HomeMy WebLinkAbout139-03 RESOLUTIONRESOLUTION NO. 139-03
A RESOLUTION TO APPROVE A CONTRACT WITH AIR
CLEANING TECHNOLOGIES, INC. IN THE AMOUNT OF
$107,176.00 TO PURCHASE AND INSTALL EXHAUST
REMOVAL SYSTEMS FOR FOUR FAYETTEVILLE FIRE
STATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the contract (attached as Exhibit "A") with Air Cleaning
Technologies in the amount of $107,176.00 for the purchase and installation of
four exhaust removal systems in four Fayetteville Fire Stations.
PASSED and APPROVED this the 16th day of September, 2003.
ti
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COO P Y, Mayo
AGREEMENT
For Bid #03-47
AGREEMENT between the CITY OF FAYETTEVILLE and AIR CLEANING TECHNOLOGIES, INC.
on the Basis of Stipulated Price
This AGREEMENT is dated as of the gp4 day of SA.pio nbtrin the year 2003 by and between the City
of Fayetteville, having an address of 11 W Mountain, Fayetteville, Arkansas and Air Cleaning
Technologies Inc.
Air Cleaning Technologies, Inc.
1300 West Detroit
Broken Arrow, Oklahoma. 74012
(918) 251-8000
CITY OF FAYETTEVILLE and AIR CLEANING TECHNOLOGIES, INC. in consideration of the
mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. WORK
AIR CLEANING TECHNOLOGIES, INC. shall complete all WORK as specified or indicated in the
CONTRACT DOCUMENTS. The WORK is generally described as follows:
AIR CLEANING TECHNOLOGIES, INC. shall furnish all labor and materials to install a vehicle
exhaust removal system to capture exhaust at the exhaust pipe and transport it outside the building
as described in the bid specifications and contract documents for Central Fire (Fire Station #1)
located at 303 West Center Street, Fire Station #2 located at 708 North Garland Street, Fire
Station #4 located at 3369 Plainview Street and Fire Station #6 located at 900 Hollywood Street
in Fayetteville, Arkansas (the "Property").
AIR CLEANING TECHNOLOGIES, INC. shall also provide a two (2) year material and labor warranty,
as defined in the CONTRACT DOCUMENTS
1.2 UTILITIES:
1.2.1 Provide a schematic drawing of each system to be installed, for the CITY OF
FAYETTEVILLE'S approval prior to installation. These drawings must be in paper and
an approved electronic format (the PROJECT COORDINATOR will provide accepted
formats).
1.2.2 Air Cleaning Technologies, Inc. Must secure local building, HVAC and electrical permits
and have the job inspected as required by the City of Fayetteville Building Safety Division.
Agreement for Installation of Vehicle Exhaust Removal Systems
Page I of 11
1.3 INSTALLATION OF VEHICLE EXHAUST REMOVAL SYSTEM:
1.3.1 AIR CLEANING TECHNOLOGIES, INC. shall provide all labor and materials to install
new vehicle exhaust removal system as specified in the bid specifications. The CITY OF
FAYETTEVILLE must approve all materials (All materials must be compatible with
existing exhaust removal systems so that all part are interchangeable.) and installation
methods prior to installation.
Article 2. PROJECT COORDINATOR
2.1 The PROJECT COORDINATOR is Gregg Riley or his appointee.
2.2.1 All questions concerning any aspect of the PROJECT shall be routed through the PROJECT
COORDINATOR at the address listed below:
Gregg Riley, Administrative Battalion Chief
Fayetteville Fire Department
Fayetteville, Arkansas 72701
Phone: 479-575-8365 Fax: 479-575-0471
E-mail: grilcy@ci.faycttevillc.ar.us
Article 3. CONTRACT TIME
3.1 The WORK included in this AGREEMENT shall be completed within ninety (90) calendar days
from the date the NOTICE TO PROCEED is issued.
3.2 The prosecution of the WORK by AIR CLEANING TECHNOLOGIES, INC. shall be commenced
within ten (10) calendar days from issuance of the NOTICE TO PROCEED, and the WORK shall
be completed as indicated in section 3.1.
3.3 AIR CLEANING TECHNOLOGIES, INC. shall work during normal working days that are
suitable to the operation until completion of all WORK, unless otherwise specifically authorized
or directed by the CITY OF FAYETTEVILLE.
