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84-18 RESOLUTION
113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 84-18 File Number: 2018-0186 BID #18-22 INSITUFORM TECHNOLOGIES, LLC: A RESOLUTION TO AWARD BID #18-22 AND APPROVE A ONE YEAR CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS FOR AS -NEEDED REHABILITATION OF SANITARY SEWER MAINS AND SERVICE CONNECTIONS USING THE CURED -IN-PLACE PIPE METHOD 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 #18-22 and approves a one year contract with Insituform Technologies, Inc. for as -needed rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method for the prices set forth in the bid documents attached" to this Resolution, with the option to renew for up to four additional one year terms and price increases upon renewal not to exceed 5%. PASSED and APPROVED on 4/3/2018 Approved: ' Attest: Sondra E. Smith, City Clerk T � i RE'gZ.1 . -sea a � F • .5 i' J j• Page 1 Printed on 414118 City of Fayetteville, Arkansas 113 West Mountain Street '`L c Fayetteville, AR 72701 -•� (479) 575-8323 Text File File Number: 2018-0186 Agenda Date: 4/3/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 BID #18-22 INSITUFORM TECHNOLOGIES, LLC: A RESOLUTION TO AWARD BID #18-22 AND APPROVE A ONE YEAR CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS FOR AS -NEEDED REHABILITATION OF SANITARY SEWER MAINS AND SERVICE CONNECTIONS USING THE CURED -IN-PLACE PIPE METHOD 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 #18-22 and approves a one year contract with Insituform Technologies, Inc. for as -needed rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method for the prices set forth in the bid documents attached to this Resolution, with the option to renew for up to four additional one year terms and price increases upon renewal not to exceed 5%. City of Fayetteville, Arkansas Page 1 Printed on 41412018 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2018-0186 Legistar File ID 4/3/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/15/2018 Water & Sewer Maintenance / Utilities Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of a one-year construction contract with four automatic renewal options with Insituform Technologies, LLC for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method based on unit pricing submitted in Bid 18-22. This contract will be utilized as needed through the end of calendar year 2018 and is subject to rate increases as identified in the bid document. 5400.720.5700-5815.00 Account Number 02017.2018 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Budget Impact: Water and Sewer Fund Sanitary Sewer Rehabilitation Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 6,267,912.00 $ 215,705.43 $ 6,052,206.57 $ 248,501.00 j $ 5,803,705.57 Approval Date: V20140710 Comments: The amount is based on estimated quantities, which are subject to change based on the department's annual need. CITY OF _ FAYETTEVILLE ARKANSAS MEETING OF APRIL 3, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: March 14, 2018 CITY COUNCIL MEMO SUBJECT: Bid 18-22 - Construction, 2018 Sanitary Sewer Cured In Place Pipe (CIPP) RECOMMENDATION: Staff recommends approval of a one-year construction contract with four automatic renewal options with Insituform Technologies, LLC for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method based on unit pricing submitted in Bid 18-22. This contract will be utilized as needed through the end of calendar year 2018 and is subject to rate increases as identified in the bid document. BACKGROUND: Bid 18-22 Construction, 2018 Sanitary Sewer Cured In Place Pipe (CIPP) includes the bid for 2018 and the option for four (4) automatic annual renewals. Insituform has provided the annual CIPP contract since 2005. The prices and rates bid by Insituform shall be firm throughout 2018. Prices and rates may only be increased or decreased for the next or subsequent contract extension period. Pricing cannot increase more than five percent (5%) of the preceding year's value. If the City and Insituform cannot agree on the extension of the contract, then the contract shall terminate at the end of the contract year, subject to the City of Fayetteville's right to unilaterally extend the contract of the same terms and conditions, for a period not to exceed four (4) months to enable the City of Fayetteville time to rebid this work. DISCUSSION: Public Bids were opened on March 7, 2018. Two bids were received. The low bid of $248,501.00 was submitted by Insituform and was based off estimated quantities. Insituform Suncoast $248,501.00 $364,574.00_ The annual linear feet can fluctuate based on the need of sanitary sewer lining services each year. In 2012, a contract with Insituform had a not -to -exceed price of $330,000.00 and annual renewal periods. In 2014 and 2016, the annual amount spent (based on unit pricing in the bid) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 was $896,728.84 and $373,764.16, respectively. Due to the varying annual need of Insituform's services, the Utilities Department requests to use the unit pricing in the bid as needed. The unit pricing for Insituform's bid is as follows: Description Unit Unit Price 6" x 4.5mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place LF $38.00 8" x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place LF $36.00 10" x 6.Omm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place LF $36.00 12" x 6.Omm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place LF $42.00 Internal Reinstatement of Service Laterals EA $0.01 Standard Mobilization (within 15 working days) EA $1,000.00 _ Emergency Mobilization (within 3 working days) EA $1,000.00 _ Trench Safety Comply with OSHA Standards 29 CFR 1926 Safety and Health Regulations for Construction Subpart P _ s LS $500.00 BUDGET/STAFF IMPACT: Funds are available in the Sanitary Sewer Rehabilitation project. Attachments: 1. Certified Bid Tab 2. Bid Form 3. Agreement signed by Insituform 4. Supporting Documentation for authority to sign: a. Limited Liability Company Agreement of Insituform Technologies, LLC b. Action By Unanimous Written Consent of the Board of Managers of Insituform Technologies, LLC c. Insituform Technologies, LLC President Appointment of Officers Bid 18-22 2018 sanitary Sewer cast In Place Pipe CIPP Attachments: 1. Certified Bid Tab 2. Bid Form Agreement signed by Insituform 4. Supporting Documentation for authority to sign: a. Limited Liability Company Agreement of Insituform Technologies, LLC Action By Unanimous Written Consent of the Board of Managers of Insituform Technologies, LLC C. Insituform Technologies, LLC President Appointment of Officers CITY OF FAYETTEVILLE ARKANSAS Construction - 2018 Sanitary Sewer Cast in Place Pipe jHi; a aid'raG.:act;. Bid No 16--1-2 Date: 03..07.2018 Time, 2;00 Pki LioneidJordan, Mayor Certification of Funds: $350,000.00 Number of Max Bid Award limit: $437,500,00 AScj��:d:,rns: 1 CERTIFIE Andrea R+r-it,,b-PQ, CPPB, Purchasing Manager , I - Date /3 Insituform Technologies, LLC Suncoast Infrastructure; Inc. ITEM EST111ATED UNIT UNIT Y DESCRipjaIv UNIT QUANTITY PRICE AMOUNT PRICE 0A UNT I W x 4.5rnm trencttless rehf,bil tatlon 6v CIPP of existinv sewer 7 nsainGn P p - e, coniple e n ... 4.000 > 1F 00 $ S 5?,:u 0.0EJ 5 45 00 5 18:;,000 OQ ti�aCC 7 8" X 6 0"Irpl iFef;ffil�55 A e tat i1- ai- r oy (:IPP of existing Sewer (ripe mainlins�, compi€�tW in 1, s013 $ 36-00 S 54, 0r)f), C : 53 00 V 7 79_M ()r1 ( P Pyla CC 3 I 10" X 6 0r^I1"! tTf+i3Chle$5 rehabslit�tion by C'€P o(eX�slirg vd ver pine tt'jairriin . co notete it SCD $ 36.00 1%�,i300.00 $ 59 00 $ 29,500:01` Duce 4 12" x 6.'Jmrn [renchless tes�abIiiativrs by C!PP of exi.stinq � ,ewer ptpe mainl ne, rornplete in L F. Soo � tL.OD 5 21'.00000 $ 63.00 $ ] .500 "a E: 5 Internal Reinstatement of Servee Laterals iA ��" $ 'tt; P I-00 S 1:000 6 Standard Mobillza€ion (within 15 vrnrkin days) €A 3 $ 1,000.00 5 `,000.00 j 5,050.00 $ 10,100.00 7 Emergency h9obi'ization (within .."s working days; €A 000.0(3 1,O Iy.s 4 16,384 00 ` S 1:],..K0(Z .B Trench safety Comply with 0514A Standard's 79 CFR 1926 Safety and Health Regulations for S S02'r' $ 500 00 > 2,590.00 S 2,590.(10 Construction Subpart P TOTAL BASE BID $ 248,50100 $ 364,574.01) CERTIFIE Andrea R+r-it,,b-PQ, CPPB, Purchasing Manager , I - Date /3 DOCUMENT 00400 -BID FORM DOCUMENT 00400-111II] FORM Contract Name: 2018 Sanitary Sewer Cured In Place Pipe Bid Number: 18 - 22, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Insitutorm Technologies, LLC 17988 Edison Avenue Chestarfiel�. mis.S2Q uLQsos ARTICLE 1- INTYNT 1.01 "The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terns and conditions of the Contract Documents. ARTIC:LF. 2- TF.RNt5 AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance ror 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 2.02 This bid is for a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. This contract is generally for miscellaneous and 00400-1 DOCUMENT 00400 -BID FORM unidentified rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method. 2.02 The undersigned bidder, having examined the specifications and contract documents, and being fully advised as to the extent and character of the work, propose to furnish all equipment and to perform all labor and work necessary for the completion of the work described by and in accordance with the specifications and contracts for the following prices. ARTICL.T 3- BIDDER'S 1t[.PIU-.SENTA-r10N.5 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 1 02/2112018 B. Bidder has visited the Site, City or Utilities and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract .Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to 00400-2 DOCUMENT 00400 -BID FORM Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. This Project is a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. G. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and fumishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. H. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. L Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports. and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. t. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. L. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. M. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person; firm, or corporation and is not submitted in conformity 00400-3 DOCUMENT 00400 -BID FORM with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and 1-lealth Administration (OSHA) Part 1926 -- Subpart P — Excavations. ARTICLF -i- BID MICE Bidders are required to provide pricing for all line items. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, all bids shall be rejected and become confidential. The total amount bid for the item of "Standard Mobilization" must not exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5% of the total, then the bid may be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s) as indicated on the UNIT PRICE. BID SCHEDULE which follows: 00400-4 DOCUMENT 00400 -BID FORM UNIT PRICE BID SCHEDULE EST. UNIT ITEM NO_ DESCRIPTION UNIT QTY PRICE TOTAL 6" x 4.5mm trenchless rehabilitation by 1 CIPP of existing sewer pipe mainline, complete in place LF 4000 3 $, 00 p +r` � 5 21, o00 . 0 8" x 6.Omm trenchless rehabilitation by CIPP of existing sewer pipe mainline, 5 y► D OO 0O 2 complete in place LF 1500 DD , 10" x 6.Omm trenchless rehabilitation by CIPP of existing sewer pipe mainline, 3%00 g� 000-00 3 complete in place LF 500 12" x 6.Omm trenchless rehabilitation by CIPP of existing sewer pipe mainline, #g2.o0 Z11000-00 4 complete in place LF 500 5 Internal Reinstatement of Service Laterals EA 100 Standard Mobilization (within 15 working D0O 6 days) EA 2 Emergency Mobilization (within 3 �� 00 ODO 7 working days) EA 1 -OO Trench Safety Comply with OSHA Standards 29 CFR 1926 Safety and Health SC>D•DO �j ti 500 . Q d 8 Re Wations for Construction Subpart P LS 1 TOTAL AMOUNT BID /� ` � ,� 1 � 2q?'? S'41. oo q Tt7 Q���-�`+�sRKA Tile. hL*AAveC oNe 4.1 ADO two � a;t 1 00400-5 DOCUMENT 00400 -BID FORM The City intends to award to the lowest responsive responsible bidder based on the evaluation of the UNIT PRICE BID SCHEDULE The basis for award of the contract shall be the lowest total bid by an acceptable and qualified bidder who meets all or the experience requirements stated within this contract. Any bidder who does not meet all of the experience requirements stated within this contract shall be considered a nonqualiffed bidder and will not be awarded the contract. ARTICLE 5- CONTRACT TINTF'ti 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days or date indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. A RTICL196- BID CONTEN'F 6.01 The following documents are attached to and made a condition of this Bid. A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond and in the amount of Five Percent of the Total Bid Dollar-, ($ 51 or lurml hirl j B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATION 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Insituform Technologies. LLC Attn: Laura M. Andreski 17988 Edison Avenue; Chesterfield, I14issou6 63005 Email landreski ae ion corn Phone No. 6 6 3o-800 Fax No. 00400-6 DOCUMENT 00400 -BID FORM AR 171CL7 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9- CON' R;kCTOR'S ASStIRAN+CES .AN1D 1•.XECUIONISIGNATURE 9.01 Contractor's Assurances. As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY l will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 1.1246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and 1 will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination_ NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained: and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS 1 will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance, 1 will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000. OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. 00400-7 DOCUMENT 00400 -BID FORM PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that l will obtain a similar certification for each subcontract awarded in excess of $25,000. 00400-8 DOCUMENT 00400 -BID FORM 9.02 Exec ution/Signatures for Contractor Assurances above, Bid and Bid Form: SUBMITTED on March 7 _ _ , 20?a, Arkansas State Contractor License No._on720Q041e _ If Bidder is: An fndivid a[ Name (type or printed):__ NA E3Y: lae��l (Individual's Signature) Doing business as. Business address: Phone No: Fax No. Email Address: A Dart er.% ? Partnership Name NA ISI Ai.1 (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Fax No. Email Address-.- 00400-9 ddress: 00400-9 DOCUMENT 00400 -BID FORM _1 ('c�rnnrati{ni der C'nr c�rat� entity' incilfdit#� l.ffnst4d LiaE�ility f" tntt as lv (.w Corporation Name : Imituform7eannotoWas.. LLC _ (SUAL) State of Incorporation: Delawar.P _ Type (General Business, Professional, Service, Limited Liability): Limited Wbility Company By: (Signature -attach evidence of authority to sign) Name (type or printed): Laura na Andreski Title: Contracting and Attesting Officer (CORPORATE SEAL) r r Attest: �',`-7„le, l7rtEttrt • C.-rxnim7r t fi1CF sTfrr� "tflt ert;tttfre of Corporate Secretary) Business address: 179M Edison Avenue Chesterfield. Missouri 63005 Phone No:_ (636) 53o-8ono Fax No- I��I�ezQt— Email Address: tandreckE{5MELgion-corn END OF DOCUMENT 00400 00400-10 INSITUFORM TECHNOLOGIES, LLC VIZ FSI l)ENT A.PPOINThIENT OF QFE CEILS Pursuant to the authority set forth in the Limited Liability Company Agreement of Insituform Technologies, LLC (the "Company"), I hereby determine that: Christlanda Adkins, Laura M. Andreski, Janet Hess, Jana Lause, Diane Partridge, Whittney Schulte, and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company. (i) to certify and to sliest the signature of any officer of the Company, (ii) to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company, (iii) to execute and to deliver documents on behalf of the Company, and (iv) to take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company; and 2. All other Contracting and Attesting Officers of the Company appointed by the President of the Company prior to the date of this appointment are hereby removed from office. Dated: December 14, 2017 Frank IL Firsching President ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF INSITUFORM TECHNOLOGIES, LLC The following actions are taken and the following business transacted by the unanimous written consent ofthe Board of Managers (the "£Board") of Insit uform Technologies, LLC, a Delaware limited liability company (the "Company"), effective as of the 8m day of April, 2016. Appointmentof Officers WHEREAS, the Board has determined that it is in the best interest of the Company to remove David F. Morris as President of the Company and appoint Frank Firsching as President of the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint David F. Morris as Executive Vice President, Chief Administrative Officer and Secretary of the Company, and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint Mark Menghini as Senior Vice President and Assistant Secretary for the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint Kent W. Bartholomew as Vice President and Assistant Secretary for the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint Diane Partridge, Debra Jasper, Laurie Andreski, Jana Lause, Whittney Schulte, and Ursula Youngblood as Contracting and Attesting Officers for the Company. THEREFORE BE IT RESOLVED, that the Board hereby removes David F. Morris as President for the Company and appoints Frank Firsching as President for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints David F. Morris as Executive Vice President, Chief Administrative Officer and Secretary for the Company to serve until his successor shall have been duly elected and qualified, or until his death or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints Stephen Callahan as Senior Vice President for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints Mark Menghini as Senior Vice President and Assistant Secretary for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it Ratification of Prior .Actions FURTFtER RESOLVED, that the Board hereby confirms, approves and ratifies all actionstaken by the Company prior to the date hereof. Omnibus Resolut:ip_nj FURTHER RESOLVED, that the officers of the Company be, and each of them acting individually hereby is, authorized and empowered to perform such other acts and to execute such other filings, notifications, instruments, deeds, agreements and other doctirnents, including, but not limited lo, the execution and ding of any notices or dings with any governmental or regulatory body, as may be necessary or appropriate to effectuate the intent of the foregoing resolutions. The undersigned, constituting the entire Board of Managers of the Company, hereby consent to and adopt the foregoing resolutions, effective as of the day and year first written above. Charles R. Gordon 6173—�-Q- � David F. Morris '), aw'�— David A. Martin Constituting the entire Board of Managers of the Company -3 - DOCUMENT 00500 — AGREEMENT BETWEFN OWNER AND CONTRACTOR Contract Name/Title: 2018 Sanitary Sewer Cured In Place Pipe Contract No.: 18-22, Construction THIS AGREEMENT is dated as of the 3rd day of April in the year 2018 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. A. This Project is a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. B. The contract may be renewed for additional periods up to four (4) additional contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the CONTRACTOR. 1.02 The Contractor will commence and complete the projects selected for rehabilitation under this Term Maintenance Contract at the City of Fayetteville, Arkansas and all incidental and ancillary work in accordance with the conditions and at the prices stated in the Bid Proposal which are a part of these Contract Documents attached hereto and made a part hereof. 