Loading...
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: ,,,ysy KNQ:o?o Jan 13 10 04:58p Ann En nes 4178475811 p.11 ••+•...,, ..o„ .,,:,,a raw .,a a,, 04 ,/ ucy ua eayetsevule 1g1002/012 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. 00500 - Agreanau-7VC 00500 —1 Jan 13 10 04:57p Ann Ennes V•,satiV•V AGH •O:74 sM VI, ,,, CL], ❑1.cy of rayessevuje DOCUMENT 00500— AGREEMENT (continued) 4178475811 p.10 1/1003/012 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 00300 - Agreement-7VC 00500 — 2 Jan 13 10 04:57p Ann Ennes """ _.'" '" --... .•r . •.e v... '- 'r v ray a.e 4178475811 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 00500 - Agreement -7 VC 00500 — 3 p.9 Iy1004/012 Jan 13 10 04:57p Ann Ennes 4178475811 1.8 ..J tau. ,.Ley vc rayeccevi,.ie 0005/012 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 00500 - Agreement-7VC 00500-4 Jan 13 10 04:57p Ann Ennes 4178475811 p.7 ..... •.•+. •..n •,a oIa oaaP Limy or rayeccevzsLo W006/0:2 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. 00500- Agreement -WC 00500-5 Jan 13 10 04:57p Ann Ennes +a, a.,.o,v WIG., N: Dc [M Y,! p,p OUI city Ot rayettevllle 4178475811 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 p.6 WJ007/012 Jan 13 10 04:56p Ann Ennas ••4 ,.a. U.S.„y vi csyoccoVtsse 4178475811 p.5 IQOoa/012 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. 00500-Agreentent•7VC 00500-7 Jan 13 10 04:56p Ann Ennes DOCUMENT 00500 - AGREEMENT (continued) ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTFM: 4178475811 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. 00500. Agreenrna7VC 00500-8 p.4 eoes/ot2 Jan 13 10 04:56p Ann Ennes _._ .__. ....i v. a.araccevasie 4178475811 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. 00590 • Agreemcnt•7VC 00500 -9 p.3 0010 /012 Jan 13 10 04:56p Ann Ennes ... ,..., ...1.y u. rayecceviaae pOCUMENT 00500 - AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: 4178475811 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. 00500-Agreemens-7VC 00500-10 p.2 1011/ars Jan 13 10 04:56p Ann Ennes ....r •••• tSy....Ytlle 4178475811 • 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 ®012/012 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". c co co0 y_ 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 :. l.L N .3 y ry .0 7 I Excavation 15. Broyles 1 -0 O CO rn 0 EngrLs Estimate 6 5,292 tO m 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 (n O 0 O al N a 583,897 125,398 " N O O O 34,000 19,000 1,500 4,000 122,000 147,000 4,000 al OD o 0 29,500 25,000 40,000 3,800 3,897 3,000 Seven Valley's O 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 � im o O 10,000 7,500 r m b o, <_ y co 0) O CO CO 15,000 4,500 0, 0 0 4,770 W v 0 19,475 3,000 139,800 196,700 49,700 A 0 0 18,000 0) 0 0 28,500 2,000 COCOco 0 0 0 0 15,000 2,000 0 2 O CO 7 0. 683,600 aD O O O 8,000 9,000 29,000 23,000 2,000 143,600 150,000 80,000 O O O 20,000 88,000 36,000 18,000 22,000 8,000 18,000 10,000 Goodwin O (OO O' GD CO a V 0 0 _ 19,000 13,610 33,900 31,200 9,700 (0 _- 0 0 129,700 109,020' 11,300 19,000 157,080 68,300 CO 23,400 A' ? - O 0 W -CO N CO 56,356 Fochman 0 0 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 DOCUMENT 00500 — AGREEMENT (continued) current funds equal to the sum of the amounts determined pursuant to paragraphs below: A. 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 the change in scope, costs, fees, or delivery schedule. ARTICLES- 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, RETAINAGE: A. THE CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of Seven Valley's Concrete, LLC's Applications for Payment as recommended by RJN GROUP, INC. on or about the 20111 day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 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 RJN GROUP, INC. shall determine, or THE CITY OF 00500 - Agreement-7VC.doc 00500 —4 DOCUMENT 00500 — AGREEMENT (continued) 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 RJN GROUP, INC. and if the character and progress of the Work have been satisfactory to THE CITY OF FAYETTEVILLE and RJN GROUP, INC., THE CITY OF FAYETTEVILLE on recommendation of RJN GROUP, INC. may determine that as long as the character and progress of the Work subsequently remain satisfactory to them a 5 percent retainage will be 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 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, 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 RJN GROUP, INC. and as provided in the GENERAL CONDITIONS. 00500 - Agreement-7VC.doc 00500 — 5 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: A. Seven Valley's Concrete, LLC has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. 