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HomeMy WebLinkAbout164-17 RESOLUTIONoS r'nr�r'F r 0m 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 164-17 File Number: 2017-0420 BID #17-40 WWJD, INC.: A RESOLUTION TO AWARD BID #17-40 AND AUTHORIZE A ONE YEAR CONTRACT WITH WWJD, INC. D/B/A BBB SEPTIC AND PORTABLE TOILETS WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN AN AMOUNT NOT TO EXCEED $10.00 PER 100 GALLONS FOR LEACHATE HAULING FROM THE FORMER C&L LANDFILL, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #17-40 and authorizes Mayor Jordan to sign a one year contract with WWJD, Inc. d/b/a BBB Septic and Portable Toilets with automatic renewals for up to four additional one year terms in an amount not to exceed $10.00 per 100 gallons for leachate hauling from the former C&L Landfill. 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 8/15/2017 Attest: r XLZ-1LC161d_ C1-1, �Iu -0 .III irrrf tf,z Sondra E. Smith, City Clerk Treasur��`:� 7R4zr TY p••�s+�fy. _ [A r4,. I } N lilt' Page 1 Printed on 8116117 City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0420 Agenda Date: 8/15/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 BID #17-40 WWJD, INC.: A RESOLUTION TO AWARD BID #17-40 AND AUTHORIZE A ONE YEAR CONTRACT WITH WWJD, INC. DB/A BBB SEPTIC AND PORTABLE TOILETS WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN AN AMOUNT NOT TO EXCEED $10.00 PER 100 GALLONS FOR LEAC1 ATE HAULING FROM THE FORMER C&L LANDFILL, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid # 17-40 and authorizes Mayor Jordan to sign a one year contract with WWJD, Inc. d/b/a BBB Septic and Portable Toilets with automatic renewals for up to four additional one year terms in an amount not to exceed $10.00 per 100 gallons for leachate hauling from the former C&L Landfill. 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 8118/2017 t Brian Pugh Submitted By City of Fayetteville Staff Review Form 2017-042 Legistar File lid ./.7 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/26/2017 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Approve contract for Bid 17-40 with WWJD, Inc. DBA BBB Septic & Portable Toilets in an amount not to exceed $10.00 per 100 gallons for leachate hauling from the former C & L Landfill and approve a budget adjustment. The contract shall be effective from one year of the date of signed contract with an automatic renewel of the contract - for four (4) additional one (1) year terms. 5500.750.5000-5315.00 Account Number 51701.1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Recycling and Trash Collections Fund C & L Landfill Leachate Hauling Project Title Current Budget $ 14,140.00 Funds Obligated $ 1,86931 Current Balance Item Cost $ 30,000.00 Budget Adjustment $ 30,000.00 Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF WFAYETTEVILLE ,' y ARKANSAS MEETING OF AUGUST 15, 2017 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Jeff Coles, Recycling and Trash Collection Director FROM: Kyle McCarty, Recycling and Trash Collection Operations Manager DATE: July 26, 2017 SUBJECT: Approve contract for Bid 17-40 with WWJD, Inc. DAB BBB Septic and Portable Toilets in an amount not to exceed $10.00 per 100 gallons for the hauling of leachate from the former C & L Landfill and approve a budget adjustment. The contract shall be effective from one year of the date of signed contract with an automatic renewal of the contract for four (4) additional one (1) year terms. RECOMMENDATION: Approve contract for Bid 17-40 with WWJD, Inc. DAB BBB Septic and Portable Toilets in an amount not to exceed $10.00 per 100 gallons for the hauling of leachate from the former C & L Landfill and approve a budget adjustment. The contract shall be effective from one year of the date of signed contract with -an automatic renewal of the contract for four (4) additional one (1) year terms. BACKGROUND: The City of Fayetteville applied for Post -Closure Trust Funds from the Arkansas Department of Environmental Quality to remediate the old C & L Landfill which operated from 1972 to 1976 and is located at what is now the Kessler Regional Park. As part of the closure project, leachate tanks were installed to capture water coming off the old landfill site in order to be in environmental compliance. The City of Fayetteville is now responsible for managing the tanks which includes removal and hauling of the leachate from the site to the sanitary sewer system. DISCUSSION: The leachate extraction system consists of two (2) 21,000 gallon mobile steel storage tanks (frac tanks) to collect seep water, which are interconnected at the bottom to allow them to fill simultaneously. The leachate flow has been estimated at approximately 900 gallons per day, but seasonal or weekly flow rates increase with rainfall events, and decrease during long periods without rain. Year Gallons Hauled Highest Month Lowest Month 2014 238,500 24,000 9,000 2015 391,500 72,000 22,500 9,000 3,000 2016 183,000 Mailing Address: 113 W, Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The Recycling and Trash Collection Division has been tasked with funding this contract so $30,000 is being requested out of Use of Fund Balance for 2017. The annual contract will be moved to the operating budget in 2018 and beyond. The GL for future years will be 5500.750.5000-5315.00. Attachments: Contract with WWJD, Inc. dba BBB Septic & Portable Bid 17-40, Leachate Hauling Discharge Approval letter to BBB Septic Bid 17-40, Addendum 1 Budget Adjustment - 5 City of Fayetteville Bid 17-40, Leachate Hauling Contract — Between City and Contractor This contract executed this 1�ay of , 2017, between the City of Fayetteville, Arkansas, and WWJD, Inc. dba BBB Septic & Portable Toilets. In consideration of the mutual covenants contained herein, the parties agree as follows, 1. WWJD, Inc. dba BBB Septic & Portable Toilets at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 17-40 as stated in WWJD, Inc. dba BBB Septic & Portable Toilets bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 17-40, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay WWJD, Inc. dba BBB Septic & Portable Toilets based on their bid proposal in an amount notto exceed $10.00 per 100 gallons. