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Home My WebLink About139-03 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 • Bond # OK0033141 PAYMENT BOND The American Institute of Architects, AIA Document Na A312 (December. 1984 Edition). 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 OWNER (Name and Address): The City of Fayetteville 113 West Mountain Fayetteville, AR 72701 CONSTRUCTION CONTRACT Dole; SURETY (Name and Principal Place of Business). Oklahoma Surety Company PO Box 1409 Tulsa, OK 74101-1409 Amount $107,176.00 Description (Name and Location): Installation of vehicle exhaust removal system, Fire Station #1, Fire Station #2, Fire Station #4 and Fire Station #6 BOND Date (Not earlier than Construction Contract Date): September 10, 2003 Amount: Modifications to this Bond: '2 None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seel) Company. (Corporate Seal) Air Cleaning Technologiees, Inc. Oklahoma Surety Company Signature: Signature: ( O' Nome and nee: DAVE L. DUNCAN, PRESIDENT Name and Title: OBB1E LOYD, Anorney-in-Fact (FOP INFORMATION ONLY —Name. Address and telephone) AGENT or BROKER: µich & Cabnill, 1rc2738 E 51 TulM OK 74105 (918)743.6811 I The Cnntractnr and the Surety, jointly and severalty, bind them- selves, their heirs. exec utors. administrators, successors end assigns to the Owner to pay for tabor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 Wth respect to the Owner, this obligation shall bo null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 Wrth respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due 4 The Surety shall have no obligation to Claimants under this Bond until: ORC 22114 (74i) OWNERS REPRESENTATIVE (Architect. Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor nave given notice to the Surety (at the address described in Paragraph 12) and sent a copy. or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimant, who do not have a direct contract with the Contractor 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last fumshed materials or equipment included in the claim stating, with substantial accuracy, the amount of the clam and the name of the party to whom the materials wore fur- nished or supplied or for whom the labor was done or performed: and .2 Have either received a rejection in whole or in pan from the Con- tractor. or not received within 3D days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. OLAHOMA SURETY COMPA* Tulsa, Oklahoma Know all Mea by these presents: That the OKLAHOMA SURETY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of Ttdsa, 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 name of the Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other ofcus as the Board of Directors may authorize. The Chairman 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 Derichsweier, Richard K. Haverfield, Ann Hopkins and Robbie Loyd, individually of TULSA, OK its true and lawful attorney(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, OKLAHOMA SURETY COMPANY has executed and attested these presents this 16 day of June . 2003 ATTEST: SARA A SON ASSISTANT SECRETARY DD AzATA VICE PRESIDENT On this 16 day of June , 2003 before me, a Notary Public of the State of Oklahoma in and for the County of Tulsa, came 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, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and Ids signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company, and that rSJ'1-4ui .r i etion 10, of the By -Laws of said Company, referred to in the preceding instrument, is now in force. N 1 j'L'1aO. NIl[Itti'f�F. I have hereunto set my hand and affixed my official seal at the City of Tula, the day and ytar first above mart. CoW My Commission i 00018867 1 My Cotnmtssion expires 11-14-04 U L FAY SCOTT Notary Public I, SARA ANDERSON Assistant Secretary of OKLAHOMA SURETY COMPANY do hereby certify that the foregoing extracts of the By -Lawn ed 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 oatifis that any fsaimile or medwtially-produoed signature of any officer of the Company and Company xd, .4baew appearing upon a poua of attamey issued by the Company, dull be valid and boding upon the Company with the same form and alto as though manusfty affixed IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10th day of September 2003. p o SARA ANDERSON Assistant Secretary _.at S 3 041 rut _ •% 0 P S I , ,t 0 BNO37DO599 • ACORD_ CERTIFICATE LIABILITY INSURANCE CSR RI. I DATE(MMIDD/YYYY) AIRCL-1 I 09/10/03 PRODUCER THIS CERTIFICATE IS ISa.cD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RICH & CARTMILL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 51st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OR 74105 Phone:918-743-8811 Fax:918-744-8429 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A St Paul Fire 4 Marine Ins Co INSURERS American Mercury Ins Co. Air CleaningTechnologies Inc :INSURERC Westport Insurance I 1300 W Detroit INSURER D: Broken Arrow OR 74012 INSURER E [.D17:LTe1Y.9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDNION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TIE 