3.4 Liquidated Damages: CITY OF FAYETTEVILLE and AIR CLEANING TECHNOLOGIES,
INC. recognize that time is of the essence regarding this AGREEMENT and that CITY OF
FAYETTEVILLE will suffer financial loss if the WORK is not completed within the time
specified in paragraph 3.1, plus any extensions thereof allowed in accordance with Article 15 of
the General Conditions. The CITY OF FAYETTEVILLE and AIR CLEANING
TECHNOLOGIES, INC. also recognize the delays, expense and difficulties involved in proving,
in a legal proceeding, the actual loss suffered by CITY OF FAYETTEVILLE if the WORK is not
completed on time. Accordingly, instead of requiring any such proof, CITY OF
FAYETTEVILLE and AIR CLEANING TECHNOLOGIES, INC. agree that as liquidated
damages for delay, but not as penalty, AIR CLEANING TECHNOLOGIES, INC. shall pay CITY
OF FAYETTEVILLE two hundred and fifty dollars ($250.00) per calendar day for each calendar
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 2 of 11
• •
day that expires after the time specified in Section 3.1 of this AGREEMENT for completion of
WORK until the WORK is complete and accepted by CITY OF FAYETTEVILLE. The CITY
OF FAYETTEVILLE has the right to withhold any such sums as liquidated damages from
any payment to AIR CLEANING TECHNOLOGIES, INC.
ARTICLE 4. CONTRACT PRICE
4.1 The CITY OF FAYETTEVILLE shall pay AIR CLEANING TECHNOLOGIES, INC. for
completion of thc WORK in accordance with the CONTRACT DOCUMENTS in current funds
the lump sum CONTRACT PRICE of ONE HUNDRED SEVEN TIIOUSAND ONE
HUNDRED SEVENTY SIX dollars and NO ccnts ($107,176.00).
4.2 The CITY OF FAYETTEVILLE will make payments to the AIR CLEANING TECHNOLOGIES,
INC. upon the completion of the WORK as defined in the CONTRACT DOCUMENTS issued by
the CITY OF FAYETTEVILLE as provided in Article 5 of this AGREEMENT.
ARTICLE 5. PAYMENT PROCEDURES
Air Cleaning Technologies, Inc. shall submit Applications For Payment in accordance with Article 19 of
the General Conditions. Applications for Payment will he processed as provided in the General.
Conditions.
5.1 Progress Payments: CITY OF FAYETTEVILLE shall make progress payments on account of the
Contract Price on the basis of AIR CLEANING TECHNOLOGIES, INC.'S applications for
Payment on or about the 20th day of each month during construction as provided below. All
progress paymcnts will be on the basis of the progress of the Work measured by the schedule of
values established in Article 3 of 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 Conditions.
5.1.1 The City of Fayetteville shall retain ten percent (I0%) of the amount of each progress
payment. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less thc aggregate of payments
previously made and less such amounts the City of Fayetteville may withhold, in
accordance with Article 19 of the General Conditions.
5.1.1.1 In accordance with Ark. Code Ann. § 22-9-604, Upon certification by the Project
Coordinator that the Work under this contract has been fifty percent (50%)
completed, there will be no additional retainage on account of Work completed, in
which case the remaining progress payments prior to Substantial Completion will
be in an amount equal to one hundred percent (100%) of the Work completed.
5.1.2 Subject to the provisions of Section 3.2, upon Substantial Completion, payments will be
made in an amount sufficient to increase total payments to Contractor to ninety five
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 3 of 1 I
•
percent (95%) of the Contract Price, less such amounts that the City of Fayetteville may
withhold, in accordance with Article 19 of the General Conditions.
5.1.3 In accordance with Ark. Code Ann. § 22-9-604, if the Air Cleaning Technologies, Inc. is
required by the Contract Documents to purchase and furnish materials or equipment that
will be stored on the job site or in a bonded warehouse and used in the Work, no
retainage will be withheld on that amount of the submitted progress payment pertaining
to the cost of these stored materials or equipment.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Article
19 of the General Conditions, and after the City of Fayetteville receives ALL lien waivers and
ALL other proper documentation from Air Cleaning Technologies, Inc., the City of Fayetteville
shall pay the remainder of the Contract Price as provided in said Article 19.
5.3 AIR CLEANING TECHNOLOGIES, INC. shall submit application for payment to the
PROJECT COORDINATOR as listed in Article 2 of this AGREEMENT.
ARTICLE 6. CONTRACTOR REPRESENTATIONS
6.1 Minimum wage rates shall be equal to the basic rates as established by common usage in the city
and adjacent community for the various types of labor and skills performed. In cases where
wage rate determinations are specified in the Contract Documents, the rates as specified shall be
the minimum rates which apply to the Project. Whenever available, the Contractor shall make
use of local common and/or skilled labor as is practical.
Air Cleaning Technologies, Inc. and each subcontractor, where the amount exceeds $75,000.00
shall comply with the provisions of Ark. Code Annotated 22-9-309. The provisions are
summarized below.
Air Cleaning Technologies, Inc. and Subcontractor shall:
I) pay the minimum prevailing wage rates for each craft or
type of workman and the prevailing wage rate for holiday
and overtime work, as determined by the Arkansas Department
of Labor,
2) post the scale of wages in a prominent and easily
accessible place at the site of the Work,
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 4 of I I
• •
3) keep an accurate record showing the names and occupation and
hours worked of all workmen employed by them, and the
actual wages paid to each of the workmen, which records
shall be open at all reasonable hours to the inspection of
the Department of Labor or the City of Fayetteville, its officers and
agents.
