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Home My WebLink About34-16 RESOLUTION ` eF FPY Ertf L zeO 4AkP ti s 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Resolution: 34-16 File Number:'2016-0016 BID #16-18 UTILITY SERVICE COMPANY, INC.: A RESOLUTION TO AWARD BID #16-I8 AND AUTHORIZE A CONTRACT WITH UTILITY SERVICE COMPANY, INC. IN THE AMOUNT OF $1,133,510.00 FOR THE BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $113,351.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-18 and authorizes a contract with Utility Service Company, Inc. in the amount of$1,133,510.00 for the Baxter and Mount Sequoyah Tank Rehabilitation Improvements Project, and further approves a project contingency in the amount of$113,351.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 2/2/2016 Approve': Attest: 414614t &I 4,4 1( .1.0” .rdan 1 ayorSondra E. Smith, City Cler.KAlt *•;1/1.. -o;FPYE.�EV1 •��Z ." 7 `o , ? 4... 9 nL�y1`y-....S-A: Z Page 1 ''„,-//l d i O”``' City of Fayetteville, Arkansas 113 West Mountain Street t. Fayetteville.AR 72701 .�• (479)575-8323 "w ^ Text File N9TI N`+NS File Number: 2016-0016 • Agenda Date:2/2/2016 Version: 1 Status:Agenda Ready In Control:City Council Meeting File Type: Resolution Agenda Number:A.4 BID#16-I8 UTILITY SERVICE COMPANY, INC.: A RESOLUTION TO AWARD BID #16-18 AND AUTHORIZE A CONTRACT WITH UTILITY SERVICE COMPANY, INC. IN THE AMOUNT OF $1,133,510.00 FOR THE BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $113,351.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-18 and authorizes a contract with Utility Service Company, Inc. in the amount of $1,133,510.00 for the Baxter and Mount Sequoyah Tank Rehabilitation Improvements Project, and further approves a project contingency in the amount of$113,351.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment,a copy of which is attached to this Resolution. City of Fayetteville,Arkansas Page 1 Printed on 2/3/2016 City of Fayetteville Staff Review Form ' 2016-0016 Legistar File ID 2/2/2016 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Utilities Director/ Jim Beavers 1/15/2016 Utilities Department Submitted By Submitted Date Division/ Department Action Recommendation: The Fayetteville City Administration recommends approval of a construction contract with Utility Service Company, Inc. in the amount of$1,133,510.00 for Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation Improvements Re-bid, approving a project contingency of$113,351.00 for a total project amount of$1,246,861.00 and approval of a Budget Adjustment. Budget Impact: 5400.5600.5808.00 Water/Sewer Account Number Fund 14010.1501 & 14010.1 Water Tank Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 780,239.00 Funds Obligated $ 80,987.00 Current Balance $ 699,252.00 Does item have a cost? Yes Item Cost $ 1,246,861.00 Budget Adjustment Attached? Yes Budget Adjustment $ 547,609.00 Remaining Budget $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: a. -A ' rQ0`LQ Comments: CITY OF a e evi le Y ARKANSAS MEETING OF FEBRUARY 2, 2016 TO: Mayor Jordan and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Water & Sewer Committee FROM: Jim Beavers, P.E. Utilities Engineer DATE: January 15, 2016 CITY COUNCIL AGENDA MEMO SUBJECT: Resolution approving a construction contract with Utility Service Company, Inc. in the amount of $1,133,510.00 for Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation Improvements Re -bid, approving a project contingency of $113,351.00 for a total project amount of $1,246,861.00 and approval of a Budget Adjustment. RECOMMENDATION: The Fayetteville City Administration recommends approval of a construction contract with Utility Service Company, Inc. in the amount of $1,133,510.00 for Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation Improvements Re -bid, approving a project contingency of $113,351.00 for a total project amount of $1,246,861.00, and approval of a Budget Adjustment. BACKGROUND: This project will rehabilitate and coat (paint) the 5MG Tank on Baxter Lane and the 0.5MG Mt. Sequoyah Water Tank. DISCUSSION: Public Bids were opened on Contractor Utility Service Company, Inc Classic Protective Coatings TMI Coatings, Inc. Protective Linings and Coatings, Inc. $1,539,176.00 Engineer's Estimate: $1,500,000.00 January 7, 2016. The City received 4 bids as follows Bid $1,133,510.00 $1,179,950.00 $1,262,000.00 BUDGET/STAFF IMPACT: Funds are available within the approved CIP project 14010 Water Tank Improvements. Funds where budgeted in 12009 Water System Rehabilitation/Replacement for the Mt. Sequoyah tank that is being transferred to 14010. Additional funds are being transferred from completed projects to utilize the cost savings to the City. ATTACHMENTS: Staff Review Form Purchase Order Request Budget Adjustment Agreement Bid Tabulation Letter of Recommendation to Award, Garver Engineers City Review Letter Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville - Purchase Order Request (PO) Requisition o.: ae: 1115/2016 (Not a Purchase Order) P.O Number All PO Requests shall be scanned to the Purchasing e-mail: Purchasing@fayetteville-ar.gov. Purchase shall not be made until an actual PO has been issued. Vendor 10823 Vendor Utility Service Company, Inc. Mail P Yes r No Legistar#: #. Name: 2016-0016 FOB Point: Taxable Address: 535 Courtney Hodges Blvd Fayetteville r Yes P No Expected Delivery Date: Zip Code: IShip to code: Quotes Attached City: Perry State: GA 31069 I Fay P Yes r No Requester's Employee #: Extension: Requester: Cheryl Partain 2548 8224 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory If Fixed Asset # 1 Baxter Tank Rehabilitation and Painting. Per 1 EA 566,755.00 566,755.00 5400.5600.5808.00 14010.1 Bld#16.18 2 ML Seguoyah Tank Rehabilitation and 1 EA 566,755.00 566,755.00 5400.5600.5808.00 14010.1501 Painting, Per Bid#1618 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Subtotal: $1,133,510.00 Tax: $0.00 Total: $1,133,510.00 Approvals: Mayor: Department Director: Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager: Other: Revised 6/182014 m C E a E C 0 u N m Si 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8$$$ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Fl 00$ a a o c 00 o c 00 $ m ori O o c n E 0 N N N N N N N N N N N N N N N N N N N N N N N N . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 88 8� 8Q� 8$ 8 8$ 8$ 8$$ 1111 8 8 8 8 8$ 8 8 $ 8 g $ o S g g $ Q8 $ 25 25 25 S S S 8 - S OO G O r tO O e O O N - 8 8 88 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 i$ 5 Q 5 Q • F $ W gIn 000 'On 000009 N e) N N P N OO F. -.u-_� .• p OS p p O p p p '8O p p p p p p O8' p p p p O8. p OS p p p p p p p p p p O SO �n O 8O O' 8O O: O 8O O 8O O 8O O 8O �/1 8O O rv'• 8O O 8O O 8O O O O 8O �O 8O �C 8O O 8O •O 80 N 8O 8 8O N. 8O O 8O O 8O O �'. - W 9 G 40 r O ti (0 C ry N N • Si 8 8 8 $ 8 8 8 8 8. 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 d oo n w e c o '9' z r 8 .0 N N N N N N Np 0. S p O O S p p 8 pN O pN O pN pN O pN 8 p 8 pN 8 p 8 pN O pN pN p O pN 8 pN 8 pN O pN 8 pN 8 J v t � o O O O SO O SO n O O pS 8 8 pO 8 8 8 $ 8 ' pO 8 p8 O p8 O 8 8 8 •O �GG p8 O 8 8 G ry O �C O O {G P•OCIflt d N d N N S S S S S S S S S S& 8.-S S.S 8 S S S 8 8 8 8 8 S S QS. S S S S $ 8 8 §08 g 8 §1 8 8 8$§. 8 8 8§ Q N ry 8 N •(ft N N' 0)F' 1. 8, .8 .- 8 Si ._ Si S Si 8 8 Q. 888 O' O 8S . O. 88 O 88 O 88. O 88 8 S8 8 88 O N 88 O SS p8 88 pS O 8e. 8 8 8 $8 �X 88 O 88 O 88 N' 88. '8 8 88 _ . Ia N: c '$ '. 00 ui e N iii ii ii ii O 0 v i _ O d N p = - o a V O N 9 -_ - _ E fl 00 03A _ = i 0 .. . c ,� u` 5 E v E E G_ A n o f - c'_ ow A ro„ F- 0 g c € o o m G . ` i o T o - A °fl E-0 w - c f c e 5 c > '° . o A oo _ -._ c AoA i c c c A c c w ` —oL' o ry r o'^ '� o'.`q'o' o'er o' a' o's o' a' o' a i A y t o5 ` _ Eu o v E$�aa� ry 'v? E a 'v 'a $'o' rc _ m x - O W P O e2 P gl gsA : Classic Protective Coatings Inc'_ Protective Linings and Coatings, Inc. j-TMGCoatmgs Inc'.: - Utility Service Company, Inc. ITEM DESCRIPTION Est 0ty Unit PRICE PER UNIT i M TOTAL -� PRICE PER UNIT TOTAL SPRICE PER UNIT , 'TOTAL PRICE PER UNIT TOTAL 30 Mt. 5equoyah Obstruction Lights and Electrical Service 1 <5 $ 490000 ,. 5 '4,900.00 5 7,500.00 $ 7,500.00 $ 360000 0 $ - 360.OD S 34,000.00 5 14,000.00 31 Mt. Seguoyah Standoff Brackets 1 t5 • $- - 8800A0 5 ' 8,800.00 • $ 4,200.00 • S 4,200.00 $ .- 400000 -' $ - .. , 400000 $ 12,0000 $ 12.000.00 32 Pit Welding I LS • $ 3,125.0. _ ,S ",3.125.0 $ 3,125.0 S 3,125.0 • S " 3,700.0 • S 3,70.60 $ 3,750.0 $ 3,750.0 33 Miscellaneous Pit Repair I LS S 20000.00' • '; S' -; 20,00.0 S 3,750.0 $ 3,750.00 $ ," 9,000:.• $ 9,00.0 5 2.50.0 $ 2,500.0 34 Baxter New 24• vent 1 t5 5, 700.00 $. ; .' 7,00.0 S 10,70.0 $ 10,70.0 :. $ _: 9,000.0 { .$ 9,000.0 S 8.00.0 $ 8000.0 TOTAL BASE BID = ' ? S . 1;179,950.0 +' 5 1,539,176.00 $ 1,262,00.0 • $ 1,133,510.0 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: U• Z Manager DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS THIS AGREEMENT is dated as of the a , day of rl in the year 201kQby and between The City of Fayetteville, Arkansas and U+I L; Set vi el te.,tflQhereinafIer called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. Refer to SECTION 00400 BID FORM for quantities. ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by Garver, LLC. Garver, LLC assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Utility and/or Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE A. All time limits for milestones, if any, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work will be completed and ready for final payment within 200 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. In the event of a disruption to public or emergency communication services. Contractor shall immediately suspend work until the public or emergency communications are restored. The completion time shall not be tolled in the event of the suspension of work due to damage to public or emergency communication equipment. 00500_Agrcemem.docx 00500- 1 14048030 DOCUMENT 00500— AGREEMENT (continued) 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified in Paragraph 3.02 for completion and readiness for final payment until the Work achieves final completion. 3.04 COMPENSATORY DAMAGES RELATING TO COMMUNICATIONS EQUIPMENT A. Owner and Contractor recognize that communications equipment located on the Mt. Sequoyah tank is vital to the public and emergency services. In the event these communications are disrupted, the City of Fayetteville will suffer financial loss until communications are completely restored. B. Accordingly, the City of Fayetteville and Contractor agree that as damages Contractor shall pay The City of Fayetteiille the actual costs of repair, installation, utility coordination and lost time for City employees (as determined by the City) for each disruption caused by the Contractor. Repairs will be made to the satisfaction of the City/utility owner. Damages will be withheld from future payments or collected following final completion of the project. C. The Contractor will also be responsible for any and all potential damage claims, resulting from the disruption of communications. 