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Ordinance 4745
ORDINANCE NO. 4745 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH MULTI-CRAFT CONTRACTORS, INC. IN THE AMOUNT OF $27,554.00 TO PROVIDE EMERGENCY REHABILITATION TO THE EFFLUENT FILTERING SYSTEM AT THE NOLAND WASTEWATER TREATMENT PLANT; APPROVING A CONTINGENCY IN THE AMOUNT OF $2,446.00; AND DECLARING AN EMERGENCY. WHEREAS, the effluent filtering process is an essential component to meet the effluent limits set forth in the City's current NPDES discharge permit; and, WHEREAS, two of the effluent filter cells have failed and must be repaired before rainfall increases in September, and; WHEREAS, Multi-Craft Contractors, Inc. is uniquely qualified, and prepared to conduct the required rehabilitation without delay. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and approves a contract with Multi-Craft Contractors, Inc. in the amount of $27,554.00 to provide emergency rehabilitation to the Effluent Filtering System at the Noland Wastewater Treatment Plant Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Contingency in the amount of $2,446.00. Section 3. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, hereby finds the immediate rehabilitation of the effluent filter cells to be necessary to preserve the health and safety of the citizens of Fayetteville, and because of such, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSE!T F` "' ' FPVED this16thday of August 2005. �•�� v• \SY •64;; P,P • G APPROVED: = U • ; FAYETTEVILLE ; �:• :, ? B s • ' KANS • J ��` DA COODY, Mayor ATTEST: By. /V S NDRA SMITH, City Clerk Emergency Effluent Filter Rehabilitation Noland Wastewater Plant Fayetteville, Arkansas CONTRACT EFFLUENT FILTER REPAIRS NOLAND WASTEWATER TREATMENT PLANT FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into the^ day of &o , 2005, by and between the City of Fayetteville, County of Washington, State of Arkansas, and Multi-Craft Contractors, Inc, Springdale, Arkansas, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the City of Fayetteville has waived competitive bidding for emergency repairs on technical equipment at the Noland Wastewater Treatment Plant in accordance with Arkansas Purchasing Law (19- 11 - 103), and has secured what is deemed a reasonable and competitive proposal for the rehabilitation of sever effluent filter cells in accordance with the Filter Cell Rebuild Requirements (attached) and the July 21 , 2005 proposal from Multi-Craff Contractors, Inc. (attached), all of said materials having been approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the non-competitive solicitation and negotiation, the Contractor is deemed to be a reasonable, responsible, competitive and qualified provider for the emergency construction of said Improvements; NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete the construction of: Rehabilitation of two (2) effluent filter cells at the Noland Wastewater Treatment Plant in accordance with the specifications titled "Filter Cell Rebuild Requirements" (pages 1 through 7) and Multi-Craft quote dated July 21 , 2005 in accordance with the proposal schedule, plan drawings, the contract documents including the project specifications, including all Work required for a complete and acceptable installation, for the lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being TWENTY SEVEN THOUSAND FIVE HUNDRED FIFTY FOUR AND 00/100 ($27,554.00), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor shall be required to furnish 100% Performance and Payments Bonds and a Certificate of Insurance prior to the issuance of a Notice to Proceed. The Bonds shall be written by an approved surety, the insurance certificate shall include: property, personal injury, workman compensation insurance coverage and general liability in statutory coverage amounts. The insurance certificate shall list the City of Fayetteville as an additional insured and as a certificate holder. Page 1 of 4 Emergency Effluent Filter Rehabilitation Noland Wastewater Plant Fayetteville, Arkansas The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within thirty (30) calendar days. Time of completion will be subject to discretion of the Wastewater Plant operations, as loading conditions or operational considerations may require staging, segmenting or delaying portions of the work. The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable atter completion of each unit, and in accordance with the bid Specifications, the City of Fayetteville will make payments to the Contractor for work performed , based upon the project manager's approval of work completed, said invoice being certified by the Contractor and accepted by the City of Fayetteville. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the City of Fayetteville until final completion and acceptance by the City of Fayetteville. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages City of Fayetteville would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage City of Fayetteville would sustain in related costs. