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HomeMy WebLinkAbout150-03 RESOLUTION• • RESOLUTION NO.150-03 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF NINETY-FIVE THOUSAND DOLLARS ($95,000.00) TO MULTI - CRAFT CONTRACTORS, INC. FOR REPAIRS TO THE EFFLUENT FILTERING SYSTEM AT THE NOLAND WASTEWATER TREATMENT PLANT; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) FOR SAME. WHEREAS, the effluent filtering system at the Noland Wastewater Treatment Plant is an essential component to ensure compliance with the City's NPDES permit; and, WHEREAS, said system has experienced multiple failures in recent months, warranting immediate repairs; and, WHEREAS, A.C.A. § 19-11-203 and its subsidiary regulations exempt such repairs from the formal requirements of the competitive bidding process. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a contract in the amount of Ninety -Five Thousand Dollars ($95,000.00) to Multi -Craft Contractors, Inc. for repairs to the effluent filtering system at the Noland Wastewater Treatment Plant. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of Five Thousand Dollars ($5,000.00) for same. PASSED and APPROVED this 7th day of October, 2003. pYEtrek Iiso%t,.>e y astidost Ain,.. SONDRA SMITH, City Clerk APPRO By: DAN COODY, Mayor • • CONTRACT EMERGENCY EFFLUENT FILTER REPAIRS NOLAND WASTEWATER TREATMENT PLANT FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into the lillday of 0010111dl' by and between the City of Fayetteville, County of Washington, Arkansas, and Multi -Craft Contractors, Inc, Springdale, hereinafter called the Contractor. WITNESSETH THAT: 2003, State of Arkansas, WHEREAS, the City of Fayetteville has waived competitive bidding for emergency repairs on technical equipment at the Noland Wastewater Treatment Plant in accordance with Arkansas Purchasing Law (19-11-103), and has secured what is deemed a reasonable and competitive proposal for the rehabilitation of sever effluent filter cells in accordance with the Filter Cell Rebuild Requirements (attached) and the September 23, 2003 proposal from Multi -Craft Contractors, Inc. (attached), all of said materials having been approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the the Contractor is deemed and qualified provider Improvements; non-competitive solicitation and negotiation, to be a reasonable, responsible, competitive for the emergency construction of said NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete the construction of: Rehabilitation of seven (7) effluent filter cells at the Noland Wastewater Treatment Plant in accordance with the specifications titled " Filter Cell Rebuild Requirements" (pages 1 through 7) and Multi -Craft Proposal dated September 23, 2003 titled " Sand Filter Rebuilds *REVISED QUOTE*" (page 1 of 1) in accordance with the proposal schedule, plan drawings, the contract documents including the project specifications, including all Work required for a complete and acceptable installation, for the lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being NINETY FIVE THOUSAND DOLLARS AND 00/100 words ( $95,000.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor shall be required to furnish 100% Performance and Payments Bonds and a Certificate of Insurance prior to the issuance of a Notice to Proceed. The Bonds shall be written by an approved surety, the insurance certificate shall include: property, personal injury, workman compensation insurance coverage and general liability in statutory coverage amounts. The insurance certificate shall list the City of Fayetteville as an additional insured and as a certificate holder. • • The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within seventy (70) calendar days. Time of completion will be subject to discretion of the Wastewater Plant operations, as loading conditions or operational considerations may require staging, segmenting or delaying portions of the work. The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after completion of each station, and in accordance with the bid Specifications, the City of Fayetteville will make payments to the Contractor for work performed , based upon the project manager's approval of work completed, said invoice being certified by the Contractor and accepted by the City of Fayetteville. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the City of Fayetteville until final completion and acceptance by the City of Fayetteville. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages City of Fayetteville would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage City of Fayetteville would sustain in related costs. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the City of Fayetteville or of the City of Fayetteville's employees, or by any other Contractor employed by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Project Manager shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Project Manager may decide. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Project Manager. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the City of Fayetteville, then the City of Fayetteville shall have the option of 1) declaring this contract at an end, in which event the City of Fayetteville shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the • a • • contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said City of Fayetteville may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by City of Fayetteville in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. The contractor shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub - subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: " According to Arkansas Law, it is understood that no liens can be filed against public property if a valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with The contractor shall have each subcontractor; sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor, sub -subcontractor or material supplier. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A. 25-19-101 et. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance." Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of performance or nonperformance of the services or subject matter called for in this contract, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and seals, respectively. Multi -Craft Contractors, Inc Cit of etteAlle A kansas By: R1 ♦ �. B *If corporation, secretary should attest. City C er , Sondra m OL: okia • Multi -Craft Contractors, Inc. September 23, 2003 Thom Rinson OMI Fayetteville AR cc: David Leonneke RE- Sand Filter Re -Builds - *Revised Quote* Phone: 479.7514330 Fax 479.7514399 Post Office Box 176C 2300 Lowetl Road SWttipde1e. AR 72765 Proposal based upon the owners written requirements. This proposal is for the cleaning of (7) seven each sand filter cells. Our proposal includes: Labor and equipment for sand removal and pressure washing of the cell and associated components. .After washing, a new stainless steel screen will be provided as well as new sand. All old sand will be disposed of on site. Screen: .040, 40 mesh, 40 micron 313 stainless screen Total Revised Value: $95,000.00 Scheduling: We can start 3 weeks after award of contract. All labor is based on Monday — Friday, regular time. If you have any questions, please don't hesitate to call me at 751-4330. Thank you, nno Dennis Kelly Executive Vice President DK;pap N MKeI ly. M isc 1??11. Srtad.Fi iter. Kehu Us. keviecd.9.22.03-02 • • • Filter Cell Rebuild Requirements I. Hardware and Materials specifications. A. All hardware shall be of high quality stainless steel. 1. The all thread stud material shall be 5/8 -inch by 11 stainless steel. a) The studs shall be cut to size and a 5/8 -inch by 11 stainless steel nut shall be welded to one end of the stud. 2. The nuts shall be 5/8 -inch by 11 stainless steel. 3. The flat washers shall be 5/8 -inch stainless steel. 4. If coupling nuts are required, they shall be 5/8 -inch by 11 stainless steel. B. The filter screen material shall be stainless steel and identical to the new installed filter screens. 1. The screen specifications shall be: a) 316 stainless steel, wire size .040, 40 mesh, 40 microns, cross -weave and interwoven b) The screen width shall be 60 inches wide and cut to size. The screen length shall be 16 feet long and cut to size. 2. Screen samples and current vendor information is available. 3. The selection of the filter screen material shall meet the approval of the owner's operations representative. C. The Rubber gasket material shall be neoprene. 1. The short neoprene rubber gasket shall be 5 feet long by 31inches wide by 1/8 -inch thick. This is trimmed to size after installation 2. The long neoprene rubber gaskets shall be 16 feet long by 3,inches wide by 1/8 -inch thick. This is trimmed to size after installation. D. The filter sand shall meet the specifications of the owner's operations representative. I1. Remove the Filter from active service. A. Prepare filter for out of service status. 1. Contact the Operator on Duty. 2. Place the Filter out of service. 10/03/03 2:29 PM File: FserverlpublFiltets2003Tilter Rebuild Requirements. doc 1 of • • 3. Place Inlet valve control switch to the "Closed" position. a) The inlet valve control switch is a "Closed -Open -Auto" switch located on the top panel of the control cabinet for the selected filter. 4. Backwash the filter 2 to 3 times. a) The backwash will clean the filter equipment and sand before beginning work on the filter. Coordinate this with the Operator on duty. 5. Verify that the Mud Trough valves are closed. a) Visually check that the valves have rotated closed. Look down the channel. B. Deactivate the solenoid control valves air supply. 1. Turn off the air supply. a) The air supply valve located in lower cabinet on the side of filter's control valves. III. Disassembly A. Remove the center Air pipe assembly. 1. Disconnect the union on the vertical section of the pipe. 2. Remove the air pipe cross supports. 3. Remove the air pipe as one assembly. 4. Store air pipe in a safe location to minimize chance of damage. B. Remove the splash panels on each side of the channels. 1. Loosen the securing bolts on the bottom of the horizontal mounting tubes attached below the channel. 2. Slide the splash plates out of the mounting tubes. a) At times this requires a pry bar, hammer and drive dowel. C. Remove all of the old sand. 1. Remove the old sand from the filter cell. a) All of the sand shall be removed during the disassembly and repair process. The major amount of sand shall be removed before the support structures and filter grates are removed. D. Remove 1 -beams that are securing the filter grates. 1. Remove the nut and washer on the I-beam support studs. a) The nuts and washers shall be carefully removed from the 1 - beam support studs. The studs shall be reconditioned and reused. 10/03/03 2:29 PM File: FserverlpublFilters20031Fitter Rebuild Requiremenis.doc 2 of 7 • • • b) If the nut is jammed or frozen on the stud, the stud shall be cut with a saw to facilitate removal of the I-beam. (1) A new stainless steel all thread stud shall be fabricated and reinstalled during the rebuild and repair process 2. Remove the I-beam. a) Caution shall be exercised during the I-beam removal process to limit stud thread damage. E. Remove the screen hold-down grates. 1. Remove the screen hold-down grates from the screen area. 2. Clean any sand from the grid openings of the grate. F. Remove the filter screen hold-down bars. 1. Remove the securing hardware bolts on the short angle iron screen hold down bars. a) The old rusted iron nuts shall be removed in order to extract the securing bolts. (1) It may be necessary to cut the securing bolt for the removal. b) Replace the securing bolt with a new stainless steel all thread securing bolt and place one stainless steel nut above and one below the securing brace clip. G. Remove old screen and rubber gasket material. 1. Pull up the old screen and remove the old filter gasket material. a) Dispose of the gasket material on the screen and frame. b) Roll up the old screen and save it as a pattern for the new screen. The new screen shall be cut to size. IV. Rebuild and Repair A. Recondition the all -thread studs that hold down the l -beams. 1. The old rusted iron nut or remaining residue shall be removed from the all -thread stainless steel I-beam mounting stud. 2. The threads shall be cleaned and restored to proper condition. a) Use a wire brush on the threads to remove any debris. b) Recondition the threads using a 5/8 -inch by 11 die. Run this die all the way to the bottom of the stud. 3. The I-beam hold down stud's physical mounting shall be inspected. 10/03/03 2:29 PM File: Fserverlpublbilters10031Fitter Rebuild Reyuirements.doc 3 of 7 • a) Extremely loose studs shall be secured with the use of grouting or epoxy based filler after the stud is secured with the new stainless steel washer and nut assembly. 