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 IN5RLTR POLICY EMAFIIDO TIVE�PDATEY NI �NSRO TYPE OF INSURANCE POLICY NUMBER NMIODIYY LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1000000 A X1 COMMERCIAL GENERAL IT LIABILY CK03504966 08/01/03 08/01/04 DAMA,t PREMISES Be orcjrerre $100000 1 CLAIMS MADE (X OCCUR MEE)EXP(Anyonepersan) $5000 II PERSONALSADV INJURY ($1000000 ___� GENERAL AGGREGATE j $ 2000000 II GENLAGGREGATE LIMITAPPLIES PER I PRODUCTS. COMPIOP AGG $2000000 �p POLICY I I I LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 51000000 B X ANY AUTO CLP7000995 03/28/03 03/28/04 (Essalee1° BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Pet cn) IS BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per ewOenl) I $ P ec rtDAAIAGE ) GARAGE LIABILfTY I AUTO ONLY. EA ACCIDENT I f EA ACC I f OTHER THAN ANY AUTO AUTO ONLY. AGO $ EXCESSIJMBRELLALIABILRY EACH OCCURRENCE I$ 5000000 A X 7 OCCUR EI CLAIMSMACE C&03504966 08/01/03 08/01/04 AGGREGATE $5000000 f IX I OEDUCTI&Ef RETENTION $10000 f WORKERS COMPENSATION AND X TORY LIMITS I I ER C EMPLOYERSLIABILITYWCX0009302 03/23/03 03/23/04IELEACHACCIDENT 1$500000 ANY PRORUETOR/ R/EXECUTNE EXCLUDED? OFFICERMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE, $500000 M yes newts under SPECIAL PROVISIONS bSaw I E.L. DISEASE . POLICY LIMIT ($ 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Fayetteville, AR is shown as additional insured with respect to installation of vehicle exhaust removal system at fire station #1, #2, #4, a #6. CERTIFICATE HOLDER CANCFI I ATION CITYFAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATiON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville 113 W Mountain IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Fayetteville AR 72701 REPRESENTATIVES, AUTH REP ESENT ACURD z5 (zuo1106) m ACORD CORPORATION 1985 • • INVITATION TO BID CITY OF FAYETTEVILLE ARKANSAS City •(F.ymtak City B.n suite W6 113 W Mccatsia. ry.ntntc AR 73]01 .79,5"32i9 BID NUMBER: DATE ISSUED: DATE & TIME OF BID OPF,NTNr.: Bid # 03-47 July 21.2003 August 14,2003 at 2.'00 PM COMMODITY CLASSIFICATION: BUYER: Peggy Vice, DELIVERY REQUIRED: Vehicle Exhaust Removal System Purchasing Manager F.O.B. City of ayetteville BUYERS PHONE: BIDDERS DELIVERY DATE: 479/575-8289 To install vehicle exhaust removal system as per attached specifications in the following Fire Stations: sire SIadori Ntimr i:cD+opt.. Amoaat,.n P{re Ssatfea Name llreps Aawont L CcavalFce(FueStacan#I) 4 S - - 2. Firy Station # 2 I S 1. Fire Stotiof # 4 - 2 $ 40.960. 0 4, File Station a6 1 $ 22,668:)O L,. Total Bid S 107 176.00 * One hundred seven thousand, one hundred seventy-six dollars and no cents Arkansas Contractor's License Number: 0137430304 Items that MUST accomoanY your hid are: • This invitation to bid • A contractor's license number • A 5% Bid Bond, Certified or Cashiers Check • References as described in 1.06 of the specifications. • A copy of the equipment manufacturer's ISO 9001 Certification of Quality Assurance (as described in 1.03 of the specifications). • U L Laboratory test documentation on the upper flexible hose as per 2.OlJ in the Specifications. Proof of Liability and Workers Comp Insurance must he provided by the successful kidder. A 100% Performance and Payment Bond will be required of the successful bidder. A mandatory walk thru will be held beginning at Central Station at 303 West Center Strctt, Fayetteville Arkansas, August 6th, 2003 at 10:80 &M. For`odditionai Information contact Gregg Riley at 479-575-8365: Bid will be awarded to the firm submitting the lowest Total Bid meeting Bid Specifications and requirements. EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this hid proposal including specifications, conditions and pertinent information regarding the articles being bid on, and agree to furnish these articles at the price stated. * Air Cleaning Technologies, Inc. acknowledges and agrees that if the City of Fayetteville Fire Administration wishes to Change the Design Criteria for this Rid No. 03-47, the Turnkey Project Cost Will Be Adjusted Accordingly. UNSIGNED BIDS WILL BE REJECTED BU)S MUST BE SEALED FAXED BIDS WILL NOT BE ACCEPTED NAME OF FIRM: PHONE NUMBER: FAX NUMBER: Air Cleanin Technolo ies Inc. 918 2 - 000 (918)_251977 J BUSINESS ADDRESS: CITY: STATE & '/AP: 1300 West Detroi Oklahoma 74012 SIGNATURE. OF At,THORIZED TITLE: Corporate Secretary DATE: 8-11-03 Am a r IM TERMS AND STANDARD CONDITIONS CRY OF FAYEITEVILLE. ARKANSAS PLEASE READ CAREFULLY I. When submitting an "invitation to Bid,' the bidder warrens that the commodities covered by the bid shall be free from defects in material and workmanship under normal use and service. In addition bidder must deliver new commodities of the latest design and model, unless other wise specified in the "Invitation to Bid' 2. Prices quoted are to be net prices. and when an error is made in exteadiag total prices, the City may accept the bid for the lesser amount whether reflected by extension or by the correct multiple of the unit price. 3, Discounts offered will be :akca when the City qualifies for such The beginning date for computing discounts will he the date of invoice or the dam of delivery and acceptance. whichever is later. 