1.03 The Contractor will furnish all materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the projects selected for rehabilitation. 1.04 The Contractor will commence the work required under this term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas in a timely manner as projects are selected. The Contractor shall furnish City of Fayetteville a timeline for each project as preparation for the work begins. 00500 Agreement 00500- 1 a DOCUMENT 00500 — AGREEMENT (continued) 1.05 The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00400 -Bid Form. 1.06 Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.07 Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. 1.08 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-way, railroad right-of-way and in General or Utility Easements. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville. The City of Fayetteville assumes all duties and responsibilities, and has the rights and authority assigned to The City of Fayetteville, including Owner and Engineer in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL: PAYMENT: A. The Work shall be completed within the annual term and Purchase Order. 1. The timeline for this contract shall end December 31, 2018. Upon approval of the City of Fayetteville, the contract may be extended on a yearly basis for up to four years. 3.03 LIQUIDATED DAMAGES: A. Not Applicable (NA). B. In lieu of liquidated damages the annual term contract and Purchase Order will be limited to the calendar year which the Purchase Order is furnished. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 The Contractor shall be entitled to receive up to Three Hundred Fifty Thousand Dollars ($350,000.00). City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded and City of Fayetteville may choose to purchase more, less, or none of the rehabilitation, depending upon its needs. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method. The City of Fayetteville will pay the Contractor in the manner and at such times as set forth in the General Conditions such amounts, as required by the Contract Documents. 4.03 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.04 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Updn final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE b - CONTRACT IMNi+ WAL 6.01 Contract Renewal. A. The contract may be renewed for additional periods up to four (4) additional annual contract periods beyond the original bid and will -be based solely upon the option and agreement between both the City of Fayetteville and the CONTRACTOR. The prices and rates bid by the successful bidder shall be firm throughout the initial one year period of the contract. Prices and rates may only be increased or decreased for the next or subsequent contract extension period, and only if the parties agree to extend the contract. If the City of Fayetteville seeks to decrease or Contractor seeks to increase any price or rate, each party shall give the other party written notice thereof at least ninety (90) days prior to the end of the contract year, together with a justification for each proposed rate of price change. City of Fayetteville and Contractor shall negotiate in good faith the amount, if any, in the increase or decrease in the price or rate; provided, however, in no event may any specific unit cost change more than five percent (5%) of the preceding year's value. If the parties are unable to agree on the extension of the contract, then the contract shall terminate at the end of the contract year, subject to the City of Fayetteville's right to unilaterally extend the contract of the same terms and conditions, for a period not to exceed four (4) months to enable the City of Fayetteville time to rebid this document. B. Purchase orders may be issued to the successful bidder for an amount up to an approximate total of $350,000.00 with a contract period not to exceed one (1) year. C. The cost of any change orders will be included in the original contract total, i.e.; they will count against the approximate total of $350,000.00. Payment for work shall be made upon completion and acceptance of the work by the City of Fayetteville. 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 7 - CONTRACTOR'S REP1LESENTATIONS 7.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. , Contractor has visited the Site, City and/or Utilites and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOC'UM1✓NTS 8.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: I . This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. The Performance and Payment Bond shall be one hundred percent (100%). 00500 Agreement 00500-7 I DOCUMENT 00500 -- AGREEMENT (continued) 4. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 5. General Conditions. 6. Supplementary Conditions. 7. Specifications consisting of divisions and sections as listed in Table of Contents of Project Manual. 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 9 - MISCELLANEOUS 9.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 9.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 9.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts 00500 Agreement 00500-9 DOCUM NT 00500 — AGREED ENT (continued) each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on April 3 A , 2018, which is the Effective Date of the Agreement. CONTRACTOR: CITY OF FAYETTEVILLE By: _Laura M. Andreski By: Liaiteld Jordan (Type or legibly print) (Type or legibly print) o (Signature) (Signature) Title: Conlractil]_g and Atte-sling Q icer Title: Mavor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest Attest Ursula J. Yowighlood Conliad ng & Attesting OffiCer 00500 Agreement 00500- 10 (SEAL) DOCUMENT D0500 — AGREEMENT (continued) Address for giving notices Address for giving notices 1799R Edison Avenue 113 W. Mountain St. L.hesterfielti, NN[issottri 53005 Fayettevtlla, AR 727OI License No. 0072030418 Agent for Service of process Corporation SeL%cAS.q )p iyaL 30i)S grin- Sheet Suite 900 Little Rock, Arkansas 72201 (Type or legibly print) (Signature) Laura M. Andreski, Contracting and Attesting Officer Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity Approved As to Form: or LLC, attach evidence of authority to sign.) By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500-11 LIMITED LIABILITY COMPANY AGREEMENT OF INSITUFORM TECIINOLOGIES, LLC THIS LIMITED LIABILITY COMPANY AGREEMENT OF INSITUFORM TECHNOLOGIES, LLC is made this 31 st day of December, 2011, by Aegion Corporation, a Delaware corporation (the "Member"). RECITALS: A. As of December 31, 2011, the Member converted Insituform Technologies, Inc., a Delaware corporation (171I"), to INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company (the "Company"), in accordance with the Act (as defined below). B. This Agreement (as defined below) is intended to replace the By -Laws of ITI in effect as of the date of this Agreement, which By -Laws are hereby revoked and of no further force or effect. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agrees as follows: INCORPORATION OF RECITALS The Recitals set forth above are hereby incorporated in this Agreement, as if fully set forth in the body of this Agreement. 2. DEFINITIONS The following terms, as used in this Agreement, have the meanings set forth in this Section 2. "Act" means the Delaware Limited Liability Company Act, as may be amended from time to time. "AgNpmenf' means this Limited Liability Company Agreement, as it may be amended, restated, modified, or supplemented from time to time in accordance with its provisions. "Board of Managers" means the group of Managers that exercises the powers, and manages the business and affairs, of the Company pursuant to Section 4 of the Agreement. "Certificate" means the Certificate of Formation, as originally filed with the office of the Secretary of State of the State of Delaware effective as of the Effective Time, as the same may be amended from time to time. "Code" means the Internal Revenue Code of 1986, as amended, 26 U.S.C.A, et seq., or any succeeding federal internal revenue law as from time to time in effect. "Effective Time" means 11:58 p.m. CST on December 31, 2011. "Manager" means a manager on the Board of Managers. "Member" has the meaning set forth in the preamble to this Agreement. ITLLC Limited Liability Agreement "Person" means an individual, corporation, limited liability company, association, general partnership, limited partnership, limited liability partnership, joint venture, trust, employee benefit plan estate, or other entity or organization. 3. THE COMPANY, ITS MEMBER AND THE BUSINESS (a) Formation. The Company was converted from a Delaware corporation to a Delaware limited liability company when the executed Certificate and Certificate of Conversion were filed with the office of the Secretary of State of the State of Delaware in accordance with and pursuant to the Act. Except as provided in this Agreement, all rights, liabilities, and obligations among the Member, the Company and other Persons, shall be as provided in the Act, and this Agreement shall be construed in accordance with the provisions of the Act. To the extent that the rights or obligations of the Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. (b) Company Name. The name of the Company shall be "Insituform Technologies, LLC". The business of the Company may be conducted under that name or, upon compliance with applicable laws, any other name that the Board of Managers deems appropriate or advisable. The Board of Managers shall file any assumed name certificates and similar filings, and any amendments thereto, that it considers appropriate or advisable. (c) Term of the Company. The term of the Company as a corporation commenced on March 27, 1980. The term of the Company as a limited liability company commenced at the Effective Time and shall continue until the Company is dissolved and its affairs wound up in accordance with the Act and Article 6 of this Agreement. (d) Purposes of the Company. The purpose of the Company shall be to carry on any lawful business, purpose or activity permitted under the Act. (e) Authority of theC_ o� mpany. The Company shall be empowered and authorized to do all lawful acts and things necessary, appropriate, proper, advisable, incidental to, or convenient for the furtherance and accomplishment of its purposes_ (f) Principal Office and Cather OfTices; Registered Agent. The Company's registered agent and the address of its initial registered office in the State of Delaware shall be as set forth in the Certificate. The registered office and registered agent may be changed by the Board of Managers, as it deems advisable from time to time by filing an amendment to the Certificate. The Company may maintain any other offices at any other places that the Board of Managers deems advisable. The Company may, upon compliance with the applicable provisions of the Act, change its principal office or registered agent from time to time at the discretion of the Member_ (g) Egrei xgn-Quali_fication. The Company shall take all necessary actions to be authorized to conduct business legally in all appropriate jurisdictions, including registration or qualification of the Company as a foreign limited liability company in those jurisdictions that provide for such registration or qualification. (h) Fise lI Year. The fiscal year of the Company shall begin on the first day of January in each year. -2- ITLLC Limited Liability Agreement ISSUANCE OF COMMON SHARES (a) The membership interests of the Company authorized for issuance shall be common shares ("Common Shares"), having the designations, preferences and relative, participating, optional and other special rights, powers and duties relating to the Common Shares authorized for issuance pursuant to this Section 4. A total of one thousand (1,000) Common Shares, par value $0.01 per share, are hereby authorized for issuance. (b) The holders of Common Shares shall be entitled to one vote per Common Share on matters submitted to a vote or consent of the Members. Each Common Share shall be identical in all respects with each other Common Share. (c) All common shares of ITI outstanding as of the date of this Agreement are hereby automatically converted into Common Shares of the Company. The Member acknowledges that as of the date of this Agreement, one (I) Common Share is outstanding in the name of the Member. CASH DISTRIBUTIONS; ALLOCATIONS OF PROFITS AND LOSSES (a) Distributions. All cash of the Company available for distribution shall be distributed to the Member at such times and in such amounts as the Board of Managers shall determine. (b) Allocatic),ns of Profits and Losses. All profits and losses of the Company shall be allocated to the Member. RIGHTS AND POWERS OF THE BOARD OF MANAGERS AND OFFICERS (a) Management by the Board of Managers Except for situations in which the approval of the Member is required by this Agreement or by non-waivable provisions of the Act, (i) the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of, the Board of Managers; and (ii) the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Agreement. (b) Actions by Board of Managers. In managing the business and affairs of the Company and exercising its powers granted hereunder, the Board of Managers may act through meetings or written consents pursuant to this Section 6. Any Person dealing with the Company, other than the Member, may rely on the authority of a Manager or any duly appointed officer of the Company in taking any action in the name of the Company without inquiry into the provisions of this Agreement or compliance herewith, regardless of whether that action actually is taken in accordance with the provisions of this Agreement. The Member, by execution of this Agreement, agrees to, consents to, and acknowledges the delegation of powers and authority to the Board of Managers granted hereunder, and to the actions and decisions of the Board of Managers within the scope of their authority as provided herein. (c) Number and Term of Office. The Board of Managers shall consist of three Managers. Each Manager shall serve until his or her successor is duly elected or until his or her resignation, removal or death. (d) Vacancies {em_ oval: Rcsi ation. Any Manager may be removed at any time, with or without cause, but only by the Member. In the event that any Manager ceases to serve as a Manager during his term of office, the resulting vacancy shall be filled by the Member. Any Manager may resign his or her office at any time. -3- ITLLC Limited Liability Agreement (e) h�Lt tg11, (i) The attendance of all the Managers shall constitute a quorum for the transaction of business of the Board of Managers, and the act of a majority of the Managers shal I be necessary to be the act of the Board of Managers. A Manager who is present at a meeting of the Board of Managers at which action on any Company matter is taken shall be presumed to have assented to the action unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file a written dissent to such action with the Person acting as secretary of the meeting before the adjournment thereof or shall deliver such dissent to the Company immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Manager who voted in favor of such action. (ii) Meetings of the Board of Managers may be held at such place or places as shall be determined from time to time by resolution of the Board of Managers. At all meetings of the Board of Managers, business shall be transacted in such order as shall from time to time be determined by resolution of the Board of Managers. (iii) Regular meetings of the Board of Managers shall be held at such times and places as shall be designated from time to time by resolution of the Board of Managers, but shall not be held less frequently than quarterly. Notice of such meetings shall not be required. (iv) Special meetings of the Board of Managers may be called by the President or any Manager on at least ten (10) days' notice to each Manager. Such notice need not state the purpose or purposes of, or the business to be transacted at, such meeting, except as may otherwise be required by law or provided for in this Agreement. (f) Approval or Ratification of Acts or Contracts by Mclnbers. The Board of Managers in their discretion may submit any act or contract for approval or ratification at any annual or special meeting of the Members. (g) Action by Managers b,,,�'Written Consent r Telephone Conferer!ge. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Board of Managers may be taken without a meeting if a written consent, setting forth the action to be taken, is signed by all of the Managers. Such consent shall have the same force and effect as a vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Board of Managers. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Managers may participate in and hold a meeting of the Board of Managers by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting, except where a Person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. (h) Officers. (i) Election and Removal of Officers. The officers of the Company shall be the President, one or more Vice Presidents, a Secretary, and a 'Treasurer, each of whom shall be elected by the Board of Managers. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board of Managers. Any two (2) or more offices may be held by the same person. Each officer shall hold office until his or her successor shall have been duly elected and shall have qualified or until his or her death or until he or she shall resign or shall have been removed in the manner hereinafter provided. Any officer, agent, or other employee elected or appointed by the Board of -4- ITLLC Limited Liability Agreement Managers may be removed by the Board of Managers, with or without cause, whenever in the Board of Manager's judgment the best interests of the Company will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not of itself create contract rights. (ii) Vacancies. A vacancy in any office because of death, incapacity, resignation, removal, disqualification or otherwise, may be filled by the Board of Managers. (iii) President. The President shall be the principal executive officer of the Company and shall in general supervise and control all of the business and affairs of the Company. The President may sign any deeds, mortgages, bonds, contracts, or other instruments which the Board of Managers has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Managers or by this Agreement to some other officer or agent of the Company, or shall be required by law to be otherwise signed or executed. The President shall in general perform al l duties incident to the office of President and such other duties as may be prescribed by the Board of Managers from time to time. (iv) V ice President. Each Vice President shall perform such duties as shall be assigned to him or her and shall exercise such powers as may he granted to him or her by the Board of Managers or the President of the Company. (v) Secretary. The Secretary shall (A) keep the minutes of the proceedings of the Member and of the Board of Managers in one or more books provided for that purpose; (B) see that all notices are duly given in accordance with the provisions of this Agreement or as required by law; (C) be custodian of the Company records; (D) keep a register of the post of ice address of the Member which shall be furnished to the Secretary by such Member, and (E) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or by the Board of Managers. (vi) Treasurer. The Treasurer shall: (A) have charge and custody of and be responsible for all funds of the Company; (B) receive and give receipts for moneys due and payable to the Company from any source whatsoever, and deposit all such moneys in the name of the Company in such banks, trust companies or other depositories as shall be selected by the Board of Managers; and (C) in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to the Treasurer by the President or by the Board of Managers. (vii) Appointments the President. The President of the Company may from time to time appoint officers of the Company's operating divisions, and such contracting and attesting officers of the Company as the President may deem proper, who shall have such authority, subject to the control of the Board of Managers, as the President may from time to time prescribe. (i) Limitation of Liability of the Member. The debts, obligations and liabilities of the Company, whether arising in contract, tort, or otherwise, shall be solely the debts, obligations and liabilities of the Company. The Member shall not be obligated personally for any such debt, obligation, or liability of the Company solely by reason of being the Member, except and only to the extent as otherwise expressly required by law. 0) Conflicts of Interest. A Manager, the Member and officers of the Company at any time and from time to time may engage in and possess interests in other business ventures of any and every type and description, independently or with others, with no obligation to offer to the Company or any other Member, Manager or officer the right to participate therein. The Company may transact business w5_ tTLLC Limited Liability Agreement with any Manager, Member, officer or affiliate thereof, provided the terms of those transactions are no less favorable than those the Company could obtain from unrelated third parties. 