HomeMy WebLinkAbout143-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 143-20
File Number: 2020-0386
THERMAL PROCESS SYSTEMS, INC.:
A RESOLUTION TO UTHORIZE A CONTRACT WITH THERMAL PROCESS SYSTEMS, INC. IN THE
AMOUNT $618,319.61 TO REPAIR THE ROOFS ON THE SIX SOLAR DRYING HOUSES AT THE
BIOSOLIDS MANAGEMENT SITE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $61,832.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a contract with Thermal Process Systems, Inc. in the amount of $618,319.61 to repair the roofs of
the six solar drying houses at the Biosolids Management Site, and further approves a project
contingency in the amount of $61,832.60.
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 5/19/2020
Page 1 Printed on 5119120
Resolution: 143-20
File Number. 2020-0386
Attest:
Gil Y �� •�G�'�
FAYETTEVILLE .
Kara Paxton, City Clerk Treasure
NGTON���`.
Page 2 Printed on 5119120
City of Fayetteville, Arkansas 113West Mountain Street
�f \` Fayetteville, AR 72701
(479) 575-8323
i' Text File
-� File Number: 2020-0386
Agenda Date: 5/19/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 8
THERMAL PROCESS SYSTEMS, INC.:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH THERMAL PROCESS SYSTEMS, INC. IN
THE AMOUNT $618,319.61 TO REPAIR THE ROOFS ON THE SIX SOLAR DRYING HOUSES AT
THE BIOSOLIDS MANAGEMENT SITE, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $61,832.00, 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 authorizes Mayor Jordan to sign a
contract with Thermal Process Systems, Inc. in the amount of $618,319.61 to repair the roofs of the six solar
drying houses at the Biosolids Management Site, and further approves a project contingency in the amount of
$61,832.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 511912020
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2020-0386
Legistar File ID
5/19/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/1/2020 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract with Thermal Process Systems, Inc. in the amount of $618,319.61 to
repair the roofs of the six solar drying houses at the Biosolids Solids Management Site, approval of a project
contingency in the amount of $61,832.00, and approval of a budget adjustment.
Account Number
02032.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
Water and Sewer
Fund
WWTP Building Improvements
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
3,207,504.00
$
1,067,314.69
$ 2,140,189.31
$
680,151.61
$
680,152.00
$
2,140,189.70
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 19, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: May 1, 2020
CITY COUNCIL MEMO
SUBJECT: Repair of Storm Damage to Solar Drying Houses at the Biosolids
Management Site.
RECOMMENDATION:
Staff recommends approval of a contract with Thermal Process Systems, Inc. in the amount of
$618,319.61 to repair the roofs of the six solar drying houses at the Biosolids Solids
Management Site, approval of a project contingency in the amount of $61,832.00, and approval
of a budget adjustment.
BACKGROUND:
The Biosolids Management Site utilizes a series of (6) six solar houses, approximately 48,000
total square -feet, to partially dry wet biosolids prior to the thermal drying process for production
of Class -A, biosolids fertilizer. The Noland and West Side treatment facilities produce an
average of over 100,000 lbs. of belt -pressed biosolids every day. The solar houses and thermal
dryer are tandem processes that reduce the daily biosolids volume down to approximately
15,000 lbs. of Class -A, Exceptional Quality fertilizer. The solar houses process nearly 25% of all
biosolids annually, while processing nearly 40% during peak summer drying months. The
biosolids drying process saves the city significant landfill costs annually, as well as allows for
beneficial reuse of the biosolids material.
On May 18, 2019 a severe storm passed through the Fayetteville area, more specifically in the
vicinity of the City's Biosolids Management Site located at 16464 East Wyman Road. According
to the National Weather Service, high -wind conditions, or winds greater than fifty to sixty miles
per hour (50-60 mph), were recorded within ten (10) miles of the site around the time of the
damage. Maximum wind speed was sixty-three miles per hour (63 MPH) at the Fayetteville,
Arkansas Airport, approximately ten (10) miles southwest of the subject building.
The visible damage consisted of missing and damaged roof panels on the far interior end of
every solar house; structural damage to several air intake doors; and missing or damaged end
caps, roof caps, and metal battens. The solar houses are still in partial use for drying biosolids
but with greatly reduced capacity due to the missing and damaged panels.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
The damage to the solar houses has greatly reduced the fertilizer output and increased
operational costs at the BMS. This has led to additional costs related to increased thermal dryer
demand, increased trips to the landfills, and the diversion of BMS labor from hay production and
water treatment residual application. The solar house damage loss is estimated to be
$46,115.86 through December 2019.
