this Change Order was............................................................. $ 1.327.793.62
The Contract Price will be (X increased) (O decreased) (O unchanged) by ...................... $ 9.091.98
The new Contract Price including this Change Order will be .......................................... $ 1.336.885.60
The Contract Times will be (O increased) (O decreased) (X unchanged) by ..................... ( 0 1 days
Required date of Substantial Completion as of the date of this Change Order therefore is. January 19.2008
• . 1 1 • w. 1 1. . 1 1 • . . 1 1 .. n 1 1 .: - . > - 1 11 •.
1 .)IIu 1 .t • . 1 .c •
a to tit/I �lll
00940 change order I EP l.doc
Project No. 135045
SECTION 00940 - CHANGE ORDER FORM (continued)
I certify there is a balance otherwise unencumbered to the credit of the appropriation to which the above amount is
chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment
is to be made, each sufficient to meet the above obligation.
Distribution: O Owner (4)
O Contractor
U Engineer
00940 -CHANGE ORDER FORM 00940 -2
Paul R. Noland WWTP Improvements
WSIP Contract EP -1
Change Order Number 1
Summary of Changes
Item
Change In
Change in
Number
Description
Contract Amount
Contract
Time
CO1-1
Additional Rebar in the Concrete Drive
$2,896.92
0
into the Primary Pond
CO1-2
Additional Concrete Apron at Primary
$6,195.06
0
Pond Entrance
TOTAL
$9,091.98
0
EP1 Change Orda No I Summary ofChanges.doc
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From: Clarice Pearman
To: Jurgens, David
Date: 2.21.08 5:51 PM
Subject: Wilson Brothers CO1
Attachments: 02.20.08 Wilson Brothers Constr CO1.pdf
CC: Audit
David:
Attached is a copy of the above change order. Please let me know if there is anything else needed for this item. I will
forward to you via interoffice mail 5 of 6 original change orders. Have a good day.
Thanks.
Clarice
Ifl\ Mid -Continent Grou
Pth--
,l7 w186'
-a7
SMRECEIVED
0 MAR 17 2008
MID-CONTINENT CASUALTY • MID-CONTINENT INSURANCE • OK�.�ThOA Si9�EtY
Lo,2I' DtiI
CITY OF FAYETTEVILLE C Cn ra _
f
PUB WRKS J -
113W MOUNTAIN STREET ja f
FAYETTEVILLE, AR 72701 pt -'4
-�A'--'�.�� L fS-f -- �...
RIDER
TO BE
ATTACHED TO AND
FORM PART OF BOND
NO. ABD- 0021452
issued
by MID—CONTINENT
CASUALTY COMPANY
of
Tulsa,
Oklahoma.
In favor of: CITY OF FAYETTEVILLE
On behalf of: WILSON BROTHERS CONSTRUCTION CO INC
Dated: SEPTEMBER 24, 2007—
.;
In consideration of the premium charged for the attached bond, it is hereby agreed
that the Bond is amended as follows:
THIS RIDER IS TO AMEND THE DATES TO READ 9/24/07
TO 9/24/09 IN LIEU OF 9/24/07 TO 9/24/08
_The attached bond -shall be.subject to all. its agreements limitations and conditions
except herein expressly modified.
This rider shall become effective September 24, 2007.
Signed, sealed and dated March 14, 2008.
MID-CONTINENT CASUAL
Attorney —in —Fact
OBLIGEE COPY
P.O. Box 1409 Tulsa, Oklahoma 74101-1409 918-587-7221 800-722-4994 FAX: 866-652-3918
MID-CONTINENT CASUALTY COMPANY
Tulsa, Oklahoma
Know all Men by these presents: That the MID-CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its
principal office in the city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company
on March 13th, 1947, to -wit:
"Article IV, Section:7.' -- The Executive Officers of the Companyshall have power and authority to appoint, forpurposes only of executing
and attesting bonds and undertakings and other writings obligatory in.the nature thereof, one more Resident Vice President, Resident Assistant
Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney -in -Fact
and revoke the power and authority given him. None of such appointees need be Directors of the Company."
The Company does hereby constitute and appoint Todd Bazata, Lana S. Collier, Suzi Dean; Donald
L McQuay, Celeste Neel, Melanie Pancoast, Gary S. Salzyn, Jason M. Telford and Jodi
Torix, individually of TULSA, OK
its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, .z
Any and all bonds and undertakings of Suretyship
And the execution of such instr ument(s) in -pursuance of these presents, shall be as binding upon the said MTh-CORTINENTtASUALTY
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office in Tulsa, Oklahoma.