A copy of the prevailing wage rates for this specific project, as established by the Arkansas
Department of Labor, is attached in the Contract Documents immediately following the
Instructions to Bidders.
The City of Fayetteville shall have the right to withhold from amounts due to Air Cleaning
Technologies, Inc. so much of accrued payments as may be considered necessary to pay the
workmen employed by Air Cleaning Technologies, Inc. or any subcontractor, the difference
between the rates of wages required by this Contract and the rates of wages rcccivexf by such
workmen.
If it is found that any workmen employed by Air Cleaning Technologies, Inc. or subcontractor
has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the
City of Fayetteville may by written notice to the Contract or, terminate Air Cleaning
Technologies, Inc.'s right to proceed with the Work or such part of the Work as to which there
has been a failure to pay the required wages and to prosecute the Work to completion by Contract
or otherwise, and Air Cleaning Technologies, Inc. and his sureties shall be liable for any costs
occasioned thereby.
6.1 AIR CLEANING TECHNOLOGIES, INC. has familiarized itself with the nature and extent of
the CONTRACT DOCUMENTS, locality, and all local conditions and laws and regulations that
in any manner may affect cost, progress, performance or furnishing of the WORK. AIR
CLEANING TECHNOLOGIES, INC. covenants and agrees to comply with all applicable laws,
statutes, regulations, ordinances and permits relating to the performance of this contract.
6.2 AIR CLEANING TECHNOLOGIES, INC. understands that the only compensation under this
AGREEMENT will be the lump sum price as stated in Article 4 of this AGREEMENT, which
must be approved by the CITY OF FAYETTEVILLE and the CITY OF FAYETTEVILLE'S
PROJECT COORDINATOR.
6.3 AIR CLEANING TECHNOLOGIES, INC. shall indemnify and hold harmless the CITY OF
FAYETTEVILLE from any and all costs, fees, expenses, causes of action, fines, penalties or
liability by reason of injury to persons or property or in any manner arising out of the
performance of this AGREEMENT or failure to perform by AIR CLEANING
TECHNOLOGIES, INC., his agents, employees or representatives
6.5 AIR CLEANING TECHNOLOGIES, INC. has studied carefully all SPECIFICATIONS and
accepts the determination of the extent of the technical data contained in such reports and
DRAWINGS upon which AIR CLEANING TECHNOLOGIES, INC. is entitled to rely.
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 5 of I I
• •
6.6 AIR CLEANING TECHNOLOGIES, INC. has given CITY OF FAYETTEVILLE WRITTEN
NOTICE of all conflicts, errors or discrepancies that he has discovered in the CONTRACT
DOCUMENTS and the written resolution thereof by CITY OF FAYETTEVILLE is acceptable
to AIR CLEANING TECHNOLOGIES, INC.
Article 7. CONTRACT DOCUMENTS
The Contract Documents that comprise the entire AGREEMENT between CITY OF FAYETTEVILLE
and AIR CLEANING TECHNOLOGIES, INC. conceming the WORK consist of the following:
7.1 This AGREEMENT;
7.2 NOTICE TO PROCEED;
7.3 GENERAL CONDITIONS;
7.4 SPECIFICATIONS — Specification titled "Vehicle Exhaust Removal System Technical and
Performance Specifications";
7.5 AIR CLEANING TECHNOLOGIES, INC. BID, signed and dated by the AIR CLEANING
TECHNOLOGIES, INC. on , 2003;
7.6 Other CONTRACT DOCUMENTS:
7.6.1 Release of Liability and Hold Harmless Agreement document.
7.6.2 Invitation to Bid #03-47
7.6.3 Performance Bond and Payment Bond
7.6.4 Resolution number ; and
7.7 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 provisions of this
AGREEMENT.
. There are no CONTRACT DOCUMENTS other than thosc listed above in this Article 7. The
CONTRACT DOCUMENTS may only be amended, modified or supplemented as provided in
Subsections 13.1 and 13.2 of the General Conditions, and the provisions of this AGREEMENT.
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this AGREEMENT that arc defined in Article I of the General Conditions will
have the meanings indicated in the General Conditions.
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 6 of 1 I
8.2 No assignment by a party hereto of any rights under or interests in the CONTRACT
DOCUMENTS will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may become due and
moneys that are due may not be assigned without such consent, except to the extent that the
effect of this restriction may he limited by law Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the CONTRACT DOCUMENTS.
8.3 CITY OF FAYETTEVILLE and AIR CLEANING TECHNOLOGIES, INC. each binds
themselves, their partners, successors and legal representatives to the other party hereto, their
partners, successors, assigns and legal representatives in respect of all covenants, agreements and
obligations contained in the CONTRACT DOCUMENTS.