A qualified inspector from the solar house manufacturer as well as the original installer
performed a thorough inspection on March 3rd, 2020. Their finding was that 90% of the roof
panels were damaged. Besides the obviously blown out panels and damaged glazing bars,
nearly every roof panel has been comprised; broken thru or cracked around the fasteners. In
addition to the drying efficiency loss, the rainwater that enters through the damaged roof causes
the biosolids to go septic and release odors through the missing solar panel openings affecting
BMS neighbors.
Staff recommends approval of the contract with Thermal Process Systems, Inc. to repair the
damaged roofs at the Biosolids Management Site. The work will be performed through their
subcontractor, Rough Brothers Inc., an Arkansas -licensed contractor.
BUDGET/STAFF IMPACT:
Funds will be moved from the Water System Rehabilitation account to the WWTP Building
Improvements account to cover the costs of the repair. The City is still coordinating with the
insurance company and intend to give the contractor notice to proceed after the insurance
details are settled. The City anticipates that insurance will cover all the damage and restore it to
its full operational capacity.
Attachments:
Contract
Budget Adjustment
2
i
CITY OF
FAYETTEVILLE
A R K A N S A S Vendor: Thermal Process Systems, Inc.
Term: Single Project, Referencing Property Insurance Claim# 5630039221
Location: Biosolids Management Site, 16464 E Wyman Rd., Fayetteville, AR 72701
City of Fayetteville, AR
Contract for: Repair of Biosolids Facilities from Storm/Wind Damage
This contract executed this I9th day of May , 2020, between the City of Fayetteville, Arkansas (City),
113 W Mountain, Fayetteville, Arkansas, 72701 and Thermal Process Systems, Inc. (TPS).
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. TPS 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
repairs related to claim number 5630039221, wind/storm damage to the six (6) biosolids solar buildings on or
about May 18, 2019 per repair estimate in the amount of $618,319.61 US DOLLARS.
2. TPS is aware and understands the repair work associated with the biosolids facility is in reference to a claim filed
by the City with its property insurance carrier and agrees:
A. To coordinate with the City's insurance carrier for claim information including any supplemental claims
that may need to be filed for additional repair work discovered during contracted work.
B. To only begin repairs when authorized with a formal Notice to Proceed has been issued by the City.
C. To work with the City to revise scope upon the City's finalized claim information with the insurance
carrier.
3. The City of Fayetteville shall pay for completion of each project based on prices indicated in TPS' estimate for
repairs. 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. The City reserves the right to withhold retainage
in an amount not to exceed state contract limitations.
4. The Contract documents which comprise the contract between the City of Fayetteville and TPS consist of this
Contract and the following documents attached hereto, and made a part hereof:
A. Appendix A: Repair Quotation, dated 4/7/2020 for scope of work from TPS
B. Appendix B: TCP's Certificate of Insurance
5. These Contract documents constitute the entire agreement between the City of Fayetteville and TPS and may be
modified only by a duly executed written instrument signed by the City of Fayetteville and TPS.
6. TPS shall not assign its duties under the terms of this agreement.
6. TPS 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 TPS' 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,
1. TPS shall furnish a certificate of insurance addressed to the City of Fayetteville, showing bound coverage, as listed
in Appendix B, 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
City of Fayetteville, AR
Contract for Repair of Biosolids Facilities
Page 1 of 3
engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, TPS
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. The premiums for all insurance required
herein shall be paid by TPS.
TPS shall furnish proof of licensure as required by all local and state agencies in addition to proof of licensure for
any subcontractor associated with this contract.
Project Bonding: Performance and payment bonding. After execution of this contract by all parties, TPS shall
provide a 100% separate performance and payment bond from a bonding company, licensed to do business in
the state of Arkansas, to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's
Office. Bonds shall be provided within ten (10) calendar days after contract has been fully executed. All bonds
shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+
minimum by A. M. Best.
4. 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. 2S-
19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this
compliance.
S. 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.
6. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law
applying to the case.
7. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute.
8. 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.
9. Lien Waivers: The contractor shall ensure that the City of Fayetteville receives lien waivers from all material
suppliers, subcontractors, and sub -subcontractors. TPS shall have each subcontractor and sub -subcontractor and
material supplier execute a written receipt evidencing prior to commencement of the work of the subcontractor
or material supplier.
WITNESS OUt HANDS THIS 19th DAY OF MaT 2020.