4, When bidding other than the brand and/or model specified in the"Invitation to Bid," the brand and/or model number must be satedby the item in the "Invitation in Bid," and descriptive literature be submitted with the bid. 5. The Cary reserves the right to reject any and all bids. 6. The Purchasing office reserves the right to award items. all or cone. or by line items (s). 7, Quality, time and probability of performance may be factors in malting an award. 8. Bid quotes submitted will remain fine for 30 calendar days from bid opening date; however, the prices may remain firm fora longer period of time if mutually agreeable between bidder and the City Purchasing Division. 9. Bidder must submit a completed, signed copy of the front page of the 'Invitation to Did' and must submit any other information required in the "Inviutinn to Bid". 10. In the evert a contract is entered min pursuant to the "Invitation to Bid," the bidder shall act discriminate against my qualified employee or qualified applicant for employment because of race. sea, color, creed. national origin or mecstry. The bidder most include in my and all subcontracts a provision similar to the above. 11. Sales or Use Tax is no: to be included in the bid price, but is to be added by the vendor to the invoice billing to the City. Although Use Tax is not to be included in the bid. vendors are to register and pay tax direct to the Arkansas State Revenue Deparanent. 12. Rica quoted shall be "Fine on Board- (FOB.) to destination at designated City facility in Fayetteville. Charges may ant be added after the bid is npena/. 13. In the event of two or more identical low kids, the contract may he awarded arbitrarily or for any reason to my of such bidders or split in any proportion between :.hem at the discretion of the Purchasing Division, 14. Specifications furnished with this invitation are intended to establish a desired quality or performance level, or other minimum dimensions and capacities, which will provide the best product available at the lowest possible price, other than designated brands and/or models approved as equal to designed products shall receive equal consideration. IS. Samples of items when required must be furnished free, and, if not called for within 30 days from dam of bid opening, will become property of the City 16. Bids received after stated time for opening will not be considered. I7. Guarantees and warranties should he submitted with the bid, as they may be a consideration it. making an award. IS CONSTRUCTION A. When noted, the Contactor is to supply the City with evidence of having and maintaining proper and complete insurance. specifically Workman's Compensation Insurance in accordance with the laws of the State of Arkansas. Public Liability and Property Damage. All premiums and cost shall be paid by the Contnetor, in no way will the City be responsible in ose of accident- B. A certified check or bid barxin the amount of 5% of total bid shall accompany bid. C. A Performance Bond equaling the total amount of any bid exceeding 520,000 must be provided for any contract for the repair. alteration or erection of any public building, public structure or public improvement (pursuant to Act 351 or 1953 as amended by Act 539 of 1979). 19. Liquidated Damages shall be assessed beginning on the first day following the maximum delivery or completion time enteredon the bid form and/or provided for by the plans and specifications. 20. Any ambiguity in any bid as the result of emission, error. lack of clarity or non-compliance by the bidder wnh specSiu:ions, instructions and all conditions of bidding shall be construed in the light most favorable to the Cary. 2!. The bid number should be stated or the ace of the sealed bid envelope. If it is not, the envelope will have to be opened to identify 0 NAME OF FILE: Resolution No. 139-03 w/agreement CROSS REFERENCE: Item # Date Document 1 08/28/03 Staff Review Form w/attachments draft resolution memo to Mayor invitation to bid proposed agreement copy of bid bond Oklahoma Surety Company Certificate of Liability Insurance copy of Contractors Licensing Board copy of Application for Certificate of Authority copy of Certificate of Good Standing copy of Certificate letter to Chris Bosch statement of warranty 2 09/19/03 memo to Chris Bosch NOTES: x AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM, • For the Fayetteville City Council Meeting of: SeptemberOth,2003 mss. 9%/6/ 3 /39-03 Chris Bosch Fire Operations Fire Department Name Division Department ACTION REQUIRED: Approve a resolution awarding a construction contract to Air Cleaning Technologies, Inc. in the amount of $107,176.00 to install an exhaust removal system for the Fayetteville Fire Department COST TO CITY: $107,176.00 Cost of this request 4470.9470.5801.00 Account Number S 113,000.00 Category/Project Budget Funds Used to Date Exhaust Removal System Program Category / Project Name Fire Operations Program / Project Category Name Project 03003 Number S 113,000.00 Remaining Balance General Fund Fund Name BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached REVIEW: STAFF RECOMMENDATION: z-°.3 Date _ Date Internal A itor Date Date Purchasing Manager Date Division Head Date ,9- - 'Y/? Department Director Date ,O3 Finance & Internal Services Dir. Date Date Cross Reference New Item: Yes No Previous Ord/Res#: Orig. Contract Date Orig. Contract Number C Description Comments: Budget Manager Accounting Manager Staff Review Form - Page 2 • Meeting Date City Attorney Co tti. h r Ay t a.t, h L, r.;. -.A Purchasing Manager ADA Coordinator Internal Auditor l er. i-rn n` Itici SLotS i Grants Coordinator Reference Comments: t RESOLUTION NO. 