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and WWJD, Inc. dba BBB Septic & Portable Toilets, consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 17-40 with the specifications and conditions typed thereon. B. WWJD, Inc. dba BBB Septic & Portable Toilets bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and WWJD, _Inc. dba BBB Septic & Portable Toilets and may be modified only by a duly executed written instrument signed by the City of Fayetteville and WWJD, Inc. dba BBB Septic & Portable Toilets. S. WWJD Inc. dba 8813 Septic & Portable Toilets shall not assign its duties under the terms of this agreement. 6. WWJD, Inc. dba BBB Septic & Portable Toilets agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from WWJD, Inc. dba BBB Septic & Portable Toilets performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. WWJD, Inc. dba BBB Septic & Portable Toilets shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, WWJD, Inc. dba BBB Septic & Portable Toilets shall provide and shall cause each Subcontractor to provide adequate employer's liability City of Fayetteville, AR Bid 17-40, Contract— Leachate Hauling Page 1 of 3 insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by WWJD Inc. dba BBB Septic & Portable Toilets. Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Environmental Pollution Statutory Amount $250,000 for each person $500,000 aggregate $100,000 aggregate. $1,000,000 per occurance 3. WWJD, Inc. dba BBB Septic & Portable Toilets shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or WWJD, Inc. dba BBB Septic & Portable Tollets with 30 calendar days written notice. 10. This contract shall be effective from one year of the date of signed contract. The City reserves the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either WWJD, Inc. dba BBB Septic & Portable Toilets or the City notifies the other of its intent to terminate the contract at the end of the contract period, 11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in scope or price: 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 Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdictions Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. City of Fayetteville, AR Bid 17-40, Contract — Leachate Hauling Page 2 of 3 WITNESS OUR HANDS THISDAY OF t 2017. CONTRACTOR NAME: WWJD iric. d E3 is Portable Toilets By: ..: Signat e • I' Print Contractor NamTitle 1``TEST (Signatur LJIIV+ckS Company Secretary (Printed Name) Binoess�dd0r�s `Z, l l����i^7 2-`7 l z City, State & Zip Code Date Signed: 17 -�-® " z---0 177 City of Fayetteville, AR Bid 17-40, Contract — Leachate Hauling Page 3 of 3 CITY OF FA VE, ARKANSAS !O , fwlayor ATTEST: (Signature) Sondra E. Smith, City Clerk, � FAYE1TEVlLI.E i "kA ±� i©�N �, % ti� Date Signed; 17 2017 A L CITY of Leachate Hauling FAYETTEVILLE ARKANSAS Bid No 17n0 Official Bid Tabulatlor Bid No 17 40 Date: 06 29 2017 lioneld;crdan, Mayo, Time: 2:00 PM Number of Addendums: 0 Arkansas Portable Toilets, Inc BBB Septic Serv ^Hrg'signi rig Nctos Cc,recaed;Cah.u:�.tiurl Erro,- "- ':- URTIFItG !tof h si r•n n•, Purc h—ng Man a gcr ra• ' NOTICE Bid awwd is .ontnge n! upon venclar meeting minimum %PKJrcai+ens and -Yrma. a :ncrization by L ty ct1-s,als ice Item Descriouon Est Qty Price Per 1aCJ Galluns CRtended Pnce Pnce Per 100 Gallons Extended Price Leachate Hauling per 100 is an 3000 (Qty gallons quantity based on estimate per year based on 900 gallons per day. esu:mared • Seasonal or weekly flaw rates increase/decrease annul $ 27-00 $ 81,000.00 $ 10.00 $ 30,00(i.QO based on reainfall) Nate: Price shall f City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 IVFAYE'T'TEVILLE 113 W. Mountain St. ARKANSAS Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 17-40, Leachate Hauling _DEADLINE: Thursday June 29, 2017 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fa_yetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Friday June 09, 2017 INVITATION TO BID Bid 17-40, Leachate Haulin No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at'the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. - Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 1 of 18 State: Title: Phone: Date: Zip: City of Fayetteville Bid 17-40, Leachate Hauling Advertisement City of Fayetteville, AR Invitation to Bid Bid 17-40, Leachate Hauling The City of Fayetteville is accepting bids from properly licensed professionals for leachate hauling services. Any questions concerning the bidding process should be addressed to Les McGaugh, City of Fayetteville Purchasing Agent, at Imcgaugh@fayetteville-ar.gov or by calling (479)575-8220. Bids shall be submitted in sealed envelopes or packages labeled with the bid number and bid description as listed herein. All bids shall be received byThursdaviune 29, 2017 before 2:00 PM, All bids shall be delivered to City Hall, Purchasing Division — Room 306, 113 W. Mountain, Fayetteville, Arkansas 72701. A public bid opening will take place in City Hall shortly after the bid deadline. A $25,000.00 performance bond is required after contract award. Bidding documents shall be obtained by visiting www.fayetteville-ar,goy/bids or from the City of Fayetteville Purchasing Division. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all -general —contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening -date. CITY OF FAYETTEVILLE, ARKANSAS By: Les McGaugh, City Purchasing Agent Ad Dates: 06/09/17 City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 2 of 18 k City of Fayetteville Bid 17-40, Leachate Hauling Bid Form DATE REQUIRED: Delivery as released from City Staff DESCRI PTION EST QTY PRICE PER 100 EXTENDED PRICE gallons _eachate Hauling per 100 gallons ,quantity is an estimate per year 3,000 (QTY 1 rased on 900 gallons per day. based on -Seasonal or weekly flow rates estimated x ncreaseldecrease based on annual amount Price per 100 rainfall)Note: Price shall include of 300,000 Gallons hauling, fuel, insurance, bonding, gallons) tC. NAME OF FIRM: THIS BID FORM CONTINUES ON THE NEXT PAGE City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 3of18 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926—Subpart P— Excavations. 