CITY
City of Fayetteville, AR
Contract for Repair of Biosolids Facilities
Page 2 of 3
THERMAL PROCESS SYSTEMS, INC. ,x ) D
0.41
By: L Pnca,�,
Printed Name &Title
ATU E
�A11111111111"
.rrl -S
FAYF-TTEVi�LE
Kara Paxton City Clerk 5 .` �a
4q�CANs;: 4
r'�i�`S�Y�1VG ate'►,,�s�
Date Signed:
City of Fayetteville, AR
Contract for Repair of Biosolids Facilities
Page 3 of 3
ATTEST (if applicable):
Company Secretary
� P7 Ile !�A#ee'
Business Address
,0 PO I ` Z41 Ij�)
City, State & Zip Code
Date Signed: k t/2 P 2
Contract for Repair of Biosolids Facilities- Appendix A
p
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEM"
ACTIVE SOLAR DRYERT"
THERMO-SYSTEM
THERMAL PROCESS SYSTEMS. IPhc. 1 627 FAST 110 - AVE. I CROVVN Pi ,' IN 46307 i O: (219) 663-1034 I -E: INr-o@THERMALPRo(;ESS.,:oM
Tuesday, April 7. 2020
Reference Thermal Process Systems. Inc. Offering N° TPS-P200407 A
Client: City of Fayetteville
Contract for: Repair of Biosolids Facilities from Storm/Wind Damage
Term: Single Project. Referencing Property Insurance Claim# 5630039221
Location. Biosolids Management Site. 16464 E Wyman Rd., Fayetteville, AR 72701
1. Part One: General
Thermal Process Systems (TPS) is pleased to provide the following proposal to the City of
Fayetteville. AR for the materials and labor for the re -glaze of the existing six (6) gutter
connected a -frame Thermo -System' Active Solar Dryer TM System (Project). per the
correspondence with Therrno-System Product Manager: Mr. Alexander K. Kraemer (AKK).
Should this proposal be accepted. TPS will complete the Project in accordance with the
terms and conditions of this agreement.
2. Part Two: Materials A -Frame
2.1. Materials to re -glaze the roof only on six (6) existing gutter connected houses 42'0"
wide by 204' long each, totaling 51,408 sq. ft.
2.2. New roof glazing to be 8 mm thick clear twin wall no drip polycarbonate.
2.3. Existing roof glazing system is extruded aluminum roof rafters for 8 mm thick
otructured shoot, opacod on 72" contorc. TPS to provido now EPDM gaskots and
stainless -steel screws on 9" centers. Existing rafters and caps to be re -used.
2.4. One hundred (100) pcs of new 8 mm thick bar cap w/ pvc gasket installed and
punched on 9" centers by 288" long each.
2.5. Five (5) pcs extruded aluminum rafters by 288" long each.
2.6. Ten (10) pcs of 8 mm thick end rafter by 264" long each.
2.7. Ten (10) pcs of ridge flashing by 10'0" long each.
2.8. TIPS to provide necessary fasteners, panel supports, and sealant.
2.9. Two (2) gable vent top rails, two (2) gable vent bottom rails, and six (6) mullions with
caps.
2.10. Four hundred and fifteen (415) pcs of 71'/4" wide by 276" long 8 mm thick clear twin
wall no drip polycarbonate.
2.11. Three (3) pcs of 71'/4" wide by 256" long 8 mm thick clear twin wall no drip
polycarbonate.
2.12. Three (3) pcs of 71'/4" wide by 132" long 8 mm thick clear twin wall no drip
polycarbonate
Page 1 of 8
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEM''
ACTIVE SOLAR DRYER TM
THERMO-SYSTEM
HFR'AAL PROCESS SYSTEMS, INC. 1 627 CAST 110"' AVE. (CRWN POINT. IN 46307 10 (219) 663-10341 E. iW cj 8TriERMALPROCESS.CCM
3. Part Three: Gable(s)
Not included.
4. Part Four: Sidewall(s)
Not included.
5. Part Five: Installation/Labor
TPS will provide the installation of the Project using sub -contractors, licensed and insured in
the State of Arkansas. A COI ana a copy of a valid Contractor's License shall be issued to
the City upon approval of this Agreement.
5.1. TPS will be responsible to unload the materials from the truck(s) using the City s
forklift.
5.2. TPS will provide two (2) scissor lifts for the duration of the Project.
5.3. TPS will erect and install all TPS supplied materials listed in Part Two.
5.3.1. When removing the old panels, the roof bars will be cleaned out, prior to the
installation of the new panels.
