HomeMy WebLinkAbout249-09 RESOLUTIONlk
RESOLUTION NO. 249-09
A RESOLUTION AWARDING BID #09-65 AND APPROVING A
CONTRACT WITH SEVEN VALLEY'S CONCRETE, LLC IN THE AMOUNT
OF $583,897.00 FOR THE CONSTRUCTION OF THE BROYLES AVENUE
SEWER LIFT STATION; AND APPROVING A PROJECT CONTINGENCY
IN THE AMOUNT OF $30,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid
#09-65 and approves a contract with Seven Valley's Concrete, LLC of $583,897.00 for the
construction of the Broyles Avenue sewer lift station. 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 approves a
project contingency in the amount of $30,000.00.
PASSED and APPROVED this 15th day of December, 2009.
APPROVED:
By
ATTEST.
By:
SO 1 • E. SMITH, ity Clef. jeasurer
U%ce*G\iY OF""�c%_
:FAYETTEVILLE:
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DOCUMENT 00500 — AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND SEVEN VALLEY'S
CONCRETE. LLC
Project Name: Wastewater System hnprovaneni Project
Contract Name: Broyles Lift Station
Contract No.: WL -IS
BID: 09-65
THIS AGREEMENT is dated as of the Ryday of in the yea 2009 by and
between CITY OF FAYE i r IVILLE and Seven Valley's Concrete LLC.
ARTICLE' - WORT(
1.01 Seven Valley's Concrete, LLC shall complete all Work as specified or indicated in
the Contract Documents. The Work under this Contract is generally described as
follows:
The construction of the Broyks Lift Station a submersible pump lilt station that will
contain 2 — 45 HP submersible centrifugal pumps. Otter station features include odor
control, equipment controls, electrical power and back-up power generation. Piping
work includes pump discharge piping, valve pit piping, potable water service piping,
connections to an approaching 15 -inch gravity sewer, and to a 12 -inch force
main. Rock excavation is required.
The project is located on the southwest corner of Broyles Avenue and Persimmon St,
Fayetteville, Alt
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 treatrnent plant on the west side of the City of Fayetteville.
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DOCUMENT 00500— AGREEMENT (continued)
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ARTICLE 2- JNGZNJER
2.01 The Contract has been designed by RJN GROUP, INC. RJN GROUP, INC. assumes
all duties and responsibilities, and has the rights and authority assigned to RJN
GROUP, INC. in the Contract Docuinents 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
comp:etion and readiness for final payment as stated in the Connact
Documents me of the essence of the Contract.
3.02 PATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A The Work will be Substantially Completed within 240 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 285 calendar days
after the date when the Contract Times cammeace to nm.
1. Substantially Complete by date stated above shall be defined as the
completion of all major work items as acquired for a fully operational
system, including the installation of duce submesible pumps. piping
and valves, sewer connections and electrical connections and
controls. All piping work is to be installed and tested. All concrete
and general site work is complete and the odor control system is
operational.
3.03 jJOUIDATED DAMAGES.
A. THE CITY OF FAYE TEVILLE and Seven Valley's Canaete, LLC
recognize that time is of the essence of this Agreement and that THE CITY
OF FAYE TEVILLE will suffer financial loss if the Work is not completed
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POCVMENT 00500 — AGREEMENT (continued)
within the time specified above, plus any extensions thereof allowed in
accordance with the GENERAL CONDITIONS. The patties also recognize
the delays, expense, and difficulties involved in provit:g the actual loss
suffered by THE CITY OF FAYE i 1 bVILLE if the Work is not
Substantially Completed on time. Accordingly. instead of requiring any such
proof, THE CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC
agree that as liquidated damages for delay (but not as a paiaity) Seven
Valley's Concrete, LLC shall pay THE CITY OF FAYETTEVILLE Five
Thousand Dollars (S5,000.00) 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 Seven
Valley's Concrete, LLC shall neglect, refuse, or Fait to tompiete the
ranaining 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, Seven Valley's Concrete, LLC shall pay
THE CITY OF FAYETTEVILLE One Thousand Dollars (51,000.00) for
each calendar clay that expires after the time specified for completion and
readiness for final payment.
ARTICLE 4 - CONTRACT FAKE;
4.01 The CITY OF FAYETTEVILLE agrees to pay, and Seven Valleys Concrete, LLC
agrees to accept, as full and final compensation for all work done under this
agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
measurements and deteiminatiau of actual quantities and classifications are to be
made by RJN GROUP, INC. as provided in the General Conditions.