7. ASSIGNMENT, TRANSFER, OR SALE OF INTERESTS IN THE COMPANY The Member may sell, assign, pledge, or otherwise encumber or transfer all or any part of its limited liability company interest in the Company to any Person. The Member may resign as a Member of the Company upon the transfer of al I of its limited liability company interests in the Company to any Person. Upon the transfer of any limited liability company interests of any Member to any other Person, such Person shall automatically and without any other action by the Company or any Member, be admitted as a Member of the Company. 8. DISSOLUTION AND TERMINATION OF THE COMPANY (a) Events of Dissolution. The Company shall dissolve upon the earlier to occur of: (i) an election to dissolve the Company made by the Member; or (ii) the happening of any event that, under the Act, causes the dissolution of a limited liability company. (b) Actions on Dissolution. Upon the dissolution of the Company, the Board of Managers shall act as liquidator to wind up the Company. The proceeds of liquidation shall be applied first to the payment of the debts and liabilities of the Company (including any loans to the Company made by the Member), the expenses of liquidation and the establishment of any reserves that the liquidator deems necessary for potential or contingent liabilities of the Company_ Remaining proceeds shall be distributed to the Member as provided in Section 5(a). When all debts, liabilities and obligations have been paid and discharged or adequate provisions have been made therefor and all of the remaining property and assets have been distributed to the Member, the Board of Managers shall file a certificate of cancellation as required by the Act. Upon filing the certificate of cancellation, the existence of the Company shall cease, except as otherwise provided in the Act. BOOKS, RECORDS, AND RETURNS (a) Books of Account_ and, Records. A copy of this Agreement and any other records required to be maintained by the Act shall be maintained at the principal office of the Company. All such books and records shall be available for inspection and copying by the Member or its duly authorized representatives during ordinary business hours. The Company shall keep accurate books and records of the operation of the Company which shall reflect all transactions and be appropriate and adequate for the Company's business and for carrying out the provisions of this Agreement. (b) Deposit of Conlp gy funds. All revenues, assessments, loan proceeds and other receipts of the Company will be maintained on deposit in interest-bearing and non-interest bearing accounts and other investments as the Board of Managers deems appropriate. 10. INDEMNIFICATION The Company will indemnify and hold harmless each Manager and each officer of the Company from and against any loss, expense, damage, or injury suffered or sustained by any of them by reason of any acts, errors in j udgment, omissions, or alleged acts or omissions related to the business of the Company to the fullest extent allowed by law. The Company's duty to indemnify will include any judgment, award, settlement, reasonable legal fees, and other costs and expenses related to the defense of any actual or -6- ITLLC Limited Liability Agreement threatened action, proceeding, or claim and including any payments made by any Manager or any officer, or by reason of any disallowance by any taxing authority of any deduction taken on any Company tax return. The Company shall advance to each Manager or officer any legal expenses required to defend any such claim upon receipt of a written undertaking by or on behalf of such Manager or officer to repay such amounts if it shall ultimately be determined that such Manager or officer is not entitled to be indemnified therefor by the Company. 11. COMPANY SEAL The Board of Managers may provide a company seal, which shall be in circular form and shall have inscribed thereon the name of the Company, the state of formation, the original year of incorporation and the words "Company Seal". 12. MISCELLANEOUS (a) Captions. All section or paragraph captions contained in this Agreement are for convenience only and shall not be deemed part of this Agreement. (b) Pronouns. Siin ,alar and Plural Form. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter as the identity of the Person or Persons referred to may require, and all words shall include the singular or plural as the context or the identity of Persons may require. (c) Agreemt >t t B i!lbli1 . This Agreement shall be binding upon the successors and assigns of the Member. (d) GoverningLarv. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Delaware (without regard to the choice of law provisions thereof). (e) No Third -Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right enforceable by any Person not a party hereto, including any creditor of the Company or of the Member. IN WITNESS WHEREOF, the undersigned has executed this Agreement to be effective as of the date first written above. AELiI7RP7;Z� By: David A. Martin, Senior Vice President & Chief Financial Officer 7- 1TLLC Limited Liability Agreement ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF INSITUFORM TECHNOLOGIES, LLC The following actions are taken and the following business transacted by the unanimous written consentof the Board of Managers (the "11 ardd") oflnsituform Technologies, LLC, aDelaware limited liability company (the "Company"), effective as of the 8" day of April, 2015. Ap of ar,:s WHEREAS, the Board has determined that it is in the best interest of the Company to remove David F. Morris as President of the Company and appoint Frank Firsching as President of the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint David F. Morris as Executive Vice President, Chief Administrative Officer and Secretary of the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint Mark Menghini as Senior Vice President and Assistant Secretary for the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint Kent W. Bartholomew as Vice President and Assistant Secretary for the Company; and WHEREAS, the Board has determined that it is in the best interest of the Company to appoint Diane Partridge, Debra Jasper, Laurie Andreski, Jana Lause, Whittney Schulte, and Ursula Youngblood as Contracting and Attesting Officers for the Company. THEREFORE BE IT RESOLVED, that the Board hereby removes David F. Morris as President for the Company and appoints Frank Firsching as President for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints David F. Morris as Executive Vice President, Chief Administrative Officer and Secretary for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until lie shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints Stephen Callahan as Senior Vice President for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints Mark Menghini as Senior Vice President and Assistant Secretary for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints Kent W. Bartholomew as Vice President and Assistant Secretary for the Company, to serve until his successor shall have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the Board hereby appoints Diane Partridge, Debra Jasper, Laurie Andreski, Jana Lause, Whittney Schulte, and Ursula Youngblood as Contracting and Attesting Officers for the Company, each to serve until her successor shall have been duly elected and qualified, or until her death, or until she shall resign or shall have been removed from office; and be it FURTHER RESOLVED, that the appointment of Stephen Callahan as Senior Vice President, Human Resources of the Company effective November 9, 2015 is hereby ratified, confirmed, and approved. It is acknowledged that the omission of his name from the listing of officers dated January 4, 2016 was an administrative error. Restatement ol'Officers BE IT RESOLVED, that following the implementation of the foregoing resolutions, the following are officers of the Company: Name Office Frank R. Firsching - President David F. Morris Executive Vice President, Chief Administrative Officer and Secretary David A. Martin — Executive Vice President Stephen Callahan — Senior Vice President Kenneth L. Young — Senior Vice President and Treasurer Mark A. Menghini — Senior Vice President and Assistant Secretary Daniel P. Schoenekase — Vice President, General Counsel and Assistant Secretary Heidi Wilkinson Vice President — Human Resources Dennis Pivin Vice President— Safety Dawn Landmann Vice President—Taxation Larry Mangels Vice President and Chief Financial Officer Kent Bartholomew - Vice President and Assistant Secretary Diane Partridge — Contracting and Attesting Officer Debra Jasper Contracting and Attesting Officer Laurie Andreski Contracting and Attesting Officer Jana Lause Contracting and Attesting Officer Whittney Schulte - Contracting and Attesting Officer Ursula Youngblood Contracting and Attesting Officer ; and be it FURTHER RESOLVED, that any individual who was serving as an officer of the Company prior to the date hereof who was not reelected by these resolutions is hereby removed from office. -2- Ratification of Prior Actions FURTHER RESOLVED, that the Board hereby confirms, approves and ratifies all actions taken by the Company prior to the date hereof. Omnibus Resolutions FURTHER RE, SOL''VED, that the officers of the Company be, and each of them acting individually hereby is, authorized and empowered to perform such other acts and to execute such other filings, notifications, instruments, deeds, agreements and other documents, including, but not limited to, the execution and filing of any notices or filings with any governmental or regulatory body, as may be necessary or appropriate to effectuate the intent of the foregoing resolutions. The undersigned, constituting the entire Board of Managers of the Company, hereby consent to and adopt the foregoing resolutions, effective as of the day and year first written above. Charles R. Gordon (ID�� -,- - , David F. Morris Q David A. Martin Constituting the entire Board of Managers of the Company -3 - INSITUFORM TECHNOLOGIES, LLC PRESIDENT APPOINTMENT OF OFFICERS Pursuant to the authority set forth in the Limited Liability Company Agreement of Insituform Technologies, LLC (the "Company"), I hereby determine that: Christlanda Adkins, Laura M. Andreski, Janet Hass, Jana Lause, Diane Partridge, Whittney Schulte and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company, (i) to certify and to attest the signature of any officer of the Company, (ii) to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company, (iii) to execute and to deliver documents on behalf of the Company, and (iv) to take such action as is or may be necessary and appropriate to carry out the project, activities and work of the Company; and 2. All other Contracting and Attesting Officers of the Company appointed by the President of the Company prior to the date of this appointment are hereby removed from office. Dated: March 8, 2018 Frank R. Firsching President Project Manual gri CITY OF FAYETTEVILLE ARKANSAS 113 West Mountain Street Fayetteville, Arkansas 72701 2018 Sanitary Sewer Cured in Place Pipe BID # 18-22, Construction Bid 18-22 Addendum 1 Date: Wednesday, February 21, 2018 • To: All Prospective Vendors From: Les McGaugh —479.575.8220—Imcgaugh@fayetteville-ar.gov RE: Bid 18-22, Construction—2018 Sanitary Sewer Cast in Place Pipe 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. All submittals shall be bid to specifications as outlined in the project manual. 2. Bid form reflects the types of work performed over the last 5 years. 3. The City intends to use this contract for one (1) year with four (4) renewals, fora total of five (5) years. 4. The City held a non-mandatory pre-bid meeting as advertised on Thursday, February 08, 2018. Attached is the Pre-Bid Meeting Sign-In Sheet. City of Fayetteville , AR Bid 18 - 22 , Addendum 1 Page 111 Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 City of Fayetteville, Arkansas CITY OF Purchasing Division— Room 306 FAYETTEVILLE 113W. in AR727 Fayetteville, AR 72701 %Ipir ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID INVITATION TO BID: Bid 18-22, Construction — 2018 Sanitary Sewer Cast In Place Pipe DEADLINE: Wednesday March 07, 2018 before 2:00 PM, Local Time, Room 306 PRE-BID MEETING: Thursday February 08, 2018 at 10:00 AM, Room 326, City Hall DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 02.01.2018 & 02.08.2018 INVITATION TO BID 18-22, Construction — 2018 Sanitary Sewer Cast In Place Pipe No late bids shall be accepted. Bids shall be submitted in sealed envelopes. 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. NOTICE TO ALL BIDDERS: All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail at Imcgaugh@fayetteville-ar.gov. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Interested parties are responsible for printing. All bids will be distributed electronically from the City of Fayetteville Purchasing Division. Receiving electronic links from the City of Fayetteville, AR automatically registers you as a plan holder. E-MAILED BID PACKAGE INCLUDES LINKS TO THE FOLLOWING FILES: FILE#01: PROJECT MANUAL: 192 total pages *Additional files added as addendums are issued. Addendums will be directly e-mailed to all listed plan holders and posted on the City's website. *PLAN HOLDER LISTINGS&ADDENDUMS WILL BE POSTED AT http://fayetteville-ar.gov/bids Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. • Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 { THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 • Project Manual API& 1V2pirk CITY OF FAYETTEVILLE ARKANSAS 113 West Mountain Street Fayetteville, Arkansas 72701 2018 Sanitary Sewer Cured In Place Pipe BID # 18-22, Construction City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 tip ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID INVITATION TO BID: Bid 18-22, Construction — 2018 Sanitary Sewer Cast In Place Pipe DEADLINE: Wednesday March 07, 2018 before 2:00 PM, Local Time, Room 306 PRE-BID MEETING: Thursday February 08, 2018 at 10:00 AM, Room 326, City Hall DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov • DATE OF ISSUE AND ADVERTISEMENT: 02.01.2018 & 02.08.2018 INVITATION TO BID 18-22, Construction — 2018 Sanitary Sewer Cast In Place Pipe • No late bids shall be accepted. Bids shall be submitted in sealed envelopes. 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. NOTICE TO ALL BIDDERS: All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail at Imcgaugh(a@fayetteville-ar.gov. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Interested parties are responsible for printing. All bids will be distributed electronically from the City of Fayetteville Purchasing Division. Receiving electronic links from the City of Fayetteville, AR automatically registers you as a plan holder. E-MAILED BID PACKAGE INCLUDES LINKS TO THE FOLLOWING FILES: FILE#01: PROJECT MANUAL: 192 total pages *Additional files added as addendums are issued. Addendums will be directly e-mailed to all listed plan holders and • posted on the City's website. *PLAN HOLDER LISTINGS&ADDENDUMS WILL BE POSTED AT http://fayetteville-ar.gov/bids Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.pov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 00001 - CERTIFICATION • I certify that the 2018 Sanitary Sewer Cured In Place Pipe contract documents including the specifications were prepared by me utilizing multiple resources including Manufacturers' Standard Specifications and Previous City of Fayetteville Contracts and Specifications. Further I certify that I am a duly Licensed Profession Engineer under the laws of the State of Arkansas. As the 2018 Sanitary Sewer Cured In Place Pipe contract is multi-year(Term Maintenance Contract)the following qualifications and requirements are added to the use of my Engineering Seal and Certification: My endorsement, Engineering Seal and Certification of the 2018 Sanitary Sewer Cured In Place Pipe contract is valid only as a function as my employment by the City of Fayetteville,Arkansas. My endorsement, Engineering Seal and Certification is void for the 2018 Sanitary Sewer Cured • In Place Pipe contract,and/or any other use by the City of Fayetteville, Arkansas, upon my termination of employment for,at,or by,the City of Fayetteville,Arkansas. Upon the termination of my employment for,at,or by,the City of Fayetteville, Arkansas, my seal shall be void and removed from this document and at that time the City may request that another designated Professional Engineer ethically and legally amend and/or revise these specifications and documents and provide their individual Professional Engineering seal for this contract subject to that Engineer meeting the requirements of the Arkansas Board of Licensure for Professional Engineers and Professional Surveyors, Board Laws and Rules Handbook and in compliance with Arkansas Stage Law Code § 22-9-101 Observation by registered professionals required. • SA : GF REGIME-+: ROFESSIONAL ENyGIlVEBR0Z O1- 2018 No.6646co 4/U. BEA' END OF SECTION 00001 -CERTIFICATION 00001 -CERTIFICATION 00001 — 1 • TABLE OF CONTENTS 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22, Construction CONTRACT DOCUMENTS INVITATION TO BID COVER INTRODUCTORY INFORMATION 00005 CERTIFICATION 00001-1 of 1 00010 TABLE OF CONTENTS 00010-1 of 2 00100 BID SOLICITATION 00120 INVITATION TO BID 00120-1 of 2 00140 BIDDER'S QUALIFICATION STATEMENT 00140-I of 4 00200 INSTRUCTIONS TO BIDDERS 00200-1 of 11 . 