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HomeMy WebLinkAbout31-99 RESOLUTIONRESOLUTION NO. 31- 9 9 A RESOLUTION AWARDING BID NO. 99-18, IN THE AMOUNT OF $708,000, TO TROJAN TECHNOLOGIES, INC., FOR THE PURCHASE OF ULTRA -VIOLET DISINFECTION EQUIPMENT FOR THE WASTEWATER TREATMENT FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1 That the City Council hereby awards Bid No. 99-18, in the amount of $708,000, to Trojan Technologies, Inc., for the purchase of ultra -violet disinfection equipment for the wastewater treatment facility. A copy of the bid tabulation is attached hereto marked Exhibit "A" and made a part hereof. ?A$$ED AND APPROVED this 1ft day of Fehruary , 1999. Vel i ,` / APPROVE, • /%�URr�'• ` `` By. `,- • • • , Fred Hanna, Mayor e 1 -�• �'\\ . ATTEST: ' B Heather Woodruff, City Cle 6A yvnd apA d c 1 H331 NVfOHl VOVNVD NOSHVO NOOIV0 0 N V CO o u CO N o co o 0 o p o O 00'9Z9'OSLS elewelle 0 H 0 W Ra mm O pN p I co rnm3 m' 1 0 m 0 < m — 33 m m y' m DESCRIPTION: ULTRA VIOLET DISINFECTANT SYSTEM FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Billy Ammons, Waste Water Treatment Plant From: Heather Woodruff, City Clerk Date: February 22, 1999 Attached is a copy of the resolution awarding Bid No 99-18 to Trojan Technologies for the UV - Disinfection equipment. The original will be microfilmed and filed with the City clerk. Cc. Yoland Fields, Internal Auditor THE AMERICAN INSTITU IT OF ARCHITECTS BOND No. TO -05-3n-54-2 vl Eta. IA)l end 31-99 MICROFILMED AIA Oocumer 1 A372 Performance Bond Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): TROJAN TECHNOLOGIES INC. 3020 GORE ROAD LONDON, ONTARIO N5V 417 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MR)UNTAIN FAYEITEVILLE, AR 72701 UNITED STATES CONSTRUCTION CONTRACT Date: 17TH. FEBRYARY. 1999 Amount: 3708, 000.00 Description (Name and Location): SONO Date (Not earlier than Construction Contract Date) Amount: Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: TROJAN TECHNOLOGIES 114 Signature: . and] Tit: :MONIQgE LECONTE. CONTROLLER (Corporate Seal) (Any additional sipnaturet appear on page 3) S'JRETY (Name and Principal Place of Business): INDEMNITY INSURANCE COMPANY OF NORTH PMIERRICA (FOR INFORMATION UNLY—Name. Address and Te/E AGENT or bI OKEP.: 26TH, FEBRUARY 1999 jt] None 0 See Pave .'• SURETY Company: IWDEMNITY I AHERICA Signature: Name and Tj phone! (Corporate Seal) URAi(CE 7PASCET NOW,. Tea I i 2sr� 1 V f l (CSO � stir OWNER'S REPRESENTATIVE (Architect. Engineer or other party): MA DOCUMENT Ant • PIUOAMANCE SONO AND PAYMENT SONO • 1 (CIMWI 171 ED. NA a nit A1Ea1UN INSTITUTT OF ARCHITECTS. 17)5 NEW TOOK AV*.. N.W. WASHINGTON. D.C. 2001 IMMAO TIWITINC • MAACM IMr A312-1954 1 C. • • KATIE BERVOETS �• Accounts Receivable Administrator TNJffin Technologies Inc. UV Disinfection Systems 3020 Gore Road London, Ontario Canada N5V 4T7 Tel. —Fax. (5t9) 457-3030 e-mail:.kbennroets@trotawip Internet httpa/www.tr`ojanw.co Aft C• c, o:- (- • tl`l,= • 1 The Contractor and the Surety. jointly and severally. bind themselves, their. heirs. executors. administrators. successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to paniclpate in conlerences as provided in Subparagraph 31 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise alter: 3.1 The Owner has notified she Contractor and the Surely al its address described In Paragraph M below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not Tater than fifteen days alter receipt of such notice to.discuss methods of performing the Construe. tion Contract- If the Owner. the Contractor and the Surety agree. the Contractor shall be allowed a reason• able time to perform the Construction Contract. but such an agreement shall not waive the Owners right. it any, subsequently to declare a Contractor Deiautt; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right in complete the contract. Such Contractor Default shall not be de• Glared earlier than twenty days alter the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance wilh the terns of the Construction Contract or to a contractor selected to perform the Constructlon Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3. the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 1.1 Arrange for the Contractor. with consent ni the Owner. to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself. through is agents nr through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion 04 the Con- struction Contract. arrange for a contract to be pre- pared Inn execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with