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 affect cost, progress, performance, and furnishing of the Work. C. Seven Valley's Concrete, LLC 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. Seven Valley's Concrete, LLC 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. Seven Valley's Concrete, LLC acknowledges that THE CITY OF FAYETTEVILLE and RJN 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, 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 00500 - Agreement-7VC.doc 00500 - 6 DOCUMENT 00500 — AGREEMENT (continued) furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Seven Valley's Concrete, LLC and safety precautions and programs incident thereto. Seven Valley's Concrete, LLC does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Seven Valley's Concrete, LLC 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. Seven Valley's Concrete, LLC has correlated 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, tests, studies, and data with the Contract Documents. Seven Valley's Concrete, LLC has given RJN 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 Concrete, LLC. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 00500 - Agreement-7VC.doc 00500 -7 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: 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: I. 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 Concrete, LLC prior to Notice of Award. d. Seven Valley's Concrete, LLC's Act of Assurance Fonn. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. MBE / WBE Compliance Evaluation Form. 6. Supplementary Conditions. 7. Labor -Related Regulations. 8. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 - Agreement-7VC.doc 00500 - 8 DOCUMENT 00500— AGREEMENT (continued) 9. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: BROYLES 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: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLES- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents *ill 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. 00500 - Agreement-7VC.doc 00500 — 9 DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. THE CITY OF FAYETTEVILLE and Seven Valley's Concrete, LLC 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 Seven Valley's Concrete, LLC, 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. 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, Seven Valley's Concrete, LLC 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-7VC.doc 00500- 10 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 RJN 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. Seven Valley's Concrete, LLC By: Title: (SEAL) Attest Address for giving notices License No. Agent for Service of process (If Seven Valley's Concrete, LLC is a corporation, attach evidence of authority to sign.) 2008, which is the City of FAYETTEVILLE FAYETTEVILLE, Arkansas By: Title: Mayor (SEAL) Attest Address for giving notices (If Owner is 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-7VC.doc 00500 - II DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: Project Name: Fayetteville Wastewater System Improvement Project Contract Name: Broyles Lift Station Contract No.: WL-15 Bid: 09-65 Date: SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 companySEycO VPtU.EYS (OacgeT& LLC,. Name &in.6S pat6 ncy3OSo3 Address P.o. Q©x RE CAssyme, 9\0, (DsrO2r Principq"0 ce C ASS V SU-C Corporation, partnership, individual, joint venture, other L-L.C. Arkansas State General Contractor's License Number 0U030104 (0 EXPERIENCE STATEMENT 1. Qualification of Bidders a. It is the intention of the City of Fayetteville to award a Contract only to a Bidder who furnishes satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities, and plant to enable him to prosecute the work successfully and promptly, and to complete the work within the time specified in the Contract Documents. RJN Project No. 18-1875-03 00140-1 Bidder Qualifications City of Fayetteville, AR, Broyles LS jr- LI DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 1 b. Each Bidder shall submit with his Bid the executed Bidder's "Statement of Experience" form contained in this document. Each bidder shall also submit documented evidence that he has, with his own forces, completed a minimum of three Lift Station projects similar to this one with a construction cost of at least $500,000 during the past three years and one with a construction cost of at least $1,000,000 in the past five years. c. The City of Fayetteville reserves the right to require the three lowest Bidders to file proof within seven (7) calendar days of the Bid opening of their ability to finance and execute the project. This proof shall include, but not be limited to, a financial statement certified by a CPA for the last three years, a list of equipment owned by Bidder, a backlog of jobs under contract and amounts, and a record of successful completion of similar projects. d. The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. e. The successful Bidder must meet the statutorily prescribed requirements before Award of Contract by the City of Fayetteville. I f. In order to erform public work, the successful Bidder shall, as applicable, hold or obtain such Contractor's and Business Licenses as required by State statutes and the Rules and Regulations of the Arkansas Contractor's Licensing Board. 