5.3.2. The sludge and debris will mostly fall into the chamber. Removal of the debris
is the responsibility of the City — reference Part Six. 6.5
5.4. TPS labor is non -union. Should union labor. prevailing wage, or contractor license
situations arise and/or exist. TPS will discuss the up charge with the City. Labor
rates are construction crew specific based on best available pricing during COVID-
19. Based on availability. TPS reserves the right to postpone installation dates to
utilize the specific construction crew intended for the project.
6. Part Six: Exclusion -
in audition to any utfiei exclusions set forth in this Agreement. the following items are not
included in this Agreement:
6.1. Site Preparation. & Special Inspections.
6.2. State Product Approvals & IBC Glazing Codes.
6.3. Engineered Drawings.
6.4 Setting of limits on all vent motors. TPS can assist Customer -hired electrician.
6.5. Dumpsters, disposal of old materials. trash removal, restroom requirements.
6.6. Power, and water supply are the responsibility of the City during project.
6.7. Removal of Biosolids from solar dryer chamber prior to the Project start date.
6.8. Sales Tax — refer to tax exemption.
6.9. Cleaning of the Project.
Page 2 of 8
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEM'
ACTIVE SOLAR DRYERTM
THERMO-SYSTEM
THERM4 PRocESs SYSTEMS. INC.1627 EAST 110- AvE. I CROWN POINT, IN 4630710: (219) 663-10341 E: iwo@THERMALPROCEss.COM
7. Part Seven: Taxes
TPS tax certificate is attached. Exemptions are listed.
8. Part Eight: Pricing
Pricing for all labor, materials, supplies, machinery, equipment, tools, supervision, bonds,
insurance and all other accessories and services necessary to complete repairs related to
claim number 5630039221, wind/storm damage to the six (6) biosolids solar buildings on or
about May 18, 2019 in the amount of:
Total Contract Amount: US$ 618,319.61 Dollars excl. Tax
Pricing is only valid for 30 days from Agreement date.
Changes, modifications, or amendments in scope, price or fees to this contract shall only be
allowed with prior formal contract amendment approved by the City in advance of the
change in scope, cost or fees.
9. Part Nine: Payment Terms
For the Materials & Labor - Should the contract amount not be paid in full upon the Effective
Date, the following payment plan is required:
9.1. An initial payment of: 40 % of the contract amount upon the Effective Date.
9.2. A 2nd payment of: 50 % of the contract amount prior to shipment.
9.3. A 3r0 payment of: 10 % of the contract amount upon the roof being covered
(less the final payment).
9.4. A final payment of: US $10,000 due upon Substantial Completion.
Once the City has approval and acceptance of work, the City shall make payments
approximately 30 daya after receipt of invoice. The City reaervea the right to withhold
retainage in an amount noted in 9.4. not to exceed state contract limitations.
It is understood that the City will pay all invoices within 30 calendar days of accepted
invoice. Although the City of Fayetteville does NOT agree to any interest or penalty for
"untimely" payments, if full payment has not been received within 12 months of the Effective
Date, the balance of the project can and will be subject to price adjustments due to changes
in material costs, labor costs, freight costs or material storage.
Any charges above the original contract amount shall be invoiced as the costs are incurred
by TPS, and as materials are shipped, if such charges include a change in the materials for
the Project. The City agrees that all such invoices shall be paid in full no later than thirty
(30) days from date of invoice.
Page 3 of 8
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEM"
ACTIVE SOLAR DRYER TPA
THERMO-SYSTEM
THERMAi PROCESS SYSTEMS. Nc. 1627 EAST 110- AVE. I CR4)%IJN POINT. IN 46307 1 Q: (219) W3-1034 :, E' N O�TItLR drLPRUGESS.GC hi
10. PartTen: Freight & Delivery
All prices quoted are F.O.B.. F.0 A.. source based on the respective method of deliveni
Delivery of products will be made by a carrier selected by TPS, either by a single delivery or
delivery in lots. Title and risk of loss arising from any cause pass to TPS delivery to a carrier
consigned to TPS. TPS shall be responsible for the unloading of products consigned to the
City. Specifically, trucks and containers have a two (2) hour timeframe to be unloaded from
arrival. If the unloading takes longer than 2 hours. no additional costs & fees are to be
charged to the City. Times of delivery & construction, when given, are estimated but are
not guaranteed. TPS shall not be liable to compensate the City for damages resulting from
delays in shipment. delivery. or erection. in the event of any delay in delivery due to a Force
Majeure Event, the City agrees either to accept delivery at such time as delivery can be
effected, or, at its option, to compensate TPS for all costs of production (including, but not
limited to costs of materials, labor, and overhead) incurred up to the time TPS receives
written notice of City's desire to have production of the order stopped.