8.4 Nondiscrimination: AIR CLEANING TECHNOLOGIES, INC. agrees to comply with all
applicable federal and state laws and regulations regarding nondiscrimination, and specifically
agrees not to discriminate against any individual because of race, religion, sex, national origin or
disability, and to require such compliance in contractual agreements with subcontractors and sub -
subcontractors.
8.5 AIR CLEANING TECHNOLOGIES, INC. agrees to comply with the Americans with
Disabilities Act and the Equal Employment Opportunity Act, as well as regulations promulgated
pursuant thereto, and to require such compliance in contractual agreements with subcontractors
and sub -subcontractors.
8.6 CHANGE ORDERS, 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, if under the
contingency amount, and/or City Council, if over the contingency amount, in advance of the
change in scope, cost or fees.
8.7 This contract is governed by the laws of the State of Arkansas.
8.8 Nothing contained in the CONTRACT DOCUMENTS shall create a contractual relationship
with, or cause of action in favor of, a third party against the CITY OF FAYETTEVILLE or AIR
CLEANING TECHNOLOGIES, INC..
8.11 Independent Contractor: It is expressly agreed that AIR CLEANING TECHNOLOGIES, INC.
is acting as an independent contractor in performing the services specified herein. The CITY OF
FAYETTEVILLE shall carry no workers' compensation insurance, health or accident insurance
to cover AIR CLEANING TECHNOLOGIES, INC. or AIR CLEANING TECHNOLOGIES,
INC.'S employees for any type of loss which might result to AIR CLEANING
TECHNOLOGIES, INC. or AIR CLEANING TECHNOLOGIES, INC.'S employees in
connection with the performance of the services set forth in this AGREEMENT. The CITY OF
FAYETTEVILLE shall not pay any contribution to Social Security, unemployment insurance,
federal or state withholding taxes, nor provide any other contributions or benefits which might
otherwise be expected in an employer-employee relationship, it being specifically agreed that the
AIR CLEANING TECHNOLOGIES, INC. is not acting herein as an employee of CITY OF
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 7 of 1 1
FAYETTEVILLE, but shall, at all times, and in all respects, have the rights and liabilities of an
independent contractor.
8.12 Severability: In the event any section, subsection, subdivision, paragraph, subparagraph, item,
sentence clause, phrase, or word of the CONTRACT DOCUMENTS is declared or adjudged
to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
provisions of the CONTRACT DOCUMENTS, as if such invalid or unconstitutional provision
was not originally a part of the CONTRACT DOCUMENTS.
8.13 The statute of limitation period shall be tolled for any fraudulent act committed by the AIR
CLEANING TECHNOLOGIES, INC. that the CITY OF FAYETTEVILLE cannot discover
upon due diligence.
8.14 The officials who have executed this contract hereby represent and warrant that they have full
and complete authority to act on behalf of the CITY OF FAYETTEVILLE and AIR CLEANING
TECHNOLOGIES, INC., respectively, and that their signatures below, the terms and provisions
hereof, constitute valid and enforceable obligations of each.
8.15 This AGREEMENT shall be executed in the original, and any number of copies. Any copy of
this AGREEMENT so executed shall be deemed an original, and shall be deemed authentic for
any other use.
8.16 Nothing stated within the CONTRACT DOCUMENTS shall be construed as limiting the CITY
OF FAYETTEVILLE'S immunity from liability in tort.
8.17 The CITY OF FAYETTEVILLE does not agree with or consent to arbitration or mediation of
disputes relating to this AGREEMENT or PROJECT.
8.18 AIR CLEANING TECHNOLOGIES, INC. agrees that it shall indemnify and save harmless the
CITY OF FAYETTEVILLE, its officers, agents, and employees from any claims or losses for
services rendered by any subcontractor, person or firm performing or supplying services,
materials or supplies in connection with the performance of this AGREEMENT.
8.19 AIR CLEANING TECHNOLOGIES, INC. shall ensure that the CITY OF FAYETTEVILLE
receives lien waivers from all subcontractors, sub -subcontractors and material suppliers before
WORK begins on the PROJECT. AIR CLEANING TECHNOLOGIES, INC. shall give
WRITTEN NOTICE to the subcontractors, sub -subcontractors and material suppliers providing
WORK on the PROJECT that states the following: "According to Arkansas law, it is
understood that no liens can he 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 "Oklahoma Surety Company of Tulsa Oklahoma." AIR
CLEANING TECHNOLOGIES, INC. shall have each subcontractor; sub -subcontractor and
material supplier execute a written receipt evidencing acknowledgment of this statement.