2. Bidder has been engaged as a General Contractor in construction for J±IL years and has performed work of the nature and magnitude of this Contract for I `� years. Bidder has been in business under its present name for (o years. 3. 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 RJN Project No. 18-1875-03 00140-2 Bidder Qualifications City of Fayetteville, AR, Broyles LS DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) date.) This sheet shall be inserted directly after this page or otherwise securely fastened to the back of this page. r,J 0 C-OWa3T I3oi3 Q FIRo is cTS 4. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 5. Has Bidder ever failed to complete any project? If so, state when, where, and why. 6. Bidder normally performs the following work with his own forces: Ex c(awATi SOO RLL TypES CONCRET� 7. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): a9 /EARS &881 C,uwts 1 ' eF111t S JAKE DAvr o►.) KIN Project No: 18-1875-03 00140-3 Bidder Qualifications City of Fayetteville, a Broyles LS DOCUMENT 00140 - BIDDER'S OUALIFICATION STATEMENT: (CONTINUED 8. In the event the Contract is awarded to Bidder, the required surety Bonds will be famished by the following surety company and name and address of agent (NOTE: all insurance and bonding must be through a company whose agents are licensed to do business in the State of Arkansas): RAu('Sey, Krtuc1 rARRELL r L605 SIJG P.O. SOX ITIVO CSIJCiA7&AT7 rNIs(r2 Co. LaTTLE Rock, fR• kev to &USck 9. Bidder's Workmen's Compensation Experience Modifier Factor is: ( 0 FINANCIAL STATEMENT 10 Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other. liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof &AR'f Ruas&L- CPA - &t5 t RR RJN Project No. 18-1875-03 00140-4 Bidder Qualifications City of Fayetteville, AR, Broyles LS 0 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder. Judgment Creditors Where Docketed and Date Amount b. $ Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: < <- tQ ,2009 (OFFICIAL SEAL) Name of Organization: SEEN 'Ja - s CoacRerE, LTC. By— oBBycuU Title PRtS. (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 RJN Project No. 18-1875-03 City of Fayetteville, AR, Broyles LS 00140-5 Bidder Qualifications 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 I l -I 1-b9 ao� 1C-1(0-04 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 famishing 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 finishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of Physical conditions in or relating to existing surface or subsurface structures • at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at 'the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. RJNProject No. 18-1875-03 City of Fayetteville, AR, Broyles LS 00200-2 Bid Forth 1 DOCUMENT 00400 - BID FORM (continued) 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. 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 Lump Sum Price A. Bidder will complete the Work in accordance with the Contract Documents for the lump -sum price of Five hanodeel #y IAreiedhowo. e/ Dollars ($ S83, 89 7. OO ) B:9h+AKna1eeciiY.nett' seven B. Provide a breakdown of the above lump sum bid per the following: !- (Note: The sum of this section to equal total lump sum price) 1. Trench or excavation safety systems complying with OSHA Part 1926-SubpartP$ SubpartP $ /,000.00 2. Mobilization $ 3,000. oo 3. Site Preparation $ 3,a'9 7. vr7 4. Dewatering $ ., ZOO . O o 5. Excavation: a. Soil S L/0, OOO . 