10.1. TPS is responsible for unloading Project materials & equipment shipped to the job
site. The City shall provide a forklift.
10.2. In order to lower overall transportation costs. TPS shall arrange to have the
materials shipped directly from the manufacturer to the Project Site.
10.3. Once the delivery company has accepted the material, TPS is responsible if there is
any damage or loss.
10.4. Once the materials are accepted the City shall take on the responsibility of
10.4.1. proper storing.
10.4.2. any damage and/or loss.
11. Part Eleven: Duration of Proposal & Confirmation
Unless specified to the contrary, all prices stated in this proposal shall be valid for thirty (30)
days from the date of the proposal. unless the proposal first is rescinded by TPS If this
proposal Is signed by the City and accepted by TPS it shall become a binding legal contract.
Page 4of8
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEMt
ACTIVE SOLAR DRYER TM
THERMO-SYSTEM
THERMAL PROCESS SYSTEMS. INC.1627 EAST 11r Ave. I CROWN POINT, IN 46307 10(219) 663-10341 E; iNFo@TNeRMALPROCESS.COM
12. Part Twelve: Cancellation
Orders for material or equipment cannot be cancelled after acceptance. either in whole or
in part, nor is material returnable for credit or otherwise.
13. Part Thirteen: Entire Agreement
This Agreement constitutes the entire agreement of TPS and the City. This Agreement supersedes
any and all prior understandings and promises, written or oral, between TPS and the City,
14. Part Fourteen: Jurisdiction
Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law
applying to the case.
15. Part Fifteen: Arbitration/Mediation
The City will not agree to be forced to mediate or arbitrate any dispute.
16. Part Sixteen: Miscellaneous Provisions
By signing this agreement, the City agrees that it will use the structure and systems for only
purposes that comply with the law, and warrant that they have all the appropriate and necessary,
up to date, licenses and governmental approvals to so use the structure and systems, and will
maintain those licenses or approvals. This Agreement shall be interpreted, construed, and
enforced only under the laws of the State of Arkansas. The Parties further agree that any claims of
the City brought in law or equity, based on any theory of recovery (including without limitation
warranty, tort, or otherwise), relating to the work performed under or ancillary to this Agreement
or in any way in relationship to the services provided under this Agreement are and shall be
governed solely by Arkansas law. This agreement shall be binding and inure to the benefit of the
parties, their personal and legal representatives, their heirs and beneficiaries, and their assigns and
successors -in -interest. The City may not assign this agreement without the prior written consent of
TPS. In the event any provision hereof is found invalid or unenforceable according to its terms,
such provision shall be enforced or severed to the extent possible without affecting the remainder
of the Agreement. This letter is a proposal that, when executed by all parties subject to the above
terms, will become the Agreement ("Agreement") entered into by Thermal Process Systems, Inc.
("TPS") and the City of Fayetteville ("the City'). This Agreement is effective (the "Effective Date")
as of the date of TPS' signed acceptance of the City's signed proposal, subject to TPS' acceptance of
the City's credit application. Once fully signed, TPS will complete the Project in accordance with
the terms and conditions of this Agreement and the City will be strictly bound by all the terms and
conditions of this Agreement.
Page 5 of 8
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEMI'
ACTIVE SOLAR DRYER TM
THERMO-SYSTEM
THERMAL PROCESS SYSTEMS, INC. 1 627 EAST 110TM AVE. I CROWN POINT, IN 46307 1 0: (219) 663-1034 1 E: INFo@TFERMALPROCESS.COM
17. Part Seventeen: Warranty & Limitation on Liability
TPS warrants that its products will be free from material defects for a period of one (1) year after
the date the Project is Substantially Completed. This warranty shall not be extended beyond its
original twelve-month term for any reason. Installation and operation of the goods or products in
any manner other than that recommended in TPS' specifications or any other written
communications shall void this warranty granted by TPS. This warranty shall also be rendered void,
if the City fails to pay for the goods and/or service according to the payment terms hereunder or
does not follow the recommended maintenance and/or construction procedures. if the City fails to
provide written notice to TIPS within the earlier of: (a) 30 days after the defect is first discovered or
should have been discovered, or (b) one year after the Project is Substantially Completed, TPS shall
not be obligated to honor the warranty claim.