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. APPROVED: ATTEST: By: SONDRA SMITH, City Clerk By: 0 RP1 D DAN COODY, Mayor s • From the Desk of the Fire Chief Memo To: Mayor Dan Coody & Fayetteville City Council Front Chris Bosch, Fire Chief C!� Date: August 25, 2003 Re: Exhaust Elimination System Contract Introduction As you know, diesel engines are used by fire apparatus manufacturers to power these units in the most efficient and effective manner. Unfortunately, the use of diesel engines in fire apparatus presents the potential for fire fighter exposure to carcinogenic materials which are a byproduct of incomplete combustion created by these internal combustion engines. The soot, created by diesel engines, creates very small particles that can be inhaled and deposited in the lungs of fire fighters resulting in high levels of lung and other cancers. These particles carry cancer -causing substances known as poly -nuclear aromatic hydrocarbons (PAHs). Gasses in diesel exhaust, such as nitrous oxide, formaldehyde, benzene, sulfur dioxide, hydrogen sulfide, carbon dioxide, and carbon monoxide can also create health problems for fire fighter. Fire fighters are exposed to these by-products on a daily basis. This continued exposure is a result of the methods used for housing fire apparatus and the lack of adequate ventilation systems in fire stations. For years fire fighters believed that large open bays, with front and rear doors allowed for adequate passive ventilation; however, in 1988 the National Institute for Occupational Health and Safety (NIOSH)' found that long term exposure to diesel exhaust and the particulate matter created by these engines has significantly contributed to elevated levels of cancer in fire fighter. These elevated exposures also generate reductions in productivity by fire fighters and contribute to increased municipal and personal insurance premiums for all city employees. NIOSH Current Intelligence Bulletin 50 (1988) and NIOSH Guide to Chemical Hazards (1994) Current Status In an effort to reduce these exposures the Fire Department included the installation of an exhaust elimination system in its 2003 Capital Budget. This project was bid in July of 2003. Air Cleaning Technologies, Inc. of Tulsa Oklahoma was the successful bidder. The exhaust elimination system they install is the PtymoVent Vehicle Exhaust Removal System. This system encapsulates diesel exhaust by attaching a collector hose on the exhaust pipe of each apparatus and channeling the fumes and particles to a filtering system on the outside of the building. This system is used by numerous fire departments across the country, with great success and satisfaction. The total cost of this project is $107,176, which will provide for the installation of the system in Fire Stations 1, 2, 4 & 6. The cost of this project includes mechanical and engineering services, parts and labor. This purchase also includes a two-year warranty on all parts and labor for the system as well as any fire fighter training related to the use of the system. Completion of this project will take 90 days from the time construction begins. Recommendation Given the above listed information, as well as recommendations from references included in the bid packet, Staff recommends that Council approve a resolution providing the Fire Department with the ability to proceed with the installation of the PlymoVent Vehicle Exhaust Removal System. If you have any questions regarding this project I will be happy to answer them at your convenience. • Page 2 INVITATION TO BID CITY OF FAYETTEVILLE ARKANSAS GD •r ray tme,illt City R•a Suite 306 113 w Mouauin. F•lmPm4 AR 72701 OfM7SJn10 BID NUMBER: DATE ISSUED: DATE & TIME OF BID OPF,NTNQ_. Bid N 03-47 July 21,_2003 August 14, 2003 at 3.00 PM COMMODITY CLASSIFICATION: BUYER: Peggy Vice, DELIVERY REQUIRED: Vehicle Exhaust Removal System Purchasing Manager F.O.B. City of Fayettevifle BUYERS PHONE: RUDDERS DELIVERY DATE: 479/575-8289 To install vehicle exbaust removal system as per attached specifications in the following Fire Stations ..'I •Ffrb Ssidon)•lalne 'Dtoys ': Amount; ....... Fire Stntbn Name Dre[K- , Amonm I. Ceoiinl fi a (F2rc Sutton al ) a s �. Fuc Slatioap2" 1 S 3 FyeSuticUAa,, 2. S 40.960. ) 4 :Fug Su2im)a6 ,' - 1'..' S 22,668. )0 Total Bid S 107 .176.00 * One hundred seven thousand, one hundred seventy-six dollars and no cents Arkansas Contractor's License Number: 0137430304 Items that MUST accompany your bid are: • This invitation to bid. • A contractor's license numbs • A 5% Bid