4. The I-beam hold down stud shall be replaced if required. a) Remove the loose or damaged stud by chipping out the concrete grout under the securing metal clip imbedded into the concrete support. b) Clean excess concrete or grout from under the clip to allow the installation of s new stud with a stainless steel nut welded to bottom end. c) Place the welded nut end of the stud under the metal clip. d) On the installed stud, place a new stainless steel washer on the stud and run a new stainless steel nut to the bottom of the stud and secure stud to the metal clip imbedded into the concrete support. e) Grout or epoxy based filler shall be used to fill the void under the metal clip to secure the stud. 5. Install stainless steel washer and stainless steel nut. a) Place a new stainless steel washer on the stud and run the new stainless steel nut to the bottom of the stud and secure stud to the metal clips imbedded into the concrete support. B. The water director screen sub panels shall be inspected and repair as needed. 1. Cracks and damage to the water director screen sub panels shall be repaired as required. a) The use of correct adhesive and stainless steel hardware shall be required. V. Assembly A. Clean the screen base frame. 1. All sand and debris shall be removed from the screen frame and surrounding areas. B. Install the neoprene rubber gasket material. 1. The new rubber neoprene rubber gaskets shall be trimmed to size after the installation of the filter screen and hold down brace and hardware. C. Install the screen. 1. The new screen shall be cut to size based upon the old screen that was removed from the specific screen area. 10/03/03 2:29 PM File: FserverlpublFilters20031Filter Rebuild Requirements.doc 4 of 7 • • • • 2. The new screen shall be rolled out over the gasket material and smoothed flat. 3. The long angle iron screen hold-down braces shall be placed on each long side of the screen. a) Caution shall be used to make sure that the screen, gasket, and hold-down brace are over the angle iron base frame secured in the concrete supports. 4. The short angle iron screen hold-down braces shall be installed at each short end of the screen. a) The short brace shall be inserted under the hold-down brace clips and secure the long angle iron hold-down braces. b) Install the securing bolt and nut through the hole in the hold down brace clips. (1) The top nut shall be tightened against the bottom nut to secure the bolt after the bolt has secured the short angle iron filter hold-down brace. D. Install the screen grates. 1. The screen grates shall be reinstalled upon the screens in the proper position. E. Install the I -beams. 1. The I -beams shall be installed over the hold-down studs and on the tops of the screen grates. a) The long screen hold-down angle iron braces shall be aligned as needed to insure that the I -beam's securing tabs make sufficient contact. 2. A new stainless washer and new stainless steel nut shall be used to secure the I-beam to the hold-down studs. a) The tightening process shall alternate from one end of the 1 - beam to the other end of the 1 -beam until the assembly is evenly secured. b) The installation shall be inspected and readjusted as needed to properly secure the screen grates and long angle iron screen hold-down braces. F. All installation shall be inspected. 1. All hardware installation shall be inspected and adjusted as needed. a) All nuts shall be checked for proper tightness. b) Any hardware or equipment found loose or found defective shall be adjusted, repaired, or replaced. 10/03/03 2:29 PM File: Fserver'Vniblhhers20031Fther Rebuild Requirements.doc 5 of 7 • • G. New sand shall be placed in the filter. 1. New sand shall be placed in the filter and leveled smooth. H. The protective splash plates shall be reinstalled. 1. The mounting tubes attached under the channel shall be cleaned before the plates are installed. This procedure will facilitate the installation process. 2. Insert the splash plates into the mounting tubes. 1. Install the center air pipe assembly. 1. The center air pipe shall be lowered into the filter cell. a) The air pipe shall be secured using plastic pipe supports between the channels. (1) The support pipes shall be wedged between the channel and the splash plates. b) The center air pipe is attached to the support pipes using large tie wraps. 2. Attach the union fitting on the vertical air pipe. VI. Place Filter in service A. Notify the Operator on duty. 1. The Operator on duty shall be present during this process. B. Activate the solenoid control valves air supply. 1. Turn on the air supply. a) The air supply valve located in lower cabinet on the side of filter's control valves. C. Confirm that the inlet valve shall remain closed during backwash. 1. Place Inlet valve control switch to the "Closed" position. a) The inlet valve control switch is a "Closed-Open-Auto"switch located on the top panel of the control cabinet for the selected filter. D. Initiate two to three backwash sequences an required. 1. The new filter shall have two or three backwash sequences preformed to clean the dust from the new sand. E. Open inlet valve and place filter cell in service. 1. Place Inlet valve control switch to the "Auto" position. 10/03/03 2:29 PM File: FserverlpublFilters20031Filter Rebuild Requirements.doc 6 of 7 • • a) The inlet valve control switch is a "Closed -Open -Auto" switch located on the top panel of the control cabinet for the selected filter. 10/03/03 2:29 PM File: FserrerlpublFilters2003Tilter Rebuild Requirements.dnc 7 of 7 • NAME OF FILE: Resolution No. 150-03 w/Contract CROSS REFERENCE: Item # Date Document • 1 09/24/03 memo to Mayor/City Council staff review form w/attachments draft resolution memo to Duyen Tran proposed contract Multi -Craft Contractor's revised quote NOTES. 10/14/2003 Arkansas Statutory Performance & Payment Bond Rider Power of Attorney Certificate of Liability Insurance • i20e /0/7/a3 City Council Meeg of October 7, 2003 /50-03 Agenda Item Number .fig CITY COUNCIL AGENDA MEMO Mayor and City Council Thru: Hugh Earnest, Chief Administrative Officer From: Greg Boettcher, Water/Wastewater Director Date: September 24, 2003 Subject: Resolution approving a contract with Multi -Craft Contracting for emergency repairs to the effluent filtering system at Noland Wastewater Plant. RECOMMENDATION Fayetteville City Administration recommends approval of an authorization totaling S100,000.00, said amount including a contract with Multi -Craft Contracting, Inc. of Springdale, Arkansas in the amount of 595,000.00 plus a contingency in the amount of S5,000.00. BACKGROUND The Noland wastewater Treatment Plant includes ten effluent filter cells providing the final polishing of wastewater before release to the receiving streams. These units were constructed in 1988 and have been in constant service since said date. In recent months, the plant operations have experienced failures in the filter media support systems, causing loss of filter performance and media. At first this was demed an isolated incident; however, to date three of the units have failed, the most recent