TPS makes no warranties as to items and components furnished and warranted by others or as to
any item, which is furnished by TPS and altered, damaged or misused by others or by inclement
weather, flooding, or other casualty. The City agrees that its sole recourse as to items and
components supplied by others is to make a claim against the manufacturer of such products under
that manufacturer's warranty, if any. The City shall have no claim against TPS for such product
defect failures or otherwise in connection with such products. Attachment with wirelock, polylock,
springlock &/or extrusions are not guaranteed to mechanically hold polyethylene or cladding, any
failure associated with a polyethylene or cladded roof or vent with this method or similar method
of attachment is not warrantied.
Page 6 of 8
I_
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEM'
ACTIVE SOLAR DRYERTm
THERMO-SYSTEM
THERMAL PROCESS SYSTEMS, INC. 1627 EAST 1107" AvE. I CRovua Pare, IN 4630710: (219) 663-10341 E: iNFO@TrERMALPROCEss-COM
In the event of a claimed defect in any material or workmanship furnished by TIPS, which is covered
by the warranty provided above, the City agrees to promptly (and in no event later than 30 days
after the defect is first discovered or should have been discovered) notify TPS in writing of the
claimed defect. If such defect is covered by the warranty provided in the first bullet of this section
(as determined by TPS in its sole discretion), TPS, at its option, will either repair or replace the
defect and TPS' liability under the warranty is strictly limited to such repair or replacement without
charge during the warranty period. If inspection, replacement, or repair is made at the City's
premises, the City shall pay all labor, transportation, and lodging expenses.
TPS reserves the right to inspect all materials and workmanship alleged to be defective or in non-
conformance, and the City agrees to hold and protect all products or materials for which the City
has given notice as stated above until the City is instructed to do otherwise by the City. While such
products or materials are in the City's possession, the City shall not alter such products or materials
and the City shall be liable for all alterations or damages to products or materials.
Waiver of Subrogation —the City specifically and irrevocably waives all rights and actions against
TPS/Subcontractors for any of Customer's damages caused in whole or in part by the Project or by
TPS/Subcontractors' alleged commission of a tort or breach of this Agreement, to the full extent
such damages are covered by property insurance or any other insurance. This irrevocable waiver of
subrogation shall be effective as to a person or entity even though that person or entity would
otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance
premium directly or indirectly, and whether or not the person or entity had an insurable interest in
the property damaged.
Page 7 of 8
Thermal Process Systems
REPAIR QUOTATION
THERMO-SYSTEM`E
ACTIVE SOLAR DRYERT"'
THERMO-SYSTEM
THERMAL PROCESS SYSTEMS. INC. 1627 EAST 110"AvE. I CRONM POINT, IN 46307 i O' (219) 663-10341 E-
NPO @THERMALPROCE SS.COM
Date: April 8. 2020
Thank you for your order. When we have received all the following paperwork, we will be able to
initiate the production of your order.
1. Signed Contract
2. Down Payment (corresponding to the terms of the contract)
Page 8of8
Client#: 122157 THERMPRO Appendix B
ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDIYYYY)
4/29/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: tf the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requiro an endorsement. A statemont on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME: _Susan Welsh _
Pillar Group Risk Mgmt pE , 317-853-3572 FAx Nni. 3174153-3673
A division of Dimond Bros. E-MAIL s Ills com
ADDRESS: _'s rg�'
11708 North College Avenue INSURER(8)AFFORDING COVERAGE NAIL•
Carmel, IN 46032 INSURER A: Amerisure Mutual Insurance Company =96
INSURED INSURER B
Thermal Process Systems, Inc.
INSURER C -.
627 East 110th Avenue
Crown Point, IN 46307 ENSURER C ----- ----
INSURER E
INSURER F .
cnVFRAr;Es CERTIFICATE NUMBER: 19-20 Neater REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Or
TA
TYPE OF #=lMINCE
ADDL
om
POLICY NUMBER
Y i LIMnB
X' COS GENEIIIIAL STY
CLAIM"ADE a OCCUR
(
j
CPP2033320
11IM2019
11108/20 EACHOCCURRENCEs1000000
{
AI Ea 000u o.1
MED EXP (Arty am porean)
I�PE—RSONAL 8 ADV INJURY
j GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
4 S1,000,000
S 10 =
, s 1�000 (�100
rGENilLAGGREGATE LIMIT AP((PLIIEEIS PER:
POUCY I ^I ECT II LOC
OTHER
S 2,000,000
sY 000 000
is
A
A
AUTOMOBILE LIABILITY
XI ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X AUTOS ONLY X AUUTOS ONLO
Y
._UMBRELLJI LU1a �--
(- X� X occuR
i I EXCESS LIAB ' CLAIMS -MADE
CA2089406
CU2041038 —
--------.