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 8 of 11
8.20 AIR CLEANING TECHNOLOGIES, INC. agrees to comply with the Americans with
Disabilities Act, and regulations promulgated pursuant thereto, as relates to the performance of
this contract.
8.21 No Waiver of Enforcement of Contract Provisions: Failure of the CITY OF FAYETTEVILLE to
enforce at any time any of the provisions of this AGREEMENT, or to require at any time
performance by AIR CLEANING TECHNOLOGIES, INC. of any of the provisions hereof, shall
in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of
this AGREEMENT, or any part thereof, or the right of the CITY OF FAYETTEVILLE to
thereafter enforce each and every such provision.
8.22 Freedom of Information Act: City of Fayetteville 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, AIR CLEANING
TECHNOLOGIES, INC. will do everything possible to provide the documents in a prompt and
timely manner as prescribed in thc 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.
8.23 Entire Agreement: The CONTRACT DOCUMENTS contain the complete and entire agreement
of the parties respecting the transactions contemplated herein, and supersede all prior
negotiations, agreements, representations, and understandings, if any, among the parties
regarding such matters. All prior or contemporaneous agreements, understandings, and
statements, oral or written, are merged into the CONTRACT DOCUMENTS.
8.24 Captions: All captions contained in the CONTRACT DOCUMENTS are inserted only as a
matter of convenience and in no way define, limit or extend the scope or intent of the
CONTRACT DOCUMENTS.
ARTICLE 9. INSURANCE AND BONDING
9.1 AIR CLEANING TECHNOLOGIES, INC. shall provide a Performance BOND, according to
Arkansas law, insuring the CITY OF FAYETTEVILLE of the performance of all of the terms,
provisions and stipulations of this AGREEMENT. AIR CLEANING TECHNOLOGIES, INC.
shall also provide a Payment BOND, according to Arkansas law. Said BONDS shall be issued by
a company duly authorized to transact such business within the State of Arkansas. Said
Performance and Payment BONDS shall be acquired and delivered to the CITY OF
FAYETTEVILLE prior to the issuance of the NOTICE TO PROCEED.
9.2 AIR CLEANING TECHNOLOGIES, INC. shall furnish the CITY OF FAYETTEVILLE with a
certificate of insurance naming the City of Fayetteville as an insured on a policy of insurance
indemnifying and insuring thc City in amounts not less than five hundred thousand dollars
($500,000) for personal injury and two million dollars (S2,000,000) for property damage and
other liabilities. Such insurance shall be acquired and the certificate delivered to the CITY OF
FAYETTEVILLE prior to the issuance of the NOTICE TO PROCEED.
Agreement for Installation of Vehicle Exhaust Removal Systems
Page 9 of I 1
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and AIR CLEANING TECHNOLOGIES,
INC. have signed this AGREEMENT in duplicate. One counterpart each has been delivered to CITY
OF FAYETTEVILLE and AIR CLEANING TECHNOLOGIES, INC. All portions of the CONTRACT
DOCUMENTS have been signed or identified by CITY OF FAYETTEVILLE and AIR CLEANING
TECHNOLOGIES, INC.
This AGREEMENT will be effective on the date a NOTICE TO PROCEED is issued.
"Al TT(
.•
7�<
•
TY OF FAYETTEVILLE:
,M•yor
4SAtht 2// 7 0
ATTEST:
mola•-• &htbdiL
Sondra Smith, City Clerk
DATE:
q//7/9
Address for giving notices:
Mayor Dan Coody
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
Phone: 479/575-8331
Fax: 479/575-8257
Email: dcoody(nci.faycttcville.ar.us
By:
Title: ROD
AIR
CONTRACTOR:
DATE:
C. DAVIS,'vicx PRESIDENT
CLEANING TECHNOLOGIES, INC.
SEPTEMBER 9, 2003
ATTEST:
r
DATE: SEPTEMBER 9, 2003
Address for giving notices:
AIR CLEANING TECHNOI.CCIES, INC.
1300 WEST DETROIT
BROKEN ARROW, OKLAHOMA 74012
Phone
Mobile
Fax
Email
800-351-1858
918-671-3220
918-251-4977
info@aircicaningtech.com
Employer ID Number: 73-1250516
END OF SECTION
Agreement for Installation of Vehicle Exhaust Removal Systems
Page I I of I I
RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT
Bid #03-47
1, RDD C. DAVIS as the duly authorized agent for Air
Cleaning Technologies, Inc. hereby release, idemnify and hold harmless the City of Fayetteville,
Arkansas, its officers, agents and employees from and against any and all loss, damage and expense
including, but not limited to; any claim, demand or action for injury, liability or damage to persons or
property or, for loss of life; and any and all claims or actions brought by any person, firm, govemment
body or other entity, resulting from, arising from or in connection with contamination of, or adverse
effects on, the environment, or violation of any environmental or other statute, ordinance, rule,
regulation, order, permit or judgment of any government or judicial entity; and from and against any
damages, liabilities, costs, fees, fines, charges, causes of action, law suits, judgments and penalties
assessed, including, but not limited to, reasonable investigation and legal expenses in connection with
defcnding any such action, arising from any matter or circumstance on the Property regarding the
performance of the Work under the SWIMMER BER , 2003 Agreement between Air Cleaning
Technologies, Inc. and the City of Fayetteville, Arkansas for services to install vehicle exhaust
systems for the City of Fayetteville, Arkansas at Central Fire (Fire Station #1) located at 303 West
Center Street, Fire Station #2 located at 708 North Garland Street, Fire Station #4 located at 3369
Plainview Street and Fire Station #6 located at 900 Hollywood Street, in Fayetteville, Arkansas.