0O b. Rock$ 2 000.00 6. Structural: a. Re -enforced Concrete $ . Z 5po .Do (Rebar, mud slab, walls, floors, roof, equipment pads, etc) c. Rock Anchors $ 1t, tO o . o 0 RJN Project No. 18-1875-03 00200-4 Bid Form City of Fayetteville, AR, Broyles LS DOCUMENT 00400 - BID FORM (continued) b. Metal $ 4%,OCO . cy (supports, hatches, etc.) 7. Piping: a. From pumps through and including valve pit $ _i4/?oco.co 8. Electrical and Controls: $ / 22--) otao • OO 9. Equipment and Installation of: a. Pumps $ y�QC'k2 ae 10. Concrete Paving$ 2 6 Oeo..en 11. Antenna$ /Soo•oo 12. Painting and Coatings $ 1g1000.00 13. Landscaping $ d2OOO o6 14. Fencing $ ,y'0 00• oc 15. Labor & Material Bond $ 1. Oc. 16: Maintenance Bond$ I. 00 17. `Other' not included above $• J- S)_3 �:�• 00 Describeother:gQet,A,,,Bn41 Gz6or) R'•'r:f ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and mady for final P. payment within the number of calendar days indicated in the Agreement. - _• 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event ( of failure to complete the Work within the times specified in the Agreement. RJN Project No. 18-1875-03 00200-5Bid Form Cl City of Fayetteville, Al?, Broyles LS I DOCUMENT 00400 - BID FORM (continued) ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and in the amount of Dollars ($ 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. E. Contractor's Act of Assurance Form, RLF-52. F. MBE / WBE Compliance Evaluation Form, RLF-96. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to.the Bidder as follows: SAxe :. DAVzsof0 k Phone NoF7 - 3(fZ-" 0 (O FAX No. _4t1 - 241 - S81 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 ( l" (a . 20009. RJN Project No. 18-1875-03 00200-6 Bid Form City of Fayetteville, AR, Broyles LS I I I I. 1 I I I DOCUMENT 00400-811) FORM (continued) Arkansas State Contractor License No. If Bidder is: An Individual Name (type or printed): By: (SEAL); (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: A Corporation LLC Corporation Name:Seve� Urutyc CO►JCRCCaC(SFAJ,) State of Incorporation: Mr5$o ,ic Type (General Business, Professional, Service, Limited Liahiliqc): ION Project No. 18-1875-03 City of Fayetteville, AR, Broyles LS 00200-7 Bid. Form - DOCUMENT 00400 - BID FORM (continued) By: (Signature — attach evidence of authority to sign) Name (type or printed): t3C*$'1 ►-�1�ES Title: (CORPORATE SEAL) Attest: P r n K'neS (Signature of Corporate Secretary) Business address: Q.b • Bo' g 9 CSASwsLLc, r�O•Gs(s1 Phone No.:417-847lSS FAX No.: U/7- Sti7-- S-&11 END OF DOCUMENT 00400 RJN Project No. 18-1875-03 City of Fayetteville, AR, Broyles LS I p Bid Form 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 iC No. WL-15 Broyles Lift Station. Bidder certifies that all Subcontractors listed are eligible to perform the Work. List any subcontractors not described. 42 Subcontractor's Work Subcontractor's Name License No. Work. Comp. EMR % of Contract Value Excavation/Grading Concrete Painting/Coatings G van97 p/c� tUtjzoY/o 3. n/a Piping Electrical MCC D /oj 2 D �o Instrumentation Jac,p r lei 28 0/0 Piping H s 3.? ' Paving Landscaping NOTE: This form must be submitted in accordance with the Instructions to Bidders. VE►3 VAu [o_a�rr=/ Bidder's Signature END OF DOCUMENT 00430 RJN Project No. 18-1875-03 00430-1 List Of Subcontractorss City of Fayetteville, AR, Broyles LS 8 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 Equipment 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 of equipment. 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 fisted 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 I. 45 -hp Submersible Pumps 2. Surge Check Valves 3. PLC ® 4. Motor Controls 5. . Valves Manufacturer/Model f/yfr NP,3zoz Lf4;p.� StWL F/angst C,!)' 6f ,&vc fky///e f/iSS LAS?'/ De2ur/k PI4g 6. Antenna Tower /il CC 7. 8 9. END OF DOCUMENT 00450 I RJN Project No. 18-1875-03 00450-1 Equipment Questionnaire City of Fayetteville, Alt, Broyles LS RLF-52 (R-7/01) DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public D transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be J grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. AUTHORIZED REPRESENTATIVE COMPANY NAME: I ) VPIU�E75 cgsrE U -C SIGNATURE: DATE: 1j1710i Q I PRINTED NAME: i..Ar5S6Y EIJCS TITLE: 1 KC I R p. Page 2 of 2 RLF-96 (R-7/01) ,M MBE/WBE COMPLIANCE EVALUATION FORM SUPPLEMENTAL CONDITIONS OF THE REVOLVING LOAN FUND (Bid Package Documentation) Bidders are to complete this form and submit with the bid proposal. A condition for remaining in competition for award is the satisfactory completion of this form. The undersigned submits the following data with respect to the firm's efforts to meet the Arkansas Soil and Water Conservation Commission's goal for MBE/WBE participation. 1. Name of Project: Wastewater System Improvement Project ContractNo.: WL-15 e,.. , r 2. Name of General Contractor. 