replacement unit rebuild being completed this month. It is evident that the remaining seven filter units are in a similar condition and may be expected to experience similar failures in the very near terns. The filtering process is an essential component of the wastewater plant, as filtration is necessary to meet the effluent limits set forth in the city's current NPDES discharge permit. The recognition of this potential threat to treatment plant compliance is an esculated concern due to the nearing rainy season during which all filtering units must be in service to process the high wet weather flows. Due to the imminent threat to operations, the possibility of effluent limit violation and the escalating patterns of failure; rehabilitation of the remaining filter cells is a very high priority need of the Fayetteville Wastewater Treatment Facilities. DISCUSSION fhe rehabilitation of the existing three filter cells have been accomplished by OMI using plant labor, operation/maintenance budgets and completion of repairs as fill-in work. This prior work has invovled one -at -a time failures over multple months, rendering time less 1 • City Council Meegg of October 7, 2003 Agenda Item Number of a consideration. The collective rehabilitation of the remaining seven filter cells is a major undertaking outside the scope of OMI's agreement and beyond their current resouces. This activity is classified as an emergency capital improvement project, for which an outside contractor must be retained. As a measure of probable costs, OMI did dcvlcop an estimate of cost for rehabilitation of the remaining sewen filter cells, said estimate being S90,993.93. A set of contact specifications for the work, materials, schedules and constraints was developed reflecting OMI's accumulated experience with three units and knowledge of plant operations. These specifications were created to enable the subsequent solicitation of proposals. Under State of Arkansas Procurement Law, Section 19-11-203, the maintenance of technical equipment (such as wastewater treatment plant effluent filters) is exempted from competitive bidding. Furthermore, due to the specialized nature of the work, the interaction/coordination with delicate wastewater plant operations and the emergency nature of this need, the waiver of competitive bidding requirements is deemed to also meet the City of Fayeteville's criteria for waiver of bidding. Accordingly, OMI has contacted Multi -Craft Contracting, Inc. to provide a proposal for the engineering filter rehabilitation and has negotiated a lump sum price of 595,000.00 for completion of the filter rehabilitation in accordance with the specifications. Considering the fact that the negotiated contract price transfers some risk to the contractor and the bid price includes 100% performance and payment bonds, it is deemed a reasonable and competitive proposal. The total completion time is predicted at 70 days, subject to plant flows and operator directions. BUDGET IMPACT This $100,000.00 expenditure for effluent filter system rehabilitation was not forseen or included in the Fiscal Year 2003 Budget. Due to the Wastewater Treatment Department's favorable financial outcomes on current year capital budget projects plus the ability to defer other planned capital purchases, the funds to complete the emergency filter rehabilitation work can be secured without a Budget Adjustment. The rehabilitation of the remaining sewen filter cells is deemed the highest priority need for the current year capital acitivities. 2 STAFF tVIEW FORM - FINANCIAL OBLIGATI' X AGENDA R^QUF.S'i CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: October 7, 2003 FROM: Greg Boettcher Name Water & Wastewater Wastewater Treatment Plant DivisiorL Department R s� r1 ACTION REQUIRED: Passage of a or a contract with MultiCraft for the emergency repairs of the effluent filtering system at the Noland Wastewater Treatment Plant. Contract value is $95,000, contigency amount is $5,000, resulting in the total requested amount of $100,000. Funds available in Fiscal Year 2003 budget. COST TO CITY: $100,000.00 $ 193,417.00 Water & Wastewater Cost of this request Category/Project Budget Program Category / Project Name 5400-5800-5400-00 S 44,162.98 Water & Wastewater Account Number Funds Used to Date Program / Project Category Name 02069 S 149,254.02 Plant Pump & Equipment Project Number Remaining Balance Fund Name BUDGET REVIEW: Budget Manacf€r Budgeted Item �. V/-c,a Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Date City At rney cta Irierna Auiiitor Dat 6 Purchasing Manager gi&41o3 Date ga51o3 Date STAFF RECOMMENDATION: Divisi n Head / I6/ /re coat meet Director Received in Mayor's Office Date 94042: Cross Reference: D Date Previous Ord/Res*: Finance & Internal Services Dir. Date Orig. Contract Date: Orig. Contract Number: Chief Administrative Officer Date New Item: Yes No Mayor Date Date Description 'taff Review Forn - Page 2 • Meeting Date October 7, 2003 Comments: Reference Corrnents: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator • • RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF NINETY-FIVE THOUSAND DOLLARS ($95,000.00) TO MULTI - CRAFT CONTRACTORS, INC. FOR REPAIRS TO THE EFFLUENT FILTERING SYSTEM AT THE NOLAND WASTEWATER TREATMENT PLANT; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) FOR SAME. WHEREAS, the effluent filtering system at the Noland Wastewater Treatment Plant is an essential component to ensure compliance with the City's NPDES permit; and, WHEREAS, said system has experienced multiple failures in recent months, warranting immediate repairs; and, WHEREAS, A.C.A. § 19-11-203 and its subsidiary regulations exempt such repairs from the formal requirements of the competitive bidding process. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a contract in the amount of Ninety -Five Thousand Dollars ($95,000.00) to Multi -Craft Contractors, Inc. for repairs to the effluent filterin system at the Noland Wastewater Treatment Plant. A copy of the cgwa marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the Cityof yet/vine, A ansas, hereby approves a Protect Contingency in the amount o Five Thousandpollars ($5,000.00) for same. t PASSED and APPROVED -tilts 701 day o ber, 2003. By ION, 'A SMITH, City Clerk DAN COODY, Mayor • • MEMORANDUM 011111 TO: Duyen Tran FROM: Michael Parry DATE: September 17, 2003 SUBJECT: Filter Repair Cost Estimate Duycn, Below is the cost estimate for OMI to complete the work on the filter repair project. This cost estimate includes the labor and materials for the remaining 7 filters. Hardware and tools $ 3,213.40 (Includes but not limited to stainless steel bolts, nuts, washers, and rubber filter gasket material) Filter screen material: $ 36,543.64 Filter Sand: $ 8,397.20 Repair Labor: $ 42,839.69 Total costs: $ 90,993.93 F:Winers2003\filter bid ineno.doc • Emergency Effluent Filter Rehabtion Noland Wastewater Plant Fayetteville, Arkansas CONTRACT EMERGENCY EFFLUENT FILTER REPAIRS NOLAND WASTEWATER TREATMENT PLANT FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into the day of 2003, by and between the City of Fayetteville, County of Washington, State of Arkansas, and Multi -Craft Contractors, Inc, Springdale, Arkansas, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the City of Fayetteville has waived competitive bidding for emergency repairs on technical equipment at the Noland Wastewater Treatment Plant in accordance with Arkansas Purchasing Law (19-11-103), and has secured what is deemed a reasonable and competitive proposal for the rehabilitation of sever effluent filter cells in accordance with the Filter CeII Rebuild Requirements (attached) and the September 23, 2003 proposal from Multi -Craft Contractors, Inc. (attached), all of said materials having been approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the non-competitive solicitation and negotiation, the Contractor is deemed to be a reasonable, responsible, competitive and qualified provider for the emergency construction of said Improvements; NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete the construction of: Rehabilitation of seven (7) effluent filter cells at the Noland Wastewater Treatment Plant in accordance with the specifications titled "Filter Cell Rebuild Requirements" (pages 1 through 7) and Multi -Craft Proposal dated September 23, 2003 titled "Sand Filter Rebuilds REVISED QUOTE"" (page 1 of 1) in accordance with the proposal schedule, plan drawings, the contract documents including the project specifications, including all Work required for a complete and acceptable installation, for the lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being NINETY FIVE THOUSAND DOLLARS AND 00/100 words ( $95,000.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor shall be required to furnish 100% Performance and Payments Bonds and a Certificate of Insurance prior to the issuance of a Notice to Proceed. The Bonds shall be written by an approved surety, the insurance certificate shall Include: property, personal injury, workman compensation insurance coverage and general liability in statutory coverage amounts. The insurance certificate shall list the City of Fayetteville as an additional insured and as a certificate holder. The Contractor agrees to commence work under this contract within ten days of the issuance of Page 1 of 3 Emergency Effluent Filter Rehabilitation Noland Wastewater Plant Fayetteville, Arkansas the Notice to Proceed and totally complete all work within seventy (70) calendar days. Time of completion will be subject to discretion of the Wastewater Plant operations, as loading conditions or operational considerations may require staging, segmenting or delaying portions of the work. The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after completion of each station, and in accordance with the bid Specifications, the City of Fayetteville will make payments to the Contractor for work performed , based upon the project manager's approval of work completed, said invoice being certified by the Contractor and accepted by the City of Fayetteville. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the City of Fayetteville until final completion and acceptance by the City of Fayetteville. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages City of Fayetteville would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage City of Fayetteville would sustain in related costs. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the City of Fayetteville or of the City of Fayetteville's employees, or by any other Contractor employed by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Project Manager shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Project Manager may decide. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Project Manager. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the City of Fayetteville, then the City of Fayetteville shall have the option of 1) declaring this contract at an end, in which event the City of Fayetteville shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said City of Fayetteville may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by City of Fayetteville in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. Page 2 of 3 Emergency Effluent Filter Rehabilitation Noland Wastewater Plant Fayetteville, Arkansas Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. The contractor shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub - subcontractors providing work on the project that states the following: "According to Arkansas Law, it is understood that no liens can be filed against public property if a valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with " The contractor shall have each subcontractor; sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor, sub - subcontractor or material supplier. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A. 25- 19-101 et. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance." Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of performance or nonperformance of the services or subject matter called for in this contract, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and seals, respectively. Multi -Craft Contractors. Inc By: Authorized Signature Witness' if corporation, secretary should attest. End of Contract City of Fayetteville. Arkansas By: Mayor Dan Coody City Clerk, Sondra Smith Page 3 of 3 Filter Cell Rebuild Requirements I. Hardware and Materials specifications. A. All hardware shall be of high quality stainless steel. 1. The all thread stud material shall be 5/8 -inch by 11 stainless steel. a) The studs shall be cut to size and a 5/8 -inch by 11 stainless steel nut shall be welded to one end of the stud. 2. The nuts shall be 5/8 -inch by 11 stainless steel. 3. The flat washers shall be 5/8 -inch stainless steel. 4. If coupling nuts are required, they shall be 5/8 -inch by 11 stainless steel. B. The Filter screen material shall be stainless steel and identical to the new installed filter screens. 1. The screen specifications shall be: a) 316 stainless steel, wire size .040, 40 mesh, 40 microns, cross -weave and interwoven b) The screen width shall be 60 inches wide and cut to size. The screen length shall be 16 feet long and cut to size. 2. Screen samples and current vendor information is available. 