00500_Agrcement.docx 00500-2 14048030 DOCUMENT 00500 - AGREEMENT (continued) ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount bused on the prices bid in the Proposal (SECTION 00400 - BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. ARTICLE 5- PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in 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 Requirements. Prior to completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the 00500_Agreement.docx 00500 - 3 14048030 DOCUMENT 00500 — AGREEMENT (continued) aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500_Agrecment.docx 00500 -4 14048030 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 00500_Agrccmcnt.docx 00500-5 14048030 DOCUMENT 00500 — AGREEMENT (continued) the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500_Agreement.docx 00500-6 14048030 DOCUMENT 00500 — AGREEMENT (continued) following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: City of Fayetteville Fayetteville, AR Baxter and Mount Sequoyah Tank Rehabilitation Improvements 8. Addenda numbers 9. 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 GENERAL CONDITIONS. ARTICLES- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which arc defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 00500_Agreement.docx 00500-7 14048030 DOCUMENT 00500 — AGREEMENT (continued) 8.02 ASSIGNMENT OF CONTRACT: A. 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), and 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. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. 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 00500_Agreement.docx 00500- 8 14048030 DOCUMENT 00500 — AGREEMENT (continued) 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanicsof materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 00500_Agreement.docx 00500 -9 14048030 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on 201 ?which is the Effective Date of the Agreement. CONTRACT( K:I/t)-;I;41 Scr✓ictCo.�7nc, CIT OF FAEEEV]lykE By______________ U / 6 !1 e, By; ,i Id J rdan Title: VP Tnn k • tin, ctrci'L Servftts (SEAL) Attest S`.o.nt q\,,.A Vise. Sec.cie Iti\ Title: Mayor (SEAL) Attest g. FAYETTEVILLE* 00500_Agreement,docx 00500-10 14043030 P DOCUMENT 00500 —AGREEMENT (continued) Address for giving notices J 35 e.okr•-vIL1 }loci t3 'R)d. 21 o [oat License No. CJ O a1 I [e C. o 4 Agent for Service of process (If Contractor, is a corporation, attach evidence of authority to .sign.) Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement). Approved As to.Fonn:. Attorney For: END OF DOCUMENT 00500 00500_Agreemcnt,docx 00500• II 14048030 p _____ RESOLUTION OF BOARD OF DIRECTORS OF UTILITY SERVICE CO., INC. BE IT RESOLVED that Jonathan Cato, Vice President of Tank Services, of Utility Service Co., Inc., is hereby authorized and empowered by the Board of Directors as of December 20, 2013 to execute any and all bid bonds, bid responses, and bid contracts on behalf of Utility Service Co., Inc. UTILITY SERVICE CO., INC. bominique Demessence CEO CERTIFICATE OF SECRETARY OF UTILITY SERVICE CO., INC. 1, J. Shane Albritton, as Secretary of Utility Service Co., Inc., do hereby certify that the above Resolution was duly proposed, adopted, and resolved, during a meeting of Utility Service Co., Inc., a corporation, on the 20'� day of December, 2013. So executed on the 201h day of December, 2013. J. Sh a Albritton [Corporate Seal] 535 Courtney Hodges Blvd I PO Box 1350 I Perry, GA 31069 Local: 478.987.0303 I "Poll -Free: 855.526.4413 : Fax: 478.987.1085 I ulilityservicc.com 2049 E. Joyce Blvd. Suite 400 Fayetteville, AR 72703 TEL 479.527.9100 FAX 479.527.9101 GARVER January 8, 2016 www.GarverUSA.com Jim Beavers Utilities Engineer 113 W. Mountain St Fayetteville Arkansas 72701 Re: Bid 16-18 Baxter and Mt. Sequdyah Tank Rehabilitation Improvements, Rebid Recommendation of Award Dear Mr. Beavers: Bids were received for the referenced project at the Fayetteville City Hall at 2:00 pm on January 7, 2016. The bids have been checked for accuracy and for compliance with the contract documents. A total of four bids were received on the project as summarized in the table below, along with Garver's Opinion of Probable Construction Cost. As shown in the table below, the low bid was submitted by Utility Service Company, Inc. of Perry, Georgia. Utility Service Company, Inc. $1,133,510:00 Perry, GA Classic Protective Coatings, Inc. $1,179,950.00 Menomonie, WI TMI Coatings, Inc. $1,262,000.00 St. Paul, MN Protective Linings and Coatings, Inc. $1,539,176.00 Alexander, AR Garver Opinion of Probable Construction Cost $1,500,000.00 Business/Commercial Entity Profile Utility Service Company, Inc. was established in 1990 and is a nationwide provider of water tank cleaning and rehabilitation. In addition to these services, Utility Service Company, Inc. offers full service maintenance contracts with tank owners, which is its primary business. The current Arkansas entity, Utility Service Communications Co. Inc., has been registered with the Arkansas Secretary of State since 2001. The company is licensed with the Arkansas Commercial Contractors Licensing Board, with no complaints on file. The company executes over 1,000 tank painting projects per year and maintains water tanks for over 4,500 customers in the United States. The bid states that over $5,000,000 of work is currently underway. Mr. Beavers January 8, 2016 Page 2 of 2 Subcontractors Document 00430 — List of Subcontractors submitted by Utility Service Company, Inc. contained some irregularities. The City of Fayetteville requires that no more than 60% of the bid value shall be subcontracted. The bidder listed that a cleaning and painting subcontractor is to be determined with an estimated value of less than 50% of the bid. The bidder also lists an electrical subcontractor to be determined for $10,000. On a subsequent page, the bidder stated: [Utility Service Company, Inc has] company crews and use some "dedicated" subcontractors. Determination will be made based on our schedule closer to start date. Crew info can be provided to the Engineer/Owner prior to mobilization for approval. References Upon contacting references, it appears to be Utility Service Company's policy to use subcontracted labor for projects when all company crews are assigned to other projects. Most references spoke well of Utility Service Company, Inc., including Van Buren Municipal Utilities, who recently contracted with Utility Service Company, Inc. for a 1 MG elevated storage tank recoating project that ended successfully in September 2015. Recommendation We believe that the bid submitted by Utility Service Company, Inc. represents a great value for the City of Fayetteville. We recommend that the construction contract for the Baxter and Mt. Sequoyah Tank Rehabilitation Improvements Rebid be awarded to Utility Service Company, Inc. Please call me if you have any questions. Sincerely, GARVER, LLC Chris Buntin Project Manager cc: Andrea Rennie, CPPO, CPPB Tim Nyander L:\2014\14048030 - FYV Mt. Sequoyah and Baxter Tank Rehab\Bidding\Recommendation of Award\2015-07-22 Recommendation of Award.docx CITY OF • aye'1ttvt1e ARKANSAS January 11, 2016 Jonathan Cato Utility Service Co., Inc. 535 Courtney Hodges Blvd. Perry, Georgia 31069 Re: City of Fayetteville, Arkansas; Construction Contract, BID 16-18, Baxter and Mt. Sequoyah Tank Rehabilitation Improvements, City review of proposed contract Mr. Cato: The City of Fayetteville, Arkansas publicly opened bids on January 7, 2016 for BID 16-18, Baxter and Mt. Sequoyah Tank Rehabilitation Improvements. Your company is the low bidder. The Engineer of Record, Garver, has recommended that the City award the construction contract to your company. The City of Fayetteville's contract review process requires that you sign the proposed "Agreement" (specification section 00500) prior to staff review. The review process is an internal pdf review by many departments including budget, accounting, legal, purchasing, Chief of Staff.. After successful staff review the Fayetteville City Council will review the requested contract. Please fill out and sign, but do not date, the copy of the Agreement, section 00500 (copy attached). And return signed pdf to me. Please note that this request and your signing of the proposed Agreement does not guarantee that the City of Fayetteville City Council will approve the contract. This request does not obligate the City of Fayetteville but it is the start of the review process for the proposed contract. You will not have an Agreement/Contract until the City of Fayetteville City Council has approved the proposed contract, and you and the Mayor of Fayetteville have executed the approved Agreement/Contract. In order to submit the proposed contract for the February 2, 2016 City Council meeting I need your signed review Agreement on Wednesday January 13, 2016 (sooner if at all possible). I appreciate your help to start the contract review process. Please call me and/or email if you have any questions, or if I can assist in any way. Sincerely, fr&wao Jim Beavers, P.E. Fayetteville Utilities Engineer 479-444-3452 jbeavers@fayettevi lle-ar.gov Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Utilities Director Adjustment Number 2016 Dept.: Utilities Requestor: Cheryl Part am BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A BA is needed in the Water Tank Improvements project for the cost to rehabilitate and paint the 5MG Baxter Water Tank and the 0.5MG Mt. Sequoyah Water Tank. The decrease in these projects - Transporation Relocates, Hwy 265 W/S Relocate & 36"Waterline, Sewer Replacement -Elkins Outfall, Waterline -Huntsville (265 to Van Hoose), Fire Alarm System for W/S Op and Rain Garden is due to projects being completed and utilizing the cost savings. The Mt. Sequoyah Tank Rehab cost was budgeted in the Water System Rehabilitation/Replacement project. The Mt. Sequoyah nr$ Ravtar Tank Rohah and Painting nrninrtc whora rnmhinprl to c yo tho riry mnnipc COUNCIL DATE: 2/2/2016 LEGISTAR FILE ID#: 2016-0016 3a,rba.ra. Fe -U' 1/15/2016 1:54 PM Budget Director TYPE: DESCRIPTION: GLDATE: Date RESOLUTION/ORDINANCE I POSTED: v.20150925 TOTAL - - Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 5400.5600.5808.00 623,431 - 14010 1501 EX Water Line Improvements 5400.5600.5808.00 (75,770) 14010 1 EX Water Line Improvements 5400.5600.5301.00 (52) 14010 1 EX Public Notification 5400.5600.5808.00 (428,165) - 12009 1 EX Water Line Improvements 5400.5600.5314.00 (3,425) - 06035 2350 EX Professional Services 5400.5600.5805.00 (110) - 06035 2350 EX Land Acquisition 5400.5600.5808.00 (24,864) - 06035 2350 EX Water Line Improvements 5400.5600.5810.00 (400) - 06035 2350 EX Easements 5400.5600.5314.00 (38,920) - 11012 1201 EX Professional Services 5400.5600.5314.04 (4,455) - 11012 1201 EX Engineering Contra Servs 5400.5600.5808.00 (4,703) - 11012 1201 EX Water Line Improvements 5400.5600.5810.00 (255) - 11012 1201 EX Easements 5400.1840.5804.00 (24,512) - 14011 1 EX Building Costs 5400.1840.5801.00 (2,800) - 14012 1 EX Fixed Assets 5400.5800.5801.00 (15,000) - 14012 1 EX Fixed Assets C:\Users\Ismiih\AppDato\Rooming\LS\Temp\ 190acctle-fa3b-4c07-b279-ae3c219228b9 I