3eveIJ I/i1LL&'i5 COIJCaETE Lit. 3. MBE/WBE Frm: (Name) (Complete a separate form for each MBE/WBE to be used as a subcontractor) (Address) (City, State, Zip Code) (Phone Number) (Fax Number) 4. Describe Work to be performed by the MBE/WBE, provide dollar amount of the subcontract DOCUMENTATION OF AFFIRMATIVE STEPS TAKEN TO OBTAIN MBE/WBE PARTICIPATION. ( TO BE COMPLETED IF THE MBE/WBW GOALS ARE NOT OBTAINED) 5. Documentation that MBE/WBE quotes were solicited through direct mail and other advertising sources, documentation of follow-up action for firms not responding; and documentation of responses received (both positive and negative responses). THRe af-t-I Aot€A t .z c tv'EMT- 6. What sources were used to identify potential MBE/WBE firms. (Arkansas Highway and Transportation Department; Arkansas Industrial Development Commission's Minority Business Development Division; U.S. Small Business Administration; other sources, please specify and provide documentation) 7. Describe steps taken to divide work items into small tasks in an effort to maximize MBE/WBE participation S. List reasons for rejecting a MBE/WBE that indicated a desire to participate and/or submitted bids. The undersigned hereby certified, having provided responses or documentation to the questions in the foregoing affirmative steps taken to obtain MBE/WBE participation, that they are true and correct to the best of her/her knowledge, information and belief. Name of General Contractor: SCVeVF 5 Co*1CRErC, W. Signature: Y_ Title/Date: STATEMENT OF LEGAL ADVERTISING REMIT TO: SEVEN VALLEY'S CONSTRUCTION ARKANSAS DEMOCRAT -GAZETTE, INC P 0 BOX 88 P.O. BOX 2221 CASSVILLE MO 65625 LITTLE ROCK, AR 72203 ATTN: same DATE : 11/14/09 INVOICE #: 2489638 ACCT #: L5475454 P.O. #: COUNTY OF PULASKI, J $s. I, Elizabeth Myers do solemnly swear that I am the Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: broyles lift station pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. DATE' DAY. LINAGE RATE. DATE DAY LINAGE..RA'TE 11/14 Sat 43 1.25 TOTAL COST ----------------------- 53.75 il•4ng Ad #: 59085145 %III 110 pPS.Fah NOTARY p PUBLIC i BILLING QUESTIONS CALL 378-38t AD COPY act t ie .c,°, -,'t ys I /7 s �� Faye* r,//e 4 3So , 000 6/oq SKI con i acAeot fo SL Bry€o� Pea k'o(ye �•,��s,�fo,� feet*/ge 33 000Sn9/aee�: y 3 '//0 (/ene,-a( cont,-ac/op A!/+ia Wafei Tieu/.,,e„f!'/ainf Alm /flCE E 379, O Ii/o'' Su6cogf�Qofe.�,/OTL rBrysbn DOCUMENT 00410 - BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Seven Valleys Concrete, LLC PO Box 88 Cassville, MO 65625 as Principal, hereinafter called the Principal, and The Cincinnati Insurance Company PO Box 145496 Cincinnati, OH 45250 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Five Percent of the Amount Bid Dollars ($5% of bid amount ), 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 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 (generator supplied by the City). 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 coma of Broyles Avenue and Persimmon St, Fayetteville, AR. 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 RJN Project No.18-1875-03 00410.1 Bid Bond City of Fayetteville, AR, Broyles LS DOCUMENT 00410— BID BOND (continued) 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 fur 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 scaled this 19th day of November 20 09. PRINCIPAL (CORPORATE SEAL) Seven Vail s Concrete LLC By I�l�. Q�jo86'c CNfJ�S SURETY The Cincinnati suranncee Company By Dorena Wise ATT Y -IN -F CT (CORPORATE SEAL) Cr (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 RIN Projeet No.18-1875-03 City of Fayetteville, AR, Broyles LS 00410-2 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint • Michael Halter; Kevin Bruick; Charles Allen; Rolfe Kennedy; Sylvia A. Young; Dorena Wise and/or Carolyn Hunter of Little Rock, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7'" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10* day of October, 2008. �V Ica\tlw4 sy . THE CI I TI INSURANCE COMPANY 3 mRreRRt[ 2 C SEAL J STATE OF OHIO)ss: ---lbb���--- Vca Preside COUNTY OF BUTLER On this 10* day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.N.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still. in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this ��[.w /O1 day of N _ 1.,, a�q dT mRrown d SEALg oa[o' BN4005 (10/08) c'4 9- 09 &t4 ov4S Bond No. 60335960 DOCUMENT 00610 - PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that Seven Valleys Concrete, LLC PO Box 88 Cassville, MO 65625 as Principal, hereinafter called Contractor, and The Cincinnati Insurance Company Fairfield, OH as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Five Hundred Eighty Three Thousand as Obligee, hereinafter called Owner, in the amount of (Eight Hundred Ninty Seven and no1100ths Dollars ($ 583, 897.