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the City of Fayetteville or of the City of Fayetteville's employees, or by any other Contractor employed by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Project Manager shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Project Manager may decide. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Project Manager. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work atter ten ( 10) days written notice, given Contractor by the City of Fayetteville, then the Page 2 of 4 Emergency Effluent Filter Rehabilitation Noland Wastewater Plant Fayetteville, Arkansas City of Fayetteville shall have the option of 1 ) declaring this contract at an end, in which event the City of Fayetteville shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten ( 10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said City of Fayetteville may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by City of Fayetteville in 0 • tcompleting this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 'TheIcontractor shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub-subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub- subcontractors providing work on the project that states the following: "According to Arkansas Law, it is understood that no liens can be filed against public property if a valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with X f A u L ' The contractor shall have each subcontractor; sub-subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor, sub-subcontractor or material supplier. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A. 25- 19- 101 of. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance." Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of performance or nonperformance of the services or subject matter called for in this contract, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and seals, respectively. Multi-Craft Contractors, Inc City of Fayetteville, Arkansas Page 3 of 4 9' Emer ency Effluent Filter Rehabilitation land Wastewatr Plant Faye ille,4AZrnq�s By: By: Authorized Signat re ayor Dan Coody Witn s' vj� �City Clerk, Sondra Smith �„auunrr„ 'If corporation, secretary should attest. ;\i ••'�\TY p�•SG c ; FAYETTEVILLE ; _ '�. %9iP '9'Q Q5 •'��� % 'Y ' kANs • Jac End of Contract 110,0 C������ Page 4 of 4 PAYMENT AND TRAAIELERS CASUALTY AND SURETYROMPANY OF AMERICA PERFORMANCE Hartford , Connecticut 06183 BOND Bond No. : 103647891 KNOW ALL PERSONS BY THESE PRESENTS, That we, Multi-Craft Contractors, Inc. , as principal, (hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, as Obligee, in the sum of Twenty Seven Thousand Five Hundred Fifty Four and 00/100 Dollars ($27,554.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a Contract with Obligee dated August 23, 2005, to perform construction work for Rehabilitation two effluent filter cells at the Noland Wastewater Treatment Plant ("Contract"). NOW , THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the Construction Work to be performed under the Contract, and shall promptly make payment to Claimants, as hereinafter defined, for all labor and material actually used, consumed or incorporated in the performance of the Construction Work under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1 . Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost of completing the Construction Work exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond . If Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract. To the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond . The term "Contract balance" as used herein shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as Payment and Performance Bond - Page 1 of 3 used herein shall mean the providing of all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work, excluding warranty work. If the public works bond statutes in the location where the Construction Work is being performed contains a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material is actually used, consumed or incorporated in the performance of the Construction Work under the Contract. 7. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (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 bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or material supplied by Claimant which was actually used, consumed or incorporated in the performance of the Construction Work, and have execution thereon; provided , however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 8. No suit or action shall be commenced hereunder by any Claimant after the expiration of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made. 9. No suit or action shall be commenced hereunder by Obligee or any Claimant other than in a state court of competent jurisdiction in 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. 