perierl.I ace and payment bonds executed by a qualified surety equivalent to the bonds issued On the Construction Contract. and pay to the Owner the amount of damages as described in Paragraph 6 in ex• cess oI the Balance OI the Contras Price Incurred by the Owner resulting from the Contractor's delimit: or 4.4 Waive its right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the Circumstances .1 Aller investigation. determine the amount for which it may be rate to the Owner and. as soon as practicable alter the amount is deter- mined. tender payment therefor to the Owner; Or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 11 the Surety does not proceedas,provided in Paragraph a with reasonable promptness. the Surety shall be deemed I be in default on this Bondflheendays after receipt of an . dditional written notice from the Owner to the Surety •lemandtng that the Surety perform In obligations under this Bond. and the Owner shall be entitled to enforce any Prov d tt n laSubparagraph blethe Owner. 11 the Surety proceeds as M, and the Owner refuses the payment tendered or the Surety has denied liability. in vhole or in part, without further notice the Owner shall be ••nttded to enforce any remedy available to the Owner. Alar the Owner has terminated the Contractor's right o complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1. 4.2. or 4.3 above. then the responsibilities of the -Satiety to the Owner shall not be greater than thou of the Contractor under the Construction Contract. and. the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond. but object to commitment by the Owner of the Balance of the Contract Pnce 10 mitigation of costs and damages on the Construction Contract. the Sure- ly Is obligated without duplication f0r: 1.1 The responsibilities of the Contractor for correc- tion of defective work and completion oi the Conslruc- tioo Contract. 6.2 Additional legal. design professional and delay costs resulting from the Contractor's Default. and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages. or it no liquidated damages are specified in the Construction Contract. actual dam- ages caused by delayed performance or non -pear - mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract. and the Balance of the Contract Pnce shall not be reduced or set off on account of any such unrelated obligations.. No right of action shall accrue on this Bond to any person or entity other than the Owner or in heirs. executors. administrators or successors. I The Surety hereby waives nonce of any change. includ. mg changes of time. to the Construction Contract or to related subcontracts. purchase orders and other obliga- tions. Any proceeding, legal or equitaele. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or pan of the work is located and shall be instituted within two years alta Contractor Oefwlt or within two year alter the Contractor ceased working or within two years after the Surety refuses or tails to perform its obligations under this Bond. whichever oc- curs first. if the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation avail - Ant DOcuater T ASR • RlwOILHANGi SONO AND IATMINT aQNo • t ICIMMI ISM 10. • rot a Tit AM/RICAN INSTITUTI Of ARCHITECTS. ITIS Naw YORK AVI.. N w. WASHINGTON. D.C. NOM mini) PRINTING • MARCN INP A312•19114 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable_ 10 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered -to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is That this Bond shall he construed as a statutory bond and not as a common law bond. 12 DEffNITIONS 12.1 Balance of the Contact Price: The total amount payable by the Owner • to the Contractor under the Construction Contract alter all proper adjustments have been made, Including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by Me Owner In settlement of Insurance or other claims for damages to whkh.s6e Contractor is entitled, t duced by all valid and proper payments made to or on behalf of the Contractor under she Construction Con- tract. 122. Construction Contract: Th: ag: c anent between the Owner and the Contractor.identlfied on the sig- nature page. including 311 Contract Documents and changes thereto. 