W I"ITySS
rorrlY D. DUNaN, RATE SECRETARY
AIR CLEANING TECHNOLOGIES, INC.
SEPII29{tER 9, 2003
DATE
SEP ENSU 9, 2003
DATE
•
• •
Bond No
BID BOND
The American Institute of Architects
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS. that we Air Cleaning Technologies, Inc.
as Principal hereinafter called the Principal, and Oklahoma Surety Company
as Surety, hereinafter called the Surety, arc held and firmly bound unto The City of Fayetteville AR
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount of Bid---
Dollarsthe for . $ 5% ) payment p yment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for Bid No. 03-47 Installation of vehicle exhaust
systems at fire stations, 1, 2, 4 & 6.
NOW, THEREFORE if the Obligee shall accept the hid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thercof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this 14th day of August
:Ss. U
Witness
JULIA F. VEGHER, BUSINESS OFFICE MANAGER
AIR CLEANING TECHNOLOGIES, INC
800-351-1858
By
Air Cleaning Technologies, Inc.
2063
Principal
D. DUN Cdt7, CORPORATE`$E(RETARY
AIR CLEANING TECHNOLOGIES, INC.
1300 WEST DETROIT BROKEN ARROW, OR 74012
Oklahoma Surety Company
(Seal)
Name/Title
By:
Surety
Robbie Loyd
(Seal)
Attorney -in -Fact
OKLAHOMA SURETY COMPAI
Tulsa, Oklahoma
Know all Men by these presents: That the OKLAHOMA SURETY COMPANY,'a corporation of the State -of Oklahoma, having its principal
office in the cityof Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company, to -wit
Section 10, Article IV, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate Dame of the
Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer; or 'any Vice President, or by such other
officers as the Board of Directors may authorize. The Cbairinan of the Board President, any Vice President,, Secretary, any Assistant Secretary,
or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the
Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obligations of the corporation"
The Company does hereby constitute and appoint Pam Derichsweiler, Richard K. Newfield, Ann
Hopkins and Robbie Loyd, individually of TULSA, OK
its true and lawful attomey(s)-in-fact, to execute; seal and deliver for and on its behalf as Surety, and as its act and deed,
Any and all bonds and undertakings of Suretyship
And the execution of - such instrument(s) in pursuance of the presents, shall be as binding upon the said OKLAHOMA SURETY
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office in Tulsa, Oklahoma.
.IN WITNESS WHEREOF, ,
.:presents this `. 16
OKLAIIOMA SURETY COMPANY
day of June
• ATTEST:
SARA ANDERSO ASSISTANT SECRETARY TODD BAZATA
2003
has executed and attested these
VICE PRESIDENT
On this : • 16 .. - day of June • 2003 before In , a Notary Public of the State of Oklahoma in and
'for the County of Tulsa; crime the individUal to me personally known to be the officer described in, and who executed the preceding instrument,
and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and authorized officer of the
',OKLAHOMA SURETY COMPANY aforesaid, andthat the seal affixed to the preceding instrument is the corporate of said Company, and the
said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company,
and thantejfrttraldU4,,5 ction 10, of the By -Laws of said Company, refuted to in the preceding instrument, is now in force.
.r AY S��[``` ,
AN *ttIM M Affrit oF, 1 have hereunto set my hand and affixed my official seal at the City of Tulsa, the day and year first above written•
•
TA
20 P1� q� Commission # 00018867
�iTAF.
,u own ran I
My Commission expires 11 —14-04
L FAY SCOTT Notary Public
,.;,., •aur n,,.p,
1, SARA ANDERSON - • Assistant Secretary of OKLAHOMA SURETY COMPANYdo hereby certify that the foregoing extracts of
'the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. .
This certifies that any facsimile or mechanically -produced signature of any officer of the Company and Company seal, wherever appearing upon a power of attorney
issued by the Company, shall be valid and bolding upon the Company with the same force and effett as though manually affixed
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
8-882:1-05
this 14th daybf August
SARA ANDERSON Assistant Secretary
2003.