10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety may, at its option, discharge all obligations under this bond by interpleading into the registry of any court of competent jurisdiction of the full unused penal sum of this bond, or such portion thereof that will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford Payment and Performance Bond - Page 2 of 3 coverage for any liability of Principal for tortious acts, whether or nol said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 11 . This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 24th day of August, 2005. Multi-Craft Contractors, Inc. ®(Principal) By: -dad 7/ ! Travelers Casualty and Surety Company of America By: Warren T. Baldwin, Jr, Attorney-in-Fa t Payment and Performance Bond - Page 3 of 3 TRAVELER SUALTY AND SURETY COMPANY OFA CA TRAWERS CASUALTY AND SURETY COMPANYqW FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dana Carol Freeman, Tabatha Moody, Darby Barton, Bill Brookshire, Warren T. Baldwin, Jr., of Fayetteville, Arkansas, their true and lawful Attorey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Atlomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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I< 61 y W �Oj)�N � 67 yCN d(rltll4 � �'gSV7 ONY AP � Q2IOdIUVH 30 AiNf103 ANVdI1I03 A.L'IVf1SVJ NOIONIPEdva P30JI-mH 'SS{ ANVdWOJ )LI32If1S QNV AI'IVfISVJ SII3'I3AVIU VJII aHV 30 ANVd]NOJ AI3IIRS QNV AI'IVaSVJ SH3'I3AVHJ, .InOLLOHNN00 30 3IVIS SOOZ AInf go Cep rI1ZT srgl paxrgge oloxoq 3q Ol sleds alexodxoo xragl pue Iuapisa.ad a3lA 3OluaS xragl Xq pau2is N of luawwlsul sill PDSnV3 aneq ANWINOJ AI'IVIISVJ NO.L`JNIIAIIIVd PUe ANVdWOJ AMWIS QNV A.L'IVRSVJ SII3'I3AVHJ, `VJRI3IIIV 30 ANVdWOJ AJLaHf1S QNV AI'IVIISVJ SZI3'I3AVHL `3O3H9HM SSHNJIM M IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of July, 2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD _f'Y 9J,�lY ANpp O�SUq( Fi m },�pvaq, #/HA�m_Fo�t�.► �e a wwrroa�. _ '' q g 3� o BY George W. Thompson Senior Vice President On this 12th day of July, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swom, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof 6 Ter My commission expires June 30, 2006 NotaryPublic Marie C. Tetreault CERTIFICATE 11 the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hanford, State of Connecticut. Dated this .tet +kday of AtA4 vim+ , 20 05 O&S, �A6+ P+� bey . r� B y Nicholas Seminara Senior Vice President �i STPAUL �i TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26 , 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium . Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses . Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $ 100, 000 ,000, 000. 00 , provided that the insurer has met its deductible . Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted ). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium , and is no more than one percent of your premium . ILT- 1018 (9/04) Multi Craft Contractors, Inc 103647891 AC-08D.CERTIFICAT F LIABILITY INSURANC OP DATE(DDTY24 MULTI -2 pip 0 I'M,W 05 D PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rebsamen Ins/Springdale Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1465 E . Joyce Blvd, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville AR 72703 Phone:479-684-5250 Fax:479-684-5252 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: National Fire Insurance Multi -Craft Contractors, Inc. P. O. Box 1760 INSURER B: National Suret CO INSURER C: Transcontinental Ins Co 20486 2300 Lowell Rd. Springdale AR 72765-1760 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY) EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY TCP2072512957 09/01/04 09/01/05 PRIMISES(EaaccBr3 ) $ 50000 CLAIMS MADE FX1 OCCUR MED EXP(My me Person) $ 5000 X PERSONAL B ADV INJURY $1000000 Contractual Liab X $2,000 Ded /OCc GENERAL AGGREGATE $2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO 52000000 POLICY X JEC LOC Ben. 1000000 A AUTOMOBILE LIABILITY ANY AUTO BUA2072512960 09/01/04 09/01/05 COMBINED SINGLE LIMIT (Eaamdent) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $1000000 B OCCUR CLAIMS MADE XYM68937275 09/01/04 09/01/05 X AGGREGATE $ 1000000 $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYER$'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE WC2072512974 09/01/04 09/01/05 I TORYLIMITS X ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICERIMEMBER EXCLUDED? Il yes denbe under SPECsoIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1000000 OTHER A Installation TCP2072512957 09/01/04 09/01/05 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Installation $50,000 per job location/$10,000 in transit/$10,000 temporary site with $1,000 Ded **Certificate holder is listed as an additional insured as required by signed contract with the named insured. CERTIFICATE HOLDER CANCELLATION CIOFFAl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Fayetteville Building Safety D1V131On 113 West Mountain NOTICE TO THE C ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Fayettevile AR 72701 REPRESENTATIVES. A ED REPRESENTATIVE 4440 9 Z? ACORD 25 (2001108) �r!1101 CORPORATION 1988 City Council MeetingAugnt 16, 2005 �//d/dS q7yf� ( eVghd&i CITY COUNCIL AGENDA MEMO T To: Mayor and City Council Thru: Mayor Dan Coody From: David Jurgen, Interim Water/Wastewater Director (� Date: July 27, 2005 Subject: Bid waiver ordinance and a contract with Multi -Craft Contractors, Inc. for emergency repairs to the effluent filtering system at Noland Wastewater Plant. Fayetteville City Administration recommends approval of an authorization totaling $30,000.00, said