WC2033321
i i
1110812019 11108I20 CDMBINED SINGLE LIMIT
,.LEa
GODLY INJURY (Parpanan)
BODILY INJURY (Per wddenl)
PROPERTY DAMAGE
xaeaderK
1109=18 11/08/20 EAcH ocau+REwE --�s5
AGGREGATE _--
--.- --
1I0=019 11/0812020 X PER OTH
-
E.L. EACH ACCIDENT0Q
E.L. DISEASE - EA EMPLOYEE
EL DISEASE - POLICY UMR
1 000 000
�s
. S
S
— --
000 000
$5 000 000 _----
()ED X RETENTION s-O-
$ —_-__,--_--
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER)EXECUTIVE Y r N
OPI'IGER/MeMaiCR EXCLVOEDT N:.N
i If ��In N — I
DESCuncler
RIPTION OF OPERATIONS baba
51,o000
S, 000_ y00 0
S1,000,000
A Installation I IM2073457
iimmiglivim2o20 sno,o00
DESCRIPTION OF OPERATIONS; LOCATIONS; VEHICLES (ACORD 101, Additional Remark% Schedule, may be attached H more space is required)
RE: Work done for certificate holder
LpLVY94algtIl
City f Fayetteville Arkansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ty oyettevTHE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
Biosolids Management ACCORDANCE WITH THE POLICY PROVISIONS.
1664 E Wyman Rd
Fayetteville, AR 72704 AUTHORIZED REPRESENTATIVE
1J 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S706499/M639137 DJIPP
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 WASTEWATER TREATMENT (730)
2020
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed in the WWTP Building Improvements project to cover the cost to repair the roofs of the
six solar drying houses at the Biosolids Management Site. The repairs needed to the roofs were due to storm damage.
Budgeted funds are being moved from our Water Sytem Rehabilitation/Replacement project to cover the cost of this
repair. Any insurance proceeds reimbursed will go back into the Water System Rehabilitaton/Replacement project to
replace budgeted funds used.
RESOLUTION/ORDINANCE
COUNCIL DATE
LEGISTAR FILE ID#
5/19/2020
2020-0386
Maw Maddaw
51112020 3:04 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
GLDATE: 5/19/2020
CHKD/POSTED:
TOTAL - -
v.20200324
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
5400.730.5800-5400.00 680,152 02032 1 EX Building & Grounds - Maintenance
5400.720.5600-5808.00 (680,152) - 12009 1 EX Water Line Improvements
HABudget Adjustments\2020_Budget\City Council\05-19-2020\BA 2020-0386 Biosolids Management Site Roof Repairs 1 of 1
THERMAL PROCESS SYSTEMS, INC.
CHANGE ORDER NO. 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2021-0310
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/19/2021 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Change Order No. 1 to the contract with Thermal Process Systems, Inc. to reduce the
contract amount by $113,048.62.
5400.730.5800-5400.00
Account Number
02032.1
Project Number
Budgeted Item? Yes
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Water and Sewer
Fund
WWTP Building Improvements
Project Title
Current Budget
Funds Obligated
Current Balance
No Item Cost
No Budget Adjustment
Remaining Budget
$
3,680,902.00
$
1,835,234.05
$ 1,845,667.95
$
(113,048.62)
$
1,958,716.57
V20180321
Purchase Order Number: 2021-210 Previous Ordinance or Resolution # 1a3 20
Change Order Number:
Original Contract Number:
U
Approval Date:
4/21/21
Comments: This change order will reduce the contract amount by $113,048.62 for a final contract price of
$505,270.99.
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: April 19, 2021
STAFF MEMO
SUBJECT: Thermal Process Systems, Inc. — Change Order No. 1 for the Roof Repairs
on the Solar Drying Houses at the Biosolids Management Site
RECOMMENDATION:
Staff recommends approval of Change Order No. 1 to the contract with Thermal Process
Systems, Inc. to reduce the contract amount to $505,270.99.
BACKGROUND:
Thermal Process Systems, Inc. (TPS) was selected to perform roof repairs on the six thermal
drying houses at the Biosolids Management Site after a storm damaged roof panels in May
2019. The original contract price was $618,319.61, which included a contingency in the amount
of $74,148.62.
DISCUSSION:
The City's insurance carrier settled in the amount of $38,900.00 for damages on the claim.