00400 BID FORMS AND SUPPLEMENTS 00400 BID FORM 00400-1 of 10 00410 BID BOND 00410-1 of 2 • 00430 LIST OF SUBCONTRACTORS 00430-1 of 1 00500 AGREEMENT FORM 00500 AGREEMENT FORM 00500-1 of 11 00550 NOTICE TO PROCEED 00550-1 of 2 • 00600 BONDS AND CERTIFICATES 00610 PERFORMANCE BOND 00610-1 of 3 00611 LABOR AND MATERIAL PAYMENT BOND 00611-1 of 3 00640 TWO YEAR WARRANTY BOND 00640-1 of 2 00700 CONTRACT GENERAL CONDITIONS 00700 TABLE OF CONTENTS 00700TOC-1 of 4 00700 GENERAL CONDITIONS 00700-1 of 51 00800 SUPPLEMENTARY CONDITIONS 00800 SUPPLEMENTARY CONDITIONS 00800-1 of 8 DIVISION 1- GENERAL REQUIREMENTS 01 1 10 SUMMARY OF WORK 01110-1 of 4 01250 CONTRACT MODIFICATION PROCEDURES 01250-1 of 2 01270 UNIT PRICES 01270-1 of 2 01271 MEASUREMENT AND PAYMENT 01271-1 of 4 01290 PAYMENT PROCEDURES 01290-1 of 2 01290.1 APPLICATION FOR PAYMENT FORM 01290.1-1 of 2 01290.2 SCHEDULE OF VALUES 01290.2-1 of 1 01320 PROJECT MEETINGS, SCHEDULES, AND REPORTS 01320-1 of 2 00010 Table of Contents 00010- 1 01321 SCHEDULE 01321-1 of2 01420 DEFINITIONS AND STANDARDS 01420-1 of 3 01530 BARRIERS AND TEMPORARY CONTROLS 01530-1 of 6 01560 TEMPORARY UTILITIES AND FACILITIES 01560-1 of 7 02001 MOBILIZATION 02001-1 of 1 02003 TRENCH SAFETY PROTECTIVE SYSTEMS 02003-1 of 2 02004 CONFINED SPACES 02004-1 of 1 02005 - PUBLIC EMPLOYEES RIGHT TO KNOW ACT 02005-1 of 1 02006 ABESTOS PIPE 02006-1 of 1 TECHNICAL SPECIFICATIONS 02735 CLEANING AND INTERNAL TELEVISON 02735-1 of 6 02770 CURED IN PLACE LINER MAIN LINE 02770-1 of 8 • • END OF DOCUMENT 00010 Table of Contents 00010-2 SECTION 00120—INVITATION TO BID Contract Name:2018 Sanitary Sewer Cured In Place Pipe City of Fayetteville Bid Number 18—22, Construction Advertising Dates: The City of Fayetteville, AR(Owner) is accepting sealed bids from properly licensed professionals for the 2018 Sanitary Sewer Cured In Place Pipe contract. The Work includes The Work under this Contract may include, but is not limited to,an estimated 6,500'of 6" - 12" sanitary sewer main line pipe and 100 internally reinstated connections on the 6"-12"mains including preparation for various locations in Fayetteville, Arkansas and as further defined in the Contract Documents. All sealed bids shall be received by the City of Fayetteville, Arkansas (the Owner) until Wednesday, March 7, 2018 before 2:00:00 PM, local time. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bids will be received at the following location: Purchasing Agent's Office(Room 306)at City Administration(aka City Hall) • 113 West Mountain Street Fayetteville,Arkansas 72701 No late bids shall be accepted. Bids shall be submitted in sealed envelopes. 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. A non-mandatory pre-bid meeting will be held on Thursday February 8, 2018 at 10:00 a.m., Room 326, 113 W. Mountain, Fayetteville,AR 72701. All interested parties are strongly encouraged to attend. All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail at lmcgaugh(c�fayetteville-ar.gov. When registering as a plan holder,vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Interested parties are responsible for printing. All bids will be distributed electronically from the City of Fayetteville Purchasing Division. Receiving electronic links from the City of Fayetteville, AR automatically registers you as a plan holder. Bid Documents may be obtained for bidding purposes from the City of Fayetteville Purchasing Division bye-mailing Imcgaugh@favetteville-ar.gov as noted above. No partial sets will be issued. No paper sets will be issued or sold prior to bidding. No half size sets will be sold or issued prior to bid opening. E-MAILED BID PACKAGE INCLUDES LINKS TO THE FOLLOWING FILES: FILE#01: PROJECT MANUAL: 192 total pages *Additional files added as addendums are issued. Addendums will be directly e-mailed to all listed plan holders and posted on the City's website. 00120 Invitation to Bid 00120— 1 SECTION 00120—INVITATION TO BID *PLAN HOLDER LISTINGS&ADDENDUMS WILL BE POSTED AT http://fayetteville-ar.gov/bids Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas, or a Bid bond, in the amount of five percent (5%) shall accompany each Bid in accordance with the Instructions to Bidders. After a contract has been awarded,a one hundred percent(100%)performance and payment bond shall be provided to the City after being file marked at the Washington County Circuit Clerk's Office in accordance with the Instructions to Bidders. The Bid shall be conditioned upon compliance with all applicable labor related requirements including the regulations and stipulations concerning equal employment opportunity, minority manpower utilization, affirmative action requirements,and minimum wage rates. The City reserves the right to reject any or all Bids and to waive irregularities therein,and all Bidders shall agree that such rejection shall be without liability on the part of the City for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the City because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions. 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. City of Fayetteville,Owner By: Les McGaugh Title: Purchasing Agent END OF SECTION 00120 • 00120 Invitation to Bid • 00120-2 DOCUMENT 00140— BIDDER'S QUALIFICATION STATEMENT: Contract Name:2018 Sanitary Sewer Cured In Place Pipe Bid 18-22. Construction Date: March 7,2018 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street • Fayetteville,Arkansas 72701 SUBMITTED BY: . Company Insituform Technologies,LLC Name Laura M.Andreski.Contracting and Attesting Officer Address 17988 Edison Avenue:Chesterfield,Missouri 63005 • Principal Office 17988 Edison Avenue:Chesterfield,Missouri 63005 • Corporation, LLC, partnership, individual,joint venture,other Limited Liability Company Arkansas State General Contractor's License Number 0072030418 (Type or legibly print) For a Bidder(Contractor)to be considered as Qualified, the Contractor must satisfy all insurance. financial,and bonding requirements of the City of Fayetteville,and must have had at least five(5)years active experience under the current Contractor name in the installation of the product(s)bid, including sanitary sewer cured in place internal pipe lining of both main sanitary sewer and service laterals. The Contactor must also provide documentation with the bid to document: The Contractor's successful completion of five(5)term service or maintenance contracts similar in scope Co this City of Fayetteville Bid with a minimum duration of one year. The Contactor must also provide documentation with the bid to document the Contractor's successful experience with the following: (I)lining no less than 50,000 feet of 6"or 8"diameter sewer main;(2) reinstatement of no fewer than 200 each internal 4"services connected to 6"or 8"diameter sewer mains. The Contractor shall have executed work for municipalities operating sewer collection facilities. with a minimum of three(3)projects equaling or exceeding three hundred thousand dollars ($300,000)for installation of the product(s)bid. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville attached to this section. In, 00140-Bidder Qualifications 00140— 1 • • DOCUMENT 00140— BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) accordance with Arkansas Procurement Law,a Contractor may use the combined experience of its owners or senior executive staff to satisfy the experience requirement,or the combined amount of experience of the key personnel that will be responsible for satisfying the experience requirement. EXPERIENCE STATEMENT(MANDATORY) , I. Bidder has been engaged as a General Contractor in construction for 38 years and has performed work of the nature and magnitude of this Contract for 38 years. Bidder has been in business under its present name for 6 years. 2. The Contactor must also provide documentation with the bid to document the Contractor's successful experience with the following: a. The Contactor must also provide documentation with the bid to document the Contractor's successful completion of five(5)term service or maintenance contracts similar in scope to this City of Fayetteville Bid with a minimum duration of one year. The Contactor must also provide documentation with the bid to document the Contractor's successful experience with the following: (I) lining no less than 50,000 feet of 6"or 8"diameter sewer main;(2) reinstatement of no fewer than 200 each internal 4"services connected to 6"or 8"diameter sewer mains. See Closed Projects attachment. 3. Bidder now has the following bonded projects under contract: (Ona separate sheet, list project name,owner, name of owner contact,engineer/architect,name of engineer/architect contact,amount of contract,surety,and estimated completion date.) See Active Projects attachment. 4. Bidder has completed the following(list minimum of 3)contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner,name of owner contact, engineer/architect, name of engineer/architect contact,amount of contract,surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) See Closed Projects attachment. 5. Has Bidder ever failed to complete any project? If so,state when,where,and why. No. 6. Bidder normally performs the following work with his own forces: CWP 1n%4-.111,1, •te. ' ?as-I CCTV sv4,4t a, q�rr,e4ws • 7. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): See attached Officer Bio page and Resumes. 00140-Bidder Qualifications 00140—2 • • DOCUMENT 00140—BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 8. In the event the Contract is awarded to Bidder,the required surety Bonds will be furnished by the following surety company and name and address of agent: • Travelers Casualty&Surety Company of America Agent: JW Terrill • 828 Maryville Centre Drive:Suite 200 Chesterfield,Missouri 63017 • 9. Bidder's Workmen's Compensation Experience Modifier Factor is: .76 FINANCIAL STATEMENT(IF REOUESTED) A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including • Bidder's latest balance sheet and income statements showing the following items: a. Current assets(cash,joint venture accounts, accounts receivable, notes receivable,accrued income,deposits, materials inventory,and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities(accounts payable, notes payable, accrued expenses, provision • for income taxes,advances,accrued salaries,and accrued payroll taxes). e. Other liabilities(capital,capital stock, authorized and outstanding shares par values, earned surplus. and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein,explain relationship and financial responsibility of the organization furnished. . 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. None $ b. _ $ MATERIALS STATEMENT(MANDATORY) A. Bidder shall provide documentation attached to the Bid to verify compliance with Section 02770—CURED IN PLACE LINER MAIN LINE B. The Bidder shall submit within the same envelope with his Bid Form,complete"submittal data"to thoroughly define the character of the methods and materials upon which his Bid is • 00140-Bidder Qualifications 00140—3 DOCUMENT 00140— BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) based. Submittal data shall include catalog data sheets,descriptive material, photographs, etc.,so as to thoroughly explain to the City of Fayetteville the character of the proposed rehabilitation. If such submittal is deficient in the opinion of the City of Fayetteville,the City of Fayetteville may request of the Bidder supplementary information as necessary to satisfy. the City of Fayetteville. • Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: March 7 , 2018 • (OFFICIAL SEAL) • Name of Organization: Insituform Technologies,LLC By Laura M.Andreski (Type i r legibl print) By .I 1 4 /ii + • (Signature) • SEAL. Title Contracting and Attesting Officer (Type or legibly print) If Bidder is a partnership. the partnership name shall be signed,followed by the signature of at least one of the partners. If Bidder is a corporation or LLC,the corporate name shall be signed, followed by the signature of a duly-authorized officer and with the corporate seal affixed. Contractor shall attach evidence of authority of signature. If Contractor is a corporation,corporate entity or LLC,Contractor shall attach Corporate Resolution authorizing Contractor's signature and authority to sign. END OF DOCUMENT 00140 • • 00140-Bidder Qualifications 00140— INSITUFORM TECHNOLOGIES,LLC PRESIDENT APPOINTMENT OF OFFICERS i Pursuant to the authority set forth in the Limited Liability Company Agreement of Insituform Technologies,LLC(the"Company"),I hereby determine that 1. Christlanda Adkins,Laura M.Andreski,Janet Hass,Jana Lause,Diane Partridge, Whittney Schulte,and Ursula Youngblood are appointed as Contracting and Attesting. Officers of the Company,each with the authority,individually and in the absence of the others,subject to the control of the Board of Managers of the Company,(i)to certify and to attest the signature of any officer of the Company,(ii)to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto,including the maintenance of one or more offices and facilities of the Company,(iii)to execute and to deliver documents on behalf of the Company,and(iv) to take such other action as is or may be necessary and appropriate to carry out the project,activities and work of the Company;and 2. All other Contracting and Attesting Officers of the Company appointed by the President of the Company prior to the date of this appointment are hereby removed from office. Dated: December 14,2017 .110 .Frank R.Firsching President DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: ARTICLE 1 - INTRODUCTORY INFORMATION 1.01 DEFINED TERMS: A. Terms used in these Instructions to Bidders and which are defined in the GENERAL CONDITIONS, have the meanings assigned to them in the GENERAL CONDITIONS. B. Bid Documents shall include the following: 1. Bidding Requirements: a. Invitation to Bid. b. Instructions to Bidders. • c. Bid Form. d. Bid Bond. 2. Bidder's Forms: The Bidder's attention is called to the following additional forms which shall be completely filled out and submitted with the Bid: • a. Bidder's Qualifications Statement • b. List of Subcontractors 3. Contract Forms: a. Agreement Between Owner and Contractor. The Bidder's attention is called to the evidence of authority to sign and other documents which shall be submitted with the Agreement as applicable to the Business entity and noted in the Agreement. b. Performance Bond. c. Labor and Material Payment Bond(Payment Bond). (1) The Performance and Payment Bond shall be one hundred percent(100%). (2) The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 4. Contract Conditions: a. General Conditions. b. Supplementary Conditions or Specifications 5. Specifications. 6. Addenda issued prior to receipt of Bids. 00200-Instructions to Bidders 00200— I DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) C. Certain additional items used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1. • Bidder—one who submits a Bid directly to Owner as distinct from a sub- bidder, who submits a Bid to a Bidder. 2. Issuing Office—the office from which the Bid Documents are to be issued and where the bidding procedures are to be administered. 3. Successful Bidder—the lowest,responsible,and responsive Bidder to whom Owner on the basis of Owner's evaluation as hereinafter provided makes an award. D. Term Maintenance Contract: 1. This bid is for a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville,Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less,or none of the rehabilitation,depending upon the City's needs.The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured-in-place pipe method. 2. The timeline for this contract if awarded shall end December 31, 2018. 3. This contract, if awarded,may be renewed for additional periods up to four (4)additional annual contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the Contractor. The prices and rates bid by the successful bidder shall be firm throughout the initial one year period of the contract. Prices and rates may only be increased or decreased for the next or subsequentcontract extension period,and only if the parties agree to extend the contract. If the City of Fayetteville seeks to decrease or Contractor seeks to increase any price or rate,each party shall give the other party written notice thereof at least ninety(90)days prior to the end of the contract year, together with a justification for each proposed rate of price change. City of Fayetteville and Contractor shall negotiate in good faith the amount, if any, in the increase or decrease in the price or rate; provided, however, in no event may any specific unit cost change more than five percent(5%)of the preceding year's value. If the parties are unable to agree on the extension of the contract,then the contract shall terminate at the end of the contract year, subject to the City of Fayetteville's right to unilaterally extend the contract of the same terms and conditions, for a period not to exceed four(4) months to enable the City of Fayetteville time to rebid this document. 1.02 COPIES OF BID DOCUMENTS: A. Complete sets of the Bid Documents in the number and format as stated in the Invitation to Bid may be obtained from the City's Issuing Office. B. Complete sets of Bid Documents shall be used in preparing Bids; neither Owner,nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 00200-Instructions to Bidders 00200—2 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) C. Owner and Engineer in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 1.03 QUALIFICATION OF BIDDERS: A. Prequalification statements are not required. Owner will, however, evaluate the Bidder's qualifications following the opening of Bids. Evaluation criteria considered will include, but not be limited to: 1. Experience and performance records on similar work. 2. Financial responsibility. 3. Ability to supply construction equipment and personnel to complete the Work within the Contract Time. 4. Evidence of Bidder to do business in the state where the Project is located,or covenant to obtain such qualifications prior to award of the Contract. B. Bidders may be requested to submit financial statement and other information relating to experience and financial responsibility after bids are received and before awarding a contract. C. Only those Bids will be considered which are submitted by Bidders who show satisfactory completion of work of type and size comparable to the Work required by these Bid Documents. 1. A list of comparable projects, including pertinent information and identification of the owners, shall be submitted with the Bid. 2. See ARTICLE 5—AWARD OF CONTRACT herein for additional requirements after opening of Bids. D. For this specific project, 2018 Sanitary Sewer Cured In Place Pipe, Bid 18-22, Construction,all bidders must be licensed in the State of Arkansas and shall provide their license number on the Bid Form. Failure to provide license number could result in a non-responsive Bid. 1.04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE: A. Before submitting a Bid, it is the responsibility of each Bidder: 1. To thoroughly examine the Contract Documents and other related data identified in the Bid Documents(including"technical data"referred to below). 2. To visit the Site, City and/or Utilities to become familiar with and satisfy Bidder as to the general, local,and Site conditions that may in any manner affect cost,progress,and performance of the Work. Multiple miscellaneous locations within the Fayetteville,Arkansas sanitary sewer collection system may be identified for rehabilitation. 3. To consider federal, state, and local laws,ordinances,rules,and regulations that may in any manner affect cost, progress,performance,and furnishing of the Work. 00200-Instructions to Bidders 00200—3 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) 4. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data. • 5. To promptly notify Engineer of all conflicts,errors, ambiguities,or • discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. B. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations,explorations,tests, studies,and data concerning conditions(surface, subsurface,and Underground Facilities)at or contiguous to the Site or otherwise, which may affect cost, progress,performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder, including safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price,and other terms and conditions of the Contract Documents. This shall include local shipping facilities and availability of lands if applicable. C. • In the preparation of the Contract Documents,neither reports of explorations nor tests of any Hazardous Environmental Condition at the Site of the Work have been prepared. D. Access to the Site: I. On request,Owner will provide each Bidder access to the Site(s)to conduct such examinations, investigations, explorations,tests,and studies as each Bidder deems necessary for submission of his Bid. Bidder shall fill all holes, clean up,and restore the Site to its former conditions upon completion of such explorations, investigations,tests, and studies. _ 2. The lands upon which the Work is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment,or storage of Materials and Equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 3. Property owners affected by the Work are named on the Drawings where known, but the accuracy of such ownership is not guaranteed. Bidders shall verify and make their own arrangements with such property owners for any access needed in connection with the preparation of Bids. E. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph"Examination of Contract Documents and Site,"and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 00200-Instructions to Bidders 00200—4 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) 1.05 INTERPRETATIONS, MODIFICATIONS, AND ADDENDA: A. Any Bidder who discovers ambiguities, inconsistencies,or errors or is in doubt as to the meaning or intent of any part of the Bid Documents shall promptly request an interpretation from Engineer. Interpretations or clarifications considered necessary by Engineer in response to such requests will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bid Documents. B. Addenda may also be issued to modify the Bid Documents as deemed advisable by Owner or Engineer. C. No Addenda will be issued within the last two(2)days before the date of opening • Bids. However,an addendum that affects the time,date or location of the bid opening may be issued as little as twenty-four(24)hours before the date of opening • bids. D. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.06 PREBID CONFERENCE: A prebid conference will be held in accordance with the Invitation to Bid.• • • 1.07 LABOR-RELATED REGULATIONS: A. Pursuant to Arkansas Code Annotated 22-9-203,the City of Fayetteville encourages all qualified 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. ARTICLE 2 - BASIS OF BIDDING 2.01 SPECIFIED EQUIPMENT AND MATERIALS: A. Substitutions will be considered only after the Effective Date of the Agreement and as set forth in the GENERAL CONDITIONS. 2.02 INDIRECT COSTS: • A. Taxes: 1. All applicable sales, use, compensating, or other taxes to be paid or withheld by Bidder, now imposed by any taxing authority, on Equipment and Materials to be incorporated in the Work, and on any or all other cost items • entering into the Contract Price, shall be included in the Bid price. 2. The Bidder shall include all such taxes except those on Equipment and Materials, if any,furnished by Owner or others,or exempted by the state,and Bidder shall furnish taxing authorities any information or reports pertaining thereto as required. B. The cost of all construction licenses, building and other permits,and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by 00200-Instructions to Bidders 00200—5 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) Owner,shall be included in the Bid price. Fees for permits issued by the City will be waived, but permits are still required where necessary C. The cost of all royalties and license fees on Equipment and Materials to be furnished and incorporated in the Work shall be included in the Bid price. D. Tests, inspections,and related activities called for throughout the Bid Documents are a responsibility of Contractor unless specified otherwise. The Bid shall include all costs arising from such responsibility. E. The cost of all electrical, water,gas,telephone,sanitary,and similar facilities and services required by Contractor in performing the Work shall be included in the Bid price unless specified otherwise. 2.03 • SUBCONTRACTORS: A. No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. B. The experience, past performance,and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. C. No Contractor shall be required to employ any Subcontractor,other person,or organization against whom Contractor has reasonable objection. Owner or Engineer may accept or reject Subcontractors in accordance with Paragraph 6.05 of the GENERAL CONDITIONS. 2.04 CONTRACT TIMES: A. The number of days within which,or the dates by which,the Work is to achieve Substantial Completion and also final completion and be ready for final payment shall be as stated in the Agreement. B. Provisions for liquidated damages, if any, are as set forth in the Agreement. ARTICLE 3- BIDDING PROCEDURE 3.01 PREPARATION OF BID: A. One set of bound documents included with the officially provided set of drawings(if any)and specifications shall be used for the Bid. B. The Bid Forms shall be filled out in detail in ink and signed by the Bidder. Forms shall not be removed from the bound document. C. Bids by partnerships shall be executed in the partnership name and signed by a partner whose title shall appear under his signature,and the official address of the partnership shall be shown below the signature. D. Bids by corporations,corporate entities and/or LLC's shall be executed in the corporate name by the president or a vice president(or other corporate officer accompanied by evidence of authority to sign),and the corporate seal shall be affixed • and attested by the secretary or an assistant secretary. If Contractor is a corporation, corporate entity or LLC,Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign.The corporate address and state of incorporation shall be shown below the signature. 00200-Instructions to Bidders 00200—6 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) E. Names of all persons signing shall be printed below their signatures. F. A power of attorney shall accompany the signature of anyone not otherwise authorized to bind the Bidder. G. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. H. The address to which communications regarding the Bids are to be directed shall be shown. 3.02 METHOD OF BIDDING: A. Bids will be received on a Unit Prices basis as set forth in the Bid Form. B. Firm Bids are required. C. Schedule of Unit Prices: 1. The Bidder shall complete the Unit Price Bid Schedule included in the Bid (and shall accept all fixed Unit Prices listed therein). 2. The total Bid price will be determined as the sum of the products of the estimated quantity of each item and the Unit Price set forth in the Unit Price Bid Schedule. The final Contract Price shall be subject to adjustment according to final measured, used, or delivered quantities. 3.03 SUBCONTRACTORS INFORMATION SUBMITTED WITH BID: A. Bidders shall submit to Owner with the Bid,the List of Subcontractors contained in the Project Manual as Document 00430, completed with names of all such Subcontractors, Suppliers,and other persons and organizations proposed for those portions of the Work for which such identification is required. The list shall be supplemented by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person,or organization, if requested by Engineer. If,after due investigation,Owner or Engineer has reasonable objection to any proposed Subcontractor, Supplier,or other person or organization,Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid. If the apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the bid security of any Bidder. Any Subcontractor, Supplier,or other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and- Engineer subject to revocation as provided in Paragraph 6.05 of the General Conditions. 3.04 MANUFACTURERS SUBMITTED WITH BID: A. Bidder shall provide documentation attached to the Bid to verify compliance with Section 02770—CURED IN PLACE LINE MAIN LINE 00200-Instructions to Bidders 00200—7 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) 3.05 FORMS AND DOCUMENTS TO BE SUBMITTED: A. The following forms shall be completed and submitted with the Bid: 1. DOCUMENT 00140 BIDDER'S QUALIFICATIONS STATEMENT 2. DOCUMENT 00400 BID FORM 3. Bid Security as bank cashier's check FROM A FINANCIAL INSTITUTION LOCATED IN THE STATE OF Arkansas, or Bid Bond(DOCUMENT 00410) 4. DOCUMENT 00430, LIST OF SUBCONTRACTORS B. Additional information required(mandatory)to be submitted with the Bid: 1. Documentation attached to the Bid to verify compliance with Section 02770 —CURED IN PLACE LINE MAIN LINE 3.06 BID SECURITY: A. Each Bid shall be accompanied by Bid security, payable to Owner,of the amount stipulated in the Invitation to Bid. B. The required security shall be in the form of a bank cashier's check from a financial institution located in the state of Arkansas or a Bid Bond on the form prescribed by the AIA, Document A310,or on similar form attached. C. Bid Bond shall be executed by a surety meeting the requirements set forth for."Surety Bonds" in the GENERAL CONDITIONS. D. Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and furnished the required surety Bonds as set forth in the GENERAL CONDITIONS, whereupon Bid security will be returned. If the Successful Bidder fails to execute the Agreement and furnish the surety Bonds within 15 days after the date of Notice of Award,Owner may annul the Notice of Award,and Bid security of that Bidder will be forfeited to Owner. E. The Bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 10 days after the Effective Date of the Agreement and the required surety Bonds furnished, or the 91" day after the Bid opening. Bid security of other Bidders will be returned within 10 days of the bid opening. 3.07 SUBMISSION OF BID: A. Bids shall be submitted at the time and place designated in the Invitation to Bid. B. Bid Documents with accompanying Bid security and other required information shall be enclosed in an opaque sealed envelope marked with the following: 1. Project name. 2. Bid number. 3. Name and address of Bidder. 4. Contractor's license number. 00200-Instructions to Bidders 00200—8 • DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) C. If the Bid is sent by mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"Sealed Bid Enclosed"on the face thereof. 3.08 MODIFICATION OR WITHDRAWAL OF BIDS: A. Bids may be modified or withdrawn by an appropriate document duly executed(in the manner that Bid must be executed)and delivered to the place where Bids are to ' be submitted at any time prior to the opening of Bids. B. If, within 24 hours after Bids are opened,any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid,that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter,that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. ARTICLE 4- OPENING OF BIDS 4.01 OPENING OF BIDS: A. Bids will be opened and(unless obviously non-responsive)read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids. B. All Bids shall remain open for a period of 90 days after Bids are opened, but Owner • may,at his sole discretion,release any Bid and return the Bid security at any time prior to that date. ARTICLE 5- AWARD OF CONTRACT 5.01 OWNER's RIGHT TO REJECT BIDS: A. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced,or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price,times,or changes in the Work and to negotiate Contract terms with the Successful Bidder. (Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices.) Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. All Bidders must agree that such rejection shall be without liability on the part of the Owner nor shall the Bidders seek recourse of any kind against the Owner because of such rejections. The filing of any Bid shall constitute an agreement of the Bidder to these conditions. 5.02 EVALUATION OF BIDS: A. In evaluating Bids,Owner will consider the qualifications of the Bidders,whether or not the Bids comply with the prescribed requirements(and such.Material Submittals, 00200-Instructions to Bidders 00200—9 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) Alternates, Unit Prices)and other data,as may be requested in the Bid Form or prior to the Notice of Award. Owner must accept Alternates(if any)in numerical order. B. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers,and other persons and organizations is requested per Paragraph 5.02E of this document: C. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility,qualifications,and financial ability of the Bidders, proposed Subcontractors,and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. D. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. E. Within 10 days after Bids are opened,and if requested by the Owner or the Engineer, the apparent Successful Bidder,and any other Bidder so requested, shall submit supplemental information including an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person,or organization, proposed by the Bidder for consideration as specified in ARTICLE 3 paragraph 3.03 above. The use of Subcontractors listed by Bidder(Document 00430)and accepted by Owner prior to the Notice of Award will be required in the performance of the Work. F. Within 10 days after the Bids are opened if requested by the Owner or the Engineer, the apparent Successful Bidder,and any other Bidder so requested, shall submit an itemized breakdown of any lump sum portion of its Bid. This breakdown must include a separate item for each major category of work and each major piece of equipment. This breakdown may or may not be reflected in subsequent time schedule submittals. G. The award of the Contract, if it is awarded, will be to the lowest,responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of Project and Owner. 5.03 NOTICE OF AWARD: A. After considering the basis of award and evaluation of Bids, if the Contract is to be awarded,Owner shall within 90 days after the date of opening Bids notify the Successful Bidder of acceptance of his Bid(indicating which, if any,Alternate Bids have been accepted). ARTICLE 6- SIGNING OF AGREEMENT 6.01 When Owner gives Notice of Award to Successful Bidder, Engineer will issue the required number of unbound, unsigned counterparts of the Agreement and other Contract Documents to Successful Bidder. 6.02 Within 15 days thereafter,Contractor(Successful Bidder)shall sign all copies of the Agreement dating the Agreement and required documents the Date of City Council Approval, insert the properly executed and recorded Bonds, power of attorney documents,and other required documents in the appropriate places,and deliver all copies to Owner. 00200-Instructions to Bidders 00200— 10 DOCUMENT 00200—INSTRUCTIONS TO BIDDERS: (continued) The Performance and Payment Bond shall be one hundred percent(100%)and shall be provided to the City after the bonds are filed and file marked at the Washington County Circuit Clerks office. 6.03 Within 15 days thereafter, unless otherwise noted in writing by Owner to Bidder, Owner will execute all copies of the Agreement. Owner will provide the executed Contract Documents to Engineer for binding and distribution as required. Each duly executed counterpart will be accompanied by a complete set of Drawings with appropriate identification. • END OF DOCUMENT 00200 • • J • • 00200-Instructions to Bidders 00200— 11 • DOCUMENT 00400-BID FORM DOCUMENT 00400-BID FORM , Contract Name: 2018 Sanitary Sewer Cured In Place Pipe Bid Number: 18-22, Construction BID TO: Owner: The City of Fayetteville,Arkansas 113 West Mountain Street Fayetteville,Arkansas 72701 BID FROM: Bidder: Insituform Technologies,LLC 17988 Edison Avenue . Chesterfield.Missouri 63005 ARTICLE 1-INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2-TERMS AND CONDITIONS 2.01 . Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 2.02 This bid is for a term maintenance contract for the rehabilitation-of sanitary sewer mainlines throughout Fayetteville,Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less,or none of the rehabilitation,depending upon the City's needs.The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. This contract is generally for miscellaneous and 00400-1 • DOCUMENT 00400-BID FORM unidentified rehabilitation of sanitary sewer mains and service connections using the cured-in-place pipe method. 2.02 The undersigned bidder, having examined the specifications and contract documents,and being fully advised as to the extent and character of the work,propose to furnish all equipment and to perform all labor and work necessary for the completion of the work described by and in accordance with the specifications and contracts for the following prices. ARTICLE 3-BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents,as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents,and the following Addenda, receipt of all which is hereby acknowledged: Number Date 1 02/21/2018 B. Bidder has visited the Site,City or Utilities and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress, performance,and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state,and local Laws and Regulations that may affect cost,progress,performance,and furnishing of the Work. D. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site;and(2)reports and drawings of a Hazardous Environmental Condition,if any,at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to 00400-2 DOCUMENT 00400-BID FORM Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied(or assumes responsibility for having done so)all such additional or supplementary examinations, investigations,explorations,tests, studies, and data concerning conditions (surface, subsurface,and Underground Facilities)at or contiguous to the Site or otherwise which may affect cost, progress, performance,or furnishing of the Work or which relate to any aspect of the means, methods,techniques, sequences,and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. This Project is a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville,Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less,or none of the rehabilitation,depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. G. Bidder does not consider that any additional examinations, investigations, explorations,tests,studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price,and other terms and conditions of the Contract Documents. J H. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site,reports, and drawings identified in the Contract Documents,and all additional examinations, investigations, explorations,tests, studies,and data with the Contract Documents. J. Bidder has given Engineer written notice of all conflicts,errors,ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. L. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. M. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity 00400-3 DOCUMENT 00400-BID FORM with any agreement or rules of any group,association,organization,or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. 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. ARTICLE 4-BID PRICE Bidders are required to provide pricing for all line items. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%,all bids shall be rejected and become confidential. The total amount bid for the item of"Standard Mobilization"must not exceed 5%of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%of the total, then the bid may be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s)as indicated on the UNIT PRICE BID SCHEDULE which follows: 00400-4 DOCUMENT 00400-BID FORM UNIT PRICE BID SCHEDULE EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 6"x 4.5mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, 1 complete in place LF 4000 3 8',00 4 /5 2,Ooo.00 8"x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, �y 2 complete in place LF 1500 Z.00 `4 514000 ,00 10"x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, 36 00 I g 000.00 3 complete in place LF 500 i 12"x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, 010.00 2,/ 000 .0 4 complete in place • LF 500i 0 5 Internal Reinstatement of Service Laterals EA 100 g O.0 1 # /. 