123 Contractor Default: Failurebf the Contractor. which has neither been remedied nor waived, to pen form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nos waived. to pay the Con- tractor as required by the Conuruction Contract or to perform and complete or comply with the other terms thereof. !Space is provided below 1or additional signatures of addeI panics. other than those appearing on the cover page.I CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sealt Company: Signature: Signature• Name and Title: Name and Ti Address: Address: (Corporate Seal) Pius(' a P -4-T T s4Atious.U/ n C • MA OOCUMOO Bal( • FOUO*MANCt BOND AND ►AYMINT ICAO - OICLMIIR NN (). • AIA • tHl AAURICAN INSTRUTt OF A*CHnKTs. Int NM TORE AVF.. N.Y' , WASHINGTON. D.C. 10006 (MOD HINTING • MA*CN 1147 A312.19114 3 Power of Attorney INDEMNITY INSURANCE COMPANY OF NORTH AMERICA 801567 CIGNA Know all men by these presents: That LNDEMMNITY INSURANCE COMPANY OF NORTH AMERICA , a corporation of the Commonwealth of Pennsylvania , having its principal office in the City of Philadelphia , Pennsylvania , pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 5, 1983, to wit: -RESOLVED. That patent m Articles 3.11 W 3.1 of the By -Lan the falbvina Rules shall govern the manioc for the Company of beech, undnkinp, romp,rnca commas and Otho anuop in the uvrt That dx President any Senior Via Resident any Vice President and Assistant Via President a any Ata.er-in-Fag may a.mu foe and on behalf of Io Company any and JI borer, uedeukinp, remptiaxe, mases and other =Map in the nature thereof. the same m be sated when actuary by the Cements Santry, or any Assistant Cayce= Secretary, and the is of the Company Jfued thereto, and tbu tee Resident any Swim Vim Reseent any Vim Resident or any Assistant Vim Resident may wpoi t and authaia any mho Officer (elected or appointed) of the Company, ant Aamoer -b-F.m ono aeon or .met to the Rama of ei such 'triunes on behalf of the Company and m atria the sal of the Company thereto. Any such writing wooed in aosdaen with these Rules shall he es binding upon the Company in any an as though misted by the President and ousted to by the Cce arae Savoy. The signature of the President or . Sauer Vice Resident es.Vine Rodent or an Assistant Vim Resetm and the sal ofths Company may be affixed by facsimile on any f attorney granted whit Resolution, and the Npaan of. certifying Offica and the sal of tae Company may be affixed by facsimile m any certificate of any such =wets and y surd Powe 1010 baring each faalml. aigmaoe and sal mull be nae and binding on the Company. Ssch odes Office of the Company, and AmmmeyNa set shall has utbary to Ratify es verify copies of this Resolution, the By -taws of the Company, and any affidavit o nod of die Company nary to the dxdrge of their dude The passage of this Raohnioc doe m revoke any who utism rued by Rmlutim of the Beard of Directors adopted m lune 9, 1953, May 21, 1975, and Manch 23, 1971. does hereby nominate, constitute and appoint 1. ROBERT BLAND of the City of Bella Vista, State of Arkansas , each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and decd any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding One Million Dollars (51,000,000) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and ackowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said William Jungreis , Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 2lst day of September 1998 . INDEMNITY INSURANCE COMPANY OF NORTH AMERICA O a N Y H ' C to N '� C. le as OO d >I CIS C-13 7 C 13 O ta) � O �O m yC03f~0 coca rn" O C • E« O •-2TIl9 O > N I O � Zo•I William Jungreis Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On This 21st day of September , A.D. 1998 , before me, a Nottaaryty Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came William Jungreis , Vice -President of the LNDEMMT'Y INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding inshument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corpormion, and that Resolution, adopted by the Board of Dissectors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. 40e.ren"1 I krzir •••• 0 aGr Of •_ • „. t sy •��a a k 0 ;c v4RY P3 '• 4ttain mains' PCTARIAL SEAL DEBRA M. MARANO, Rotary Pada city of ats1otipma, Mge. County My CCOMISSan Wins Dae 20,1999 Notary Public t, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in MI force and effect. In witness whereof, I have hereunto subscribed my name as Secretary, and affeced the corporate seal of the Corporation, this _ day of Debra H. Paziora, Secret THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER September 21, 2000. NOT VALID UNLESS PRINTED ON TEAL BACKGROUND BS -38449d (NI; on ! c, co / CD! en j za 3.1 aTa 0 CI Deed -Solari beetination Dimensions cm L x W x H Dimensions cm L x L x H' " 5 -c. d`|. k \ \ t. \ !