4.03 THE CITY OF FAYETTEVILLE shall pay Seven Valley's Concrete, LLC for
completion of the Work in accordance with the Contract Documents an amount in
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DOCUMENT 00500 — AGREEMENT (continued)
current funds equal to the sum of the amounts determined pursuant to paragraphs
below:
For all Work, at the prices stated in Seven Valley's Concrete, LLC's Bid,
attached hereto as an Exhibit.
4.04 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 die change in scope, costs, fees, or delivery schedule.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Seven Valley's Concrete, LLC 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_ RETAINA .
THE CITY OF FAYETTEVILLE shall make progress payments on account
of the Contract Price on the basis of Seven Valleys Concrete, LLC's
Applications for Payment as recommended by RUN GROUP, INC. on or
about the 20° day of each month during construction. All such payments
will be measured by the schedule of values established in the GENERAL
CONDmONS (and in the cast of Unit Price Work based on the number of
units completed) or, in the event there is no schedule of vets, as provided
in the General Requirements.
i . 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 RN GROUP, INC. shall determine, or THE CITY OF
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DOCUMENT 00500 — AGREEMENT (continued)
FAYETTEVILLE may withhold, in accordanec with the GENERAL
CONDITIONS.
a. 90% of Work Completed (with the balance being retainage). If
Work las been SO%completed as determined by RIM GROUP,
INC. and if the character and progress of the Work have been
satisfactory to THE CITY OF FAYETTEVILLE and RN
GROUP. INC., THE CITY OF FAYETTEVILLE on
recommendation of RJN GROUP, INC. may determine that as
long as the changer and progress of the Worksubsequealy
remain satisfactory to them a 5 percent retainage will be
withheld on the remaining progress payments prior to Substantial
Completion; and
b. 100% ofEquipment and Materials not incorporated in the Wore
but delivered, suitably stored, and accompanied by
documentation satisfactory to THE CITY OF FAYETTEVILLE
as provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, THE CITY OF FAYETTEVILLE
shall pay an amount sufficient to increase total payments to Seven
Valley's Concrete, LLC to 95% of the Contract Price (with the
balance being retainage), less such amounts as RJN GROUP, INC.
shall determine, a 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 CONDTfIONS, THE CITY OF FAYETTEVILLE shall pay the
remainder of the Contact Price as recommended by RN GROUP, INC. and
as provided in the GENERAL CONDITIONS.
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DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - SEVEN VALLEY'S CONCRETE, LLC 'S REPRESENTATIONS
6.01 In order to induce THE CITY OF FAYETTEVILLE to enter into this Agreement,
Seven Valley's Concrete, LLC makes the following representations:
Seven Valley's Concrete, LLC has examined and carefully studied the
Contract Documents including the Addenda and odser related data identified
in the Bid Documents.
H. Seven. Valley's Concrete, LLC has visited the Site and become familiar with
and is satisfied as to the general, local, and Site conditions that may effect
cost, progress, performance, and furnishing of the Work.
C. Seven Valley's Concrete, LLC is familiar with and is satisfied es to all
federal, state, and local Laws and Regulations that may affect cost, prngres',
performance, and furnishing of the Work.
D. Seven Valley's Concrete, LLC 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. Seven Valley's Concrete, LLC acknowledges that
THE CITY OF FAYETTEVILLE and RIM GROUP. INC. 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. Seven Valley's Concrete, LLC has obtained and carefully studied (or
assumes responsibility of having done so) all such additional supplementary
examinations, investigations, explorations, test, studies, end data coneemirtg
oonditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site or otherwise which may affect cost, progress, pafonnance, and
00500 - Agreement-7VC 00500 — 6
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DOCUMENT 90500 - AGREEMENT (continued)
furnishing of the Work or which relate to any aspect of dee means, methods,
techniques, sequences, and procedures of construction to be employed by
Seven Valley's Concrete, LLC and satiny precautions and programs incident
thereto.
F. Seven Valley's Concrete, LLC does not consider that any additional
examinations, investigations, explorations, wits, studies, or data are
necessary for the performing and furnishing of the Wont at the Contract
Price, within the Contact Times, and in accordance with the other teras and
conditions of the Contract Documents.
G. Sever, Valley's Concrete, LLC is aware of the general nature of work to be
performed by THE CITY OP PAYE7TEVILLG tad others at the Site that
relates to the Work as indicated in the Contract Documents.