3. The selection of the filter screen material shall meet the approval of the owner's operations representative. C. The Rubber gasket material shall be neoprene. 1. The short neoprene rubber gasket shall be 5 feet long by 3,inches wide by 1/8 -inch thick. This is trimmed to size after installation. 2. The long neoprene rubber gaskets shall be 16 feet long by 3,inches wide by 1/8 -inch thick. This is trimmed to size after installation. D. The filter sand shall meet the specifications of the owner's operations representative. II. Remove the Filter from active service. A. Prepare filter for out of service status. 1. Contact the Operator on Duty. 2. Place the Filter out of service. 0923/03 12:28 PM File: FserverlpuMFilters2003IFilter Rebuild Requirements.doc I of 7 3. Place Inlet valve control switch to the "Closed" position. a) The inlet valve control switch is a "Closed -Open -Auto" switch located on the top panel of the control cabinet for the selected filter. 4. Backwash the filter 2 to 3 times. a) The backwash will clean the filter equipment and sand before beginning work on the filter. Coordinate this with the Operator on duty. 5. Verify that the Mud Trough valves are closed. a) Visually check that the valves have rotated closed. Look down the channel. B. Deactivate the solenoid control valves air supply. 1. Turn off the air supply. a) The air supply valve located in lower cabinet on the side of filter's control valves. III. Disassembly A. Remove the center Air pipe assembly. 1. Disconnect the union on the vertical section of the pipe. 2. Remove the air pipe cross supports. 3. Remove the air pipe as one assembly. 4. Store air pipe in a safe location to minimize chance of damage. B. Remove the splash panels on each side of the channels. 1. Loosen the securing bolts on the bottom of the horizontal mounting tubes attached below the channel. 2. Slide the splash plates out of the mounting tubes. a) At times this requires a pry bar, hammer and drive dowel. C. Remove all of the old sand. 1. Remove the old sand from the filter cell. a) All of the sand shall be removed during the disassembly and repair process. The major amount of sand shall be removed before the support structures and filter grates are removed. D. Remove 1 -beams that are securing the filter grates. 1. Remove the nut and washer on the I-beam support studs. a) The nuts and washers shall be carefully removed from the (- beam support studs. The studs shall be reconditioned and reused. 09/23!03 12:28 PM File: /•'serverlpubVbilters2003V-'ilter Rebuild Requirements.doc 2 of 7 0 b) If the nut is jammed or frozen on the stud, the stud shall be cut with a saw to facilitate removal of the I-beam. (1) A new stainless steel all thread stud shall be fabricated and reinstalled during the rebuild and repair process 2. Remove the I-beam. a) Caution shall be exercised during the I-beam removal process to limit stud thread damage. E. Remove the screen hold-down grates. 1. Remove the screen hold-down grates from the screen area. 2. Clean any sand from the grid openings of the grate. F. Remove the filter screen hold-down bars. 1. Remove the securing hardware bolts on the short angle iron screen hold down bars. a) The old rusted iron nuts shall be removed in order to extract the securing bolts. (1) It may be necessary to cut the securing bolt for the removal. b) Replace the securing bolt with a new stainless steel all thread securing bolt and place one stainless steel nut above and one below the securing brace clip. G. Remove old screen and rubber gasket material. 1. Pull up the old screen and remove the old filter gasket material. a) Dispose of the gasket material on the screen and frame. b) Roll up the old screen and save it as a pattern for the new screen. The new screen shall be cut to size. IV. Rebuild and Repair A. Recondition the all -thread studs that hold down the I -beams. 1. The old rusted iron nut or remaining residue shall be removed from the all -thread stainless steel I-beam mounting stud. 2. The threads shall be cleaned and restored to proper condition. a) Use a wire brush on the threads to remove any debris. b) Recondition the threads using a 5/8 -inch by II die. Run this die all the way to the bottom of the stud. 3. The I-beam hold down stud's physical mounting shall be inspected. 09/23/03 12:28 PM File: FscrverlpubMFilters20031Filter Rebuild Requirements.doc 3 of 7 a) Extremely loose studs shall be secured with the use of grouting or epoxy based filler after the stud is secured with the new stainless steel washer and nut assembly. 4. The I-beam hold down stud shall be replaced if required. a) Remove the loose or damaged stud by chipping out the concrete grout under the securing metal clip imbedded into the concrete support. b) Clean excess concrete or grout from under the clip to allow the installation of s new stud with a stainless steel nut welded to bottom end. c) Place the welded nut end of the stud under the metal clip. d) On the installed stud, place a new stainless steel washer on the stud and run a new stainless steel nut to the bottom of the stud and secure stud to the metal clip imbedded into the concrete support. e) Grout or epoxy based filler shall be used to fill the void under the metal clip to secure the stud. 5. Install stainless steel washer and stainless steel nut. a) Place a new stainless steel washer on the stud and run the new stainless steel nut to the bottom of the stud and secure stud to the metal clips imbedded into the concrete support. B. The water director screen sub panels shall be inspected and repair as needed. 1. Cracks and damage to the water director screen sub panels shall be repaired as required. a) The use of correct adhesive and stainless steel hardware shall be required. V. Assembly A. Clean the screen base frame. 1. All sand and debris shall be removed from the screen frame and surrounding areas. B. Install the neoprene rubber gasket material. 1. The new rubber neoprene rubber gaskets shall be trimmed to size after the installation of the filter screen and hold down brace and hardware. C. Install the screen. 1. The new screen shall be cut to size based upon the old screen that was removed from the specific screen area. 09123/03 12:28 PM File: FsenerlpubWFilters20031Filter Rebuild Requirements.doc 4 of 7 2. The new screen shall be rolled out over the gasket material and smoothed flat. 3. The long angle iron screen hold-down braces shall be placed on each long side of the screen. a) Caution shall be used to make sure that the screen, gasket, and hold-down brace are over the angle iron base frame secured in the concrete supports. 