00 Standard Mobilization(within 15 working i/ DSO 00 2 Off.OO 6 days) EA 2 Emergency Mobilization(within 3 7 working days) EA _ 1 g 4451/61)o 2 I,0°°"00 Trench Safety Comply with OSHA Standards 29 CFR 1926 Safety and Health SL10.00 �y 500.00 8 Regulations for Construction Subpart P LS 1 �i TOTAL AMOUNT BID I/ 2in,, Sal.00 Iwo k,Kdo. d Trod -4-L _ saKA 4Ve L. ome 4gai ' 's o 00400-5 • DOCUMENT 00400-BID FORM The City intends to award to the lowest responsive responsible bidder based on the evaluation of the UNIT PRICE BID SCHEDULE • The basis for award of the contract shall be the lowest total bid by an acceptable and qualified bidder who meets all or the experience requirements stated within this contract. Any bidder who does not meet all of the experience requirements stated within this contract shall be considered a nonqualified bidder and will not be awarded the contract. ARTICLE 5-•CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days or date indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6-BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond and in the amount of Five Percent of the Total Bid Dollars($ 5%of total bid J B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. • ARTICLE 7-COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Insituform Technologies,LLC Attn:Laura M.Andreski 17988 Edison Avenue;Chesterfield,Missouri 63005 • Email landreski@aegion.com Phone No. (636)530-8000 Fax No. (6361530-8701 • 00400-6 DOCUMENT 00400-BID FORM ARTICLE 8-TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9-CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. As the authorized representative of the individual, incorporation,or corporation (hereinafter referred to as the company)bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub-contract awarded in excess of$10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment • Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973;the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that 1 represent does not and will not maintain any facilities provided for its employees in a segregated manner,or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding$10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of$2,000. • OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. 00400-7 DOCUMENT 00400-BID FORM PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State,or local)with commission of any of the offenses enumerated in paragraph(b)of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State, or local)terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001,a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of$25,000. 00400-8 DOCUMENT 00400-BID FORM 9.02 Execution/Signatures for Contractor Assurances above, Bid and Bid Form: SUBMITTED on March 7 , 2018. • Arkansas State Contractor License No. 0072030418 • If Bidder is: An Individual Name(type or printed): NA By: (SEAL) (Individual's Signature) Doing business as: Business address: ' • Phone No: Fax No. Email Address: A Partnership Partnership Name : NA (SEAL) By: (Signature of general partner-attach evidence of authority to sign) Name(type or printed): Business address: . • Phone No: Fax No. Email Address: . 00400-9 DOCUMENT 00400-BID FORM A Corporation or Corporate entity including Limited Liability Company(LLC) Corporation Name : Insituform Technologies,LLC (SEAL) State of Incorporation: Delaware Type(General Business, Professional, Service, Limited Liability): Limited Liability Company • By: ClialkteL41 w` (Signature-attach evidence of authority to sign) Name(type or printed): Laura M.Andreski Title: Contracting and Attesting Officer (CORPORATE SEAL) Attest: ,4_4(LA,ai.de4.w.I. (1ature of Corporate Secretary) Business address: 17988 Edison Avenue Chesterfield,Missouri 63005 Phone No: (636)X30-8000 Fax No. (6361530-8701 Email Address: landreskiAaegion.com • END OF DOCUMENT 00400 • • 00400-10 INSITUFORM TECHNOLOGIES,LLC PRESIDENT APPOINTMENT OF OFFICERS Pursuant to the authority set forth in the Limited Liability Company Agreement of Insitufonn • Technologies,LLC(the"Company"),I hereby determine that: 1. Christlanda Adkins,Laura M.Andreski,Janet Hass,Jana Lause,Diane Partridge, Whittney Schulte,and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company,each with the authority,individually and in the absence of the others,subject to the control of the Board of Managers of the Company,(i)to certify and to attest the signature of any officer of the Company,(ii)to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto,including the maintenance of one or more offices and facilities of the Company,(iii)to execute and to deliver documents on behalf of the Company,and(iv) to take such other action as is or may be necessary and appropriate to carry out the project,activities and work of the Company;and 2. All other Contracting and Attesting Officers of the Company appointed by the President of the Company prior to the date of this appointment are hereby removed from office. • Dated: December 14,2017 • Frank R.Firsching President • DOCUMENT 00410— BID BOND • KNOW ALL MEN BY THESE PRESENTS: that we Insituform Technologies,LLC 17988 Edison Avenue Chesterfield,MO 63005 • as Principal,hereinafter called the Principal,and Travelers Casualty and Surety Company of America One Tower Square Hartford,CT 06183 a corporation'duly organized under the laws of the State of Connecticut -as Surety, hereinafter called Surety,are held and firmly bound unto • City of Fayetteville,Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee,hereinafter called Owner,in the sum of_Five Percent of the Amount Bid Dollars($5%of Amount Bid ),for the payment of which sum,well and truly to be made,Principal and said Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has submitted a Bid for: 2018 Sanitary Sewer Cured in Place Pipe,Bid 18-22,Construction. NOW,THEREFORE,if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid,and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds,if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 7 day of March 20 18-. • 00410-Bid Bond 00410— 1 • DOCUMENT 00410–BID BOND (continued) PRINCIPAL (CORPORATE SEAL) Insituform Technologies,LLC • By ,� I L f • (Signa' re) Laura Andreski,Contracting&Attesting Officer • (Type or paint) • SURETY Travelers Casualty and Surety Company of America By V– — • (Signature) Andrew P.Thome,Attorney-in-Fact (Type or print) ATTORNEY-IN-FACT (CORPORATE SEAL) Travelers Casualty and Surety Company of America By C °0 – (Signature) Andrew P.Thome,Attorney-in-Fact (Type or print) This Bond shall be accompanied with Attorney-in-Fact's authority from Surety END OF DOCUMENT 00410 • 00410-Bid Bond 00410—2 • State of Missouri County of St. Louis • On 3/07/2018, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Andrew P. Thome'known to me to be Attorney-in- Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA • the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly .acknowledged to me that such corporation executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this,certificate above. • Andrea Mc I arthy ;i_ 'ublic • ANDREA MCCA. 1HY Notary Public—Notary Seal State of Missouri,St.Charles County Commission* 15636518 • t My Commission Expires July 30,2019 • My Commission Expires: • Travelers Casualty and Surety Company of America nit. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surely Company of America,Travelers Casualty and Surely Company.and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the Slate of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Andrew P.Thome,of Chesterfield,Missouri,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. ION /go pcsbitzt .60 If State of Connecticut • - —_ By: i' —✓ : City of Hartford ss. Robert L.Raney,Setter Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney.who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surely Company,and SI.Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. • 41R �('� My Commission expires the 30th day of June,2021 _ ALA. C. • ♦ Marie C.Tetreault.Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casually and Surety Company of America,Travelers Casualty and Surely Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his o'her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors al any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED.that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal.if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power or Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile • signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 7 day of March . 2018 460‘.1:. 4,02( 1:100KA met e Kevin E.Hughes,Assi tans Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. • DOCUMENT 00430— LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents,the undersigned submits the following names of Subcontractors to be used in performing the Work for: 2018 Sanitary Sewer Cured In Place Pipe, Bid 18-22,Construction. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Designate Work AM s 004444 i es arokerlei Cle+ksuve 1Ne. b; /7V 3808 le.TX Rd. Clekv6.48 g /�ea�14� . TX 7 SSS t 7,3So.00 I • NOTE: This form must be submitted in accordance with the Instructions to Bidders. Insituform Technologies,LLC • Bidder's name(type or print) L ura M.Andreski,Contractin and Attesting Officer Bidder's name(signature) March 7,2018 Date • END OF DOCUMENT 00430 • • 00430-List of Subcontractors 00430— I DOCUMENT 00500—AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: 2018 Sanitary Sewer Cured In Place Pipe Contract No.: 18-22,Construction THIS AGREEMENT is dated as of the ath day of April in the year 2018 by and between The City of Fayetteville,Arkansas and Insituform Technologies,LLC (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. A. This Project is a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville,Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more,less, or none of the rehabilitation,depending upon the City's needs.The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. B. The contract may be renewed for additional periods up to four(4)additional contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the CONTRACTOR. 1.02 The Contractor will commence and complete the projects selected for rehabilitation under this Term Maintenance Contract at the City of Fayetteville,Arkansas and all incidental and ancillary work in accordance with the conditions and at the prices stated in the Bid Proposal which are a part of these Contract Documents attached hereto and made a part hereof. 1.03 The Contractor will furnish all materials,supplies,tools,equipment,labor,and other services necessary for the construction and completion of the projects selected for rehabilitation. 1.04 The Contractor will commence the work required under this term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas in a timely manner as projects are selected.The Contractor shall furnish City of Fayetteville a timeline for each project as preparation for the work begins. 00500 Agreement 00500- 1 DOCUMENT 00500—AGREEMENT(continued) 1.05 The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00400-Bid Form. 1.06 Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non-City dumpster or roll off container is not allowed. 1.07 Contractor is responsible for obtaining all applicable permits;however,fees for the City issued permits shall be waived. 1.08 The Contract may include work in City of Fayetteville right-of-way,ARDOT(State) right-of-way,railroad right-of-way and in General or Utility Easements. ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville. The City of Fayetteville assumes all duties and responsibilities,and has the rights and authority assigned to The City of Fayetteville,including Owner and Engineer in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work shall be completed within the annual term and Purchase Order. 1. The timeline for this contract shall end December 31,2018.Upon approval of the City of Fayetteville,the contract may be extended on a yearly basis for up to four years. 3.03 LIQUIDATED DAMAGES: A. Not Applicable(NA). B. In lieu of liquidated damages the annual term contract and Purchase Order will be limited to the calendar year which the Purchase Order is furnished. ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the 00500 Agreement 00500-2 DOCUMENT 00500—AGREEMENT (continued) amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 The Contractor shall be entitled to receive up to Three Hundred Fifty Thousand Dollars($350,000.00).City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded and City of Fayetteville may choose to purchase more, less,or none of the rehabilitation,depending upon its needs. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured-in-place pipe method.The City of Fayetteville will pay the Contractor in the manner and at such times as set forth in the General Conditions such amounts,as required by the Contract Documents. 4.03 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.04 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope,cost or fees. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5- PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS,RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as 00500 Agreement 00500-3 DOCUMENT 00500—AGREEMENT (continued) recommended by Engineer,on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS(and in the case of Unit Price Work based on the number of units completed)or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated below,but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine,or The City of Fayetteville may withhold,in accordance with the GENERAL CONDITIONS. a. 95%of Work Completed(with the balance being retainage). If Work has been 50%completed as determined by Engineer,and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer,The City of Fayetteville on recommendation of Engineer,may determine that as long as the character and progress of the Work subsequently remain satisfactory to them,there will be no additional retainage on account of Work subsequently completed,in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100%of the Work Completed less the aggregate of payments previously made; and b. 100%of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS,The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500—AGREEMENT(continued) ARTICLE 6- CONTRACT RENEWAL 6.01 Contract Renewal. A. The contract may be renewed for additional periods up to four(4)additional annual contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the CONTRACTOR. The prices and rates bid by the successful bidder shall be firm throughout the initial one year period of the contract. Prices and rates may only be increased or decreased for the next or subsequent contract extension period,and only if the parties agree to extend the contract. If the City of Fayetteville seeks to decrease or Contractor seeks to increase any price or rate,each party shall give the other party written notice thereof at least ninety(90)days prior to the end of the contract year,together with a justification for each proposed rate of price change. City of Fayetteville and Contractor shall negotiate in good faith the amount,if any, in the increase or decrease in the price or rate;provided,however,in no event may any specific unit cost change more than five percent(5%)of the preceding year's value. If the parties are unable to agree on the extension of the contract,then the contract shall terminate at the end of the contract year,subject to the City of Fayetteville's right to unilaterally extend the contract of the same terms and conditions,for a period not to exceed four(4)months to enable the City of Fayetteville time to rebid this document. B. Purchase orders may be issued to the successful bidder for an amount up to an approximate total of$350,000.00 with a contract period not to exceed one (1)year. C. The cost of any change orders will be included in the original contract total, i.e.;they will count against the approximate total of$350,000.00. Payment for work shall be made upon completion and acceptance of the work by the City of Fayetteville. 00500 Agreement 00500-5 DOCUMENT 00500—AGREEMENT (continued) ARTICLE 7- CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site,City and/or Utilites and become familiar with and is satisfied as to the general, local,and Site conditions that may affect • cost,progress,performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state,and local Laws and Regulations that may affect cost,progress,performance,and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition,if any,at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied(or assumes responsibility of having done so)all such additional supplementary examinations, investigations,explorations,tests, studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Site or otherwise which may affect cost,progress,performance,and furnishing of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations,explorations,tests,studies,or data are necessary for the 00500 Agreement 00500-6 DOCUMENT 00500—AGREEMENT (continued) performing and furnishing of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests,studies,and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts,errors, • ambiguities,or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8- CONTRACT DOCUMENTS 8.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended,modified,or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance,Payment,and other Bonds. The Performance and Payment Bond shall be one hundred percent(100%). 00500 Agreement 00500-7 DOCUMENT 00500—AGREEMENT (continued) 4. The Contractor shall file the Performance,Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance,Payment and Warranty Bonds to the Owner or Engineer. 5. General Conditions. 6. Supplementary Conditions. 7. Specifications consisting of divisions and sections as listed in Table of Contents of Project Manual. S 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending,modifying,or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 9- MISCELLANEOUS 9.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 9.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by Law),and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself,his partners, successors,assigns,and legal representatives to the other party hereto, its 00500 Agreement 00500-8 DOCUMENT 00500—AGREEMENT (continued) partners,successors,assigns,and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 9.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville,the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 9.