H. Seven Valley's Concrete, LLC has conelated the information known to
Seven Valley's Concrete, LLC, information and observations obtained from
visits to the Site, reports and drawings identified in the Contract Documents,
and all additional examinations, investigations, explorations, tuts. studies,
and data with rhe Contract Documents.
I. Seven Valley's Concrete, LLC has given RIN GROUP, INC. written notice
of all conflicts, errors, ambiguities, or discrepancies that Seven Valley's
Concrete, LLC has discovered in the Contract Documents and the written
resolution thereof by RJN GROUP, INC. is acceptable to Seven Valley's
Conaete, LLC.
•
The Contract Documents are generally sufficient to indicate and convey
understanding of all teens and conditions for paformana and furnishing of
the Work.
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Jan 13 10 04:56p Ann Ennes
DOCUMENT 00500 - AGREEMENT (continued)
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTFM:
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A. The Contract Documents which comprise the entire Agreement between
THE CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC
concerning the Work consist of the following and may only be amended,
modified, or supplemented as provided in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Seven Valley's Concrete, LLC's Bid.
c. Documentation submitted by Seven Valley's Comate, LLC
prior to Notice of Award.
d. Seven Valley's Concrete, LLC's Act of Assurance For=
3. Performance, Payment, and other Bands.
4. General Conditions.
5. MBE t WBE Compliance Evaluation Form.
6. Supplemadary Conditions.
7. Labor -Related Regulations.
8. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
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DOCUMENT 00500 - AGREEMENT (continued)
9. Drawings consisting ofa cover sheet and sheets as listed in the table
of tomenta thereof, with each sheet bearing the following general
title:
J3ROYLES Lift Station. WL -15
10. Addenda number one.
11. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: A11 Written
Amendments and other documents amending, modifying, or
supplementing the Connact Documatta pursuant to the GENERAL
CONDITIONS.
ARTICLE 8 • MISCELLANEOUS
8.01 TERMS:
A. Tenns used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights undo or interests in the
Contract Docunents 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 cement to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contact
Documents.
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pOCUMENT 00500 - AGREEMENT (continued)
8.03 SUCCESSORS AND ASSIGNS:
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A. THE CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC each
binds himself, his partnere, 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 Dxuments.
8.04 SEVERABILITY:
A. Any provision or pan of the Contact 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 Seven Valley's Concrete, LLC, who agree that the
Contact 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.
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 Info. -mutton Act
(FOIA). If a Freedom of Information Act request is presented to the CITY
OF FAYETTEVILLE, Seven Valley's Concrete, LLC will do everything
possible to provide the docwnents 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 authaihmd photocopying costs pursuant to the FOIA
may be assessed for this compliance.
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• DOCUMENT 00500 - AGREEMENT (continued)
IN WITNESS WHEREOF, THE CITY OF FAYETTEVILLE and Seven Valley's
Concrete, LLC have signed this Agreement in quadruplicate. One counterpart each
has been delivered to THE CITY OF FAYETTEVILLE, Seven Valley's Concrete,
LLC, and RIN GROUP, INC. All portions of the Contract Documents have been
signed, initialed, or identified by THE CITY OF FAYETTEVILLE and Seven
Valley's Concrete, LLC
This Agreement will be effective on
Effective Date of the Agreement.
I -Cice Mtfra /S
2009, which is the
Seven Valley's Concrete, LLC City of FAYETTEVILLE
S4' OGt ✓.`Joi. FAY LH�VDLIpr ps
Tide: Moa y . M 4,-)4•A ern Title: Mayor
(SEAL)
Attest At.t\ £nte5
Address for giving notices
o- boy 8?
CAssvrat-, M0. 6 s7 2 6—
License
License No. 016,3oq 0`, lo
Agent for Service of process
(If Seven Valley's Concrete, LLC
is a corporation, attach evidence of authority
to sign.)
00500 - Agreeman-7VC
AttestqabiZ
(SEAL)
Address for g'ving notice
p.1
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c� 0¢1VTRe4...
G
•
(If Owner is a public body, affect
O. 'A
:FAYETTEVILLE:
evidence of authority to
=t.
sign and resolution or other dowfy�.ey 9RkANsp:' �~•
authorizing execution ofAgreaneatj. 41,1G (51:1 nJ .�
4.