4. The short angle iron screen hold-down braces shall be installed at each short end of the screen. a) The short brace shall be inserted under the hold-down brace clips and secure the long angle iron hold-down braces. b) Install the securing bolt and nut through the hole in the hold down brace clips. (1) The top nut shall be tightened against the bottom nut to secure the bolt after the bolt has secured the short angle iron filter hold-down brace. D. Install the screen grates. 1. The screen grates shall be reinstalled upon the screens in the proper position. E. Install the I -beams. 1. The I -beams shall be installed over the hold-down studs and on the tops of the screen grates. a) The long screen hold-down angle iron braces shall be aligned as needed to insure that the I -beam's securing tabs make sufficient contact. 2. A new stainless washer and new stainless steel nut shall be used to secure the I-beam to the hold-down studs. a) The tightening process shall alternate from one end of the (- beam to the other end of the I-beam until the assembly is evenly secured. b) The installation shall be inspected and readjusted as needed to properly secure the screen grates and long angle iron screen hold-down braces. F. All installation shall be inspected. 1. All hardware installation shall be inspected and adjusted as needed. a) All nuts shall be checked for proper tightness. b) Any hardware or equipment found loose or found defective shall be adjusted, repaired, or replaced. 09/23/03 12:28 PM File: F.rerverlpubMFitters2003tFilter Rebuild Requirements.doc 5 of 7 G. New sand shall be placed in the filter. 1. New sand shall be placed in the filter and leveled smooth. H. The protective splash plates shall be reinstalled. 1. The mounting tubes attached under the channel shall be cleaned before the plates are installed. This procedure will facilitate the installation process. 2. Insert the splash plates into the mounting tubes. I. Install the center air pipe assembly. 1. The center air pipe shall be lowered into the filter cell. a) The air pipe shall be secured using plastic pipe supports between the channels. (1) The support pipes shall be wedged between the channel and the splash plates. b) The center air pipe is attached to the support pipes using large tie wraps. 2. Attach the union fitting on the vertical air pipe. VI. Place Filter in service A. Notify the Operator on duty. 1. The Operator on duty shall be present during this process. B. Activate the solenoid control valves air supply. 1. Turn on the air supply. a) The air supply valve located in lower cabinet on the side of filter's control valves. C. Confirm that the inlet valve shall remain closed during backwash. 1. Place Inlet valve control switch to the "Closed" position. a) The inlet valve control switch is a "Closed-Open-Auto"switch located on the top panel of the control cabinet for the selected filter. D. Initiate two to three backwash sequences an required. 1. The new filter shall have two or three backwash sequences preformed to clean the dust from the new sand. E. Open inlet valve and place filter cell in service. 1. Place Inlet valve control switch to the "Auto" position. 09/23/03 12:28 PM File. FserverlpubtFilters2003lFilier Rebuild Requirements.doc 6 of 7 a) The inlet valve control switch is a "Closed -Open -Auto" switch located on the top panel of the control cabinet for the selected filter. 09/23/03 12:28 PM File: FserverlpubWilters20031Filter Rebuild Requiremenis.doc 7 of 7 EEP-23-2QO3 15:% TI-CRRFT CONiPcCTORS 479 :'51 4399 P.eQ/O2 Multi -Craft Contractors, Inc. Phone: 479751.4330 Fax: 479-751.4399 Post Offico Box 1760 ad Spring, AR 72765 September 23, 2003 Thom Binson OMI Fayetteville AR cc: David Leonneke RE: Sand Filter Re -Builds - *Revised Quote* Proposal based upon the owners written requirements. This proposal is for the cleaning of (7) seven each sand filter cells. Our proposal includes: Labor and equipment for sand removal and pressure washing of the cell and associated components. After washing, a new stainless steel screen will be provided as well as new sand. All old sand will be disposed of on site. Screen: .040, 40 mesh, 40 micron 313 stainless screen Total Revised Value: $95,000.00 Scheduling: We can start 3 weeks after award of contract. All labor is based on Monday — Friday, regular time. If you have any questions, please don't hesitate to call me at 751-4330. Thank you, Dennis Kelly Executive Vice President DK:pap `tNaclly.Miee.OM I.Sand.rilter. Rebuild+.Revised.922.0] •02 TOTAL P.O2 UNITED STATES FIDELI ' UARANTY COMPANY BOND# 400SA8970 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Multi Craft Contractors, Inc. as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a coroporation o•ganized and existing under the laws of the Stela of Maryland and authorized to do business in the State of Arkansas. as Surety. hereinafter called Surety, are held and firmly bound unto............. ............. City of Fayetteville, City Hall, Fayetteville, AR 72707 as Obligoe. hereinafter called Owner. in the amount of .... ................ ..... ...... ._ Ninety Five Thousand & no/100............................................................:.... Dollars (595,000.00 „_.. I. (or the payment whereof Principal and Surety bind themselves, their heirs, personal representatives. successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated ..1. .......0-07-03 ..............................entered entered into a contract . with Owner for Emergency Effivent Filter Repairs- Noland Waste Water Treatment Plant which contract is by reference made a part hereof, and is hereinafter referred to as the Contract THE CONDITION OF THIS OBLIGATION is such that it the Principal shall falhfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all parsons all indohtedness for labor or materials lurnished or performed under said Contract, foiling which such persons shall have a direct right of action against the Principal and Surety. jointly and severally, under this obligation. subject to the Owner's priority. Then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the Stale of Arkansas. No evil, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 1844-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the Contract falls due. Any allera:ions which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forberonce on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or torbearanca being hereby waived. In no event shall the aggregete liability of the Surety exceed the sum set out herein. Executed on this 14th_............ day of..OctQbef....2003............ _..., Witness Mari Alice Sumlin Multi Craft Contractors, Inc. ................................... UNITED Lea Tabatha ....Principal COMPANY Surety StFp� St. Paul Fire and Marine Insurance Company United Staten ndtllty and G•eraery Company aul SUtPCty St. Paul Guardian Innnnce Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriter,. Inc. Seaboard Surcn Company Sc. Paol Medical Liability Insurance Company Bond No. 400SA8970 RIDER CONTAINING DISCLOSURE NOTICE. OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Thesilbul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Sc. Paul Mercury Insurance Company Power of Allorney No. 22554 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. 829529 Certificate No. KNOW ALL. MEN BY TIIE.SE PRESENTS: That Seaboard Surety Company is a corporation duly organized tinder the laws of the State of New York, and that Sc- Paul Fire and Marine Insurance Company. Sc. Paul Guardian Insurance Company and Si- Paul Mercury Insurance Company are corpnauons duly organized under the laws of the State of Minnesota. and that United Slates Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organised under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwtiters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein roll ectirely railed the "Companies''). and that the Companies do hereby make. constitute and appoint Fred Stone, Warren T. Baldwin, Jr., William Brookshire, Tabatha Moody, Debbie Kelm and Beth Richardson Springdale of the City of . State _ their true and lawful Altomey(s)-ins Fact. cacti in their separate capacity if more than one is named above, o sign Its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings requueu .n�permiued in any y actions or proceedings allowed by law. �IN WITNESSWITNESSw'Hb:RFOF, the Companies base caused this insin�the tgrudnd�sullthil.%23rd U� ... day of May 2001 Seaboard Surety Company ` ^ C, ,U� • ������ United States Fidelity and Guaranty Company St. Paul Fire and Marine Insunrlce,Uimport; Fidelity and Guarani Insurance Company St. Paul Guardian Insuranae�Company, Fidelity and Guaranty Insurance Underwriters. Inc. St. Paul Mercury Insurance Company :......•� c >q 1927 SEaL a Pig 4y 1977 1011th F. PHINNIi)'. Vice President �tr (� 7 'o ...•. 1/' `J( ,/'/ •—]per State of MarylandCity of Baltimore THOMAS E. HUIRREcTSE. Assistant Secrnary On this 23rd day of May 2001 before me. the undersigned officer. personally appeared John F. Phinney and Thomas E. Iluibregise. who acknowledged themselves to he the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company. Si. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. Si. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwrite". Inc.: and that the seals affixed to the foregoing instrument are the corporate seals of said Companies: and that they, as such, being authorized m to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. Qe N0r b In \Yilness Whereof, I hereunto set my hand and official seal. p�'1NY m _„uC My Commission expires the lath day of July. 2W2. z�q[ exx RIERECCA EASLEY-0N0KAIA. Notary Public 86203 Rev. 7-2000 Printed in U.S.A. r • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall he executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1. Thomas E. Huibreglse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force. and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this day of Xnr)Yn O1* 1139 O,nr 94 19f�` _ u yr • rro!!i �i ��>rJrt:n 7.92% ti,: ;n � AO � J. - �T S: U"FIkrEM`- Ig ♦ 4J\E nxV f� gV♦IlO ���\ P•` ,V' To verify the authenticity of this Power of Attorney, call I -800 -J2/ -388O a rr d mkfoorrlhe.Power o the above -named individuals and the details of the bond to which, the pow r s a ached.>_w 0>`av Thomas E. Huibreglse, Assistant Secretary clerk. Please refer to the Power of Attorney number, ACORp;;' CERTIFICAT OF LIABILITY INSUi NCE DATE PRODUCER ' ---' - - - - - - - - - - - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Robseaen Insurance/SRO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 4706 S. Thompson, Suite 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springdale AR 12784 COMPANIES AFFORDING COVERAGE COMPANY (501) 758-1400 A American Casualty Company COMPANY PISURED Multi -Craft Contractors, Inc. B Valley Forge Insurance Co. COMPANY P. 0. Box 1760 2300 Lowell Rd. C National Surety Corporation COMPANY Springdale, AR 72765-1760 D COVERAGES THIS IS TO CERTIFY THAT T HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOT HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TEO NOTWITHST ANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONT RAC T OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OP INSURANCE I LTII POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION OATS (MWDDIYY) j____________ LIMITS A GENERALLIABLITY TCP2072512974 9/01/03 9101104 GENERAL AGGREGATE f 2,000,000 X CC%*CRCIAL GENERAL LIABILITY PRODUCIS.COMP/OP AGO $ 2,000,000 a AIMS MADE I X OCCUR $2,000 PD OED PER PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE S 1,000,000 OWNER'S & CONTRACTORS PROT OCCURRENCE Per project limit i FIRE DAMAGE (Any me tire): $ 100,000 X Contractual Llab. 1AED EXP (Any one person) S 10,000 B AUTOMOSLALIABLT' SUA2072512960 9/01/03 9/01/04 COL@INED SINGLE LIMIT s X ANY AUTO 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INA,RY (Per person) X HIRED AUTOS BODILY INJURY X NCN-0WNED AUTOS (Par accldenU PROPERTY DAMAGE S �i OMAGELIABLRY AUTO ONLY . EA ACCIDENT $ ANY AUTO OTHER THAN AUTO OILY: , s I EACH ACCIDENT — . AGGREGATE $ C EXCESSLIULITY XYZ0085137933 9/01/03 9101/04 EACH OCCURRENCE 1 1,000,000 AGGREGATE s 1,000,000 X UMBRELLA FORM OTHER THAN UMBRELLA FORM If A WORKERS COMPENSATION AND RC2072S12971 I 9/01/07 9/01/04 EMROYFIIS'LIABLT' IMIIS� EL EACH ACCIDENT I' 1,000,000 THE PROPRIE7CR/ INC.EL PART ERS/E%ECUI IVE DISEASE -POLICY LIMIT 1 1,000,000 EL DISEASE EA EMPLOYEE 1 1.000,000 OFFICERS ARE: EXC. A OTHER Installation Floater TCP2072512974 9101103 9/01/04 $50,000 per Job location $10,000 In transit $10,000 temporary storage site $ 1.000 deductible DESCRIPTION OF O►ERATIONSILOCATIONWENICLEVSPECIAL ITEMS RE: Emergency Etf IYent Filter g Repairs- Noland Waste Rater Treatment Plant Certificate holder is shown as additional Insured on the General Liability policy but only with respects to signed contracts with the named Insured. -CERTRRCATE: HOLDER '. '. ,...'CANCELLATION ,• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fayetteville EXPIRATION DATE THEREOF. THE ISSUMO COMPANY WILL ENDEAVOR TO MAL Fax: 479-444-3490 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Perry Franklin BUT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLITY 113 9. Mountain St. OF ANY KIN UPON THE COMPANY, ITS AGENTS ON REPRESENTATIVES. Fayetteville, AR 72101 AUTHORIZED RE S TAT he Moody ACORD 2S.S 1 /98 - .H©A ®A D CORPORATION 198$ CERTIFICATE: 142/0011 00490