amount including a contract with Multi -Craft Contractors, Inc. of Springdale, Arkansas in the amount of $27,554.00 plus a contingency in the amount of $2,446.00. The Noland Wastewater Treatment Plant includes ten effluent filter cells providing the final polishing of wastewater before release to the receiving streams. These units were constructed in 1988 and have been in constant service since said date. In 2003, seven of the units were rebuilt using capital improvement funds. In June 2005, two of the three remaining units failed beyond repair. The filtering process is an essential component of the wastewater plant, as filtration is necessary to meet the effluent limits set forth in the city's current NPDES discharge permit. It is vital that these units be operational before the rainfall increases in September. Under State of Arkansas Procurement Law, Section 19-11-203, the maintenance of technical equipment (such as wastewater treatment plant effluent filters) is exempted from competitive bidding. Furthermore, due to the specialized nature of the work, the interaction/coordination with delicate wastewater plant operations and the emergency nature of this need, the waiver of competitive bidding requirements is deemed to also meet the City of Fayeteville's criteria for waiver of bidding. The rehabilitation of the seven filter cells in 2003 was completed by Multi -Craft Contractors, Inc. using the specifications developed by OMI staff. The same set of specifications for the work, materials, schedules and constraints will be used for the rebuilding of these two filter cells. OMI has contacted Multi -Craft Contractors, Inc. to provide a proposal for the engineering filter rehabilitation and has negotiated a lump sum price of $27,554.00 for completion of the filter rehabilitation in accordance with the specifications. Considering the fact that the negotiated contract price transfers some risk to the contractor and the bid price includes 100% performance and payment bonds, it is deemed a reasonable and competitive proposal. The total completion time is predicted at 30 days, subject to plant flows and operator directions. The $27,554.00 expenditure for effluent filter rehabilitation shall be charged against project number 02069, Plant Pumps and Equipment, W. W.T.P, account number 5400.5800.5414.00. There is sufficient funding in this account to support this project, therefore no budget adjustment is necessary at this time. • ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC. IN THE AMOUNT OF $27,554.00 TO PROVIDE EMERGENCY REHABILITATION TO THE EFFLUENT FILTERING SYSTEM AT THE NOLAND WASTEWATER TREATMENT PLANT; APPROVING A CONTINGENCY IN THE AMOUNT OF $2,446.00; AND DECLARING AN EMERGENCY. WHEREAS, the effluent filtering process is an essential component to meet the effluent limits set forth in the City's current NPDES discharge permit; and, WHEREAS, two of the effluent filter cells have failed and must be repaired before rainfall increases in September, and; WHEREAS, Multi -Craft Contractors, Inc. is uniquely qualified, and prepared to conduct the required rehabilitation without delay. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and approves a contract with Multi -Craft Contractors, Inc. in the amount of $27,554.00 to provide emergency rehabilitation to the,fluent Filtering System at the Noland Wastewater Treatment Plant Section 2. That the City Council of the City of Fayetteville, Ark'a as hereb r approves a Contingency in the amount of $2,446.00. 10) Section 3. Emergency Clause. That the City Council of the Cit of Fay" tteville, Arlas, hereby finds the immediate rehabilitation of the effluent file,cells to be nee ssary to preserve a health and safety of the citizens of Fayetteville, and because of suchyy,, an emerg'enc��y/is h`ejjeby declar to exist and this ordinance shall be in full force -and effect from cfiate of its passage Arid approval. PASSED and ADPROVED tlilsl6th an B1 2005: DAN COODY, Mayor Emergency Effluent Filter RehOitation Nood Wastewater Plant Fayetteville, Arkansas CONTRACT EFFLUENT FILTER REPAIRS NOLAND WASTEWATER TREATMENT PLANT FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into the _ day of 2005, by and between the City of Fayetteville, County of Washington, State of Arkansas, and Multi -Craft Contractors, Inc, Springdale, Arkansas, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the City of Fayetteville has waived competitive bidding for emergency repairs on technical equipment at the Noland Wastewater Treatment Plant In accordance with Arkansas Purchasing Law (19-11-103), and has secured what is deemed a reasonable and competitive proposal for the rehabilitation of sever effluent filter cells in accordance with the Filter Cell Rebuild Requirements (attached) and the July 21, 2005 proposal from Multi -Craft Contractors, Inc. (attached), all of said materials having been approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the non-competitive solicitation and negotiation, the Contractor is deemed to be a reasonable, responsible, competitive and qualified provider for the emergency construction of said Improvements; NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete the construction of: Rehabilitation of two (2) effluent filter cells at the Noland Wastewater Treatment Plant in accordance with the specifications titled "Fitter Cell Rebuild Requirements" (pages 1 through 7) and Multi -Craft quote dated July 21, 2005 in accordance with the proposal schedule, plan drawings, the contract documents Including the project specifications, including all Work required for a complete and acceptable installation, for the lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being TWENTY SEVEN THOUSAND FIVE HUNDRED FIFTY FOUR AND OO/100 ($27,554.00), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor shall be required to furnish 100% Performance and Payments Bonds and a Certificate of Insurance prior to the issuance of a Notice to Proceed. The Bonds shall be written by an approved surety, the Insurance certi icate shall include: property, personal injury, workman compensation insurance coverage and general liability in statutory coverage amounts. The Insurance certificate shall list the City of Fayetteville as an additional insured and as a certificate holder. The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within thirty (30) calendar days. Time of completion will be subject to discretion of the Wastewater Plant operations, as loading conditions or operational considerations may require staging, segmenting or delaying portions of the work. The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the Page 1 of 3 Emergency Effluent Filter Rehatitation Nolt Wastewater Plant Fayetteville, Arkansas contract in accordance with the accepted Bid, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after completion of each unit, and in accordance with the bid Specifications, the City of Fayetteville will make payments to the Contractor for work performed , based upon the project manager's approval of work completed, said invoice being certified by the Contractor and accepted by the City of Fayetteville. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the City of Fayetteville until final completion and acceptance by the City of Fayetteville. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages City of Fayetteville would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage City of Fayetteville would sustain in related costs. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the City of Fayetteville or of the City of Fayetteville's employees, or by any other Contractor employed by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Project Manager shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Project Manager may decide. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Project Manager. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the City of Fayetteville, then the City of Fayetteville shall have the option of 1) declaring this contract at an end, in which event the City of Fayetteville shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said City of Fayetteville may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by City of Fayetteville in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. The contractor shall ensure that the City of Fayetteville receives lien waivers from all material Page 2 of 3 Emergency Effluent Filter RehPitation Nood Wastewater Plant Fayetteville, Arkansas suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub - subcontractors providing work on the project that states the following: "According to Arkansas Law, it is understood that no liens can be filed against public property if a valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with " The contractor shall have each subcontractor; sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor, sub - subcontractor or material supplier. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act If a Freedom of Information Act request is presented to the City of Fayetteville the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A. 25- 19-101 et. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance." Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of performance or nonperformance of the services or subject matter called for in this contract, provided that nothing herein shall be construed to after, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and seals, respectively. Multi -Craft Contractors, Inc By: Authorized Signature Witness' *If corporation, secretary should attest. End of Contract City of Fayetteville. Arkansas By: Mayor Dan Coody City Clerk, Sondra Smith Page 3 of 3 fBbM (FPMAL 22 2906 9*/ST. 9:23/IJo• Hr0193S2'1 F 6 Filter Cell Rebuild Requirements 1. Hardware and Materials specifications. A. All hardware shall be of high quality stainless steel 1. The all thread stud material shall be 5/8 -Inch by 11 stainless steel. a) The studs shall be out to size and a 5i6 -inch by IF stainless steel nut shall be welded to one end of the stud. 2. The nuts shall be 5/8 -inch by 11 stainless steel. 3. The flat washers shall be 518 -inch stainless steel. 4. If coupling nuts are required, they shall be 5/8 -inch by 11 stainless steel. B. The filter screen material shall be stainless steel and identical to the new installed filter screens. 