Change Order No. 1 will deduct the TPS contingency and insurance settlement amount from the
original contract amount. These deductions will bring the final contract amount down to
$505,270.99.
In 2020, the City issued TPS a payment in the amount of $220,843.50, which was 40% of
contract price. After the Change Order No. 1 reduction of the contract amount, the City will owe
TPS a final payment in the amount of $284,427.49 to close out the project. There is no change
in the scope of work as part of this change order.
BUDGET/STAFF IMPACT:
This change order will reduce the contract amount by $113,048.62.
Attachments:
Change Order No. 1
Resolution 143-20
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CONTRACT CHANGE ORDER #1
City of Fayetteville, AR
Contract Change Order #1: Repair of Biosolids Facilities from Storm/Wind Damage
Vendor: Thermal Process Systems, Inc.
This change order executed this 21st day of April 2021, between the City of Fayetteville,
Arkansas (City), 113 W Mountain, Fayetteville, Arkansas, 72701 and Thermal Process Systems, Inc. (TPS).
All parties agree to the following contract modifications:
1. REDUCTION IN CONTRACT TO REMOVE CONTINGENCY IN THE AMOUNT OF $74,148.62 USD:
a. Parties entered into a contract dated May 19, 2020, executed by the City via Resolution 143-20
approved on May 19, 2020. The total price agreed to by both parties included a contingency in
the amount of $74,1418.62. Parties agree and acknowledge contingency should not be included
in the overall price and should be handled via change order by formal written execution of a
both parties.
i. The contract amount is hereby decreased in the amount of $74,148.62 USD, reflecting an
actual contract price in the amount of $544,170.99 USD for TPS to shall furnish all labor,
materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax
permits, and all other accessories, goods and services necessary to complete repairs
included in the contract scope of work.
2. REDUCTION IN CONTRACT FEES:
a. Parties hereby agree to a reduction in contract price and fees in the amount of $38,900.00 to align
and account for the insurance settlement from the City's insurance carrier for damages on the claim.
Parties agree there is no reduction in scope of work as a part of this change order.
City of Fayetteville, AR
Contract for Repair of Biosolids Facilities — Change Order #1, 04.13.2021
Page 1 of 2
3. SUMMARY OF CONTRACT PRICING MODIFICATIONS
Estimated
Item No.
Item Description
Unit
Unit Price
Extended Price
Quantity
P.emcva c= ccnt ngene, =rcm cr g na
LC—
_
S (74,148.621
S j74,148.6�i
contract
Reduction in contract price to align account
2
`cr
Lf-7
S i;;8,9CC.00i
S f38,9CCCC,i
nsurance c a m :ar ante
TOTAL REDUCTION
S (I13,048.,5�1 .
Original Contract Amount
S 6' 8,3:9 E_
Revised Contract Amount I
$ 505,270.99
WITNESS OUR HANDS THIS 21st DAY OF Anril 2021.
CITY OF FAY
By:
Lion
`�����rrrr►►rr
N�� ER K
ATTEST: %�G1TY
_ �
FAYE7?EV � :
Kara Paxton, City Jerk s �E;
ANSNs.•••
�G ONE COv�,%�
Date Signed: 04/)1 /21
City of Fayetteville, AR
Contract for Repair of Biosolids Facilities — Change Order #1, 04.13.2021
Page 2 of 2
THERMAL PROCESS SYSTEMS, INC.
P_;61-2
By: _ V
Richard L. Pressley, President
Date Signed:
K
West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 143-20
File Number: 2020-0386
THERMAL PROCESS SYSTEMS, INC.:
A RESOLUTION TO UTHORIZE A CONTRACT WITH THERMAL PROCESS SYSTEMS, INC. IN THE
AMOUNT $618,319.61 TO REPAIR THE ROOFS ON THE SIX SOLAR DRYING HOUSES AT THE
BIOSOLIDS MANAGEMENT SITE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $61.832.00. 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 authorizes Mayor Jordan
to sign a contract with Thermal Process Systems, Inc. in the amount of $618,319.61 to repair the roofs of
the six solar drying houses at the Biosolids Management Site, and further approves a project
contingency in the amount of $61,832.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 5/19/2020
Pop 1 Primed on 5110 o
a
Resolution: 143-20
File Number: 2020-0386
Attest:
••.; �,
;.
•z�
FAYETTEVILLE
Kara Paxton. City Clerk Treasurt�
i ,xy • � ♦
Page 2 Printed on 51IW20