Appro Fonn-
���
By:
Attorney 'or. City of FAYETTEVILLE
END OF DOCUMENT 00500
00500-11
David Jurgens
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
15 -Dec -09
City Council Meeting Date
Agenda Items Only
Water and Sewer
Division
'Action Required:
Utilities
Department
Approval of a construction contract with Seven Valley's Concrete LLC for $583,897 for construction of the Broyles
Avenue sewer lift station, WSIP Subproject WL -15, Bid 09-65, and approval of a 5% contingency of $30,000.
613,897
Cost of this request
5815. oO
4520.9530:5345780 -
Account Number
02133.0700
Project Number
$
19,739,981
$
Category / Project Budget
Wastewater Sys Improv Project
Program Category / Project Name
11,387,751 Water and Wastewater
Funds Used to Date Program / Project Category Name
8,352,230 Water and Sewer
Remaining Balance Fund Name
Budgeted Item XX Budget Adjustment Attached
Dela 1 rector
Ci / .orney
2-0 POI) di
Date
f/-Z3-oy
Date
tI-13.2.01
Finance and Internal Services Director
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Received in
Mayors Office
Revised January 15, 2009
ve..evi:le
CITY COUNCIL AGENDA MEMO
MEETING DATE OF DECEMBER 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Directora
Fayetteville Water and Sewer Commiytee
Date: November 20, 2009
Subject: Construction contract with Seven Valley's Concrete LLC for $583,897, for construction of the
Broyles Avenue sewer lift station, WSIP Subproject WL -15, Bid 09-65
RECOMMENDATION
City Administration recommends approval of a construction contract with Seven Valley's Concrete LLC for
$583,897, for construction of the Broyles Avenue sewer lift station, WSIP Subproject WL -15, Bid 09-65, and
approval of a 5% contingency of $30,000.00.
BACKGROUND
The Contract provides for the construction of a submersible pump type lift station with two 45 HP submersible
centrifugal pumps at the southwest corner of Broyles Avenue and Persimmon Street. This station catches flows
from areas east of Broyles Road and west of I-540. It pumps directly to the West Side WWTP. The wastewater
in this area currently flows through both the Owl Creek lift station on Double Springs Road and the Hamestring
lift station on Sunshine Road. This new lift station reduces the volume carried by the other two stations,
extending their service life and reducing electrical costs.
DISCUSSION
The City received 5 bids on November 19th for this project.
Seven Valley's Concrete, LLC
$ 583,897.00 (low bid)
L.E. Davis Construction, Inc.
$ 622,500.00
Crossland Heavy Contractors, Inc.
$ 628,815.00
Goodwin and Goodwin, Inc
$ 683,600.00
Fochtman Enterprises, Inc
$ 1,089,089.00
Engineer's Estimate
$ 650,000.00
The bid is being reviewed by the RJN Group, the Engineers, their letter recommending award is attached.
Seven Valley's is successfully completing the Township Street 36" Water Main for the City and has completed
lift station projects similar to WL -15.
BUDGET IMPACT
Funds are available in the WSIP project budget.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION AWARDING BID #09-65 AND APPROVING A
CONTRACT WITH SEVEN VALLEY'S CONCRETE, LLC IN THE
AMOUNT OF $583,897.00 FOR THE CONSTRUCTION OF THE
BROYLES AVENUE SEWER LIFT STATION; AND APPROVING A
PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby
awards Bid #09-65 and approves a contract with Seven Valley's Concrete, LLC of
$583,897.00 for the construction of the Broyles Avenue sewer lift station. 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
approves a project contingency in the amount of $30,000.00.
PASSED and APPROVED this 15th day of December, 2009.
APPROVED. ATTEST:
By: By:
LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer
e
r�ngroup
Excellence throu h Ownership
November 20, 2009
Mr. Dave Jurgens, P.E.
City of Fayetteville
Director Water and Wastewater
113 West Mountain Street
Fayetteville, AR 72701
Subject: Bid 09-65
Fayetteville WL -15, Broyles Road Lift Station
RJN# 18-1875-03
Dear Mr. Jurgens:
www.rin.com
KIN has reviewed and processed the Contractor Bids for the above referenced project. All bids
are correct as submitted by each contractor. Seven Valley's Concrete, LLC is certified to be the
low bidder with a total bid amount of Five Hundred Eighty Three Thousand Eight Hundred
Ninety Seven dollars and no cents ($583,897.00).
Seven Valley's Concrete LLC has completed projects of similar nature as a prime, subcontractor
and under the auspice of Seven Valley's Construction Company Inc.
RJN recommends that the contract for Bid 09-65 in the amount of $ 583,897.00 be awarded to
the low bidder, Seven Valley's Concrete, LLC.