8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b_ Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 4 of 18 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: _ Purchase Order/Payments shall be issued to this name *D/B/A or (-or oration Name P *BUSINESS ADDRESS: *CITY: *STATE: *ZIP: *PHONE: FAX: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: DUNS NUMBER: CAGE NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by;. Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 5 of 18 City of Fayetteville Bid 17-470, Leachate Hauling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION:. a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City shall not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders must have experience in providing products and/or services of the same or similar nature. Failure to provide materials bid will submect bidder to disqualification for the remainder of the calendar year. Failure to deliver poor or inadequate services, on a consistent basis or more than three (3) times in a calendar year will subiect bidder to disqualification for the remainder of the calendar year. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure -to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas_ on the due date of the deadline. Bids shall be received prior to the deadline as shown by the atomic clock located in the Purchasing Division Office. h. Ms will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. i. All items and services bid shall meet Arkansas Highway Department Specifications for this bid. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 6 of 18 t 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves -the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract With The City". b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services_ being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWAL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIO Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 7 of 18 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. sec.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 8 of 18 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would notjustify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies avai-fable to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 9 of 18 t 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACC IJISiTIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b, In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 10 of 18 24. INTEGRITY OF BID DOCUMENTS; Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet, the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate. Property Damage Liability: $100,000 aggregate. Environmental Pollution: $1,000,000 per occurrence 26. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and City laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or -the materials or equipment used, or -that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 11 of 18 bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Imcgaugh@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh[a fayetteville-ar.goy) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or -test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data: k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby -expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged Lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all- applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 12 of 18 s If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. Date and time material was hauled and delivered b. Amount of gallons delivered per trip c. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 28. PERFORMANCE BONDS: Contractor shall furnish a surety performance bond, in the amount of $25,000 within 10 (ten) calendar days of contract award. Bond premiums shall be the responsibility of the bidder and shall be included with bid. 29. ATTACHMENTS TO BID DOCUMENTS: a. Appendix A— Discharge Authorization — Former C&L Landfill Phase 1 b. Picture A — Leachate frac tanks c. Picture B — Discharge Location City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 13 of 18 City of Fayetteville Bid 17-40, Leachate Hauling Scope and Specifications OVERVIEW: The City of Fayetteville Arkansas is requesting bids for the pumping, transportation and disposal of landfill leachate on a per 100 gallon basis from the closed C & L Landfill, located at 2600 W. Judge Cummins Road, Fayetteville, AR 72701. Landfill access is through Kessler Mountain Regional Park. Estimates based on the past three years show approximately 300,000 gallons of leachate per year are produced from the leachate collection system. The prospective bidders are requested to provide a bid for pumping, transport and final disposal of leachate as defined on the Bid Form. The requirement is to dispose of this leachate by hauling it off site as a liquid and discharging it into the public sewer system at the City Compost Facility, located at 1525 S. happy Hollow Rd. This is the designated discharge location for this project, and any other discharge locations must be approved by the City of Fayetteville Utilities Director. Discharges made at the designated location are at no additional fee to the bidder. BACKGROUND: The leachate extraction system consists of two (2) 21,000 gallon mobile steel storage tanks (frac tanks) to collect seep water, which are interconnected at the bottom to allow them to fill simultaneously. The leachate flow has been estimated at approximately 900 gallons per day, but seasonal or weekly flow rates increase with rainfall events, and decrease during long periods without rain, Year Gallons Hauled Highest Month Lowest Month 2014 238,500 24,000 9,000 2015 391,500 72,000 9,000 2016 - 183,000 22,500 3,000 BID REQUIREMENTS AND SCOPE OF WORK: 1. All bidders shall have experience in hauling leachate and shall provide references for similar contracts within the past three (3) years. Bidders shall have been in business a minimum of three (3) years and shall be registered and in good standing with the Arkansas Secretary of State. 