8x01700558
ACORD_ CERTIFICAT4F LIABILITY INSURANC•
CSR RL DATE (MMJOOIWY\1
AIRCL-1 08/07/03
PRODUCER
RICH & CARTMILL
2738 East 51st #400
T•'lsa OK 74105
Jae:918-743-8811 Fax:918-744-8429
THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC P
INSURED
Air Cleaning Technologies Inc
1300 W Detroit
Broken Arrow OK 74012
INSURERA. St Paul Fire & Marine Ins Co
NSURERB- American Mercury Ins Co
INSURERC. Westport Insurance
INSURER D
INSURER E
COVERAGES
THE POLICIES
ANY REQUIREMENT.
MAY PERTAIN.
POLICIES.
LTRRIIHSRO
AGGREGATE
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE
POLICY NUMBER
DATE 4MIDEFFEUm
l
DATEVMWDI EXPIRATION
LIMITS
A
GENERAL
COMMERCIALGE.NERALLIAOIUTT
LIABILITY
CLAIMS MADE n OCCUR
CK03504966
08/01/03
08/01/04
EACH OCCURRENCE
51000000
X
" DAMTat 1[) HtNItIJ
PREMISES (Ea ooarterna)
$ 100000
—
MED EXP (Any one Pelson)
5 5000
PERSONAL & ADV INJURY
1 1000000
GENERAL AGGREGATE
s2000000
GENL
AGGREGATE
POLICY n
LIMIT APPLIES PER.
52000000
PRODUCTS - C MP/OP AGG
JECT 1 ! LOC
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CLP7000995
03/28/03
03/28/04
COMBINED SINGLE LIMIT
(Ea award)
$1000000
X
—_
BODILY INJURY
(Per person)
5
BODILY INJURY
(Pu aLWMI)
S
PROPERTY DAMAGE
(Per ameent)
1
GARAGE
UABIUTY
ANY AUTO
AUTO ONLY. EA ACCIDENT
$
OTHER THAN EA ACC
1
AUTO ONLY: AGG
5
A
EXCESSNMBRELLA
OCCUR
DEDUCTIBLE
RETENTION
UABIUTY
CWMSMADE
CK03504966
08/01/03
08/01/04
EACH OCCURRENCE
$5000000
X
AGGREGATE
$5000000
510000
s
■
1
X
5
C
WORKERS
EMPLOYERS
ANY PROPRIETOR/PARrNERIO(ECUTNE
OFFICEFUMEMBER
tl yn 04110111
SPECIAL
COMPENSATION AND
UABILTTY
EXCLUDED'
under
PROVISIONS below
WCX0009302
03/23/03
03/23/04
X ITORY IM S I IOR
E. L. EACH ACCIDENT I$500000
E. L. DISEASE - EA EMPLOYE 1500000
E.L. DISEASE - POLICY LIMIT 15 500000
OTHER
DESCRIPTION OF
OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDEO BY ENDORSEMENT 1 SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
CITYPAY
City of Fayetteville
113 W Mountain
Fayetteville AR 72701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL - - DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 50 SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUDI RE ESENT
ACORD 25 (2001108)
ACORD CORPORATION 1988
•
•
•
• •
License No.
0137430304
State of Arkansas
Contractors Licensing Board
AIR CLEANING TECHNOLOGIES, INC.
1300 W DETROIT
BROKEN ARROW, OK 74012
This is to Certify That
AIR CLEANING TECHNOLOGIES, INC.
is duly licensed under the provisions of Act 150 of the 1965 Acts as amended
and is entitled to practice Contracting in the State of Arkansas within the
following classification:
SPECIALTY
Pollution or Dust Control Systems
o_ii,__._.:_ .. ted bid lima UNLIMITED
WILD LHC 4VILUYII::g suggested vet lluat•
from May 23, 2003 until March 31, 2004
when this Certificate expires.
gE s7'
tri
ed if;���1Sa
Witness our hands of the Board. dated at Little Rock, Arkansas
ii4,
jai WA -
CHAIRMAN
SECRETARY
_. May 23, 2003
•
• o a w•w w•Ygw wn.¢ •rqriw yv'w t: $ `sa�:�: �w w: `��a,- syo,+,t2 �r�w�. { 9�w,�
ot
a. •
STALE OF ARKANSAS
re -42 ggij
• y.
_'_ t1 O STATE01
••- SECRETARY
Charlie Daniels
SECRETARY OF STATE
To All to Whom These Presents Shall Conic. Greetings:
I, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the
follow;rtg arid hereto attached instrument of wrtine is a true and perfect copy of
Application for Certificate of Authority
AIR CLEANING TECHNOLOGIES; INC.
fia d in :his office June 13, 2003 to he c Foreign For Profit Corporation fe1med ander the
itted !a•,vs cif the State of Oklahoma.
S°a.� I further certi,y that said Foreign For Profit Corporation, having cor.p!
ted with all
statutory requirements in the Statc of Arkansas, is qualified to transact business in this
State.