Bond, Certified or Cashiers Check. • References as described in 1.06 of the specifications. • A copy of the equipment manufacturer's ISO 9001 Certification of Quality Assurance (as described in 1.03 of the specifications). • U L Laboratory test documentation on the upper flexible hose as per 2.01.1 in the Specifications. Proof of Liability and Workers Comp Insurance must be provided by the successful bidder. A 100% Performance and Payment Bond will be required of the successful bidder. A mandatory walk tbru will be held beginning at Central Station of 303 West Cenitr Street,Fayetteville Arkansas; Aogust 6th, 2003 at 10100 A.M. For additional Information contact Gregg Riiey at479-57583651 Bid will be awarded to the firm submitting the lowest Total Bid meeting Bid Specifications and requirements. EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal including specifcaions, conditions and pertinent information regarding the articles being bid on, and agree to furnish these articles at the price stated. Air Cleaning Technologies, Inc. acknowledges and agrees that if the City of Fayetteville Fire Administration wishes to Change the Design Criteria for this Bid No. 03-47, the Turnkey Project C Will B Ad' red Accordin 1 osc t e us UNSIGNED BIDS WILL BE REJECTED BUDS MUST BE SEALED FAXED BIDS WILL NOT BE ACCEPTED NAME OF FIRM: PHONE NUMBER: FAX NUMBER: Air cleaning Technologies, Inc. (918) 251- - - BUSINESS ADDRESS: CITY: STATE&ZIP: 1300 West Detroit Broken Arrow Oklahoma 74012 SIGNATURE OFAUfHORIZED TITLE: Corporate Secretary DATE: 8-11-03 NAME OF FIRM: PHONE NUMBER: FAX NUMBER: Air PERSO ' 4 C - TERMS AND STANDARD CONDITIONS CITY OF FAYETTEVILLE. ARKANSAS PLEASE READ CAREFULLY I. When submitting an "invitation to Bid," the bidder warrants that the commodities covered by the bid shall be Gee from defects in material and worlananship under normal use and service, In addition bidder must deliver new commodities of the latest design and model. unless other wise specified in the "Invitation to Bid' 2. Prices quoted are to be net prices, and when an error is made in extending total prices, the City may accept the bid for the lesser amount whether reflected by extension or by the correct multiple of the unit price. 3. Discounts offered will be taken when the City qualifies for such The beginning date for computing discounts will be the date of invoice or the date of delivery and acceptance, whichever is later. 4. When bidding other than the brand and/or model specified in the "Invitation to Bid'the brand and/or nsodel number must be stated by the iwit in the "Invitation to Bid." and descriptive literature be submitted with the bid. 5. The City reserves the right to reject any and all bids. 6. The Purchasing office reserves the right to award items. all or none. or by line items (s). 7. Quality, time and probability of performance may be factors in making an award. S. Bid quotes submitted will remain firm for 30 calendar days from bid opening date; however, the prices may remain faro fora longer period of time if mutually agreeable between bidder and the City Purchasing Division. 9. Bidder must submit a completed, signed copy of the fmat page of the "Invitation to Bid," and must submit any other mfonation required in the "Invitation to Bid". 10. In the event a contract is euie:ed into pursuant to the'Invitatioe, to Bid." the bidder shall no; discriminate against any gualiGed employee or qualified applicant for employment because of race, sex, color, creed, national origin or ancestry. The bidder must include in any and all subcontracts a provision similar to the above. II Sales or Use Tax is not to be included in the bid price, but is to be added by the vendor to the invoice billing to the City. Although Use Tax is not to be included In the bid, vendors are to register and pay tax direct to the Arkansas State Revenue Department. 12. Prices quoted shall be "Free on Board' (F.O.B.) to destination at designated City facility in Fayeueville. Charges may not be added after the bid is opened. 13. In the event of two or mom identical low bids, the concoct may be awarded arhivardy or (or any reason to any of such bidden or split in any proportion between them at the discretion of the Purchasing Division. 14. Specifications furnished with this invitation am intended to establish a desired quality or performance level, or other minimum dimensions and opacities. which will provide the best product available at the lowest possible puce, other than designated brands and/or models approved as equal to designed products shall receive equal considemtmn. IS. Samples of items when required must be furnished free, and if not called for within 30 days from date of bid opening, will become property of the City 16. Bids received after stated time for opening will not be considered. 