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508)prohibits the filing of any mechanics'of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF,The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts 00500 Agreement 00500-9 DOCUMENT 00500—AGREEMENT (continued) each has been retained by The City of Fayetteville.All portions of the Contract Documents have been signed, initialed,or identified by The City of Fayetteville and Contractor. This Agreement will be effective on April 4 ,2018,which is the Effective Date of the Agreement. CONTRACTOR: CITY OF FAYETTEVILLE By: Laura M. Andreski By: Lioneld Jordan (Type or legibly print) (Type of egibly Lialk (Signature) (Signa Title: Contracting and Attesting Officer Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation,corporate entity or LLC,Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation,corporate entity or LLC,Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation,corporate entity or LLC is in current"Good Standing" onto with the State of Arkansas and such entity is permitted to perform. °alae ey Arkansas. • °FAYETTEVILLE: (SEAL) SEAL) •°> ` s 9'C'KA NSP•Ja`� (04,,c, Attest J.dii/%ice,_A U/i_i/._ Attest ►.I " /l3: tees • Whittney Schulte,Con 4ting and Attesting Officer 00500 Agreement 00500- 10 DOCUMENT 00500—AGREEMENT(continued) Address for giving notices Address for giving notices 17988 Edison Avenue 113 W.Mountain St. Chesterfield,Missouri 63005 Fayetteville,AR 72701 License No. 0072030418 Agent for Service of process Corporation Service Company 300 Spring Street Suite 900 Little Rock,Arkansas 72201 (Type or legibly print) hW1kJ(,Vl,wdI(LJA:1 (Signature)Laura M. Andreski,Contracting and Attesting Officer Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation,corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation,corporate entity Approved As to Form: or LLC,attach evidence of authority to I. - YIl(a sign.) By: Attorney For: 4 END OF DOCUMENT 00500 00500 Agreement 00500- 11 INSITUFORM TECHNOLOGIES,LLC PRESIDENT APPOINTMENT OF OFFICERS Pursuant to the authority set forth in the Limited Liability Company Agreement of Insituform Technologies,LLC(the"Company"), I hereby determine that: 1. Christlanda Adkins, Laura M. Andreski,Janet Hass,Jana Lause, Diane Partridge, Whittney Schulte and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company,each with the authority, individually and in the absence of the others,subject to the control of the Board of Managers of the Company, (i)to certify and to attest the signature of any officer of the Company, (ii)to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company, (iii)to execute and to deliver documents on behalf of the Company,and(iv)to take such action as is or may be necessary and appropriate to carry out the project, activities and work of the Company; and 2. All other Contracting and Attesting Officers of the Company appointed by the President of the Company prior to the date of this appointment are hereby removed from office. Dated: March 8,2018 gre Frank R. Firsching President LIMITED LIABILITY COMPANY AGREEMENT OF INSITUFORM TECHNOLOGIES,LLC THIS LIMITED LIABILITY COMPANY AGREEMENT OF INSITUFORM TECHNOLOGIES,LLC is made this 31st day of December,2011,by Aegion Corporation,a Delaware corporation(the"Member"). RECITALS: A. As of December 31,2011,the Member converted Insituform Technologies,Inc.,a Delaware corporation("Ill"),to INSITUFORM TECHNOLOGIES,LLC,a Delaware limited liability company(the"Company"), in accordance with the Act(as defined below). B. This Agreement(as defined below)is intended to replace the By-Laws of ITI in effect as of the date of this Agreement,which By-Laws are hereby revoked and of no further force or effect. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the undersigned agrees as follows: 1. INCORPORATION OF RECITALS The Recitals set forth above are hereby incorporated in this Agreement,as if fully set forth in the body of this Agreement. 2. DEFINITIONS The following terms,as used in this Agreement,have the meanings set forth in this Section 2: "Act"means the Delaware Limited Liability Company Act,as may be amended from time to time. "Agreement"means this Limited Liability Company Agreement,as it may be amended,restated, modified,or supplemented from time to time in accordance with its provisions. "Board of Managers"means the group of Managers that exercises the powers,and manages the business and affairs,of the Company pursuant to Section 4 of the Agreement. "Certificate"means the Certificate of Formation,as originally filed with the office of the Secretary of State of the State of Delaware effective as of the Effective Time,as the same may be amended from time to time. "Code"means the Internal Revenue Code of 1986,as amended,26 U.S.C.A,et seq.,or any succeeding federal internal revenue law as from time to time in effect. "Effective Time"means 11:58 p.m.CST on December 31,2011. "Manage?'means a manager on the Board of Managers. "Member"has the meaning set forth in the preamble to this Agreement. ITLLC Limited Liability Agreement "Person"means an individual,corporation,limited liability company,association,general partnership, limited partnership,limited liability partnership,joint venture,trust,employee benefit plan, estate,or other entity or organization. 3. THE COMPANY,ITS MEMBER AND THE BUSINESS (a) Formation. The Company was converted from a Delaware corporation to a Delaware limited liability company when the executed Certificate and Certificate of Conversion were filed with the office of the Secretary of State of the State of Delaware in accordance with and pursuant to the Act. Except as provided in this Agreement,all rights, liabilities,and obligations among the Member,the Company and other Persons,shall be as provided in the Act,and this Agreement shall be construed in accordance with the provisions of the Act. To the extent that the rights or obligations of the Member are different by reason of any provision of this Agreement than they would be in the absence of such provision,this Agreement shall,to the extent permitted by the Act,control. (b) Company Name. The name of the Company shall be"Insituform Technologies,LLC". The business of the Company may be conducted under that name or,upon compliance with applicable laws,any other name that the Board of Managers deems appropriate or advisable. The Board of Managers shall file any assumed name certificates and similar filings,and any amendments thereto,that it considers appropriate or advisable. (c) Term of the Company. The term of the Company as a corporation commenced on March 27, 1980. The term of the Company as a limited liability company commenced at the Effective Time and shall continue until the Company is dissolved and its affairs wound up in accordance with the Act and Article 6 of this Agreement. (d) Purposes of the Company. The purpose of the Company shall be to carry on any lawful business,purpose or activity permitted under the Act. (e) Authority of the Company. The Company shall be empowered and authorized to do all lawful acts and things necessary,appropriate,proper,advisable,incidental to,or convenient for the furtherance and accomplishment of its purposes. (f) Principal Office and Other Offices;Registered Agent. The Company's registered agent and the address of its initial registered office in the State of Delaware shall be as set forth in the Certificate. The registered office and registered agent may be changed by the Board of Managers,as it deems advisable from time to time by filing an amendment to the Certificate. The Company may maintain any other offices at any other places that the Board of Managers deems advisable. The Company may,upon compliance with the applicable provisions of the Act,change its principal office or registered agent from time to time at the discretion of the Member. (g) Foreign Qualification. The Company shall take all necessary actions to be authorized to conduct business legally in all appropriate jurisdictions, including registration or qualification of the Company as a foreign limited liability company in those jurisdictions that provide for such registration or qualification. (h) Fiscal Year. The fiscal year of the Company shall begin on the first day of January in each year. -2- ITLLC Limited Liability Agreement 4. ISSUANCE OF COMMON SHARES (a) The membership interests of the Company authorized for issuance shall be common shares("Common Shares"),having the designations,preferences and relative, participating,optional and other special rights,powers and duties relating to the Common Shares authorized for issuance pursuant to this Section 4. A total of one thousand(1,000)Common Shares,par value$0.01 per share,are hereby authorized for issuance. (b) The holders of Common Shares shall be entitled to one vote per Common Share on matters submitted to a vote or consent of the Members. Each Common Share shall be identical in all respects with each other Common Share. (c) All common shares of 111 outstanding as of the date of this Agreement are hereby automatically converted into Common Shares of the Company. The Member acknowledges that as of the date of this Agreement,one(I)Common Share is outstanding in the name of the Member. 5. CASH DISTRIBUTIONS;ALLOCATIONS OF PROFITS AND LOSSES (a) Distributions. All cash of the Company available for distribution shall be distributed to the Member at such times and in such amounts as the Board of Managers shall determine. (b) Allocations of Profits and Losses. All profits and losses of the Company shall be allocated to the Member. 6. RIGHTS AND POWERS OF TILE BOARD OF MANAGERS AND OFFICERS (a) Management by the Board of Managers. Except for situations in which the approval of the Member is required by this Agreement or by non-waivable provisions of the Act,(i)the powers of the Company shall be exercised by or under the authority of,and the business and affairs of the Company shall be managed under the direction of,the Board of Managers;and(ii)the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Agreement. (b) Actions by Board of Managers. In managing the business and affairs of the Company and exercising its powers granted hereunder,the Board of Managers may act through meetings or written consents pursuant to this Section 6. Any Person dealing with the Company,other than the Member,may rely on the authority of a Manager or any duly appointed officer of the Company in taking any action in the name of the Company without inquiry into the provisions of this Agreement or compliance herewith, regardless of whether that action actually is taken in accordance with the provisions of this Agreement. The Member,by execution of this Agreement,agrees to,consents to,and acknowledges the delegation of powers and authority to the Board of Managers granted hereunder,and to the actions and decisions of the Board of Managers within the scope of their authority as provided herein. (c) Number and Term of Office. The Board of Managers shall consist of three Managers. Each Manager shall serve until his or her successor is duly elected or until his or her resignation,removal or death. (d) Vacancies;Removal;Resignation. Any Manager may be removed at any time,with or without cause,but only by the Member. In the event that any Manager ceases to serve as a Manager during his term of office,the resulting vacancy shall be filled by the Member. Any Manager may resign his or her office at any time. -3 - ITLLC Limited Liability Agreement i (e) Meetings. (i) The attendance of all the Managers shall constitute a quorum for the transaction of business of the Board of Managers,and the act of a majority of the Managers shall be necessary to be the act of the Board of Managers. A Manager who is present at a meeting of the Board of Managers at which action on any Company matter is taken shall be presumed to have assented to the action unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file a written dissent to such action with the Person acting as secretary of the meeting before the adjournment thereof or shall deliver such dissent to the Company immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Manager who voted in favor of such action. (ii) Meetings of the Board of Managers may be held at such place or places as shall be determined from time to time by resolution of the Board of Managers. At all meetings of the Board of Managers,business shall be transacted in such order as shall from time to time be determined by resolution of the Board of Managers. (iii) Regular meetings of the Board of Managers shall be held at such times and places as shall be designated from time to time by resolution of the Board of Managers,but shall not be held less frequently than quarterly. Notice of such meetings shall not be required. (iv) Special meetings of the Board of Managers may be called by the President or any Manager on at least ten(10)days'notice to each Manager. Such notice need not state the purpose or purposes of,or the business to be transacted at,such meeting,except as may otherwise be required by law or provided for in this Agreement. (f) Approval or Ratification of Acts or Contracts by Members. The Board of Managers in their discretion may submit any act or contract for approval or ratification at any annual or special meeting of the Members. (g) Action by Managers by Written Consent or Telephone Conference. Any action permitted or required by the Act,the Certificate or this Agreement to be taken at a meeting of the Board of Managers may be taken without a meeting if a written consent,setting forth the action to be taken, is signed by all of the Managers. Such consent shall have the same force and effect as a vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Board of Managers. Subject to the requirements of the Act,the Certificate or this Agreement for notice of meetings,unless otherwise restricted by the Certificate,the Managers may participate in and hold a meeting of the Board of Managers by means of a conference telephone or similar communications equipment by means of which all Persons participating in the meeting can hear each other,and participation in such meeting shall constitute attendance and presence in person at such meeting,except where a Person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. (h) Officers. (i) Election and Removal of Officers. The officers of the Company shall be the President,one or more Vice Presidents,a Secretary,and a Treasurer,each of whom shall be elected by the Board of Managers. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board of Managers. Any two(2)or more offices may be held by the same person. Each officer shall hold office until his or her successor shall have been duly elected and shall have qualified or until his or her death or until he or she shall resign or shall have been removed in the manner hereinafter provided. Any officer,agent,or other employee elected or appointed by the Board of -4 - ITLLC Limited Liability Agreement Managers may be removed by the Board of Managers,with or without cause,whenever in the Board of Manager's judgment the best interests of the Company will be served thereby,but such removal shall be without prejudice to the contract rights, if any,of the person so removed. Election or appointment of an officer or agent shall not of itself create contract rights. (ii) Vacancies. A vacancy in any office because of death,incapacity,resignation, removal,disqualification orotherwise,may be filled by the Board of Managers. (iii) President. The President shall be the principal executive officer of the Company and shall in general supervise and control all of the business and affairs of the Company. The President may sign any deeds,mortgages,bonds,contracts,or other instruments which the Board of Managers has authorized to be executed,except in cases where the signing and execution thereof shall be expressly delegated by the Board of Managers or by this Agreement to some other officer or agent of the Company, or shall be required by law to be otherwise signed or executed. The President shall in general perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Managers from time to time. (iv) Vice President. Each Vice President shall perform such duties as shall be assigned to him or her and shall exercise such powers as may be granted to him or her by the Board of Managers or the President of the Company. (v) Secretary. The Secretary shall(A)keep the minutes of the proceedings of the Member and of the Board of Managers in one or more books provided for that purpose;(B)see that all notices are duly given in accordance with the provisions of this Agreement or as required by law;(C)be custodian of the Company records;(D)keep a register of the post office address of the Member which shall be furnished to the Secretary by such Member,and(E) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or by the Board of Managers. (vi) Treasurer. The Treasurer shall: (A)have charge and custody of and be responsible for all funds of the Company;(B)receive and give receipts for moneys due and payable to the Company from any source whatsoever,and deposit all such moneys in the name of the Company in such banks,trust companies or other depositories as shall be selected by the Board of Managers;and(C)in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to the Treasurer by the President or by the Board of Managers. (vii) Appointments by the President. The President of the Company may from time to time appoint officers of the Company's operating divisions,and such contracting and attesting officers of the Company as the President may deem proper,who shall have such authority,subject to the control of the Board of Managers,as the President may from time to time prescribe. (i) Limitation of Liability of the Member. The debts,obligations and liabilities of the Company,whether arising in contract,tort,or otherwise,shall be solely the debts,obligations and liabilities of the Company. The Member shall not be obligated personally for any such debt,obligation, or liability of the Company solely by reason of being the Member,except and only to the extent as otherwise expressly required by law. (j) Conflicts of Interest. A Manager,the Member and officers of the Company at any time and from time to time may engage in and possess interests in other business ventures of any and every type and description,independently or with others,with no obligation to offer to the Company or any other Member,Manager or officer the right to participate therein. The Company may transact business -5 - rrLLC Limited Liability Agreement • with any Manager,Member,officer or affiliate thereof,provided the terms of those transactions are no less favorable than those the Company could obtain from unrelated third parties. 7. ASSIGNMENT,TRANSFER,OR SALE OF INTERESTS IN THE COMPANY The Member may sell,assign,pledge,or otherwise encumber or transfer all or any part of its limited liability company interest in the Company to any Person. The Member may resign as a Member of the Company upon the transfer of all of its limited liability company interests in the Company to any Person. Upon the transfer of any limited liability company interests of any Member to any other Person, such Person shall automatically and without any other action by the Company or any Member,be admitted as a Member of the Company. 8. DISSOLUTION AND TERMINATION OF THE COMPANY (a) Events of Dissolution. The Company shall dissolve upon the earlier to occur of: (i) an election to dissolve the Company made by the Member;or (ii) the happening of any event that,under the Act,causes the dissolution of a limited liability company. (b) Actions on Dissolution. Upon the dissolution of the Company,the Board of Managers shall act as liquidator to wind up the Company. The proceeds of liquidation shall be applied first to the payment of the debts and liabilities of the Company(including any loans to the Company made by the Member),the expenses of liquidation and the establishment of any reserves that the liquidator deems necessary for potential or contingent liabilities of the Company. Remaining proceeds shall be distributed to the Member as provided in Section 5(a). When all debts,liabilities and obligations have been paid and discharged or adequate provisions have been made therefor and all of the remaining property and assets have been distributed to the Member,the Board of Managers shall file a certificate of cancellation as required by the Act. Upon filing the certificate of cancellation,the existence of the Company shall cease, except as otherwise provided in the Act. 9. BOOKS,RECORDS,AND RETURNS (a) Books of Account and Records. A copy of this Agreement and any other records required to be maintained by the Act shall be maintained at the principal office of the Company. All such books and records shall be available for inspection and copying by the Member or its duly authorized representatives during ordinary business hours. The Company shall keep accurate books and records of the operation of the Company which shall reflect all transactions and be appropriate and adequate for the Company's business and for carrying out the provisions of this Agreement. (b) Deposit of Company Funds. All revenues,assessments,loan proceeds and other receipts of the Company will be maintained on deposit in interest-bearing and non-interest bearing accounts and other investments as the Board of Managers deems appropriate. 