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated /A iC , 2009, entered into a contract with Owner for construction of the Broyles Lift Station, Contract No. WL-15, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 00610-WL-15 Performance Bond 00610-1 DOCUMENT 00610 — PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this JgJ?day of _'6 Qi ' ""� 20O. CONTRACTOR Seven Valle By nc Cote, LLC /7 e. .e -q; icr,7nr— 00610-WL-15 Performance Bond 00610-2 (CORPORATE SEAL) DOCUMENT 00610- PERFORMANCE BOND: (continued) SURETY State of Arkansas The Cincinnati In t7rance Company By Dorena Wise, Attorney -in -Fact ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Dorena Wise, Resident Agent Attorney for City of Fayetteville END OF DOCUMENT 00610 (CORPORATE SEAL) 00610-WL-15 Performance Bond 00610- 3 DOCUMENT 00611- LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Seven Valleys Concrete, LLC PO Box 88 Cassville, MO 65625 as Principal, hereinafter called Contractor, and The Cincinnati Insurance Company OH as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ( Five Hundred Eighty Three Thousand Eight Hundred Ninty-Seven and. naf 100tl Dollars ($_583.89700 1 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated - 2009, entered into a contract with Owner for construction of the Broyles Lift Station, Contract No. WL-15 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or 00611-WL-15 Labor & Mad Payment Bond 00611-I DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suitor action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were famished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this 00611-Wt.15 Labor & Marl Payment Bond 00611-2 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanicsliens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this J5MJ day of 2009. Seven Valle Concrete LLC By 1 SURETY The Cincinn - Insurance ComDany By Dorena Wise, Attorney -in -Fact (CORPORATE SEAL) State of Arkansas t VIA) f Dorena Wise Resident Agent 00611-WL-15 Labor & Matt Payment Bond 00611-3 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Attorney for City of Fayetteville END OF DOCUMENT 006] ] 00611-WI115 Labor & Mad Payment Bond 00611-4 (CORPORATE SEAL) Y THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Michael Halter; Kevin Bruick; Charles Allen; Rolfe Kennedy; Sylvia A. Young; Dorena Wise and/or Carolyn Hunter of Little Rock, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seat and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made tinder and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 71" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 1011 day of October, 2008. ,y 11pYr• �•' '•� THE CIcINbi4I INSURANCE COMPANY J mR1ex�TF 3 Vice Presn d SEAL t; — eMle /,'C�/ ider STATE OF OHIO ) ss: COUNTY OF BUTLER On this 10'" day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. •7L%L MARK J. H LLER, Attorney at Law 1' NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of v� ---c�.L q a�axloxsrz " SEAL V'Secretary Y - ' aN10 BN-1005 (10/08) ! , �lCflW f § 7 S ' ■2!E` _ CD f [ %\ - § (fl \ �� |� | q 3 ,■ o % | 0 221 - � - ■ | < - !a \ / �. 1 } k ! ��|� \ \ / ° - - - - - - - - - - §( : . / 9� 0 ,.nS 2■|\° $\ § k {\ (k - C 4'C t } a ! . o 2. ( k J 0 0 E�7i, 5 03 # ■ t / _ CD \•a° 0 03 2 z \ E22cow a 10 O. | , J ay9-o9 DOCUMENT 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that Seven Valleys Concrete, LLC PO Box 88 Cassville, MO 65625 as Principal, hereinafter called Contractor, and The Cincinnati Insurance Company Fairfield, OH as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bond No. B0335960 IIIIIHIIllIIIlll 11111 ff111 11111 Ilili III!! lilt! (III! ill! 11th 11111 II!I Jill Ill! Doc ID: 013288790008 Type: LIE Kind: PERFORMANCE BOND Recorded: 02/04/2010 at 11:36:55 AM' Fee Amt: $50.00 Page I of 8 washington County. AR Bette Stamps Circuit Clerk FileB029-00000811 Five Hundred Eighty Three Thousand as Obligee, hereinafter called Owner, in the amount of (Eight Hundred Ninty Seven and no1100ths ) Dollars ($_583897.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated 2009, entered into a contract with Owner for construction of the Broyles Lift Station, Contract No. WL-15, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 00610-WIr15 Performance Bond 00610-1 DOCUMENT 00610 — PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and scaled this 13 day of CONTRACTOR Seven Valle s ncrete LLC By' P.f r- 00610-WL-15 Performance Bond 00610-2 (CORPORATE SEAL) DOCUMENT 00610 — PERFORMANCE BOND: (continued) SURETY The Cincinnati Insurance Company By Dorena Wise, Attorney -in -Fact ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) V. State of Arkansas eil1 Dorena Wise, Resident Agent Attorney for City of Fayetteville END OF DOCUMENT 00610 00610-WL-15 Performance Bond 00610-3 (CORPORATE SEAL) V DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Seven Valleys Concrete, LLC PO Box 88 Cassville, MO 65625 as Principal, hereinafter called Contractor, and The Cincinnati Insurance Company Fairfield, OH as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ( Five Hundred Eighty Three Thousand Eight Hundred linty Seven and. an/ I 00t&Dollars (S_583.89700 1 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. / WHEREAS, Contractor has by written Agreement dated . 