17 Guarantees and warranties should be subimued with the bidas they may be a consideration in making an award 15. CONSTRUCTION A. When noted, the Contractor is to supply the City with evidence of having and maintaining proper and complete insurance, specifically Workman's Compensation Insurance in accordance with the laws of the State of Arkansas, Public Liability and Property Damage. All premiums and cost shall be paid by the Contractor in no way will the City be responsible in use of accident. B. A certified check or bid bond in the amount of 5e,/. of total bid shall accompany bid. C. A Performance Bond equaling the total amount of any bid exceeding S20.000 must be provided for any contact for the repair. alteration or erection ofany public building, public stmcture or public improvement (pursuant to Act 351 o: 1953 as amended by Act 539 of 1979). 19. Liquidated Damages shall be assessed beginning on the rust day following the maximum delivery or completion time entered on the bid form and/or provided for by the plans and specifications. 20. Any ambiguity in any bid as the result of omission, error, lack of clarity or non compliance by the bidder with specifications. msouctions and all conditions of bidding shall be construed in the light most favorable to the City. 21. The bid number should be saved on the face of the sealed bid envelope. If it is not, the envelope will have to be opened to identify. A signed copy of contract will be provided prior to *ncil Review 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 day of in the year 2003 by and between the City of Fayetteville, having an address of 113 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: 1.1 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 CON'IRAC'I' 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, 1-IVAC 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 I I El 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: griley@ci.fayetteviIle.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 II as penalty, AIR CLEANING TECHNOLOGIES, INC. shall pay CITY OF FAYETTEVILLE two hundred and fifty dollars ($250.00) per calendar day for each calendar 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 the WORK in accordance with the CONTRACT DOCUMENTS in current funds the lump sum CONTRACT PRICE of ONE HUNDRED SEVEN THOUSAND ONE HUNDRED SEVENTY SIX dollars and NO cents ($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 be 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 payments 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 (10%) 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 the 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. Agreement for Installation of Vehicle Exhaust Removal Systems Page 3 of II 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 he 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: 1) 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 II 11 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 Bidden. 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 received 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 II 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. concerning 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 those 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 are 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 II 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 be 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 II 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 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 "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. 8.20 AIR CLEANING TECHNOLOGIES, INC. will not discriminate against any employee or applicant for employment because of race, creed, color, disability or national origin. AIR Agreement for Installation of Vehicle Exhaust Removal Systems Page 8 of II CLEANING TECHNOLOGIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and agrees to post in conspicuous places, available to employees, such notices as may be provided by the CITY OF FAYETTEVILLE setting forth the provisions of this non-discrimination clause. 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 arc 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 the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 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. Agreement for Installation of Vehicle Exhaust Removal Systems Page 9 of ii 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 the City in amounts not less than five hundred thousand dollars (S500,000) 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. [Signatures follow on next page.] Agreement for Installation of Vehicle Exhaust. Removal Systems Page 10 of 11 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. CITY OF FAYETTEVILLE: By: Dan Coody, Mayor DATE: ATTEST: Sondra Smith, City Clerk DATE: 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(ci.fayetteville.ar.us By: Title: DATE: ATTEST: DATE: Address for giving notices: Phone Mobile Fax Email Employer ID Number: END OF SECTION Agreement for Installation of Vehicle Exhaust Removal Systems Page II of 11 CONTRACTOR: Bond No. BID BOND The American Institute of Architects, ALA 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, are held and firmly bound unto The City of Fayetteville AR as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Dollars ($---5'X°----- ), for the payment 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 systems at