oil ALA IJ® CERTIFICATE OF LIABILITY INSURANCE D0211720r16DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ncLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER MARSH USA, INC. 445 SOUTH STREET COM1 ACT PN. PHONE FAX jN�jl,.ELiJ: N E -MAR ADDRESS: MORRISAim:ItTOWN,Ce 07962-Reque1966 Am: MmLstmm.CedRequest®mareh.mm Fec 212478-0979 INSURER(S) AFFORDING COVERAGE NAIC3 INSURER A: Trevelere PMP. Casudly Co. Of America 25674 100055.USG-W/POL-15-16 INSURED SERVICE CO., INC. P0BOX 1350 B : National Union Fire Insurance Company 19445 _INSURER INSURER C: ACE Ameliwn Insuance Company 22667 D : PERRY. GA 31069 •INSURER INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC -008424877-04 REVISION NUMBER:17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I Lm TYPE OF INSURANCE AODL dUSA POLICY NUMBER 11N/DDY POLICY LPT U ty E%P UNITS A X COMMERCIAL GENERAL LIABILITY TC2J-GLSA-65002458-15 03)01/2015 03101/2016 EACH OCCURRENCE f 2.000.000 CLAIMSMADE [Ifl OCCUR L. PREMISES rlenref_ $3O0. ACED EXP one poleen) $ 10,000 PERSONALS CV INJURY $2.000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 3 3.00,000 PRODUCTS- COMPIOP AGG 3 3.000.000 POLICY [I LOC 3 OTHER: WTOMOBILE LIABILT' C2JCAP-75262959-TIL-15 03101/2015 03/91(1016 CCMSINrEOll SINGLE LDAIT $2.030.000 % ANY AUTO BODILY INJURY (Pet pemon) $ BODILY INJURY (Per erdden0 $ ALL OWNED Fi SCHEDULED AUTOS AUTOS O _ HIRED NO PRPROPERTYDAMAGE 1 f f B X UMBRELLA LIAR % OCCUR 19086788 0110112016 01101/2017 EACH OCCURRENCE $ SA00.000 AGGREGATE $ 5.000.000 EXCESS LIAR CWMS-MADE DED RETENTION A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY R RIMEN ORIPARTNDED? CUINE YIN OFFICENMEMBEA EXCLUDED? M NH) ((es, N I A TC21-UB-11608243-15 (ADS) TRK-UB-116DO255-15 '(A2. MA. OR. WI)- 031012015 031012015 0310112016 031012016 X STATUTE E.L EACH ACCIDENT $ 2,ODOAM E.L DISEASE- FA EMPLO _2.,00O E.L DISEASE - POLICY LIMIT 3 2.000,000 de Ilyee, IFTIONIbe under DESCRIPTION OF OPERATIONS Wow C CONTRACTOR'S POLLUTION COOG273722OA002 07242015 07242016 PER OCCURRENCE: 20,000,000 LEGAL LIABILITY SIR - $250,000 AGGREGATE: 20,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, AddIlene R.nMKs Schedule, may be attached K more epees Is Mqulred) RE: BID 1818 BAXTER AND MT. SEQUOYA i TANK REHABILITATION IMPROVEMENTS CONTRACT AMOUNT: $1,133,510 CITY OF FAYETTEVILLE AND GARVER LLC, THE RESPECTIVE OFFICERS. DIRECTORS, PARTNERS. EMPLOYEES, AGENTS, AND OTHER CONSULTANTS AND SUBCONTRACTORS ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION PROVIDED IN FAVOR OF ADDITIONAL INSURED UNDER THE GENERAL LIABILITY. AUTO LIABILITY AND WORKERS COMPENSATION. CERTIFICATE HOLDER CANCELLATION CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 113 WEST MOUNTAIN ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FAYETTEVILLE, AR 72701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE of Mush USA Inc. I Manashl Mukher)ee —vd vApohi .)4+..4ea a -c.A. @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228661 Certificate No. 00 64 66 8 21 KNOW ALL MEN BY THESE PRESENTS: That Famdngton Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company arc corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anne Baker, J. Karl Sherrill. Jr.. and Robert J. Allonicr of the City of High Point , State of North Carolina , their true and lawful Attomey(s)-in-Fact, each in their separa[e'capaciry if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory 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 required or permitted in any actions or proceedings allowed by law. N WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this September 2015 Jay of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paid Guardian Insurance Company 3rd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company c.aW - ' a 9`rl •r• o`i'��W nrr• e • o• w�ra4i n `te` �wart®o %N r�'7O gOp �.ue A". an • .'' 'sa aMp' State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 3rd day of September 2015 before me personally appeared Robert L. Raney, ppe who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guanlian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o.rq In Witness Whereof, I hereunto set my hand and official seal. 1*dR My Commission expires the 30th day of June, 2016. P p�krp t a. Marie C. Rueault, Notary Public 58440-8-12 Printed In U.S.A. WARNING: THIS POWER OF ATTORNEY This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President, any Second Viet President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vitt President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vitt President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomcys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Anomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fue and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company 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 have hereunto set my hand and affixed the seals of said Companies this I day of FP ( .20 Lie z(L c- l Kevin E. Hughes, Assistant Sec Lary Gam . v • s, O .....,4�1 (J��y''u[\C a c'i; rI "�6'A��4..?� a ��J� z' ,V•�Y^ ��f 1951, sent ; ≥:�SIm F :wet • 'v', ate To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond<out. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Bond Number: 106408912 DOCUMENT 00610 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Service Co., Inc. PO Box 1350. 535 Courtney Hodges Blvd. Perry, Georgia 31069 as Principal, hereinafter called Contractor, and Travelers Casualty and Surety Company of America Bond & Financial Products One Tower Square, Hartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 IlIU�DIIII�I�II�QII�� l tll IIIIlIlIIIOhlIIDIfII Doe ID: 016737260005 Type: LIE Kind: Recorded: 02/24 21Na 2 06 t 04:02:60 pr Fee gg Amt: $35.00 Pape I of 6 KyleISVlveater County, Clerk FIleBO33-00000762 as Obligee, hereinafter called Owner, in the amount of $1,133,510.00. for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated February 2. 2016. entered into a contract with Owner for BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 00610_PerformanceBond 00610- 1 14048030 DOCUMENT 00610 — PERFORMANCE BOND (continued) A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. 00610 PerformanceBond 00610-2 14048030 DOCUMENT 00610 — PERFORMANCE BOND (continued) Signed and sealed this 11th day of February 20 16. CONTRACTOR Utility Service Co., Inc. By: ar.CAb�VPa laa,ServCe3 SURETY Travelers Casualty and Surety Company of America J. Karl Sherrill, Jr., , Attorney -in -Fact ATTORNEY -IN -FACT Anne Baker, Witness as to Surety (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) (CORPORATE SEAL) COUNTERSIGNED: Resident Agent State of Arkansas Matthew K. Cashion, Jr. By 1^� a dh,._J K Cc. n (CORPORATE SEAL) Approved as to Form: Attorney for END OF DOCUMENT 00610 00610 PerformanceBond 00610-3 14048030 Bond Number: [06408912 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Util Service Co., Inc, PO Box 1350. 535 Courtney Hodges Blvd. Perry, Georgia 31069 as Principal, hereinafter called Contractor, and Travelers Casualty and Surety Company of America Bond & Financial Products One Tower Square, Hartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 II10110IOIIIl0[IIIIIIIICII[IIIIdIH0000IIlIIIlIII Doe ID: 016737260006 Type: LIE Kind: PERFORMANCE BOND Recorded: 02/24/2016 at 04:03:41 PM Fee Amt: $40.00 Pape I of 6 Maehinaton County, AR Kyle Sylvester circuit Clerk FileBO33-00000763 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of $1,133510.00, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated February 2.20 66, entered into a contract with Owner for BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611 Payment Bond 00611-1 14048160 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 0061 I_Payment Bond 00611-2 14048030 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. 00611_Payment Bond 00611-3 14048030 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) Signed and sealed this I Ith day of February 20 16 CONTRACTOR (CORPORATE SEAL) Utility Service Co., Inc. BY:_ ryry� SURETY COUNTERSIGNED: Resident Agent State of Arkansas Travelers Casualty and Surety Company of America Matthew K. Cashion, Jr. J. Karl Sherrill, Jr., Attorney -in -Fact ATTORNEY -IN -FACT Anne Baker, Witness as to Surety (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) By� ► 1 CL) \< (CORPORATE SEAL) Approved as to Form: Attorney for END OF DOCUMENT 00611 0061 I_Payment Bond 00611-4 14048030 0000149 SP 0083 .COI.P00149-1 CITY OF FAYETTEVILLE 113 WEST MOUNTAIN ST. FAYETTEVILLE, AR 72701 ACOR o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 02725/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER MARSH USA, INC. 445 SOUTH STREET CONTACT NAME: FAX INC. PHONE INC.No): MORRISTOWN, NJ 07962-1966 AM: MDrristown.CertRequesl@marsh.com Fax: 212-948-0979 E+IAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL U INSURER A: Liberty Mutual Fire Insurance Company 23035 100055-USG-W/POL-I6.17 INSURED UTILITY SERVICE CO., INC. PO BOX 1350 INSURER B: National Union Fire Insurance Company 19445 INSURER C: Liberty Insurance Corporation 42404 INSURER D: ACE American Insurance Company 22667 PERRY, GA 31069 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC -008424677-07 REVISION NUMBER:17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR rypE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDM'YY POLICY EXP MMIDDIYYYY UMITS A X — COMMERCIAL GENERAL LIABILITY rB264l444728046 03101/2016 03)01/2017 EACH OCCURRENCE $ 2,000,000 "'l v CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Eeomrnence $ 2,000,000 MED EXP (An one $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000.000 POLICY [I] LOC JECT PRODUCTS - COMP/OP AGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY $2641-044726066 03101/2016 03101/2017 COMBINED SINGLE LIMIT e mxident $ 2,000,000 X BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accCeN) $ PROPERTY DAMAGE (Per a enl NON.OWNED HIRED AUTOS AUTOS S B X UMBRELLA LWB X OCCUR 19086788 0110112016 01)01/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS UAB I CLAIMSdMDE DED X RETENTION$ 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE N❑ IM OFFICEREMBER EXCLUDED'? (Mandatory In NH) NIA WA764D-444728-016 (ADS) 03101/2016 03/01/2017 X PERRT T TOTH- E.L. EACH ACCIDENT S 2,000,000 E.L. DISEASE- EA EMPLOYEI $ 2,000.000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2.x•000 D CONTRACTOR'S POLLUTION OOG273722GA002 0712412015 07/2412016 PER OCCURRENCE: 20,000,000 LEGAL LIABILITY SIR - $250,000 AGGREGATE: 20.