2 009, entered into a contract with Owner for construction of the Broyles Lift Station, Contract No. WL-15 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or 00611-WL-15 Labor & Matl Payment Bond 00611—I DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this 00611-WL-l5 Labor & Matl Payment Bond 00611-2 A, DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. . D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this day of ` 2009. CONTRACTOR Seven Valleys Concrete LLC By ana.ty A, 7 SURETY The Cincinnati Insurance Company By Dorena Wise, Attorney -in -Fact 00611-WL-15 Labor & Matl Payment Bond 00611-3 (CORPORATE SEAL) State of Arkansas Dorena Wise Resident Agent r DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Attorney for City of Fayetteville END OF DOCUMENT 00611 00611-WL-15 Labor & Mad Payment Bond 00611 -4 (CORPORATE SEAL) THE CINCINNATI INSURANCE COMPANY -%• '• Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Michael Halter; Kevin Bruick; Charles Allen; Rolfe Kennedy; Sylvia A. Young; Dorena Wise and/or Carolyn Hunter of Little Rock, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'^ day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby Fact of the Company to execute any and all bonds, policies, and Corporation, and may authorize any officer or any such Attorney without cause modify or revoke any such appointment or authority. Fact shall be binding upon the Company as if they had been duly officers of the Company." authorized, and empowered to appoint Attorneys-in- ertakings, or other like instruments on behalf of the in -Fact to affix the corporate seal; and may with or Any such writings so executed by such Attorneys -in - executed and acknowledged by the regularly elected This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7'" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10'" day of October, 2008. Yy 1Y4y THE Cl ' I ' TI INSURANCE COMPANY ,j mRIOR�iE 3 n osto /.r(r/• Vice Presiden STATE OF OHIO ) ss: COUNTY OF BUTLER On this 101h day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of x"11,1 WY iT WM10MTf 3 5'EAL ra BN-1005 (10/08) Secretary City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A- Mayor's Approval City Council Meeting Date Agenda Items Only David Jurgens Submitted By to Wastewater Sys Improv Project Division Action contract of the Broyles Avenue sewer pump station, WSIP Subproject WL-15. $ 7,871 $ 30,000 Cost of this request Category / Project Budget 4520.9530.5315.00 Account Number 02133.0700 Project Number Budgeted Item Attorney Utilities Department Wastewater Sys Improv Project Program Category / Project Name Water and Wastewater Funds Used to Date Program / Project Category Name 30,000 Water and Sewer Remaining Balance Budget Adjustment Attached Fund Name z0 Previous Ordinance or Resolution # 249-09 Date Date P c (�e\ l0 -2S-20 to Finance and Internal Services Director Date H /Q K/ -/0 Chief of Sta Date -- l�A ayor Date Original Contract Date: 12/15/2009 Original Contract Number: 2111 Received in City 10_25-10A09:23 RCVD Clerk's Office �) Received in Mayors Office la Revised January 15, 20Qa* CONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS To: Mayor Lioneld Jordan Thru: Don Man, Chief of Staff From: David Jurgens, Utilities Direc Fayetteville Water and Sewer Date: October 25, 2010 Subject: Change Order I to construction contract with Seven Valleys Concrete for $7,870.56, for construction of the Broyles Avenue sewer pump station, WSIP Subproject WL-15 RECOMMENDATION Staff recommends approval of Change Order 1 to the construction contract with Seven Valleys Concrete, for $7,870.56, for construction of the Broyles Avenue sewer pump station, WSIP Subproject WL-15. The Contract provides for the construction of a submersible pump type pump 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 pump station on Double Springs Road and the Hamestring pump station on Sunshine Road. This new pump station reduces the volume carried by the other two stations, extending their service life and reducing electrical costs. The project will be complete, except reestablishing grass cover, in November. This change order reconciles the contract to match actual quantities involved in the construction. It also involves several specific items: 1) modifies actual piping configurations to properly align with the incoming gravity sewer; and 2) adjusts the top of the pump station structure to best match the final grades at the site. RJN Engineers recommends approval of this change