fire stations, 1, 2, 4 & 6. Bid No. 03-47 Installation of vehicle exhaust NOW, THEREFORE, if the Obligee shall accept the bid 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 thereof, 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 scaled this 14th 3.0 Witness JULIA F. VECUER, BUSINESS OFFICE MANAGER AIR CLEANING TECHNOLOGIES, INC. 800-351-1858 day of Air Cleaning Technologies, Inc 2063 Principal (Seal) J By: ItlOtrlY OORPORATE'SECRETARY Name/TIEIc AIR CLEANING TECHNOIAGLFS, INC. 1300 WEST DETROIT BROIZR]J ARROW, OR 74012 Oklahoma Surety Company Surety (Seal) By Robbie Loyd Attorney -in -Fact OKLAHOMA SURETY COMPANY 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 city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company, to -wit Section 10, Article IN, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name 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 Chairman 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 Haverfield, Ann Hopkins and Robbie Loyd, individually of TULSA, OK ,its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, acid as its act and decd, Any and all bonds and undertakings of Suretyship - - And the execution ofsuch 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 thesame had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, '., - OKLAILOMA SURETY COMPANY - has executed and attested these '! ".r presents this '. 16 ' .. day of June' ; :` 2003 ATTEST: SARA ANDS SO a' ASSIS'1SGCR!•'1'ARY' - TODD AZATA VICE PRESIDENT On this '. 16 day"of June 2003 before me, a Notary Public of the State of Oklahoma in and for the County. of Tulsa,'came 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 isthe therein described and authorized officer of the :OKLAHOMA SURETY COMPANY aforesaid, and that 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 diiection of the said Company, and that \64asldIWs action 10, of the By -Laws of said Company, referred to in the preceding instrument, is now in force. .p'( Sc "1C t(s10N \ jil?'foF, 1 have hereunto set my hand and affixed my official seal at the City of'I'uba, the day and year first above wrinrn v':' OTA r ''7`K�rrrr• �L��.. i- -- Commissiont 00018867 I - PTA Ice WIJaH c My Commission expires 11-14-04 s• •fM. ANO FFst n ss L FAY SCOTT Notary Public .•pry•ll u(Ippd , I :SARA ANDERSON . -Assistant Secretary of OKLAHOMA SURETY COMPANY do 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 binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, I have hereunto set my hand and- affixed the facsimile seal of said corporation ,.° cUAf j this 14th dayor August 2003. ; t ° = SARA ANDERSON i{ Assistant Secretary 1 J , • _ jJ • F ,Isms ••gl(gH1�,.• lu ..... \, N\•\ .; aN0JNA34d CSR RL DATE(MMMONYYY) aeoRD_ CERTIFICAT OF LIABILITY INSURAN AIRCL-1 08 07 03 PRO.')UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RICH & CARTMILL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 51st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. •'lsa OK 74105 I Jne:918-743-8811 Fax:918-744-8429 INSURERS AFFORDING COVERAGE INAIC0 INSURER A'. St Paul Fire & Mar INSURER B American Mercury I. Air CleaningTechnologies Inc INSURER c. Westport Insurance 1300 W Detroit INSURER O. Broken Arrow OK 74012 - INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK)O 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 HEREN IS SUBJECT TO AIL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RF.DIJCED BY PAID CLAIMS LTR INSR TYPE OF INSURANCE POLICY NUMBER POIJCY EFFECTIVE DATE YMIDD P RATE MYADIYY bCiCY EXPIRATION LIMITS GENERAL LIABIUTY I EACH OCCURRENCE $ 1000000 A X CAAUALRCNL GENERAL LIABILITY Li CLAIMS MADE u OCCUR CR03504966 08/01/03 08/01/04 $100000 PREMISES( -awn _ence) IXEDFXP(Myone person) $5000- PERSONAL & ADV INJURY __- $1000000 GENERAL AGGREGATE S 2000000 AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMP/OP AGG $ 2000000 POLICY "J'LRT F. LOC I jGENL B I AUTOMOBILE LIABILITY ANY AUTO CLP7000995 03/28/03 03/28/04 COMBINED SINGLE LIMIT (Ed ami I $ 1000000 X BODILY INJURY (Per perm) $ — ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY I (Ppr ecoeenl) HIRED AUTOS NON -OWNED ADIOS PROPERTY DAMAGE I$ (Pero cnI) —. __ GARAGE UABIUTY I I AUTO ONLY-EAACCIDENI S 1 ' ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY AGG EXCESSNMBRELLA LIABIUTY I EACHOCCURRENCE $ 5000000 A X OCCUR ❑ CLAMS MADE CK03504966 08/01/03 1 08/01/04 AGGREGATE $ 5000000 $ DEDUCTIBLE. S X RETENTION $10000 5 C WORKERS COMPENSATION AND EMPLOYERS' LIABJUTY ANY PROPRIFTOR/PARTNC WE%ECUI N[ WCX0009302 03/23/03 03/23/04 I X TTOORRYY LIMITS I ER_ L EL EACIIACCID-NT - .._ .. s 500000 $ 500000 ..__ _ $ 5 0000 0 OFFICERJMEMBER EXCLUDED? II aes�oe wWG SPECIAL PROVISIONS Mlpw ---_ .._-.-..__-_-.__ EL. DISEASE FAEMPL0YEE� E L. DISEASE POLICY LIMA OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYPAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL - - - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 113 W Mountain Fayetteville AR 72701 REPRESENTATIVES. 1108) - m ACORD CORPORATION 1988 cense No. 0137430304 State of Arkansas Contractors Licensing Board AIR CLEANING TECHNOLOGIES, INC. 1300 W DETROIT BROKEN ARROW, OK 74012 his is to Certify That AIR CLEANING TECHNOLOGIES, rNC. 