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached It mom space Is required) RE: BID 16-18 BAXTER AND MT. SEQUOYAH TANK REHABILITATION IMPROVEMENTS CONTRACT AMOUNT: $1,133,510 CITY OF FAYETTEVILLE AND GARVER, LLC. THE RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS. AND OTHER CONSULTANTS AND SUBCONTRACTORS ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION PROVIDED IN FAVOR OF ADDITIONAL INSURED UNDER THE GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION. CERTIFICATE HOLDER CANCELLATION CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 113 WEST MOUNTAIN ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FAYETTEVILLE, AR 72701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee JKnuaow: © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD MARSH & McLENNAN COMPANIES February 25, 2016 Marsh USA Inc. 11001 Lakellne Blvd., Bldg. 1, Suite 200 Austin, TX 78717 Subject: SUEZ North America, Inc. —Certificates of Insurance To Whom It May Concern: Regarding the Certificate of Insurance you may have received recently with regards to the above listed client, please disregard and destroy this certificate. The carrier had to correct the Workers Compensation policy number to WA7-64D-444728-016. Due to the policy recently renewing, the endorsements are not yet available. The endorsements have been ordered from the carrier and will be provided when they become available. Should you have any questions, please contact our office. Regards, U.S. Centralized Services I Marsh USA Inc. 1-866-966-4664 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 3. This insurance is excess over any valid and col - 1. WHO IS AN INSURED (SECTION II) is amended lectible insurance unless you have agreed in a to include as an insured any person or organiza- written contract for this insurance to apply on a tion (called hereafter "additional insured") with primary or contributory basis. whom you have agreed in a written contract, 4. This insurance does not apply on any basis: executed prior to loss, to name as an additional a. To any person or organization for whom you insured, but: have purchased an Owners and Contractors a. Only with respect to liability because of Protective policy. "bodily injury" or "property damage" arising b. To any person or organization who dis- out of "your work" for that additional insured tributes or sells "your products" in the regular performed by you or for you; and course of its business. b. Subject to any limitations in the written con- c. To any person or organization from whom tract regarding the scope of the additional you have acquired any products, or any in - insured status. gredient, part or container, entering into, ac - This insurance does not apply to "bodily injury" companying or containing such products. or "property damage" arising out of "your work" d. To any manager or lessor of premises with included in the "products -completed operations respect to liability arising out of the owner - hazard" unless you are required to provide such ship, maintenance, or use of that part of any coverage by written contract and then only for premises leased to you. the period of time required by the contract, but in no event beyond the expiration date of the e. To any lessor of leased equipment. policy. f. To any architect, engineer or surveyor for 2. The Limits of Insurance provided to such addi- injury or damage arising out of: tional insured shall be: (1) The preparing, approving or failing to a. The limits which you have agreed to provide; prepare or approve maps, drawings, or opinions, reports, surveys, change or- ders, designs or specifications; and b. The limits shown on the Declarations whichever is less. (2) Supervisory, inspection or engineering services. CG D1 44 01 96 Copyright, The Travelers Indemnity Company, 1996. Page 1 of 1 POLICY NUMBER: TC2J-GLSA-650G2458-TIL-15 ISSUE DATE: 03-11-15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 60 NONRENEWAL: PERSON OR ORGANIZATION: Number of Days Notice of Nonrenewal: 60 Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this schedule. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 00 12 09 © 2009 The Travelers Indemnity Company Page 1 of 1 0002492 SP 0080 -COI-P02493-I CITY OF FAYETTEVILLE 113 WEST MOUNTAIN ST. FAYETTEVILLE, AR 72701 jg ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE4MN 6D""Yn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA, INC. 445 SOUTH STREET CONTACT NAME: AX PHONE INC. NW: E-MAIL ADDRESS: MORRISTOWN. NJ 07962-1966 Attn: MDmstown.CertRequest@marsh.com Fax: 212-948-0979 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company 23035 100055-USGWIPOL-16.17 INSURED UTILITY SERVICE CO., INC. PO BOX 1350 INSURER B : National Union Fire Insurance Company 19445 INSURER c: Liberty Insurance Corporabon 42484 INSURER D: ACE American Insurance Company 22667 PERRY, GA 31069 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: NYC -008424677-06 REVISION NUMBER: 17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUWR POLICY NUMBER MMIDO/YYYY MMUU/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY TB2.641-044728.046 03/0112016 03/012017 EACH OCCURRENCE S 2,000,000 CLAIMS -MADE O OCCUR DAMAGE PRI 0 RENTED - S 2,000,000 MED EXP Pn one rson $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3.000,000 POLICY ❑ PRO- LOC JECT PRODUCTS-COMP/OP AGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY AS2-641'444728-066 03/012016 031012017 COMBINED SINGLE LIMIT a eocdmfl $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident $ NON -OWNED HIRED AUTOS AUTOS S B X UMBRELLA LIAB XL.JOCCUR 19086788 011012016 01/0112017 EACH OCCURRENCE $ 5.000,000 AGGREGATE $ 5,000,000 EXCESS UAB CLAIMS -MADE BED I X RETENTION$10000 $ C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY YIINN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA C7.641-4728.016 (ADS) 031012016 031012017 X PER 0TH - STATUTE R E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE 'EA EMPLOYEE $ 2,000,000 11 yes, descrbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 D CONTRACTORS POLLUTION COOG2737220A002 071242015 071242016 PER OCCURRENCE: 20,000,000 LEGAL LIABILITY SIR- $250,000 AGGREGATE: 20,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: BID 16-18 BAXTER AND MT. SEQUOYAH TANK REHABILITATION IMPROVEMENTS CONTRACT AMOUNT: $1,133,510 CITY OF FAYETTEVILLE AND GARVER, LLC, THE RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES. AGENTS, AND OTHER CONSULTANTS AND SUBCONTRACTORS ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT, THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION PROVIDED IN FAVOR OF ADDITIONAL INSURED UNDER THE GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION. CERTIFICATE HOLDER CANCELLATION CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 113 WEST MOUNTAIN ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FAYETTEVILLE, AR 72701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee _)TMi.nuaoy © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 14 l i veru i CC eornfol CAoan3e Order N.t3. 1 City of Fayetteville Staff Review Form 2016-0178 Legistar File ID N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Jim Beavers 3/30/2016 Utilities Director/ Utilities Department Submitted By Submitted Date Division/Department Action Recommendation: Approval of Change Order No. 1 to the construction contract with Utility Service Company, Inc to change the liability maximum insurance deductibles to$25,000.00 for the Baxter and Mount Sequoyah Tank Rehabilitation project Budget Impact: 5400.5600.5808.00 Water&Sewer Account Number Fund • 14010/1 and 1501 Water Tank Improvements Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution n 30— Original Contract Number: 2349 Approval Date: 4- 8 -ILD Comments: • • • • CITY OF aye„ev le STAFF MEMO ARKANSAS • TO: Mayor Jordan THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Staff Review • FROM: Jim Beavers, P.E. Utilities Engineer DATE: March 23, 2016 SUBJECT: Approval of no-cost Change Order no. 1 to the construction contract with Utility Service Company, Inc., Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation Improvements. RECOMMENDATION: Approval of no-cost Change Order no. 1 to the construction contract with Utility Service Company, Inc., Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation Improvements (i.e. tank painting) to change the Liability maximum insurance deductibles to $25,000.00. BACKGROUND: Utility Service Company, Inc., cannot provide the $5,000 and $10,000 deductible specified. The contractor has proposed and the Engineer of Record (Garver) and staff recommends approval of the attached $25,000 deductible. DISCUSSION: Please refer to attachments. Change Order No. 1 as prepared by the Engineer of Record, Garver. BUDGET/STAFF IMPACT: No impact for the change order. ATTACHMENTS: 1. Staff Review Form 2. Change Order no. 1 signed by the Contractor and the Engineer 3. Copy of Agreement section of the Contract Documents 4. Copy of email exchange with City Staff 5. Copy of Specifications General Conditions 00700 Article 5— Bonds and Insurance 6. Copy of Contract Certificate of Liability Insurance Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 Attachment 2 Change Order no. 1 signed by the Contractor and the Engineer 1 • Construction Contract Change Order Project Barter and Mutant Sequoyah Tank ReledlNation Improvements Re-Bid Change Order No. 1 Garter Job No.14048030 City of Fayetteville Bid 16.18 Date Prepared: March 10,2015 Prepared byc Chris Santini Garver Owner. Contiattor. City al Fayettevlle Maly Setvlce Co..Ina 113 West Mountaln Steel 535 Courtney Hodges Blvd. Fayetteville,AR 72701 Petty,GA 31069 Oncrlpdon of Wort Included In Contract Conal Includes,Out Is not limited to,the rehabilitation&recaatng at Pao water tanks;a two-hundred 0myoraueand(250,000)gallon tank located atop Mauna Sequoyah on Sonne Drive and a Ove million(5,000.000)gallon lark located on Me Baxter Tank Site located at the end of Bates Lane. Changes and Reason Ordered(List individual Changes aa:A.B,C,D,etc.) A. Revise the maximum deductible allowed from 35,000 to 525,000 fa Commercial General Liability. Specifically.within the Specific/Alarm and Centred Documents,Document 00700-General Conditions,5.021naunince:.B.The policy of Insurance do required by paragraph 5.02A to be purchased end maWehed shall:,ID(page 0070613).replace'Wed respect to the Commercial General Lbdtty poky,the maximum deductible allowed shall be 35,000.'with with respect to the Commercial General LMbWy potty,the maximum deductible allowed shall be$25,000' Revise the maxknun deductible allowed from 510,000 to 525.050 far Properly Insurance. Specifically,within the Specifications end Contract OaWmmla. B. Doaanent 00700-General Candtlons,502 Inaurnwa:,D.Properly Insurance:,1..h.(page 0070014),replace line a deductible amoral of 510.000?with'have a deductible amount 01$25.000. Amachmeets: Bid Bld Unit Original Centred Revised Revised Original Revised Contract Item mem of Centred Una CPbrbata Uni Estimated Estimated Chances No. Desa'ipdon Measure Ouamity Price Quantity Price Coat Cost 50.00 50.00 30.00 50.00 10.00 10.00 50.00 30.00 30.00 $0.00 30.00 10.00 10.00 50.00 10,00 30.00 30.00 50.00 30.00 10.00 50.00 50.00 30.00 30.00 30.00 $0.00 30.00 30.00 50.00 30.00 10.00 $0.00 30.00 50.00 Summation of Cost 30.00 10.00 Nal Cost for this Change Order 30.00 Estimated Project Cost Time Change Estimated Pipet Cost Odghol Contract Start Oate Original Centred Amount $1.133,510.00 Odgnal Contract Time(calendar days) 200 This Change Order 30.00 Additional Calender Days granted by this Change Order New Contract Amount 51,133,510.00 New Contract Time(calendar days) Suspended Time New Construction Comddlon Date THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS ti t INDICATED Project Manager 03/18/16 Engineer Garver l )osfik kas Enginekr Signature Title Dobe ACCEPTED BY • '/vJ CONTRACTOR / _ / v • 'I, r 3)) S ) I6 Conde e Signature 7Ne Date APPROVED BY OWNER � • /_A6 ehtilt 5•nature Tele Date DOCUMENT 00500—AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS THIS AGREEMENT is dated as of the 2nd day of February in the year 2016 by and between The City of Fayetteville,Arkansas and UTILITY SERVICE GROUP,INC.(hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. Refer to SECTION 00400 BID FORM for quantities. ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by Garver, LLC. Garver,LLC assumes all duties and responsibilities,and has the rights and authority assigned to City of Fayetteville Utility and/or Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE A. All time limits for milestones,if any,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work will be completed and ready for final payment within 200 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. In the event of a disruption to public or emergency communication services,Contractor shall immediately suspend work until the public or emergency communications are restored. The completion time shall not be tolled in the event of the suspension of work due to damage to public or emergency communication equipment. 00500_Agreement 00500- 1 14048030 DOCUMENT 00500—AGREEMENT(continued) 3.03 LIQUIDATED DAMAGES: • A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above,plus any extensions, thereof allowed in accordance with the GENERAL CONDITIONS. Accordingly, instead of requiring any such proof,The City of Fayetteville and Contractor agree that as liquidated damages for delay(but not as a penalty)Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars($750.00)for each calendar day that expires after the time specified in Paragraph 3.02 for completion and readiness for final payment until the Work achieves final completion. 3.04 COMPENSATORY DAMAGES RELATING TO COMMUNICATIONS EQUIPMENT - A. Owner and Contractor recognize that communications equipment located on the Mt.Sequoyah tank is vital to the public and emergency services.In the event these communications are disrupted,the City of Fayetteville will suffer financial loss until communications are completely restored. B. Accordingly,the City of Fayetteville and Contractor agree that as damages Contractor shall pay The City of Fayetteville the actual costs of repair,installation, utility coordination and lost time for City employees (as determined by the City)for each disruption caused by the Contractor.Repairs will be made to the satisfaction of the City/utility owner.Damages will be withheld from future payments or collected following final completion of the project. C. The Contractor will also be responsible for any and all potential damage claims, resulting from the disruption of communications. • 00500_Agreement 00500-2 14048030 DOCUMENT 00500—AGREEMENT(continued) ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal(SECTION 00400-BID FORM)which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. ARTICLE 5- PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS,RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the . Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer,on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in 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 Requirements. I. Prior to completion,progress payments will be made in an amount equal to the percentage indicated below,but, in each case, less the 00500_Agreement 00500-3 14048030 DOCUMENT 00500—AGREEMENT(continued) aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 90%of Work Completed(with the balance being retainage). If Work has been 50%completed as determined by Engineer,and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer,The City of Fayetteville on recommendation of Engineer,may determine that as long as the character and progress of the Work subsequently remain satisfactory to them,there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made;and b. 100%of Equipment and Materials not incorporated in the Work but delivered,suitably stored,and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS,The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. • 00500_Agreement 00500-4 14048030 DOCUMENT 00500—AGREEMENT(continued) ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.0 I In order to induce The City of Fayetteville to enter into this Agreement,Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress, performance,and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress, performance,and furnishing of the Work. D. Contractor has carefully studied all: (I) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site;and (2) Reports and drawings of a Hazardous Environmental Condition, if any,at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied(or assumes responsibility of having done so)all such additional supplementary examinations, investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Site or otherwise which may affect cost, progress,performance,and furnishing of 00500_Agreement 00500-5 14048030 DOCUMENT 00500—AGREEMENT(continued) the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of constriction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations,explorations,tests,studies,or data are necessary for the performing and furnishing of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts,errors, ambiguities,or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500_Agreement 00500-6 14048030 DOCUMENT 00500—AGREEMENT(continued) following and may only be amended,modified,or supplemented as provided in the GENERAL CONDITIONS: • I. This Agreement. 2. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance,Payment,and other Bonds. 4. General Conditions. 5. Supplementary Conditions. • 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof,with each sheet bearing the following general title: City of Fayetteville Fayetteville,AR Baxter and Mount Sequoyah Tank Rehabilitation Improvements 8. Addenda number I 9. 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 GENERAL CONDITIONS. ARTICLE 8- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 00500_Agreement 00500-7 14048030 DOCUMENT 00500—AGREEMENT(continued) 8.02 ASSIGNMENT OF CONTRACT: A. 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),and 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 tinder the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself,his partners, successors,assigns,and legal representatives to the other party hereto, its partners,successors,assigns, and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. 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 00500_Agreement 00500-8 14048030 DOCUMENT 00500—AGREEMENT(continued) and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-I9-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOR may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508)prohibits the filing of any mechanics'of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF,The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed,or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. • 00500_Agreement 00500-9 14048030 DOCUMENT 00500—AGREEMENT(continued) This Agreement will be effective on February 2 2016 which is the Effective Date of the Agreement. CONTRACTOR UTILITY SERVICE GROUP,INC. CITY F FAYETTEVILLE I ONIL.DJeR) , MAYOR By: // llllllllll l`lll.aK/T�f i Title: Jonathan Cato,VP of Tank Services c :FAYETTEVILLE (SEAL) (sLiike�'' PJ ro ! `° rnunui.d tr � :'O Attest Se—‘ L 'n /.�•rc. C . �SJavcw�' Shane Albritton, Secretary SONDRA SMITH,CITY CLERK(ATTEST) 00500_Agreement 00500- 10 14048030 , • DOCUMENT 00500—AGREEMENT(continued) Address for givingMenu nodose Menu gulag polka S$5 c.0... 1sae, Pnotove3 131uo{_ 1.0 W.Mounter' ?err tall O LAI Favettev0te,AR 72701 License No. CIO 41 I L Ca o4 .I (a (attach evidence authority 10 sip and resolution or otha doc uneats Ascot for Service apneas C �1 suthorhing execution of Agreanene)C�r� ..SPtYtS r.9.9ry Of Contractor Is a corpondon, �G ApprovedAsto Form:- attaottevidence ofauthority to A/ ry ` sign.) Dy: Attorney For. --F-4-`?LAC-at END OF DOCUMENT 00500 O0500joement doer 00500.I I 14048030 Utility Service Group. RESOLUTION OF BOARD OF DIRECTORS OF UTILITY SERVICE CO.,INC. BE IT RESOLVED that Jonathan Cato,Vice President of Tank Services,of Utility Service Co.,Inc.,is hereby authorized and empowered by the Board of Directors as of December 20,2013 to execute any and all bid bonds, bid responses,and bid contracts on behalf of Utility Service Co.,Inc. UTILITY SERV IC'ti CO.,INC. `_' 3�_ By. `'}D inique Demessencc CEO CERTIFICATE OF SECRETARY OF UTILITY SERVICE CO..INC. I,J. Shane Albritton,as Secretary of Utility Service Co.,Inc.,do hereby certify that the above Resolution was duly proposed,adopted,and resolved,during a meeting of Utility Service • Co., Inc.,a corporation,on the 20th day of December, 2013. So executed on the 20th day of December,2013. J. Shgfic'Albritton,-- [Corporate Seal] 535 Courtney Hodges Blvd I P 0 Box 1350 I Perry,GA 31069 Local:478.987.0303 I Toll-Free:855.526.4413 I Fax:478.987.1085 I utilityservice.com Beavers, Jim From: Rennie,Andrea Sent: Tuesday, February 23, 2016 11:05 AM To: Beavers,Jim Cc: Nyander,Tim;CRBuntin@GarverUSA.com; Pennington, Blake; Rennie, Andrea Subject: RE: Bid 16-18 Fayetteville- Status request Jim, I spoke with our Assistant City Attorney, Blake Pennington. The City can accept the$25,000 deductible modification with a change order to the agreement. This can be sent through Legistar for the Mayor's signature as change order#1 with no monetary change. This won't require City Council approval. Thanks, Andrea Andrea Foren Rennie, CPPO, CPPB Purchasing Manager Purchasing Division 113 W. Mountain City of Fayetteville,Arkansas 72701 aforen@fayetteville-ar.gov T 479.575.8220 I F 479.575.8257 Website I Facebook I Twitter I YouTube CITY OF o ' c�;:vim•. ¶ .tevi1e RECYCLE SOMETHING • ARKANSAS munmi nwai www.layetteville ar.gov From: Beavers,Jim Sent:Tuesday, February 23, 2016 9:56 AM To: Rennie, Andrea <aforen@fayetteville-ar.gov> Cc: Nyander, Tim<tnyander@fayetteville-ar.gov>;CRBuntin@GarverUSA.com Subject: Re: Bid 16-18 Fayetteville-Status request Only what they have stated. Jim Sent from my iPhone On Feb 23, 2016, at 9:29 AM, Rennie,Andrea<aforen@fayetteville-ar.gov>wrote: Do we know why they are unable to supply a deductible to match the specifications? Andrea Foren Rennie,CPPO, CPPB Purchasing Manager Purchasing Division 113 W. Mountain City of Fayetteville, Arkansas 72701 a foren @fayettevi Ile-a r.eov T 479.575.8220 I F 479.575.8257 Website I Facebook I Twitter I YouTube <image004.png> <image005.png> From: Beavers,Jim Sent:Tuesday, February 23, 2016 9:28 AM To: Rennie,Andrea <aforen@favetteville-ar.eov> Cc: Nyander,Tim<tnyander@fayetteville-ar.eov>; Buntin, Chris, R<CRBuntin@GarverUSA.com> Subject: FW: Bid 16-18 Fayetteville-Status request Andrea, The Baxter and Mount Sequoyah water tank paint/rehabilitation project. Construction Bid 16-18 The specifications(00700 page 13) require a maximum$5,000 deductible, the contractor can only supply a maximum