1. The screen specifications shall be: a) 316 stainless steel, wire size .040, 40 mesh, 40 microns, crass -weave and Interwoven b) rho screen width shall be 60 inches wide and cut to size. The screen length shall be 16 feet long and cut to size. 2. Screen samples and current vendor information is available. 3. The selection of the filter screen material shall meet the approval of the owner's operations representative, C. The Rubber gasket material shall be neoprene. 1, The short neoprene rubber gasket shall be 5 feet long by 3,inches wide by 1/8 -inch thick. This is trimmed to size after installation. 2. The long neoprene rubber gaskets shall be 16 feet long by 3,inches wide by 1/8 -inch thick. This is trimmed to size after installation, D. The filter sand shall most the specifications of the owner's operations representative. 11. Remove the Filter from active service. A. Prepare filter for out of service status. 1. Contact the Operator on Duty. 2. Place the Filter out of service. 0721/05 3:20 PM Fite. F.cerve%yub\F11rers200Mi1rer Rebuild Requirements, doc 1 of 7 ze 30vd Iwo ET95E7v6L6 U:ST 9©6Z./TLlL13 20fd (fFU.IUL %2 20:!5 �i@iST. 9:23ii o. 880838271 F 3. Place Inlet valve control switch to the "Closed" position. d) The inlet valve control switch is a "Closed-Open-Auto"switch located on the top panel of the control cabinet for the selected filter, 4. Backwash the filter 2 to 3 times. a) The backwash will clean the filter equipment and sand before beginning work on the filter. Coordinate this with the Operator on duty. 5. Verify that the Mud Trough valves are closed. a) Visually check that the valves have rotated closed. Look down the channel. B. Deactivate the solenoid control valves air supply. 1. Turn off the air supply. a) The air supply valve located in lower cabinet on the side of filter's control valves. III. Disassembly A. Remove the center Air pipe assembly, 1. Disconnect the union on the vertical seotlon of the pipe, 2. Remove the air pipe cross supports. 3. Remove the air pipe as one assembly. 4. Store air pipe in a safe location to minimize chance of damage. B. Remove the splash panels on each side of the channels. 1. Loosen the securing bolts on the bottom of the horizontal mounting tubes attached below the channel. 2, Slide the splash plates out of the mounting tubes. a) At times this requires a pry bar, hammer and dive dowel. C. Remove all of the old sand. 1. Remove the old sand from the filter cell. a) AN of the sand shall be removed during the disassembly and repair process. The major amount of sand shall be removed before the support SINCllrres and filter grates are removed, D. Remove l•booms that are securing the filter grates. 1. Remove the nut and washer on the I-beam support studs. a) The nuts and washers snail be carefully removed from the 1, beam support studs, The studs shall be reconditioned and reused. 0721105 7:20 PAS Fite: Fservt?VubVilrers200MU1er Rebuild Requirements, doe 2 of 7 E0 39Cd Iwo EISSEb46ih £Z:ST. GWITZli0 FROM (FRI)AIL 22 2005 9: ST. 9:23/No.6S0o936271 P S b) If the nut is jammed or frozen on the stud, the stud shall be out with a saw to facilitate removal of the I-beam. (1) A new stainless steel all thread stud shall be fabricated and reinstalled during the rebuild and repair process 2. Remove the I-beam, a) Caution shah be exercised during the I-beam removal process to limit stud thread damage. E. Remove the screen hold•down grates, 1. Remove the screen hold-down grates from the screen area. 2. Clean any sand from the grid openings of the grate. F. Remove the filter screen hold-down bars. 1. Remove the securing hardware bolts on the short angle iron screen hold down bars. a) The old rusted Iron nuts shall be removed in order to extract the securatg bolts. (1) It may be necessary to cut the securing bolt tot the removal. b) Replace the securing bolt with a new stainless steel an thread securing bolt and place one stainless steel nut above and one below the securing brace cUp. G. Remove old screen and rubber gasket material, 1. Pull up the old screen and remove the old fitter gasket material_ a) Dispose of the gasket material on the screen and frame. b) Roll up the old screen and save it as a pattern for the new screen. The new screen shall be out to size, IV- Rebuild and Repair A. Recondition the all -thread studs that hold down the 1-beems, 1. The old rusted Iron nut or remaining residue shall be removed from the all -thread stainless steel I-beam mounting stud, 2. The threads shall be cleaned and restored to proper condition. a) Use a wire brush on the threads to remove any debits, b) Recondition the threads using a 518 -inch by 11 die. Run this die all the way to the bottom of the stud. 3. The I-beam hold down stud's physical mounting shall be inspected. QMIN5 3:20PM Filer Fae"&pub\,Fiiters200AFilterRebuild Requiremenrr.de6 34O v0 30VJ TWO ET99Ebb6Ch EZ:ST S@BZ/TZ,/GB FFOid (FRI)!UL 22 2D0 2713?, 9:23'/Nc.5'U693>'271 ') 9 a) Extremely loose studs shall be secured with the use of grouting or epoxy based War after the stud is secured with the new stainless steel washer and nut assembly. 