2. The Bidder shall provide transport vehicle(s) to haul leachate from the collection site to the designated City of Fayetteville discharge location. 3. The Bidder shall provide proof that all vehicles are registered, insured and meet all other D.O.T. requirements. Proof of this shall be submitted with the Bid package. 4. The Bidder shall provide documented evidence of the tank capacity (in gallons) of the transport vehicles to be used at time of bid. 5. Bidder shall have the following insurance in force and effect at all times throughout the contract. Insurance shall be effective and provided within 10 calendar days of contract award: City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 14 of 18 a. $1,000,000 per occurrence pollution/environmental damage insurance coverage b. Worker's Compensation as required by statutory requirements c. Commercial Automobile coverage with amounts consistent with industry standards 6. The bidder shall be solely liable for any damages, or claim thereof resulting from the bidder's conduct in loading, transporting or unloading leachate, and agrees to fully indemnify the City from any such claims. 7. The bidder shall have access to the discharge site through the Transportation Division Site at 1525 S. Happy Hollow Dr., Monday —Friday, 7:00 A.M. — 5:00 P.M. (Picture B) 8. Bidder will have access through two locked gates at the pickup location at 2600 W. Judge Cummins Road, Fayetteville, AR 72701 (Picture A) 9. The bidder shall have approved gauges or meters (site glasses or manometers, etc.) on the hauling equipment to be used for easy verification of the amount of each load by the attendant at the disposal site. 10. The bidder shall maintain a liquid level in the leachate storage tank as low as possible to comply with the storage capacity requirement, as -well as the zero discharge limitations in effect for the storage tank. 11. In case of emergency, the bidder shall respond and be on -site to haul within four (4) hours of being contacted by the City. 12. The bidder shall notify the City Project Manager Byron Humphry, at 479-575-8368, if the liquid level in the storage tank exceeds the freeboard of the tank, based upon the gauge readings of the tank contents. 13. The bidder shall provide equipment suitable to the City for performing the work. 14. The bidder's hauling equipment shall have adequate capacity to transport the volumes required. The bidder, along with the City will verify and document the actual capacity of the equipment used to haul leachate. 15. For any future meters or totalizer instruments installed, the bidder shall maintain and submit all records reflecting any volumes of liquids removed from the tank. 16. Any and all drivers hauling leachate under this contract are required to have and maintain a Commercial Driver's License (CDL) with Tank Vehicle Endorsement. A copy of the current license of all drivers must be submitted before issuance of this contract. Upon expiration of any licenses, renewed licenses shall be submitted. Any new, substitute of temporary drivers shall submit their licenses before hauling under this contract. 17. Upon request, the bidder shall provide proof of vehicle license, insurance and registration. Failure to provide this information will result in an immediate cease of all hauling until the required documents are provided. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 15 of 18 18. Within 30 calendar days of the issuance of this contract, any and all trucks used to haul leachate under this contract may be required to submit to a safety inspection. Any means of leachate transport utilized for this contract are required to meet and maintain the safety requirements regulated within the State of Arkansas. 19. All trucks are subject to random inspections, any violations found must be immediately remedied before any hauling resumes. Continued violations may result in cancellation of this contract. 20. Vendor Default: The following shall be considered a vendor default under this Contract. a. Failure to provide Contract Items in accordance with the requirements contained herein. b. Failure to comply with other specifications and requirements contained herein. c. Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract. d. Failure to remedy deficient performance upon request. e. Any other action on behalf of the bidder which results in poor or unacceptable performance to the City. 21. The bidder shall not sub -contract these services without advanced permission and authorization from the City. 22. Bid pricing shall be received on a per 100 gallon rate and shall be all inclusive of items necessary (fuel, insurance, wages, vehicle, vehicle maintenance, etc.) to perform the work described herein. Bidders shall complete the provided bid form in its entirety as failure to do so may result in bid rejection. 23. Vendor shall check leachate in the frac tanks on a regular basis and during or after rain events as necessary. Leachate levels in the tanks shall remain below 3.5 feet from the top. It is estimated that 3,000 to 4,500 gallons will need to be removed from the frac tanks each week. If leachate flow increases with rainfall events, additional loads will be required. 24. This bid is for leachate hauling services for the City of Fayetteville and shall be awarded to a single vendor. 25. The City reserves the right to reject any bid at any time in the event of continued or excessive service or contract requirement issues, quality of delivered materials, etc. 26. Bidders shall hold pricing firm for one calendar year from date of approval from the Fayetteville City Council. 27. The City reserves the right to renew this bid for four (4) additional one (1) year terms. 