deductible of$25,000. Please see attached and below. <image006.jpg> May we proceed to finalize and sign the contract documents? Thank you, Jim Beavers From: Buntin, Chris, R [inailto:CRBuntin@GarverUSA.com] Sent:Tuesday, February 23, 2016 9:16 AM To: Beavers,Jim<jbeavers@fayetteville-ar.eov> Subject: FW: Bid 16-18 Fayetteville-Status request Jim, 2 Please see below. Is the $25,000 deductible ok? Thank you, Chris Chris Buntin, P.E. Garver 479-527-9100 From: Dimsdale,Curt [mailto:cdimsdale@utilityservice.comJ Sent:Tuesday, February 23, 2016 8:47 AM To: Buntin,Chris, R<CRBuntin@GarverUSA.com> Subject: RE: Bid 16-18 Fayetteville-Status request • Chris, In have attached the revised Certificate of Insurance. I have also inserted the reply from our insurance carrier regarding the deductibles and fire protection. The deductible is generally review at renewal time and base on your risk appetite and financial strength etc.The same deductible applies to the Suez group and not on a project by project basis.Giving the size of your company,the current deductible of$25,000 is considered low,and it's very unlikely that your insurer will agree to a lower deductible for this one project. Please call me if you wish to discuss this matter further. Thanks, Ray Ray Mandala Advisory Specialist Global Risk Management I U.S. Property Practice Marsh USA Inc. 11166 Avenue of the Americas,New York,NY 10036,USA T:212-345-7223 I C:929-270-8344 Ray.Mandala@Marsh.com www.marsh.com Fire Damage on the Liability Certificate is now called Damages to Premises Rented.This was a change made Acord and NCCI a few years back. P.Kevin O'Sullivan I Vice President Marsh USA Inc. I Casualty Advisory 445 South Street,Suite 2101 Morristown,NJ 07962-1966, USA t:973 401 5262 I c:862 579 5161 1 f:973 401 5368 e:Kevin.OSullivan@marsh.com I www.marsh.com I will forward the schedule and info for the pre-con a little later today. Let me know if you have any questions regarding the insurance. Thanks, Curt Dimsdale Project Engineer <image008.jpg> 3 535 Courtney Hodges Blvd • P 0 Box 1350 • Perry, GA 31069 Office:478-988-52531 Mobile:478-36142571 Fax:478-987-9657 cdimsdale anutilitvservice.com utilitvservice.com tank asset mgt.I tank condition assessment I lank rehabilitation I ice pigging I Um removal I water mix l chemical cleaning I water well asset mgt.I water well rehab I valve&hydrant asset mgt.I g.i.s.asset mgt.I leak detection services l smart metering I communications • 4 Attachment 5 Copy of Specifications General Conditions 00700 Article 5 — Bonds and Insurance DOCUMENT 00700—GENERAL CONDITIONS: (continued) ARTICLE 5- BONDS AND INSURANCE 5.01 PERFORMANCE AND OTHER BONDS: A. Contractor shall furnish performance and payment Bonds,each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents.These Bonds shall remain in effect at least until two years after the date when final payment is approved by Owner,except as otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by Law or • Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570(amended)by the Financial Management Service, Surety Bond Branch,U.S. Department of the Treasury. All bonds shall be signed by an Arkansas Agent. B. The Bonds shall be automatically increased in amount and extended in time without formal and separate amendments to cover full and faithful performance of the Contract in the event of Change Orders, regardless of the amount of time or money involved. It is Contractor's responsibility to notify his surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Times. C. Bonds signed by an agent must be accompanied by a certified copy of the authority to act. D. Date of Bonds shall be the same as the Effective Date of the Agreement. E. If at any time during the continuance of the Contract,the surety on any Bond becomes unacceptable to Owner for financial reasons,Owner has the right to require additional and sufficient sureties which Contractor shall furnish to the satisfaction of Owner within ten days after notice to do so. 1. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01A,Contractor shall within five days thereafter substitute another Bond and surety,both of which must be acceptable to Owner. 5.02 INSURANCE: A. Contractor's Liability Insurance: I. Contractor and all of his subcontractors shall purchase and maintain such liability and other insurance as is appropriate for the Work being furnished and performed and as will provide protection front claims set forth below which may arise out of or result from Contractor's furnishing and performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor,any Subcontractor or Supplier,or by anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any of them may be liable: a. Claims under workers' compensation,disability benefits,and other similar employee benefit acts; 00700 GeneralConditions.docx 00700—II 14048030 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) • b. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees; c. Claims for damages because of bodily injury,sickness,or disease,or death of any person other than Contractor's employees; d. Claims for damages insured by reasonably available personal injury liability coverage which are sustained:(i)by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or(ii)by any other person for any other reason; e. Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property wherever located, including loss of use therefrom; f. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property;and g. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance,or use of any motor vehicle. 2. The insurance required by this paragraph shall include the specific coverages, and be written for not less than the limits of liability specified or required by Law,whichever is greater. a. Umbrella General Liability $5,000,000 b. Workers' compensation Statutory(State and Federal Limits) Employer's Liability $500,000 each accident c. Commercial General Liability (1) General Aggregate $2,000,000 (2) Products-Completed Operations Aggregate $2,000,000 (3) Personal&Advertising Injury Limit $1,000,000 (4) Each Occurrence Limit $1,000,000 (5) Fire Damage Limit $ 100,000 (6) Medical Expense Limit $ 5,000 d. Business Automobile Liability (I) Any one loss or accident $1,000,000 B. The policies of insurance so required by paragraph 5.02A to be purchased and maintained shall: 1. with respect to insurance required by Paragraphs 5.02A.1.c through 5.02A,I.g inclusive,include as additional insureds by endorsement(subject to customary exclusion in respect of professional liability)Owner, Engineer, and Engineer's Consultants, and include coverage for the respective officers, directors,partners,employees,agents,and other consultants and subcontractors of each and any of all such additional insureds,and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability specified in Paragraph 5.02A.2 or required by Laws and Regulations,whichever is greater; 3. with respect to insurance required by paragraphs 5.02A I.e through 5.02A I.g inclusive,include premises/operations,products,completed operations, independent contractors,and personal injury insurance,; 00700 GeneralConditions.docx 00700- 12 14048030 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 4. include in the Commercial General Liability policy,contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.06,6.10,and 6.16,and written for not less than the limits of liability and coverages specified above; 5. contain a provision or endorsement that the coverage afforded will not be cancelled,materially changed,or renewal refused until at least 30 days' prior written notice by certified mail has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued; 6. provide Broad Form Property Damage coverage and contain no exclusion (commonly referred to as XC&U exclusion) relative to blasting,earthquake, flood,explosion,collapse of buildings,or damage to underground property; 7. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting,removing,or replacing defective Work in accordance with Paragraph 13.07; 8. with respect to completed operations insurance,and any insurance coverage written on a claims-made basis,remain in effect for at least two years after final payment and Contractor shall furnish Owner and each other specified additional insured to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter; 9. include Independent Contractors Protective Liability coverage;and 10. with respect to the Commercial General Liability policy,the maximum deductible allowed shall be$5,000. 1 I. Owner and Contractor waive all rights against each other and their respective officers,directors,partners,employees,agents,and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of,or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02A and any other liability insurance applicable to the Work; and, in addition,waive all such rights against Subcontractors,Engineer,Engineer's Consultants,and all other individuals or entities endorsed as insureds or additional insureds(and the officers, directors,partners,employees,agents and other consultants and subcontractors of each and any of them)under such policies for losses and damages so caused. As required by Paragraph 6.05D,each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner,Contractor,Engineer, Engineer's Consultants,and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. with respect to the Commercial General Liability policy, the maximum deductible allowed shall be$5,000. C. Owner's Protective Liability Insurance: I. Contractor shall be responsible for purchasing and maintaining Owner's Protective Liability insurance with Owner,and Engineer as named insureds. 2. This insurance shall have the same limits of liability as the Commercial General Liability insurance and shall protect Owner and Engineer against any and all claims and liabilities for injury to or death of persons,or damage 00700_GeneralConditions.docx 00700- 13 14048030 • DOCUMENT 00700—GENERAL CONDITIONS:(continued) to property caused in whole or in part by,or alleged to have been caused in whole or in part by,negligent acts or omissions of Contractor or Subcontractors or any agent,servant,worker,or employee of Contractor or Subcontractors arising from the operations under the Contract Documents. 3. This insurance may be provided by endorsement to Contractor's Commercial General Liability insurance policy. D. Property Insurance: 1. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full insurable value thereof(subject to such deductible amounts as follows)or as required by Laws or Regulations.This insurance shall: a. be on the completed value form and include the interests of Owner, Contractor,Subcontractors,Engineer,and Engineer's Consultants,and the officers,directors,partners,employees,agent, and other consultants and subcontractors of each and any of them,each of whom is deemed to have an insurable interest and shall be listed as an additional insured; b. be written on a Builder's Risk"all-risk"or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings, false work,and Equipment and Materials,and shall insure against at least the following perils or causes of loss: fire,lightning,extended coverage, theft,vandalism and malicious mischief,earthquake,collapse,debris removal,demolition occasioned by enforcement of Laws and Regulations,water damage, terrorism,and.such other perils(as flood,earthquake,explosions, collapse,underground hazard)or causes of loss as may be specifically required in the Contract Documents; c. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers, architects,attorneys,and other professionals); d. cover Equipment and Materials stored at the Site or at another location that was agreed to in writing by Engineer prior to being incorporated in the Work,provided that such Equipment and Materials have been included in an Application for Payment recommended by Engineer; e. allow for partial utilization of the Work by Owner; f. include testing and startup; g. be maintained in effect until final payment(or the Owner assumes beneficial occupancy and agrees to provide insurance coverage for the facilities so occupied)is made unless otherwise agreed to in writing by Owner,Contractor,and Engineer with 30 days' written notice to each other additional insured to whom a certificate of insurance has been issued;and h. have a deductible amount of$ 10,000. 2. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as required by Laws and Regulations which will include the interests of Owner,Contractor, Subcontractors,Engineer, and Engineer's Consultants in the Work,each of whom is deemed to have an insurable interest and shall be listed as insured or additional insured parties. 3. All policies of insurance required to be purchased and maintained in accordance with Paragraph 5.02D will contain a provision or endorsement 00700_GeneralConditions.docx 00700-14 • 14048030 DOCUMENT 00700—GENERAL CONDITIONS: (continued) that the coverage afforded will not be cancelled or materially changed or renewal refused until at least 30 days' prior notice by certified mail has been given to Owner and Contractor and to each additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.02F below. 4. Copies of the policies shall be furnished for property insurance.Certificates will not be acceptable. E. Transit Insurance: Transit insurance shall be furnished by Contractor to protect Contractor and Owner from all risks of physical loss or damage to Equipment and Materials, not otherwise covered under other policies,during transit from point of origin to the Site of installation or erection. 2. This insurance shall be written on an"All Risk"basis with additional coverages applicable to the circumstances that may occur in the particular Work included in this Contact. 3. This insurance shall be in an amount not less than 100%of the manufactured or fabricated value of items exposed to risk in transit at any one time. 4. This insurance shall contain a waiver of rights of subrogation the insurer may have or acquire against Engineer. F. Waiver of Rights: Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.02D will protect Owner,Contractor,Subcontractors,Engineer, Engineer's Consultants,and other individuals or entities endorsed as insureds or additional insureds(and the officers,directors,partners,employees, agents,and other consultants and subcontractors of each and any of them)in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby.All such policies shall contain provisions to the effect that in the event of payment of any loss or damage,the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder;and if the insurers require separate waiver fonns to be signed by Engineer or Engineer's Consultants, Owner will obtain the same,and if such waiver forms are required of any Subcontractor,Contractor shall obtain the same. 2. Owner and Contractor waive all rights against each other and their respective officers,directors,partners,employees,agents,and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of,or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02D and any other property insurance applicable to the Work;and,in addition,waive all such rights against Subcontractors;Engineer,Engineer's Consultants,and all other individuals or entities endorsed as insureds or additional insureds(and the officers, directors,partners,employees,agents,and other consultants and subcontractors of each and any of them)under such policies for losses and damages so caused. As required by Paragraph 6.05D,each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner,Contractor,Engineer, Engineer's Consultants,and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that 00700 GeneralConditions.docx 00700-15 14048030 DOCUMENT 00700—GENERAL CONDITIONS: (continued) any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. G. Receipt and Application of Insurance Proceeds: I. Any insured loss under the policies of insurance required by Paragraph 5.02D will be adjusted with Owner and made payable to Owner as fiduciary for the insureds,as their interests may appear,subject to the requirements of any applicable mortgage clause and of Paragraph 5.02G.2. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach.If no other special agreement is reached,the damaged Work shall be repaired or replaced,the moneys so received applied to account thereof,and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 2. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection is made,Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached,Owner as fiduciary shall adjust and settle the loss with the insurers and,if required in writing by any party in interest,Owner as fiduciary shall give bond for the proper performance of such duties upon the occurrence of an insured loss. H. Acceptance of Insurance: 1. If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with Paragraph 5.02 on the basis of non-conformance with the Contract Documents,Owner shall so notify Contractor in writing thereof within 10 days of the date of delivery of such certificates and other evidence of insurance to Owner required by Paragraph 2.05C. 2. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the insurance required of such party by the Contract Documents,such party shall notify the other party in writing of such failure to purchase prior to the start of the Work,or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy,the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage,and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization,Acknowledgment of Property Insurer: 1. ]f Owner finds it necessary to occupy or use a portion or portions of the Work prior to Final Completion of all the Work as provided in Paragraph 14.06,no such use or occupancy shall commence before the insurers providing property insurance pursuant to Paragraph 5.02D have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby.The insurers providing the property insurance shall consent by endorsement on the policy or policies,but the property insurance 00700_GeneralConditions.docx 00700-16 14048030 DOCUMENT 00700—GENERAL CONDITIONS: (continued) shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE: A. Contractor shall supervise and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for and have control over construction means,methods, techniques,sequences,and procedures and for coordinating all portions of the Work, but Contractor shall not be responsible for the negligence of others in the design or selection of a specific means,method, technique,sequence,or procedure of • construction which is indicated in and required by the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 13. Contractor shall keep on the Work at all times during its progress a competent resident superintendent,who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. C. When manufacturer's field services in connection with the erection,installation, start-up,or testing of Equipment furnished under this Contract,or instruction of Owner's personnel thereon are specified,Contractor shall keep on the Work,during its progress or as specified,competent manufacturer's field representatives and any necessary assistants. 6.02 LABOR,EOUIPMENT,AND MATERIALS: A. Contractor shall provide competent,suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents,all Work at the Site shall be performed during regular working hours,and Contractor will not permit overtime work or the performance of Work on Saturday,Sunday,or any legal holiday without Engineer's written consent. B. Unless otherwise specified in the General Requirements,Contractor shall furnish and assume full responsibility for all Equipment and Materials,labor,transportation, construction equipment and machinery,tools,appliances,fuel,power,light,heat, telephone, water,sanitary facilities,temporary facilities,and all other facilities and incidentals necessary for the furnishing,performance,testing,start-up,and completion of the Work. C. All Equipment and Materials shall be of good quality and new,except as otherwise provided in the Contract Documents. If required by Engineer,Contractor shall furnish to Engineer satisfactory evidence(including reports of required tests)as to the kind and quality of Equipment and Materials. All Equipment and Materials shall be applied, installed,connected,erected, used, cleaned,and conditioned in 00700_GeneralConditions.docx 00700-17 14048030 ACORO CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDWYYY) 0110/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. DAMEPHONE 445 SOUTH STREET INC.No.Ay* _ ,:P/C,Not — MORRISTOWN.NJ 07962.1966 E-MAIL Ann:Morristown CertRequesl@marsh.cam Fax:212.948.0979 ADDRESS: INSURER(S)AFFORDING COVERAGE I NATO I 100055USG.W_/PCL-1617 INSURER A:Liteny Mutual Fke Insurance Canpany 23035 INSURED INSURER B:National Won Fire Insulate Company .19445 UTILITY SERVICE CO.INC. - - ---- PO BOX 1350 INSURER C:Lterly IMWante Capaalion .42404 PERRY.GA 31069INSURER 0:ACE Allied=Insurance Company ;22667 INSURER E: (-_- INSURER F: I COVERAGES CERTIFICATE NUMBER: NYC-008424677.09 REVISION NUMBER:19 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (LTRii rV TYPE OF INSURANCE —`ADOL SURA' �— I POLICY EFF I POLICY E%P LIMITS /RICO WVD' POLICY NUMBER IMMIDD/YYYVI (MM/UONYYY1 A I X I COMMERCIAL GENERAL LIABILITY I 1182641-444728046 0310172016 {017712117 'EACH OCCURRENCE �$ 2,000,000 113i0T AGE 10 RESTED F -�CLAIMS MADE Fl OCCUR I PREMISESEELICSNue_d e1 '$ 2,000EICe I I MED EXP(My one person) .$ 10.000 II{{ _ _ PERSONA.6 ADV INJURY S 2,000,000 (GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE_.5 3.000,000 RRI %1 POLICY LI jE n LOC I PRODUCTS.COMP/OP AGG $ 3.000,000 I OTHER I ,5 A AUTOMOBILE LIABILITY 'AS2-641-044728066 0311112016 031012017 j COIABINEOSINGLE LIMIT $ I (Ea MY+emp 2.000000 I %,ANY AUTO I BODILY INJURY(Pm person) •5 ALL OWNED r--- SCHEDULED BODILY INJURY(Par 00:40111)'t AUTOS 1 AUTOS I - OVJNED PROPERTY OMMGE H NON HIRED AUTOS AUTOS I 11Per°coot") I s B UMBRELLA LIAR II% 1)OCCUR 19086788 101012016 014012017 I EACHOCCURRENCE_ — 5.000.000 EXCESS LIAB I CLAIMS-MADE 1 ( (AGGREGATE .S 5000,090 ( DED I% ,RETENTIONS 10,000 I I I5 C WORKERS COMPENSATION iWA7-640444728016(AOS) 01012016 10310112017 X I$7RTIJTE I I ETH AND EMPLOYERS'LIABILITY Y/NI —' -ANY PROPRIETOWPARTNE(UE%ECUTIVE I E.L.EACH ACGDEWT rE 2.000.000 OFFICER/MEI.IBER EXCLUDED? n NIA — IMyaansatoryIInnNH) .ends I EL_DISEASE_EA EMPLOYEE$ 2,000.000 'DESCRIPTION OF OPERATIONS below I E L DISEASE-POLICY LIMIT S 2.000.000 D CONTRACTORS POLLUTION I 'COOG2737220A002 07/24/2015 071242016 PER OCCURRENCE: 20.000.000 LEGAL LIABILITY I SIR.