4. The I-beam hold down stud shall be replaced if required. a) Remove the loose or damaged stud by chipping out the concrete grout under the securing metal clip imbodded into the concrete support. b) Lean excess concrete or grout from under the clip to allow the installation of s new stud with a stainless steel nut welded to bottom end. c) Place the welded nut end of the stud under the metal clip d) On the installed stud, place a new stainless steel washer on the stud and run a new stainless steel nut to the bottom of the stud and secure stud to the metal clip imbedded into the concrete support. s) Grout or epoxy, based filler shall be used to fill the void under the metal clip to secure the stud. 5. Install stainless steel washer and stainless steel nut. a,) Place a new stainless steel washer on the stud and run the new stainless steel nut to the bottom of the stud and secure stud to the metal clips imbedded into the concrete support. B. The water director screen sub panels shall be Inspected and repair as needed. 1. Cracks and damage to the water director screen sub panels shall be repaired as required. a) rho use of correct adhesive and stainless steel hardware shall be required. V. Assembly Q. Clean the screen base frame. 1. All sand and debris shall be removed from the screen frame and surrounding areas. B. Install the neoprene rubber gasket material. 1, The new rubber neoprene rubber gaskets shall be trimmed to size after the installation of the filter screen and hold down brace and hardware. C. Install the screen. 1. The new screen shall be cut to size based upon the old screen that was removed from the specific screen area. 07,21/05 3:26PM Flit: FserverpublFilter;20031E;lterRebuild Requirernenrs.doc 4of7 so 3Sdd IWo E199E776L7 EL:51 968LiTZ(C0 FROH (FR.0JUL 2? 2005 9 i. 9:23iNo.6800938271 F In 2. The new screen shall be rolled out over the gasket material and smoothed flat. 3. The long angle iron screen hold-down braces shall be placed on each long side of the screen. a) Caution shall be used to make sure that the screen, gasket, and hold-down brace are over the angle iron base frame secured In the concrete supports. 4. The short angle iron screen hold-down braces shall be installed at each short end of the screen. a) The short brace shall be inserted under the hold�down brace clips and secure the long angle iron holdsdown braces. b) install the securing bolt and nut through the hole in the hold down brace clips. (1) The top nut shall be tightened against the bottom nut to secure the bolt after the bolt has secured the short angle iron filter hold-down brace, D. Install the screen grates. 1. The screen grates shag be reinstalled upon the screens in the proper position. E. Install the 1 -beams. 1. The I -beams shall be installed over the hold-down studs and on the tops of the screen grates. a) The long screen hold-down angle iron braces shall be aligned as needed to insure that the i-beam's securing tabs make sufficient contact. 2. A new stainless washer and new stainless steel nut shall be used to secure the I-beam to the hold-down studs. a) The tightening process shall altemate from one end of the 1, beam to the other and of the I-beam until the assembly is evenly secured. b) The installation shall be inspected and readjusted as needed to properly secure the screen grates and long angle iron screen hold-down braces. F, All Instaflatlon shelf be Inspected. 1. All hardware Installation shall be inspected and adjusted as needed. s) All nuts shaft be checked for proper tightness. b) Any hardware or equipment found loose or found defective shall be adjusted, repaired, or replaced. 07r21l05 3:20 PM File: Fserverkpub%Fi1ters200AFi ter Rebuild Requirements.doc 5 of 7 90 39Vd Iwo ET99Eh76L6 EZ:91 9006/T2/L0 FROM . ;FRi)JUL ?7 2005 ?(/ST 9:23iiJo. G. New sand shall be placed in the filter. 1. New sand shall be placed in the filter and leveled smooth. H. The protective splash plates shall be reinstalled. 1. The mounting tubes attached under the channel shall be cleaned before the plates are installed. This procedure will facilitate the installation process, 2. Insert the splash plates into the mounting tubes. L Install the center air pipe assembly. 1. The center air pipe shall be lowered into the filter cell. e) The air pipe shall be secured using plastic pipe supports between the channels. (1) The support pipes shall be wedged between the channel and the splash plates. b) The center air pipe is attached to the support pipes using large tie wraps. 2. Attach the union fitting on the vertical air pipe. VI. Place Filter in service A. Notify the Operator on duty. 1. The Operator on duty shall be present during this process. B. Activate the solenoid control valves air supply. 1. Turn on the air supply. a) The air supply valve located in lower cabinet on the side of filter's control valves. C. Confirm that the inlet valve shall remain closed during backwash. 1. Place Inlet valve control switch to the "Closed" position. a) The inlet valve control switch is a "Closed-Opon-Auto" switch located on the top panel of the control cabinet for the selected filter, D. Initiate two to three backwash sequences an required. 