IN WITNESS WHEREOF, MID-CONTINENT CASUALTY COMPANY ; has executed and attested these
presents this 06 day of March , 2008
ATTEST:
.....r
SARA ANDERSON ASSISTANT SECRETARY TODD BAZATA VICE PRESIDENT
On this 06 day of March - , 2008 before me, a Notary Public of the State of Oklahoma in and
for the County of Tulsa, came the individual to me personally known to be the officer described in, and who executed the preceding instrument,
and he' acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and autharized officer of the --
MID-CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company,
and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said
Company, and that Article IV, Section 7, of the By -Laws of said Company, referred to in the preceding instrument, is now in force. - - -
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Tulsa, the day and yearfirst above written
ogry VoMb
S of tJktahetna Commission # 05000936
STATE- A FAY SSEE .My Commission expires 01-26-09 - couN1
T
Corn Ex .01•Mr2009
Notary Public
I SARA ANDERSON Assistant Secretary of MID-CONTINENT CASUALTY COMP o hereby certify thatthe foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are `
true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
This certifies that any facsimile or mechanically -produced signature of any officer of the Company and Company seat, wherever appearing upon a power of attorney issued
by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed --
IN WITNESS WHEREOF, I hIvrf hereunto set my hand and affixed the facsimile seal of said corporation
lit rt Up
`r td1G 'yam 'thy^` j1�/(j
.r`'���'r:..w.... k1el*r'' this day of ..4 t 1Q �
iy.!?l►7 } x SARA ANDERSON Assistant Secretary
'.: BBa88-MC "7 Q�l �v � � 9NPA0mm
PI i(- W f tir of OP ID: TZ
'`%C Lfl"" CERTIFICATE OF LIABILITY INSURANCE
DATD/YYYY)
09/30 09/30/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 -- 479-785-2912
JMR/PFP Insurance 479-424-4902
PO BOX 1747
Fort Smith, AR 72902
James C. Russell
CONTACT
NAME:
PHONE
NC No Ext •
FAX
A/C No);
E-MAIL
ADDRESS:
PRODUCER ILSO11
CUSTOMERI 'W
INSURERS AFFORDING COVE
p p
INSURED Wilson Brothers Construction
Co., Inc.
Bransen Harris
PO Box 580 '� !
Alma, AR 72921
INSURERA:State Auto Insurance Com
INSURER B
INSURERC:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: RFVI-cInM MI IMRFD.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POUCY EFF
MM/DD/YYYY
POUCY EXP
MM/DD/YYYY
UMITS
A
A
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I X OCCUR
Per project agg
PBP2507790
01/05110
01/05/11
EACH OCCURRENCE
$ 1,000,00
X
DAMAGE To RENTED
PREMISES Ea occurrence
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,00
XCU
GENERAL AGGREGATE
$ 2,000,00
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY X JECT PRO LOC
PRODUCTS - COMP/OP AGG
$ 2,000,00
$
A
A
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWWED AUTOS
BAP2239568
BAP2239568
BAP2239568
01105110
01105/10
01/05/10
01/05/11
01/05/11
01/05111
COMBINED SINGLE LIMIT
(Ee accident)
S 1,000,00
X
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Peraccident)
$
X
X
$
A
UMBRELLALIAB
EXCESS UAB
X
OCCUR
CLAIMS -MADE
BPB2507790
-
01/05/10
01105111
EACH OCCURRENCE
$ 1,000,00
AGGREGATE
$ 1,000,00
DEDUCTIBLE
RETENTION $ 10,000
$
X
-
$
A
WORKERS COMPENSATION
AND EMPLOYERSLIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN
IM OFFICEREMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
WCP2139870
01/05/10
01/05111
XI
Vrc STATU-
I
0TH -
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYEE
$ 1,000,00
E.L. DISEASE- POLICY LIMIT
$ 1,000,00
A
Leased Equipment
8PS2507790
01/05110
01105/11
Per Item 200,00
Per Occur 400,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltonal Remarks Schedule, If mom space Is required)
Re: Wastewater System Improvement Project -Noland Wastewater Treatment Plant
Wet Weather Improvements EP -1
REVISED CERTIFICATE EFFECTIVE 10/1/10
CITYFAY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fayetteville AR ACCORDANCE WITH THE POLICY PROVISIONS.
113 W Mountain
Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE
@1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORDname and logo are registered marks of ACORD