$250.000 I AGGREGATE' 20,000.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORO 101.Adeillonel Remarks SCBSEule,may be moaned II mon space Is Aquired) RE BID 1818 BAXTER AND MT.SEOUOYAH TANK REHABILITATION IMPROVEMENTS CONTRACT AMOUNT:51.133.510 CITY OF FAYETTEVILLE AND GARNER LLC.THE RESPECTIVE OFFICERS.DIRECTORS.PARTNERS,EMPLOYEES.AGENTS.AND OTHER CONSULTANTS AND SUBCONTRACTORS ARE INCLUDED AS ADDITIONAL INSURED(EXCEPT WORKERS COMPENSATION)WHERE REQUIRED BY WRITTEN CONTRACT THIS INSURANCE IS PRIMARY AND NONCONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO UABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REOUIRED BY WRITTEN CONTRACT.WANER OF SUBROGATION PROVIDED IN FAVOR OF ADDITIONAL INSURED UNDER THE GENERAL LIABILITY.AUTO LIABILITY AND WORKERS COMPENSATION. I CERTIFICATE HOLDER CANCELLATION CITY OF FAY ElTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 113 WEST MOUNTAIN ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FAYETTEVILLE.AR 72701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Mash USA Inc. Manashl Mukheriee -JYla...not.: ...144.....40,.,.4._._ I 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Jim Beavers Submitted By Change DOC( ti10. a City of Fayetteville Staff Review Form 2016-0318 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/23/2016 Submitted Date Action Recommendation: Utilities Director / Utilities Department Division / Department Approval and signature of Change Order No. 2 to Utility Service Company, Inc. in the amount of $101,649.00 for internal structural repairs to the Baxter Water Tank. 5400.5600.5808.00 Account Number 14010.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Water/Sewer Fund Water Tank Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 1,327,847.00 $ 1,226,196.79 $ 101,650.21 $ 101,649.00 $ 1.21 V20140710 Previous Ordinance or Resolution # CMIC0 Original Contract Number: Comments: 2399 Approval Date: 1- Le -SOI Lo CITY OF Ta*y* e ARKANSAS sl TO: Mayor Jordan THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director FROM: Jim Beavers, Utilities Engineer DATE: June 24. 2016 STAFF MEMO SUBJECT: Construction Bid 16-28, Baxter and Mt. Sequoyah Tank Rehabilitation Improvements, approval of Change Order No. 2 to Utility Service Co., Inc. in the amount of $101,649.00 RECOMMENDATION: Approval of attached Change Order No. 2 to Utility Service Co., Inc. in the amount of $101,649.00 for internal structural repairs to the Baxter Water Tank. BACKGROUND: Original contract: Resolution 34-16 approved 2/2/2016 in the amount of $1,133,510.00 plus a project contingency of $113,351.00. Project Number 14010 Contract 2399 Purchase Order number 16-0000114. Previous Change Order No. 1 dated 4/8/2016 was a no cost change order to clarify insurance requirements. Previous expenditures from the project contingency (tree trimming) were $11,702.00 The Baxter water tank was placed in service in 1971. DISCUSSION: The structural repairs are required due to internal corrosion of the water tank generally at the roof area. The corrosion and required repairs were identified subsequent to the blast cleaning of the interior surfaces which (blasting) then permitted additional structural inspection. The total identified structural repairs will cost $124,385.00. Proposed Change Order No 2 (this request) has been designed by the engineer of record, Garver. The proposed change order has been negotiated by the contractor, Garver and the City. In order not to delay the contractor, staff requests approval of attached Change order No. 2 utilizing the available project contingency of $101,649.00. A separate and additional Change Order No. 3 to include the additional structural repairs of $22,736.00 plus an addition to the project contingency, is in process for Legistar review and City Council consideration. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Change Order No. 2 utilizes $101,649.00 of the available $101,649.00 project contingency. ATTACHMENTS: Staff Review Form Copy of Signed Proposed Change Order No. 2 tf Construction Contract Change Order Project: ange Order No. 2 REVISED Garver Job No. 14048030 City of Feycnovita Bid 16.18 te Prepared: Thursday, June 23. 2016 Garver Job No. 14048030 Prepared by: Chris Bunlin. Garver Owner: ntractor: I City of Fayetteville lity Service Co., Inc. 113 West Mountain Street 535 Courtney Hedges Blvd. Fayetteville. AR ]2]01 rty. GA 31069 Description of Work Included in Contract Contract includes. but is not limited to. the rehabilitation & resealing of two water Jenks; a two -hundred fifty -thousand (250.000) gallon tank boated atop Mount Sequoyah on Skyline Drive and a five million (5,000,000) gallon tank located on the Baxter Tank Site located al the end of Baxter Lone. Changes and Reasons Ordered (List Individual Changes as: A, B, C, D, etc.) Unforeseen Interim structural repairs were Identified and verified upon completion of basting at the five million gallon Baxter Tank. The items below are required to restore the structural Integrity of the tank. Enlarge existing roof vent opening to Improve access to rafter ends. Repair 30 rafters according to the attached Drawing: Center Column Roger Repairs. Includes removing old plate and bolts, grindfcol corroded end of rafters, weld new plates, dean new metal and spot prime all bare steel Upon completion of rafter repairs instal A. a 36' diameter vent neck with adapter plates for 24' diameter root vent. Now vent, as already required by Contract Documents, w0 be Installed at center of tank, end existing vent will be relocated to ventilation hatch. Repair 305 LF of ring girder, according to attached Drawing: Ring Girder a Vert Stiffener Repair, at locations Identified by Engineer in Ste Visit Report dated 5.24- B. 2016. For coating, pre -prime steel per project specifications, make repairs, power tool clean areas affected by weld to bare metal in accordance with SSPC-SPI I. leather transition between intact primer and exposed steel, and apply primer. Repair 53 knuckle stiffeners, according to attached Drawing: Ring Girder & Vert Stiffener Repair, at locations identified by Engineer in Site Visit Report dated 5-24. C. 2018. For coating, pre -prime steel per project specifications, make repairs, power tool dean areas affected by weld to bare metal in accordance with SSPC'SP11. leather transition between Intact prime, and exposed elect and apply primer. Attachments: Bid Bid Unit Original Contract Revised Revised Original Revised Contract Item Item of Contract Unit Contract Unit Contract Contract Changes No. Description Measure Capably Price Ouanti Prise Cost Cost A. 35 (COk2) Baxter Center Support Column Lump Sum 0 $0.00 1 516.220,00 £0.00 $16.220.00 RC airs B. 36 (CO#2) Baxter Ring Girder Repairs Lump Sum 0 $0.00 I $65,024.00 $0.00 $65,024.00 C. 37 COgt Knuckle Stiffener Repairs Lump Sum 0 $0.00 1 $20.405.00 $0.00 $20,405.00 $0.00 $0.00 Summation of Cost $0.00 $101,649.00 Net Cost for this Change Order1 $101,649.00 Estimated Project Cost Time Change Estimated Project Cost Contracl Start Date Mardi 25. 2016 Original Contract Time (calendar days) 200 Original Contrail Amount $1,133,510.00 Previously Approved Changes $0.00 Previously Approved Changes (calendar days) 0 This Change Order $101,649.00 Additional Contract Time This Change Order (calendar days 6D New Contract Amount $1,235,159.00 Suspended Time (calendar days) 0 New Construction Completion Date December 10, 205 THIS AGREEMENT IS.SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE -- Proj . Mgr. 06/24/16 Engineer: Garver Engine'r's Slonature Title Date ACCEPTED BY I ' "Lt /6 %CONTRACTOR ctor's Sin turf Title Da APPROVED BY AAA OWNER rA/ I Ownefs S na TiOc D le Center Column Rafter Repairs CORRODED CEE ENDS CFNTFR r:r11 I IMN CAP PLATE • (30) center column rafters • All require repair GRIND AND/OR CUT SHARP EDGES OF CEE BACK TO A LOCATION THAT ACHIEVES A 118" MIN THICKNESS CENTER COLUMN CAP PLATE GRIND CAP PLATE FLUSH AND PREPARE SURFACE FOR NEW PLATES COVER PLATE r 7" CEE RAFTER REMOVE OLD PLATE AND BOLTS EXISTING SECTION AT RAFTER PL3/8x6" x 0'-8" LONG COVER PLATE /- 7" CEE RAFTER 1/4 1/ 5 MIN 1/4 N..5 1/4 V 5 PROPOSED SECTION AT RAFTER CENTER COLUMN RAFTER REPAIRS SCALE: NONE 4701 Northshore Drive North Little Rock, AR 72118 TEL 501.376.3633 FAX 501.372.8042 www.GarvertJSA.com SITE VISIT REPORT Report Date: 05-24-16 Prepared by: Jacob Fisher, PE SE Project Name: Baxter and Mt. Sequoyah Tank Project Number: 14048030 Rehabilitation Improvements Project Location: Fayetteville, AR Contractor: Utility Service Superintendent: Mark King Project Manager: Chris Buntin Discussed project with the following people on site: Company Name King' Industrial Painting Mark King Garver Chris Ruff Title Superintendent Construction Observer The crew has finished blasting the interior ceiling and floor of the Baxter Tank. They are starting to blast the walls with the use of (2) wall FasterBlasters. Chris Ruff and myself performed a full inspection of the roof structure to identify the locations that will require structural repairs. We marked the locations that require repair or replacement with white chalk. The results of this inspection are shown on the attached roof framing plan. Page I of 2 Baxter 5MG Tank Roof Framing Plan \+1/ a/// � 0 \ BOLT REPLACEMENT missin OrhORmarked I.,c_\ bees 00 marked m Ne lord with an' xreplacemeOL lyp (3)e \ (ss) `32 Para of both m be repled at the cool Joist bcaliOns\/ / \ mnnatbnlo m¢uy BitdnSKC COL T • (6p Ladden to rool beamclon__ n (B) -Lad er to toot benection onSTIF(6)apno. -mistmoIubeatsmnneebereESTIFFEN ER aif-BO true bolls to be replaced 6' OI ring girder repair REPAIRS \ C 9r E\ KNUCKLE STIFFENER En PEPAIRS / / p rOppv bevfNre uv mmYvdMNafckl wiN an'%' .10 SE TION i6 cr p \ (53)mmlrvphe r \ E C \ RING GIRDER REPAIR �� SECTI N a SECT N 6 \ r ecobons are w. Tis bra bmarkedhim0 r et' '// / S IFFENER to ANdlratbny nmw, Tbb one synillcs llm e \ at �TD\�t atr STIFFENER a \ 3Wtl aNore ela reps(, REPAIRS 305 boot leer of nvvlr r 5 Eaow I -f D ' SECTION II an c's n SECTION 5 c 12 of ring girder repair I Ins R 0 STIFFENERREPAIRS j I- OVERFLOW 1 E/ \ I N 14 \ e. \ / \\\TTA A\ 47/7 SEC ID d \�e I E F BKNBCKLE \ S TIDN 17 STIFFENER b a p E, E'PI o o u\P iR265'olBirder repair TEMPERARRY a\K1c DOOR Y KNUKLLLL STIFFENER� —INTERIOR BREPAIRS'Ti REPAIRS / LADDER / d% b replac ladder lts and / replace (fi) bogs r KNUCKLE - STIFFENERS - RING GIRDER Page 2 of 2 EXISTING VERTICAL KNUCKLE STIFFENERS L3x3x3/16 LLV 3/16 1/ 2-6 SECTION A -A L3x3x5/16 1/4 V Y MIN EXISTING VERTICAL KNUCKLE STIFFENERS L3x3x3/16 LLV EXISTING OV COVER PLATE 19.00° .D VERIFY - EXISTING RING GIRDER L6x4x1/4 LLV, 69.5HORZ RADIUS 1/4 1/ 3 A L L3x3x5/16 / 3116 V 2-36 SEVERELY CORRODED FLANGE. GRIND AND/OR CUT SHARP EDGES OF FLANGE BACK TO A LOCATION THAT ACHIEVES A 1/8" MIN THICKNESS RING GIRDER & VERT STIFFENER REPAIR SCALE: NONE 2-12 L3x3x5/16