1. The new filter shall have two or three backwash sequences preformed to clean the dust from the new sand. E. Open inlet valve and place filter cell In service. 07!21/05 ?:20PM I. Place Inlet valve control switch to the "Auto" position. File: Fservsr�pub\Fitters200AFilterRebuild Regwiraments.doc 6 or 7 Le 39vd Iwo E199£bb60 EZ:ST GOWTV/ Cl FRpp•+, • (FRlIJUL 22 2O5 9 3T. 9: 23,'►1o.H0c?3F271 F 2 a) The inlet valve control switch is a "Closed•Open-Auto" switch located on the top panel of the control cabinet for the selected filter. 0721/033:20PM File., FremerNpubTilters700MitrerRtbuildRequirunenrr.dpc 7of7 80 39ad IWO ET9SEVKLv EZ:9i 500UTZ/L0 • City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 16 -Aug -05 City Council Meeting Date David Jurgens Water/Wastewater Water/Wastewater Submitted By Division Department Action Required: Passage of an ordinance approving a bid waiver for a contract and approving the contract with Multi -Craft Contractors, Inc. for the emergency repairs of the effluent filtering system at the Noland Wastewater Treatment Plant, and declaring an emergency. Contract value is $27,554.00, contigency amount is $2,446.00, resulting in the total requested amount of $30,000. Funds are available in Fiscal Year 2005 budget. $30,000.00 Cost of this request 5400-5800-5414.00 Account Number Project Number Budgeted Item 0 $ 254,607.00 Category/Project Budget $ �3 a 6s�sse Funds Used to Date $ (9St��lto� ( Q j 4,299,655..89 Remaining Balance Budget Adjustment Attached Water and Wastewater Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name IPrevious Ordinance or Resolution # �d 1'ul OS Depart n Dire or Date Original Contract Date: Original Contract Number: City Attomey /�� - Received in City Clerk's Office �%A�941=9 V Finanle 7andnternal Service Directoy ate Received in Mayor's Office BItFAED / 0 Mayor ate pnl From: Clarice Pearman To: Jurgens, David Subject: Ord. 4745 David, Please see that I get a signed agreement with Multi -Craft Contractors to continue processing the bid waiver passed by the City Council on August 16, 2005. Thanks. Clarice From: Clarice Pearman To: Jurgens, David Date: 8/30/05 11:20AM Subject: Ord4745 David, Attached is a copy of the resolution passed by City Council August 16, 2005 regarding Multi -Craft Contractors. Thanks for your help with the contract. Clarice CC: Deaton, Vicki „Nor duvest Ark*q""j, most Widely Read MeUMP111per if AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: 7 5� was inserted in the regular editions on Rit dt, c, PO# ** Publication Charge: $ ///� (O() Subscribed and _swom to before me day of Notary Public Sharlene D. Williams Notary Public My Commission Egi of Arkansas My Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED AUG 2 9 2005 CITY OF FAYETTEVILLE CIT! CLERICS OFFICE 2005. ORDINANCE NO. 4740 AN ORDINANCE WAIVING THE REQUIREMENTS OFTaye"e(vgle FORMAL ACT WI TH MU BIDDING AND APPROVNGA CONTRACT WITH MULF $27AiT CONTRACTORS,INC. IN THE AMOUM OF $2],554.00 TO PRON0E EMERGENCY REHABILITATION TO THE EFFLUENT RETIRING SYSTEM AT TIE .11 WASTEWATER TREATMENT PLANT; APPROVING A CONTINGENCY IN THE AMOUNT OF $2,448.00; AND DECLARING AN EMERGENCY. WNEREAE, ITN eflhferit Oter ng process Is an esserrtial omporlent to meet the of uent Imts set forth in the Cltya current NPDES *$charge permit; and, WNEREAO, two of the effluent filter cells have failed and must be mpalred before rental Increases n September, and; WHERE L% Mufti -Craft Contractors, Inc. Is uNquety quaaaed, and prepared to conduct are requve t reha iblabon wttlput cosy. NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF TIRE CRY OF sAre77EWLIA, ARKANSAS: Section 1. That the City Cauca of Me City of Fayefte.Oe, Arkansas hereby lines that such cbcun- stances arieUMe an exceptional siambon wiles COrtpeatee bl0dng b rot IBLSmIe a Pru:tical, and waNea the requeements of formal conectetiWa bidomg and appwes a contract w r m',a ft Contrsctors. Inc. n ft amaaa of $2],554Ab to proAde arnergency rehabilitation to Me Effluent Filtering System at the NolarM Wastewater Treaenerit Plant Section 2. That the GN Council of Ma City of Fayetterife, Arkansas hereby approves a Contingency in the amount of $2,448.00. secllo3. Emergency Clause. That the City Council of the City of FayebeWtle, Arkansas, hereby fi cis the unmedlete rehetiOUtbn of the effluent fitter cells to be necessary to preserve are heel and safety of Me citizens of FayettaafAe, and because of such, an WWgWW is hereby declared to exist end atls Ordi- no ce slue be in hA force and effect from that date ef ft passage and steps". PASSED Nab APPROVED M1 SM day Of August 2005. APPROVED. BY: DAN COOD7, wi o {i ATTEST: P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 From The Desk of Pat Peachey, CIr Transmittal To: City of Fayetteville Date: August 30, 2005 Re: Noland WWTP Repair of Effluent Filters Enclosed please find the Performance/Payment bond for the above referenced project. The contract was hand -carried in, signed and delivered back to the City previously. I'm sorry; I do not recall who that person was. As of today, we still have not received a fully executed copy of that contract. Please let us know when we might expect to receive it. Thank you.