28. The City will consider price increases upon written request from the vendor after the first year of the contract has been completed. Price increases shall not be allowed during the first calendar year. Price increase requests will be considered if all of following conditions apply. The City reserves the right to accept or reject any price request increase. The City of Fayetteville reserves the right to re -bid services City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 16 of 18 at any time. a. Request is on the same unit terms as bid (price per 100 gallons) b. Request is received in writing to the City at least thirty (30) days prior to increase request date c. Justification for price increase is reasonable d. Price request for increase is strictly off of the rising costs of fuel only e. Justification for price increase is presented with documentation referencing an increase in the following conditions 1. Consumer Price Index (CPI-U) 2. Base payment per 100 gallons 3. Request for increase per gallons shall be directly proportional to the percent change in the CPI index between May 2017 and the most recent available index. 4. Frequency of adjustment shall be no more than bi-annually 5. Transportation expenditure category, sub -category for Gasoline for all types 6. Price increase requests shall reference CPI and be relative to the base payment by the percent change in the level of the CPI between the reference period and subsequent period. 7. The calculation shall be requested by first determining the index point change between the two periods and then determining the percent change. 8. The following example illustrates the computation of a percent change: f. CPI for current period 232.945 Less CPI for previous period 229.815 Equals index point change 3.130 Divided by previous period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4% 29. Discharge to the Fayetteville sanitary sewer shall be limited to Monday through Friday, from 7 a.m. to 5 p.m. No leachate can be discharged on holidays. 30. PERFORMANCE BONDS: Contractor shall furnish a surety performance bond, in the amount of $25,000 within 10 (ten) calendar days of contract award. Bond premiums shall be the responsibility of the bidder and shall be included with bid. 31. Failure of the contractor to properly haul leachate shall subject the City to filing a claim against the performance and payment bond. 32. All hauling shall be in accordance with the discharge permit authorized to the City from ADEQ. This is attached as Appendix A. 33. Safety Procedures: In the course of conducting activities pursuant to this bid, the Bidder shall develop and implement safety, health and emergency response programs and plans for activities which involve employee exposure or the reasonable possibility of employee exposure to safety and health hazards. Leachate can contain materials harmful to human health and the environment. Safety procedures shall be adhered to in order to maintain a safe working environment. Bidder shall have appropriate training and experience with hauling similar liquids. Bidder is responsible for the health and safety of its City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 17 of 18 employees and agents. 34. The Bidder shall be responsible for opening valves, starting the pump, monitoring the level of liquid in the truck, manually stopping the pump, and closing valves. The Bidder shall notify the City immediately if any maintenance, mechanical, and/or operational problems occur during the pumping of leachate (e.g. — frozen pipes, electrical problems, site access issues, pump failure, etc.) 35. The following proper documentation shall be provided with each haul and disposal trip. Information shall be provided prior to payment being made by the City and shall be presented with invoice: a. Dates and times of discharge b. Gallons discharged c. Description of the leachate d. Location of the discharge e. Signature of the person discharging the leachate shall be recorded. City of Fayetteville, AR Bid 17-40, Leachate Hauling Page 18 of 18 CITY OF Fay%! 7-11e KANSAS March 30, 2017 Ms. Annette Cusher, P.E. Arkansas Dept. of Environmental Quality 5301 Northshore Drive North Little Rock, AR 72118 Re: Temporary Discharge Authorization — Former C&L Landfill Phase 1 Ms. Cusher, This letter authorizes Arkansas Department of Environmental Quality (ADEQ) to discharge up to 20,000 (twenty thousand) gallons per day of seep water to the Fayetteville sanitary sewer system from the C&L Landfill Site in southwest Fayetteville, Arkansas, at the base of Kessler Mountain. Based on information Clark McWilliams of ADEQ and Claire Barnett of EnSafe Inc. provided, the water described above can be discharged into the Fayetteville sanitary sewer system in accordance with Fayetteville Code of Ordinances, Title V, Chapter 51, Article III, Discharge and Pretreatment Regulations with the following restrictions: Authorization • This is authorization for a temporary discharge. Authorization for this specific discharge is effective April 1, 2017 at 6:00 a.m. and expires at 6:00 p.m. September 30, 2017. Location • The water shall be discharged to the vault just inside the Armstrong Avenue gates of the City Compost Facility, 1708 S. Armstrong Avenue, Fayetteville, Arkansas. Arrangements for access to the discharge location will be coordinated with the City of Fayetteville Recycling and Trash Collection Division. - Sample Collection • Sample collection and analysis will be on request at the discretion of the City of Fayetteville Utilities Director. All sample collection, preservation, and analysis must be conducted in accordance with 40 CFR 136 by an Arkansas Department of Environmental Quality certified laboratory. Discharge: • The discharge plan is to discharge up to 20,000 gallons per day of seep water to the Fayetteville sanitary sewer system. • Discharge shall be limited to Monday through Friday, from 6 a.m. to 6 p.m. - ■ If there is a spill, or accidental discharge, contact the Water Resource Recovery Facility immediately at 479-443-3292. • If the date(s) of discharge change from the discharge plan described in this authorization, notify the Industrial Pretreatment Coordinator or her representative at 479- 443-3292. Mailing Address: 113 W. Mountain Street www,fayetteville-ar.gov Fayetteville, AR 72701 Dates and times of discharge, gallons discharged, a description of the wastewater, location of the discharge, and the signature of the person discharging the wastewater