order. BUDGET IMPACT This change order increases the contract price by $7,870.56. A $30,000 contingency was approved with the contract; $22,129.44 will remained after Change Order 1. When the project is closed out, this balance will be returned to the WSIP project fund. WL-15 CO1 CCMemo Octt0.doc Change Order No. I Page 1 of l CONTRACT CHANGE ORDER Contract Schedule Section Date 7/1/2010 RLF Project No.: Owner Project No.: WL-15 Project Name: Broyles Road Lift Station Location: Fayetteville, Arkansas Owner: City of Fayetteville Contractor: Seven Valleys Concrete, LLC Address: 113 West Mountain Address: P.O.Box 88 Fayetteville, AR 72701 Cassville, MO 65625 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM # DESCRIPTION DECREASE INCREASE 1 Revise incoming sewer line to the wet well from 15" to 18" $2,617.17 2 Extend 18" incoming sewer line an extra 20 feet. $2,762.39 3 Raise top of structure to 1217.8 feet. $2,491.00 TOTAL DECREASE AMOUNT $0.00 TOTAL INCREASE AMOUNT $7,870.56 NET CHANGE ORDER $7,870.56 ENGINEERS FINAL CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT $583.897.00 ELIGIBLE AMOUNT Original Contract Amount Total Previous Change Order(s) $0_00 $0.00 Net Amount This Change Order 7 870.56 7 870.56 TOTAL CONTRACT AMOUNT TO DATE $591,767.56 $7.870.56 CHANGE TO CONTRACT COMPLETION DATE: Original Completion Date October 30, 2010 Previous Adjusted Completion Date (Increase)(Decrease) This Change Order No Change Calendar Days NEW CONTRACT COMPLETION DATE: October 30, 2010 RECOMMENDED: RJN GROUP Enfgii er BY: /h 4 Z /d G -t,. /o _/ Signature Title Date ACCEPTED: Seven Valleys Concrete, LLC Contractor BY: 2? . /. ____ Signature title Date APPROVED: City of Faetteville er BY: +� i ure tle Date Seven Valleys Concrete LLC P.O. Box 88 Cassville, Mo 65625 417-847-2355 office 417-847-5811 fax City of Fayetteville AR Broyles Road Lift Station Change Order # 1 Transition of 16" to 18 DIP 401 Lined per Drawing M.10 Change Order# 2 $ 2,617.17 To in 20 LF of 18" 401 DIP per Verbal Lynn Hyke and Shannon Jones Pipe to be Installed, BackFill with Class 67 Rock Removal Not Included $ 2,762.39 Seven Valleys Concrete LLC P.O. Box 88 Cassville, Mo 65625 417-847-2355 office 417-847-5811 fax Broyles Road Lift Station Shannon Jones Lynn Hyke Kevin White BID Raise Top of Structure Elevation From 1216.30 to 1217.80 We Propose to Thicken Wet Well and Valve Vault Lid with Additional 1 foot 6inches of Concrete Total $ 2,491.00 •1 2q -o, Bond # B0335960 WARRANTY BOND We, Seven Valleys Concrete, LLC , as principal ("Principal"), and Cincinnati Insurance Company as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayetteville, as Obligee ("Owner"), for the payment of Five hundred ninety-one thousand, seven hundred sixty-seven and 56/100 Dollars ($ 591,767.56 ), subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with Owner for Wastewater System Improvement Project — Broyles Lift Station dated December 15 , 200 _ (the "Contract"), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to Owner. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of the Contract Documents and General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein (the " Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) Owner shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. Warranty Bond.doc 1 FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either Owner or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, Owner and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations. Date of project final completion is November 1, 2010 The bond shall effective for a period of two years. Executed on the 15th day of December 20 10 (print) £1D%C-1 CNueS (Seal) Witness: AQw qC 6xcxes (print) hwo t.JwlpS Dorena Wise, Attorney-inrFact Cincinnati Insurance Company Surety (Seal) Warranty Dond.doc 2 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Michael Halter; Kevin Bruick; Charles Allen; Rolfe Kennedy; Sylvia A. Young; Dorena Wise; Carolyn Hunter; Connor Welch and/or Sherese D. Escovedo of Little Rock, Arkansas its true and lawful Attomy(s)-in-Fad to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 66 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact'of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10'" day of October, 2008. THE CINCINI5IAI INSURANCE COMPANY 3r �1ieM.iE � � SEAL .S oxio Vice Presider STATE OF OHIO ) ss: COUNTY OF BUTLER On this 10th day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. ,.•`� 1. %A! $F p ` MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO 333 7 O 000"'7 My commission has no expiration f OF date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this IS"- day of qrnQe& o2o to a�toxroiurz a � SEAL ,� aN10 BN-1005 (10/08)