° . - c0n'r ° : \ ^ ` sib\\ * 7 i! / ) CURRENCY CODE CODE DE DEVISE '= , 0 0.6 ) )§ /: Er 4 / § # el aa \\�\ �\ w 0< e), DODO o (Receiver) / Destinataire rece.tion - 54 v % 75 GN )� 0 D. w A 0i rtg 1 • • • STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 16, 1999 UV DISINFECTION /.CI 2eb 3/-99 MTcit Dt'TT.MFD FROM: Billy L Ammons Nurse WWTP Public Works Division Deputment ACTION REQUIRED: Approval of a resolution awarding bid number 99-18 to the selected bidder, who will be determined after the hid opening on February 5, 1999, for the ultraviolet disinfection system for the Paul R. Noland wutewater treatment facility. (Recommendation memo to follow ASAP) COST TO CITY: Estimated 5800,000.00 Cost of this Request 5400.5800.5801.00 Account Number 51,100,000.00 UV Disinfection System Category/Project Budget 0 Category/Project Name WWTP Captial Funds Used To Date Program Name 99035.01 $1,100,000.00 Water & Sewer Project Number Remaining Balance Fund BUDGET REVIEW X Budgeted Item Att. b4 Fa a e.a know oeS tr dget Coordinator Aast 0.-tha r-Ua aA4N". Ler) Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting Manager City Attorney Purchasing Officer GRANTING AGENCY: Date Internal Auditor Date Date ADA Coordinator Date Date STAFF RECOMMENDATION: To approve award of bid 99-18 to selected bidder, after bid opening on February 5, 1999. Division (lead Dae Cross Referentt Department Director Date New Item: Yea No Administrative Services Director Date Prev Ord/Res if: Mayor Date Orig Contract Date: D \DATA\W F-DATA\ACENDA FRM • . (JV DISINFECTION , I.C.2 OM1 .104000* Memorandum To: Mayor Hanna and Fayetteville City Council Members Thru: Charles Venable, Public Works Director From: Billy L. Ammons (PCP) Project Manager Paul Hawkins (PCP) Maintenance Manager Date: January 28, 1999 Re: Bid Recommendation for Bid # 99-18 Bid # 99-18 deals with the purchase ofa new ultraviolet disinfection (UV) system for the wastewater treatment facility (WWTF). This system is intended to replace the existing use of chlorine for disinfection and sulfur dioxide to remove leftover chlorine. (Disinfection of the treated WWTF effluent is necessary to prevent the possible spread of waterborne disease -causing bacteria, and the City is very closely regulated on this procedure) Chlorine is a very effective disinfectant and has been used at the WWTF for several decades without major difficulty. Due to the highly hazardous nature of both chlorine and sulfur dioxide, however, there have always been significant concerns for the safety of neighboring residents during transport to the WWTF, workers at the WWTF during tank changeover, and the environment if excess chlorine is discharged to the receiving streams. Recent advances in UV technology have allowed the use of this much more environmentally acceptable process for WWTF effluent disinfection to become an approved and accepted practice. New EPA community safety rules have also made the continued use of chlorine for disinfection Tess attractive, and the deadline for compliance with these new rules (June 21, 1999) has become the driving force behind making the change to UV in a timely manner. Bid # 99-18 is for the purchase of the actual UV equipment, by far the most expensive component of this overall project, and will be opened on February 5, 1999. The selected bidder will likely be one of two companies, Trojan Technologies or Calgon Carbon, who are the major players in the UV market for a WWTF of the size of Fayetteville's. Either vendor would be more than adequate, assuming they bid an appropriately sized unit. • • UV DISINFECTION • I.C.3 We are requesting that this item be placed on the agenda for the February 16, 1999 Council meeting with the expectation that we will be able to select a bidder and provide appropriate documentation before the Council Agenda session on February 9, 1999. It should be noted that at least one other major procurement step in this overall project will be necessary, to select a construction contractor to install the UV equipment and accompanying electrical appurtenances. (This second step cannot be taken until the equipment vendor is selected, since the installation procedures and requirements are different for each type of system) This installation bid will probably come before the Council in like manner to the equipment purchase, in order to maximize the available remaining time before the new EPA regulations take effect. We appreciate the Council's support of responsible environmental protection, especially in regard to the beautiful water environment of Northwest Arkansas, as well as a high level of concern for the safety of the community as a whole.