shall be recorded. A pH less than 5.0 or more than 12.4 is prohibited and shall not be discharged to the Fayetteville sanitary sewer system. Emergency site contacts for this discharge will be Claire Barnett of EnSafe, Inc., cell 901-634-4554, land line 901-973-4425, cbarnett()enssfe.com, or Annette Cusher, ADEQ, 501-682-00841, cusher@adeo.statee.ar.us Reporting • Submit copies of laboratory analysis reports if they have not already been submitted. These may be transmitted via email to Denise.Geor iou ch2m.com • No later than the 15th of each month, submit the following to aenise.Georgiou@ch2m.com for the previous month's activities: discharge documentation described in the Discharge section above, laboratory reports (or details of how & when they were submitted; e.g. date of email transmission), a statement of compliance, and a description of any non-compliance or other issues related to the discharge. The submittal must include the following signed statement, "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." ■ If no discharge occurs, reports must be submitted stating there was no discharge and why, and must include the certification statement in this section. Standard Conditions The City reserves the right to require Arkansas Department of Environmental Quality to halt the discharge at any time if conditions change at the Water Resource Recovery Facility or in the collection system or for other good cause. All discharges must be in accordance with the City of Fayetteville Code of Ordinances and State and federal regulations. The discharger is responsible for violations regardless of this authorization. The Control Authority reserves the right to suspend or terminate this authorization to discharge at any time. Please contact Industrial Pretreatment Coordinator Denise Georgiou at (479) 443-3292 or Denise.Georgiou@ch2m.com if you have any questions. Sincerely, City of Fayetteville 44*;090� Tim Nyander Utilities Director cture Vr � _ � � � '! Y '��r � -� � - � -'mac • � ,r'. ,� �+' • _ _ `� •t,,.., ,yfinn ai. � �s'"�`� -_ • + }. _ , -.�- ` __� - z _ s `5 Y - • r ' ivy 1,415A-Here xa lam' i NT .w . r - to v_ i'ai 71 r i ♦ Ar . 7% CITY OF Tay* p . le ARKANSAS July 26, 2017 Mr. Dave Davis BBB Septic PO Box 1271 Bentonville, AR 72712 Dear Mr. Davis, This letter authorizes BBB Septic to discharge leachate water to the Fayetteville sanitary sewer system from the former C&L Landfill Site, southwest of Fayetteville, Arkansas, at the base of Kessler Mountain. The water described above can be discharged into the Fayetteville sanitary sewer system in accordance with Fayetteville Code of Ordinances, Title V, Chapter 51, Article III, Discharge and Pretreatment Regulations with the following restrictions: , _ Authorization • This is authorization for discharge during the length of BBB Septic's hauling contract with the City of Fayetteville Location • The water shall be discharged to the vault just inside the Armstrong Avenue gates of the City Compost Facility, 1708 S. Armstrong Avenue, Fayetteville, Arkansas. Arrangements for access to the discharge location will be coordinated with the City of Fayetteville Recycling and Trash Collection Division. Sample Collection It Sample collection and analysis will be performed by the City of Fayetteville at the discretion of the Utilities Director. All sample collection, preservation, and analysis must be conducted in accordance with 40 CFR 136 by an Arkansas Department of Environmental Quality certified laboratory. Discharge: • If there is a spill, or accidental discharge, contact the wastewater treatment plant immediately at 479-443-3292. • The discharge plan is to discharge no more than 20,000 gallons per day of leachate water to the Fayetteville sanitary sewer system. • Discharge shall be limited to Monday through Friday, from 6 a.m. to 6 p.m. • Dates and times of discharge, gallons discharged, a description of the wastewater, location of the discharge, and the signature of the person discharging the wastewater shall be recorded. Mailing Address: 113 W. Mountain Street v.vwfayettevi Ile -ar.gov Fayetteville, AR 72701 Reporting No later than the 151h of each month, submit the following to Denise. GeoEgiou@ch2m.com for the previous month's activities: discharge documentation described in the Discharge section above, laboratory reports (or details of how & when they were submitted, e.g. date of email transmission), a statement of compliance, and a description of any non-compliance or other issues related to the discharge. The submittal must include the following signed statement, "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." If no discharge occurs, reports must be submitted stating there was no discharge and why, and must include the certification statement in this section. Standard Conditions • The City reserves the right to require BBB Septic to halt the discharge at any time if conditions at the wastewater treatment plant or in the collection system change or for other good cause. •. All discharges must be in accordance with the City of Fayetteville Code of Ordinances and State and federal regulations. The discharger is responsible for violations regardless of this authorization. The Control Authority reserves the right to suspend or terminate this authorization to discharge at any time. • Please contact Industrial Pretreatment Coordinator Denise Georgiou at (479) 443-3292 or Denise.GeoMiou@r-h2m.com ch2m.com if you have any questions. Sincerely, City of Fayetteville ,• frrfrT ,1 Tim Nyander Utilities Director S Bid 17-40, Addendum 1 Date: Wednesday June 28, 2017 To: All Prospective Vendors From: Les McGaugh — 479.575.8220 — ]mcpaugh@fayettevllle-ar.gov RE: Bid 17-40, Leachate Hauling ►"i CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. Amendment to Line 16 of Page 15 of the Bid Document: a. Drivers shall be licensed appropriately for the truck they are driving. Drivers shall have a CDL for all trucks requiring a CDL. All drivers shall have passed a DOT physical. R 62. i11 €Or-cmiimwkatioiis bf�vice for the Deaf ` DD (479)521.