Should you have any further questions, please call me at (314) 588-9764, x325.
Kevin White
Project Manager
cc: H. Kelso
R. Januska
26 East Meadow #8 • Fayetteville, AR 72701 •479.444.6119 • fax 479.444.6119
•
Please note that the items highlighted in Yellow are incorporated in "Other".
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3
m
m
%W. foua6uituo0
Other
Maintenance Bond (0.9%)
Labor & Material Bond (1.4%)
Fencing
Paving & Landscaping
Painting and Coatings
Antenna
C
3
0
Electrical and Controls
'Piping - Pumps to Force main, H
Structural - Hatches
Structural - Rock Anchors
'Structural - Re -enforced Concrete
Rock Excavation
O
1Dewatering
Site Preparation
Mobilization / Demob
Trench or Excavation Safety
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0
EngrLs Estimate
6 5,292
tO
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N
W
N
20,000
15,000
25,000
8,000
6 100,000
210,000
30,000
15,000
6 15,000
60,000
35,000
10,000
10,000
6 5,000
25,000
414
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0
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a
583,897
125,398
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34,000
19,000
1,500
4,000
122,000
147,000
4,000
al
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o
0
29,500
25,000
40,000
3,800
3,897
3,000
Seven Valley's
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O
0
-6
622,500
15,000
15,000
01
o
O
O
35,000
30,000
10,000
30,000
140,000
130,000
10,000
25,000
87,500
40,000
10,000
5,000
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10,000
7,500
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15,000
4,500
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0
0
4,770
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0
19,475
3,000
139,800
196,700
49,700
A
0
0
18,000
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DOCUMENT 00500 - AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND SEVEN VALLEY'S
CONCRETE, LLC
Project Name: Wastewater System Improvement Project
Contract Name: Broyles Lift Station
Contract No.: WL -15
BID: 09-65
THIS AGREEMENT is dated as of the " ay of SJQn n the year 2009 by and
between CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC.
ARTICLE 1 - WORK
1.01 Seven Valley's Concrete, LLC shall complete all Work as specified or indicated in
the Contract Documents. The Work under this Contract is generally described as
follows:
The construction of the Broyles Lift Station a submersible pump lift station that will
contain 2 — 45 HP submersible centrifugal pumps. Other station features include odor
control, equipment controls, electrical power and back-up power generation. Piping
work includes pump discharge piping, valve pit piping, potable water service piping,
connections to an approaching 15 -inch gravity sewer, and to a 12 -inch force
main. Rock excavation is required.
The project is located on the southwest corner of Broyles Avenue and Persimmon St,
Fayetteville, AR.
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 of Fayetteville.
00500 - Agreement-7VC.doc 00500 — 1
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 2 - ENGINEER
2.01 The Contract has been designed by RJN GROUP, INC. RJN GROUP, INC. assumes
all duties and responsibilities, and has the rights and authority assigned to RJN
GROUP, INC. 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:
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:
The Work will be Substantially Completed within 240 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 285 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, including the installation of three subtnersible pumps, piping
and valves, sewer connections and electrical connections and
controls. All piping work is to be installed and tested. All concrete
and general site work is complete and the odor control system is'
operational.
3.03 LIQUIDATED DAMAGES
A. THE CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC
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
00500 - Agreement-7VC.doc 00500-2
DOCUMENT 00500 — AGREEMENT (continued)
within the time specified above, plus any extensions thereof allowed in
accordance with the GENERAL CONDITIONS. The parties also recognize
the delays, expense, and difficulties involved in proving the actual loss
suffered by THE CITY OF FAYETTEVILLE if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, THE CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC
agree that as liquidated damages for delay (but not as a penalty) Seven
Valley's Concrete, LLC shall pay THE CITY OF FAYETTEVILLE Five
Thousand Dollars ($5,000.00) 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 Seven
Valley's Concrete, LLC 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, Seven Valley's Concrete, LLC shall pay
THE CITY OF FAYETTEVILLE One Thousand Dollars ($1,000.00) 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 FAYE1 TEVILLE agrees to pay, and Seven Valley's Concrete, LLC
agrees to accept, as full and final compensation for all work done under this
agre ment, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
measurements and determinations of actual quantities and classifications are to be
made by RJN GROUP, INC. as provided in the General Conditions.
4.03 THE CITY OF FAYETTEVILLE shall pay Seven Valley's Concrete, LLC for
completion of the Work in accordance with the Contract Documents an amount in
00500 - Agreement-7VC.doc 00500 — 3