'
-
•
In Testimony Whereof, 1 have hereunto set my hand
and affixed my official Seal. Done at my office m the
City of Linile Rock, this 1 3th day ofJune 2003.
CSS., �• 6
MBIEWINAIS
Secretary of State
CERTIFICATE OF GOOD STANDING
DOMESTIC CORPORATION
1 THE UNDERSIGNED, Secretary of State of rhe State of Oklahoma. do hereby:
cerrify thar I am, by the laws of said stare, the custodian of the records of the srare of
Oklahoma rehiring to the right of cenain business entities to transact business in this state
and am the proper officer w execure this certificate.
1 FURTHER CERTIFY that AIR CLEANING TECHNOLGIES. INC. is a
corporation duly organized and existing under and by virtue of the laws of the stare of
Oklahoma and is in good standing according to the records of this office. This certificate
is not w be construed as an endorsement, recommendation or notice of approval of rhe
enritv's financial condition or business activities and practices. Such information is not
available from this office.
IN TESTIMONY WHEREOF, 1 have hereunto ser my
hand and caused ro be affixed the Great Seal of the
State of Oklahoma ar the City of Oklahoma Circ, this
Certffica te,
This is to cenifv that
the Quality System
of
PlymoVent AB
in the field of
development and manufacture of equipment for industrial ventilation and
filtration as well as extraction of vehicle exhaust in fixed installations
has been found to conform to
SS -EN ISO 9001
Certificate No 347
1995-10-25
23IS Certifiering AB _
Zer
Bengt Frantaou
o. F. Manager Certification
Bach
Managing Direcurr
mdt v.24
4.4 1-I
of y
1241
FM 45 012
SIS Certificrirg AB is a member of FQNct, the International Canifica:ion Network
•
•
land #
0K0033141
PERFORMANCE BOND
The American Institute of Architects.
AIA Document No A312 (December, 1984 Edtbon)
Any singular reference to Contractor. Surety. Owner or other
party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Air Cleaning Technologies, Inc.
1300 West Detroit Street
Broken Arrow, OK 74012
CONSTRUCTION CONTRACT
Date:
Amount:
$107,176.00
Description (Name and Location)
and
a
�WNER (Kayne and Address):
he CCity o1 a Address):
113 West Mountain
Fayetteville, AR 72701
SURETY (Name and Principal Placa of Business):
Oklahoma Surety Company
P O Box 1409
Tulsa, OK 74101-1409
Installation of vehicle exhaust removal system, Fire Station #1, Fire Station #2,
Fire Station #4 and Fire Station #6
BOND
Data (Not earlier than Construction Contract Date):
Amount $107.176.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
September 10, 2003
Company: (Corporate Seal)
Air Cleaning Technologies, Inc.
Signature:
Name and Title:
DAVE L. DUNCAN, PRESIDENT
(Any additional signatures appear on page 2.)
(FOR INFORMATION Only- Name. Address end Telephone)
AGENT or BROKER: Rich & CartmilL Inc.. 2738 E 51 moo, Tulsa OK
74105(918)743-8811
1 The Contractor and the Surety, jointly and severally, bind them-
selves, thea heirs, executors, administrators, succoasors end 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 par-
ticipate in conferenrv,s as prou.de4 in Subparagraph 3 1.
3 If there is no Owner Default) the Surety's obligation under this Bond
Shall arise after
3.1 The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below that the Owner is con-
sidering declaring a Contractor Default and has requested and
attempted to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after receipt of such
notice to discuss metnoas of performing the Construction Contract
11 the Owner. the Contractor and the Surety agree. the Contractor
shall be &lowed s reasonable time to perform the Construction Con-
tract, but such an agreement shall not waive the Owners right, it
any, subsequently to declare a Contractor Default and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractors right to complete the contract Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and Surely have received notice as provided
in Subparagraph 3.1; and
f• None i ! Sea Paget 2
SURETY
Company. (Corporate Seep
Oklahoma Surety Company
Signature'
Name and Title:
ROBBIE LOYD, Attorn y -in -F
OWNER'S REPRESENTATIVE (Ardtned, Engineer or other
Partyk
3.3 The Owner has agreed to pay the Balance of the Contract Price
to the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety snarl promptly aro at the Surety's expense take one of the
following actions
4.1 Arrange for the Contractor with consent of the Owner. to
perform and complete the Construction Contract nr
4.2 Undertake to perform end complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotlateo proposals from qualified contractors
acceptable to the Owner for a contract for performance and com-
pletion of the Construction Contract arrange for a contract to bo
prepared for execution by the Owner and the contractor selected
with Ute Omen's wncurrmlce to be secured with performance
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
excess of Ire Balance of me Contract Price iouoned by the Owner
resulting from tree Contractors default. or