-131 G ] 13 Vest �'�A�untait� - %�yeet�viil�, f�ft727€�1 I City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division RECYCLING/TRASH COLLECTION Adjustment Number 2017 /Org2 (750) Requestor: Brian Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: $30,000 in funds are requested in contract services for leachate hauling from the former C & L Landfill. This is for Bid 17- 40 with BBB Septic and Portable Toilets. The contract shall be efective from one year of the date of signed contract with an automatic renewel of the contract for four (4) additional one (1) year terms, requested funds will adjust fund balance to coer the remainder of the year. RESOLUTION/ORDINANCE COUNCIL DATE: 8/15/2017 LEGISTAR FILE ID#: 2017-0420 13cwbv,rcv FeW 8/2/2017 9:24 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: POSTED: TOTAL- 30,000 30,000 v.20170707 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 5500.750.5000-5315.00 30,000 - 51701 1 -EX Contract Services - 5500.750.5000-4999.99 30,000 RE Use Fund Balance - Current C:\Users\losmith\AppData\Roaming\L5\Temp\4475084e-037b-49ed-a7d5-3572127e9d9a 1 of 1 QP,G, 10-17 B-9121005 RECEIVED THE CINCINNATI INSURANCE COMPANY OCT 112017 CITY OF FAYETTEVILLE Performance Bond CITY CLERK'S OFFICE CONTRACTOR (Name, legal status and address): SURETY (Name, legal status and principal place of business): WWJD, Inc dba BBB Septic Service & Portable Toilets THE CINCINNATI INSURANCE COMPANY P O Box 1271 6200 S. GILMORE ROAD Bentonville, AR 72712 FAIRFIELD, OHIO 45014-5141 OWNER (Name, legal status and address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT 1301> I Date: August 15, 2017 Amount: $25,000.00 Description (Name and location): Bid 17-40, Leachate Hauling. Date (Not earlier than Construction Contract Date): August 15, 2017 Amount: $25,000.00 Modifications to this Bond: ❑ None CONTRAG Company: WWJD, Inc db Signature: Name and T SURETY This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. ❑ See Section 16 Company: Corporate Seal) THE CINCINNATI INSURAN E OMP�1' Signature: Name and Title: Danny Schneider, Attorney In. Tact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: Walker Brothers Insurance, Inc. P.O. Box 7570 Springdale, AR OWNER'S REPRESENTATIVE (Architect, Engineer or other party): I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 017679080009 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/11/2017 at 09:48:29 AM Fee Amt: $55.00 Pape 1 of 9 Washington County, AR Kyle Sylvester Circuit Clerk FileB034-00000945 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100 AIA-A312 (11/10) PERFORMANCE BOND Page 1 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 53 Obtain bids or negotiated proposals from qualiifed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, b be secured vuthperformarre and payrrentbonds executed by a qualfied suretyequivalentto the bonds issued on the Constructbn Contract, and pay to the Owner the amarnt of damages as described in Section? in excel ofthe Balance ofthe Contract Price incurred by the Qvneras aresult ofthe ContractorDefault; or 5A Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100 AIAA312 (11/10) PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which the signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shdl be construed as a statutry bond and notas a common law bond 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA A312 (11/10) PERFORMANCE BOND Page 3 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) WWJD, Inc dba BBB Septic Service & Portable Toilets Signature: Name and Title: Address: Signature: Name and Title: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA,A312 (11/10) PERFORMANCE BOND Page 4 B-9121005 THE CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): WWJD, Inc dba BBB Septic Service & Portable Toilets P O Box 1271 Bentonville, AR 72712 OWNER (Name, legal status and address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT BOND Date: August 15, 2017 Amount: $25,000.00 Description (Name and location): Bid 17-40, Leachate Hauling. SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAMMIL D, OHIO 45014-5141 This document has important legal ornsequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is rnt a single combined Performance and Payment Bond. Date (Not earlier than Construction Contract Date): August 15, 2017 Amount: $25,000.00 Modifications to this Bond: ❑ None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate al) Company: Corporate Seal) WWJD, Inc dba B eptic & Po a Toilets THE CINCINNATI INSURANCE �MPA Signature: Signature: Name and Title: Name and Title: Danny Schneider, Attorney In Fact_. (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Walker Brothers Insurance, Inc. or other party): P.O. Box 7570 Springdale, AR The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA-A312 (11/10) PAYMENT BOND Page 5 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no, obligation under this Bond. 3 If there is no O Aner Default under the Constructor Contract, the Surety's obligation to the Owner under his Bond shdl arise after the Owner has promptly notfied the Contractor and the Suety (atthe address described in Section 13) of claims, demands, lens or suits against he Owner or the Owner's property by anyperson or entity seeking payrrent for labor, materials or equipment furnishedforuse in the perbrmance ofthe Construction Contact and tendeed defenseof suchclainA demands, liens or suit; to the Contractorand the Surety. 4 When the Owner has satisfied tie conditions in Section 3, the Surety shall promptly andat the Surety'sexpense defend, indemnify and holdham-less the Owneragainsta duly tendered claim, demand, lien orsuit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a dirctcontractwith the Contractor, 1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contractwith the Contractor, have sent a Claim to the Surely (at the address described in Section 13). 6 If a notice of non-payment required by Sectmn 5.1.1 is gi✓en by he Owner to the Contractor, that is sufficient to satisfy a Claimant'sobligation b famish a written notice ofnon-payment under Section 5.1.1. 