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 W111 LUIC IVIliiWiug aaggcJtli a.0 UJ� 1Aasa: UNLIMITED from May 23, 2003 until March 31, 2004 when this Certificate expires. Witness our hands o/the Board, doted at Little Rock. Arkansas. 7t42:' � ,��` I CHAQLYIAN SECRETARY May 23, 2003 Charlie Daniels SECRETARY CF STATE To All to Whom These Presents Shall Conic. Greetings: I, Charlie Daniels, Secretary of State of Arkansas. do hereby certify that the toIIow;ug and hereto attached instrument of writing is a true and perfecopy of Application for Certificate of Authority of AIR CLEANING TECHNOLOGIES, fNC. fii::d in :ms oince June I , 2003 to be :. Furcigtt For Profit Corporation te,mcd andcr the :aws cf the State of Oklahoma. further certify that said Foreign For Profit C?rporation, having coinplicd with all s:atutory rtauireIIments in the State of Arkansas, is qualified to transact busiaess in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Donc at. my office in the City c LiCde Rock, this lath day of June 200 Secretary of State OFFICE OF THE SECRETARY OF STATE G 0 CERTIFICATE OF GOOD STANDING DOIIESTIC CORPORATION I THE UNDERSIGNED, Secretary of State of the Stare of Oklahoma, do hereb1, certify that I am, by the laws of said stare, the custodian of the records of the state of Oklahoma relating to the right of certain business entities to transact business in this stare and am the proper officer to execute this certificare. I FURTHER CERTIFY that AIR CLEANING TECHNOLGIES INC , is a corporation duly organized and existing tinder and by virtue of the laws of the state of Oklahoma and is in good standing according to the records of this office. This certificate is not to be construed as an endorsement, recommendation or notice of approval of the entity's financial condition or business activities and practices. Such information is not available from this office. ;> 190, IN TESTIMONY WHEREOF, I have hereunto set nry hand and caused to be affixed the Great Seal of the State of Oklahoma at tire City of Oklahoma Ciro, this pith day of June, 2003 By This is to certify that the Quality System of P1ymoVent AB h&'flct efl development and manufacture of equipment for industrial ventilation and filtration as well as extraction of vehicle exhaust in fixed installations has been farad to conform to SS -FN ISO 9001 Certificate No 347 A2 is Certifiering ,c tC cv% rald Rach Managing I)irecuu 1_41 FN 45 012 AB BengtFranssoa Manager Ccrtiflzation SIS Certificrir.g A3 is a member of EQNct,. the International Certification Network r 1300 West Oeuo.t SI &oken Mow. OK 74012 CF'CE 918.251.8000 'v 918.251.4977 800-351.1858 ,wnq audeanin01ed1eom aircleaning TECHNOLOGIES Chief Chris Bosch City of Fayetteville Fire Department 303 West Center Fayetteville, Arkansas 72701 RE: TRAINING Air Cleaning Technologies, Inc. commits to provide initial training and support with regard to the operation and maintenance of PlymoVent's Diesel Exhaust System for all fire fighters and other employees. In addition, we will provide two (2) videos which describe both the features and proper operation of the PlymoVent Sliding Balancer Track and Straight Rail Assembly Systems. Our objective is to create a long term satisfied customer by providing thorough training and ongoing service maintenance. to J Lwv-kj u Monty D. Duncan Municipal Sales & Project Management 6/ MDD/ls • 1300 west Detroit St Broken Nrow. Ox 74012 arms 918-251 8000 FM 918.2514977 800.3511858 wnw anUcaningtecn Mm aircleaning TECHNOLOGIES STATEMENT OF WARRANTY PlymoVent and Air Cleaning Technologies, Inc. provide the following warranty for parts and labor to the City of Fayetteville Fire Department Stations Central Fire (Fire Station # 1), # 2, #4 and #6 Vehicle Emissions Exhaust Systems. All PlymoVent products arc warranted by the PlymoVent Corporation of 375 Raritan Center Parkway, Edison, New Jersey 08837; Phone #732-417-0808, against manufacturer defects for a period of two (2) years from the date of substantial completion. PlymoVent and Air Cleaning Technologies, Inc. at their own discretion will repair or replace any or all defective parts for two (2) years and labor for one (1) year to allow system to operate in accordance with design specifications. This warranty does not include damage to system or any parts due to misuse, misapplication and/or abuse of entire system. JM MONTY D. DUNCAN, CORPORATE SECRETARY AIR CLEANING TECHNOLOGIES, INC. 1300 WEST DETROIT BROKEN ARROW, OKLAHOMA 74012 800-351-1858 FAYETTEVI I!LE THE CITY W EAYETYEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Chris Bosch Fire Operations From: Clarice Buffalohead-Pearman PU City Clerk Division Date: September 19, 2003 Re: Res. 139-03 Attached please find an executed copy of the above referenced resolution passed by City Council, September 16, 2003 awarding Bid 03-47 to Air Cleaning Technologies, Inc. Also attached are two originals of the sign contract. The original resolution and one original contract will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know /cbp cc: Nancy Smith, Internal Auditor