7 When a Claimanthas satisfied the conditbns of Sections 5.1 or5.2, whichever is applicable, he Surety shallpromptly and- at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receiptof the Claim, stating he amounts that are undisputed and the basis foehallenging anyamounts thatare disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety'sfailure to discharge is obligations under Section 7.1 orSection 7.2 shall not be deemed toconstilnte a waiver of defenses the Suety orContractormay have oracquire as to aClaim, exceptas to undisputed amounts forwhich the Surety and Claimant have reached agreement If, however, the Surety fails to discharge its obligations under Section 7.1 orSection 7.2, the Surety shall indemnify the Claimant for the reasonable attomey's fees the Claimant incurs thereaft;r to recover any sums found to be due and owing to the Claimant 8 The Surety's total obligation shallnot exceed the amount ofths Bond, plus the amount of reasonable athmey's fees provided under Sectbn 7.3, and the amount of this Bond shallbe credited Sr any paynrnts made in goodfaith by the Suety. 9 Amounts owed by the Owner to the Conbactor under he Construction Contractshall be used for the performance ofthe Construction Contract and b satisfy clains, if any, underany construction performance bond. By the Contractorfumishing and the Owner accepting this Bond, they agree thatall funds earned by he Contractor in the perbrmance ofthe Construction Contract are dedicated to satisfy obligations ofthe Contractorand Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S 2150-AIA-A312 (11110) PAYMENT BOND Page 6 10 The Suretyshall not be lable U the Owner, Claimants orothers fir oblgations of the Contractorthatare unrelaed to the Construction Contract. The Owner shall notbe liable for payment of any costs orexpenses ofany Claimantunderthis Bond, and shall have under this Bond no obligatmns to make payrents b, or give notice on behal8f, Claimants orotherwse have any oblgations to Claimants uncl r this Bond. 11 The Suretyhereby waives notice ofany chanW, including charges oftime, to the Constructin Contractor to related suboontracts, purchase orders and othetobligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claim to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment famished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumished. 16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition.S S 2150-AIA,A312 (11/10) PAYMENT BOND Page 7 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) WWJD, Inc dba BBB Septic Service & Portable Toilets Signature: Name and Title: Address: Signature: Name and Title: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA,A312 (11/10) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COiNIPANY Fairfield; Ohio POWER.OF.ATTORNEY KNOWALL MEN BY THESE PRESENTS: ThatT1-1E CINCINNATI INSURANCE COMPANY, wcorporation organized under the laws of the State of Ohio, and having its principal office in the City of Faifield, Ohio, does -hereby constitute and appoint Marvin Smith IV, Mike Luttrell, Billy Eugene Bennett, Jr., Danny Schneider, Jacque Lindsey, Adrian Luttrell, :of. its true and lawful Attorneys)- in -Fact to sign, execute, seal and delivcr on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or;.other like instniments;; as. follows: Fifteen Million Dollars and 00/100 ($15,000,000.00) This appointment is made tinder and by authority of the following resolution passed by the,. Board of`Directors of said Company: at a meeting held in the principal office; of the Company, a quorum being present and voting,. on the 6 day of, December, .1958; :which resolution is still in effect: "RESOLVED; .that the President or. any Vice. President be -hereby authorized; :and empowered to :appoinE Attorneys -in - Fact of the Company.to execute any and all bonds,. policies, undertakings,;or other like instruments on behalf of the Corporation,, and may authorize:'any' officer or any such Attorney- to affix t-ie corporate seal;: and may v\ith. or without, cause modify or revoke any such appointment or. authority. Any such writings so executed by such .Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers:.of the Company." This Power of Attorney:is:signed and sealed by facsimile under and by the authority'of the following Resolutionadopted by the Board of Dircctors!of the Companyata meeting duly called and held on,thc Th day of*.December, 1973,. 'RESOLVED, that.the„'signature of the President or a Vice President and the seal :of the Company *nay be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or,Assistant Secretary and the seal of the Companymaybe affixed.:by facsimile to any,certificate of any such power and any sucli power of cenifiiate bearing such facsimile signaturciand "leaf shall "be valid and binding on ,the Company. Any. such power so executed and sealed and certified by certificate"ss> executed and sealed shall, with respect.to any bond or 6iidertaking to which it is.attached, continue to be valid and binding on the ;Company:" IN, W.11'NESS WHEItEOF THE.CINCINNATI INSURANCE COMPANY has caused these presents;to be sealed with its:.corporate sed, duly attested by its Vice President this 1011 day of May, 2012 `THE CINCINNATI. INSU RANC E-COMPANY c2 OORPORATE 9 SEAL, onto 'Vice President STATE" OF OHIO COUNTY OP BUTLER Y On this 70"' day of May; 2012, before me came the above-narned'Vice.President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be.the,,otiicer, described herein, and:acknowledged that the seal affixed to the preceding instrument: is the:corparate seal of said Company and the 'corporate seal and the °signature of the officer were duly: affixed and subscribed: to said instrument. by the authority and.dircetion of said corporation. �.•�� tgt A! •o O ;MARK J; H LLER, Attorney at LaW NOTARY PUBLIC:, STATE OF.OHIO My commission has no expiration date. Section 1ii7.03 O.R.C.. 1, the undersigned, Secretary+.or:Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by. said Company, and do hereby further'.certify that the said Power of Attorney is still in full force and offecf. GIVEN:under my'hand and seal of,said Company at Fairfield, Ohio. this day of OWRPOMTE BN-1005 (5/.12) /w x7 Assistant Secretary