10. INDEMNIFICATION The Company will indemnify and hold harmless each Manager and each officer of the Company from and against any loss,expense,damage,or injury suffered or sustained by any of them by reason of any acts,errors in judgment,omissions,or alleged acts or omissions related to the business of the Company to the fullest extent allowed by law. The Company's duty to indemnify will include any judgment,award, settlement,reasonable legal fees,and other costs and expenses related to the defense of any actual or -6- ITLLC Limited Liability Agreement threatened action,proceeding,or claim and including any payments made by any Manager or any officer,or by reason of any disallowance by any taxing authority of any deduction taken on any Company tax return. The Company shall advance to each Manager or officer any legal expenses required to defend any such claim upon receipt of a written undertaking by or on behalf of such Manager or officer to repay such amounts if it shall ultimately be determined that such Manager or officer is not entitled to be indemnified therefor by the Company. 11. COMPANY SEAL The Board of Managers may provide a company seal,which shall be in circular form and shall have inscribed thereon the name of the Company,the state of formation,the original year of incorporation and the words"Company Seal". 12. MISCELLANEOUS (a) Captions. All section or paragraph captions contained in this Agreement are for convenience only and shall not be deemed part of this Agreement. (b) Pronouns,Singular and Plural Form. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine and neuter as the identity of the Person or Persons referred to may require,and all words shall include the singular or plural as the context or the identity of Persons may require. (c) Agreement Binding. This Agreement shall be binding upon the successors and assigns of the Member. (d) Governing Law. This Agreement shall be governed,construed,and enforced in accordance with the laws of the State of Delaware(without regard to the choice of law provisions thereof). (e) No Third-Party Beneficiaries. This Agreement is not intended to,and shall not be construed to,create any right enforceable by any Person not a party hereto,including any creditor of the Company or of the Member. IN WITNESS WHEREOF,the undersigned has executed this Agreement to be effective as of the date first written above. AEGION RPORATION By: Y �� David A.Martin, Senior Vice President&Chief Financial Officer -7- ITLLC Limited Liability Agreement SECRET 4.14,,f;, 7,,,,,, Arkansas Secretary of State aW r � . y Mark Martin r�• rl y State Capitol Building •Little Rock,Arkansas 72201-1094 •501-682-3409�$xnNSA Certificate of Good Standing I,Mark Martin, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show INSITUFORM TECHNOLOGIES, LLC formed under the laws of the state of Delaware, and authorized to transact business in the State of Arkansas as a Foreign For Profit Corporation,was granted a Application for Certificate of Authority by this office January 19, 2012. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. CSCfizz, Gi..rf In Testimony Whereof,I have hereunto set my hand At recatriy,l, fir.f.o Y ., and affixed my official Seal. Done at my office in the - „rt t4 City of Little Rock, this 22nd day of June 2017. ANJ IL1t lG Ptahtlk. Mark Martin Secretary of State Online Certificate Authorization Code: 92332d6a4febif! To verify the Authorization Code,visit sos.arkansas.gov DOCUMENT 00550—NOTICE TO PROCEED Note: The following Notice To Proceed Document will be completed after Contract Award. TO: • Contract Name/Title: 2018 Sanitary Sewer Cured In Place Pipe, Bid 18-22, Construction. Owner: City of Fayetteville,Arkansas You are notified that the Contract Time(s)under the above Contract will commence to run on_By that date,you are to start performing your obligations under the Contract Documents. In accordance with the Agreement between Owner and Contractor,the date(s)of Substantial Completion and final completion ready for final payment are and respectively. Before you may start any work at the Site,the General Conditions provide that you and Owner must each deliver to the other,(with copies to Engineer and other identified additional insureds)certificates of insurance, which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any work at the Site,you must submit the following: 1. Acknowledgment of the Work plan. 2. Construction progress schedule. 3. Schedule of any remaining Submittals. 4. Satisfactory evidence of insurance in accordance with the requirements of the General Conditions. 5. Maintenance of Traffic as specified. • You are required to return an acknowledgement copy of this Notice to Proceed to the Owner. Dated City of Fayetteville 00550 Notice to Proceed 00550-1 DOCUMENT 00550 -NOTICE TO PROCEED: (continued) By(signature) (Type or print) ACCEPTANCE OF NOTICE TO PROCEED Contractor By(signature) (Type or print) Title Date ,20 Copy to Engineer (Use Certified Mail Return Receipt Requested,or hand deliver) END OF DOCUMENT 00550 • 00550 Notice to Proceed 00550-2 H II H III IIII III II I 111111 III IIIIIHIIHIIIII Doc ID: 017956990012 Type: LIE Kind: PERFORMANCE BOND Bond No. 106869011(Revised) Recorded: 04/12/2018 at 08:08:39 AM Fee Amt: $70.00 Page 1 of 12 DOCUMENT 00610—PERFORMANCE BOND: Washington County, AR Kyle Sylvester Circuit Clerk KNOW ALL MEN BY THESE PRESENTS: that File B035-00000256 Insituform Technologies, LLC 17988 Edison Avenue,Chesterfield, MO 63005 as Principal,hereinafter called Contractor,and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 as Surety,hereinafter called Surety,are held and firmly bound unto City of Fayetteville,Arkansas 113 West Mountain Street Fayetteville,Arkansas 72701 as Obligee,hereinafter called Owner,in the amount of $248,501.00,for the payment whereof Contractor (Two Hundred Forty Eight Thousand FiveHundred One&00/100 Dollars) jointly Surety bind themselves,their heirs,executors,administrators,successors and assigns, and severally,firmly by these presents. WHEREAS,Contractor has by written Agreement dated April 4 ,2018,entered into a contract with Owner for 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22,Construction which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations,thereunder,the Surety may promptly remedy the default,or shall promptly: A. Complete the Contract in accordance with its terms and conditions,or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, 00610 Performance Bond 00610—1 DOCUMENT 00610—PERFORMANCE BOND: (continued) arrange for a contract between such bidder and Owner,and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators,or successors of the Owner. Signed and sealed this 4 day of April 2018. CONTRACTOR (CORPORATE SEAL). Insituform Technologies. LLC (Type or legibly print) By: Laura Andreski, Contracting&Attesting Officer (Type or legibly print) • (Signature) SURETY COUNTERSIGNED: Resident Agent Travelers Casualty and Surety State of Arkansas Regions Insurance,Inc. Company of America 1500 Riverfront Drive,Little Rock,AR 72202 (Type or legibly print) (Type or legibly print) By Andrew P.Thome,Attorney-in-Fact By Mary Katherine Swan (Type or legibly print) (Type or legibly print) 00610 Performance Bond 00610—2 DOCUMENT 00610-PERFORMANCE BOND: (continued) 2111,nd 1A0Ctuua\NSP-4,-- (Signature) (Signature) ATTORNEY-IN-FACT (CORPORATE SEAL) • (Type or legibly print) (Signature) (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) Approved as to Form: (Type or legibly print) (Signature) Attorney for (Type or legibly print) END OF DOCUMENT 00610 00610 Performance Bond 00610—3 Bond No. 106869011 (Revised) DOCUMENT 00611 —LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Insituform Technologies, LLC 17988 Edison Avenue,Chesterfield, MO 63005 as Principal,hereinafter called Contractor,and Travelers Casualty and Surety Company of America One Tower Square, Hartford,CT 06183 as Surety,hereinafter called Surety,are held and firmly bound unto City of Fayetteville,Arkansas 113 West Motintain Street Fayetteville,Arkansas 72701 as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of$*248,501.00 ,for the payment whereof Principal and Surety bind themselves,their heirs, executors, administrators,successors and assigns,jointly and severally firmly by these presents. *(Two Hundred Forty Eight Thousand Five Hundred One&00/100 Dollars) WHEREAS,Contractor has by written Agreement dated April 4 ,2018,entered into a contract with Owner for: 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22,Construction which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however,to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a • Subcontractor of the Contractor for labor,material,or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil, gasoline,telephone service,or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this Bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly 00611-Labor&Matl Payment Bond 00611 —1 • DOCUMENT 00611 —LABOR AND MATERIAL PAYMENT BOND: (continued) due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant other than one having a direct contract with Principal,shall have given written notice to any two of the following: the Contractor,the Owner,or the Surety within 90 days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid,in an envelope addressed to Contractor,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process maybe served in the state in which the aforesaid Project is located,save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract,it being understood,however,that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof,such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof,is situated, or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this 4 day of April 2018. CONTRACTOR (CORPORATE SEAL) Insituform Technologies, LLC (Type or legibly print) • By: Laura Andreski,Contracting&Attesting Officer (Typ:r or legibly print) 1, 0 (Signature) 00611-Labor&Matl Payment Bond 00611 —2 • DOCUMENT 00611—LABOR AND MATERIAL PAYMENT BOND: (continued) SURETY COUNTERSIGNED: Resident Agent Travelers Casualty and Surety Regions InsurancesInc. Company of America 1500 Riverfront Drive,Little Rock,AR 72202 (Type or legibly print) (Type or legibly print) By Andrew P.Thome,Attorney-in-Fact By Mary Katherine Swan (Type or legibly pri ) (T oLtegibly p nt) --(Signature) (Si ature) _. ATTORNEY-IN-FACT (CORPORATE SEAL) (Type or legibly print) (Signature) (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) Approved as to Form: (Type or legibly print) (Signature) Attorney for (Type or legibly print) END OF DOCUMENT 00611 00611-Labor&Matl Payment Bond 00611—3 State of Missouri County of St. Louis On 4/4/2018 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Andrew P. Thome known to be the Attorney-In-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. AMANDA L WILLIAMS ► Notary Public—Notary Seal ► 4 State of Missouri,St.Louis County ► Commission#13507257 ► My Commission Exp Commission Expires July 24,2021 ► /��� �' V`' ^C�yUC�V/ vU Amanda L. Williams, Notary Public Travelers Casualty and Surety Company of America = Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Andrew P.Thome,of Chesterfield,Missouri,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. Vnwadi „iv A.° JI * State of Connecticut By: City of Hartford ss. Robert L.Raney,Sefit"or Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. .TET ket My Commission expires the 30th day of June,2021OJV 1+. :� * ,► Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;.and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 4day of April 2018 IHNITC75ti ;Cr E. OWL f s Kevin E.Hughes,Assi tent Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-mined Attorney-in-Pact and the details of the bond to which the power is attached. • AcoRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/1/2018 3/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies NAME: Three City Place Drive,Suite 900 PHONE FAX St.Louis MO 63141-7081 INC.ILo.Ext): (ac,No): (314)432-0500 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Greenwich Insurance Company 22322 INSUREDInsituform Technologies,LLC INSURER B:ACE American Insurance Company 22667 1347996 17988 Edison Avenue INSURER c:Indemnity Insurance Co of North America 43575 Chesterfield MO 63005 INSURER D:Starr Indemnity&Liability Company 38318 INSURER E: INSURER F: COVERAGES INSTE02 CERTIFICATE NUMBER: 15268923 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL S LTR TYPE OF INSURANCE NW SD VD POLICY NUMBER M/POLICY EFF POLICY EXP IMM/DDlYYY`n {MDD/YYVI) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CGD300084902 7/1/2017 7/1/2018 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 1,000,000 A X Independt Contractor BROAD FORM PD/CONTRACTUAL MED EXP(Any one person) $ 10,000 X XCU PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: B AUTOMOBILE LIABILITY y y ISAH09060947 7/1/2017 7/1/2018 (EOacclidentSINGLE LIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED AUTOS ONLY _ AUTOS SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX _ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ XXXXXXX $ XXXXXXX D UMBRELLA LIAB X OCCUR Y Y 1000095154171 7/1/2017 7/1/2018 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION — PER OTH- B AND EMPLOYERS'LIABILITY Y WLRC64413272(CA/MA) 7/1/2017 7/1/2018 STATUTE ER CANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLRC64413284 AOS 7/1/2017 7/1/2018 E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N N/A (EXCLUDING MONOPOLISTIC' (Myandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) 2018 SANITARY SEWER CURED IN PLACE PIPE;JOB NUMBER: 18-22,CONSTRUCTION.CITY OF FAYETTEVILLE IS ADDITIONAL INSURED UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY,AND UMBRELLA LIABILITY AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY,UMBRELLA LIABILITY AND WORKERS'COMPENSATION WHERE PERMISSIBLE BY LAW AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION See Attachments 15268923 CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PURCHASING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 WEST MOUNTAIN;ROOM 306 ACCORDANCE WITH THE POLICY PROVISIONS. FAYETTEVILLE AR 72701 AUTHORIZED REPRESENTA ©1988-2 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • Attachment Code:D544456 Certificate ID: 15268923 ENDORSEMENT# This endorsement, effective 12:01 a.m., 7/1/2017, forms a part of Policy No. CGD300084902 issued to AEGION CORPORATION By Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH 30 THE COMPANY. All other terms and conditions of the Policy remain unchanged. • 'XI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. • Attachment Code:D543763 Certificate ID: 15268923 NOTICE TO OTHERS ENDORSEMENT SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Aeglon Corporation Endorsement Number 54 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H09060947 7/1/2017T0 7/1/2018 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration dale by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations.This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s)or organization(s)named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s)or organization(s)shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will In turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply In the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. • Authorized Representative • ALL-32686(01/11) Page 1 of 1 Attachment Code:D544740 Certificate 1D: 15268923 Workers'Compensation and Employers' Liability Policy Named Insured EndorsementNumber AEGION CORPORATION 17988 EDISON AVENUE CHESTERFIELD MO 63005 Policy Number Symbol: WLR Number: C64413284 PolicyPeriod Effective Date of Endorsement 7/1/2017 TO 7/1/2018 7/1/2017 IssuedBy(Name of InsuranceCompany) Indemnity Insurance Co of North America Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement,to send written notice of cancellation,to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s)or organization(s) named in the Schedule in the event of a pending cancellation of coverage.We have no legal obligation of any kind to any such person(s)or organization(s). The failure to provide advance notification of cancellation to the person(s)or organization(s)shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives,will not extend any Policy cancellation date • and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI. Authorized Representative WC 99 03 69 (01/11) Page 1 of 1 ^L XL CATLIN Owner's Contractors Protective Binder POLICY PERIOD: 03/14/18-07/01/18 NAMED INSURED(S): City of Fayetteville 113 West Mountain; Room 306 Fayetteville, AR 72701 DESIGANTED CONTRCTOR: Insituform Technologies USA, LLC 17988 Edison Ave Chesterfield, MO 63005 CARRIER and POLICY FORM: Greenwich Insurance Company ISO Occurrence Form CG 00 09 04 13 Owners and Contractors Protective Liability Coverage Form COVERAGES and LIMITS General Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 PAYMENT TERMS: Due in full at inception OCP ENDORSEMENTS Form Number/ Title Fill In Wording Edition Date OCPD 1 02 03 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART DEC XAI 000 0715 COMMERCIAL LINES POLICY—COMMON POLICY DECLARATIONS XAI 300 10 06 FORMS SCHEDULE IL MP 9104 0314 IN WITNESS—GREENWICH INSURANCE COMPANY GIC IL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT CG 00 09 04 13 OWNERS AND CONTRACTORS PROTECTTIVE LIABILITY COVERAGE FORM 0 COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 20 31 04 13 ADDITIONAL INSURED—ENGINEERS,ARCHICTERS OR SURVEYORS CG 21 73 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CG 29 51 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 31 31 12 04 FUNGI OR BACTERIA EXCLUSION 4 A XL CATLIN CG 33 70 03 05 SILICA OR SILICA-RELATED DUST EXCLUSION • XIL 401 0605 ASBESTOS EXCLUSION XIL 402 0605 RADIOACTIVE MATTER EXCLUSION XIL 429 0605 LEAD EXCLUSION CG 33 53 05 14 EXCLUSION—ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA- RELATED LIABILITY—WITH LIMITED BODILY INJURY EXCEPTION This is not a complete list of the mandatory state endorsements that may be attached to this policy. The entire list of mandatory state endorsements which may apply is too voluminous to state within this quote letter. Also, Please note edition dates can vary based on state compliance rules and regulations. If they do in fact vary,the policy will be issued with the compliant edition dates PROGRAM TERMS AND CONDITIONS 1. PROGRAM AGREEMENT If this program includes an Insurance Program Agreement(attached). The Insurance Program Agreement must be executed by the Insured and returned to the XL Catlin Underwriter within fifteen (15)days of the inception date of coverage. 2. MATERIAL CHANGE If the underlying exposures change significantly due to any material change, including but not limited to acquisition, divestiture, plant closings or layoffs, increasing or decreasing the payroll by greater than 35%, then XL Catlin retains the right to re-determine the initial rates and collect the appropriate additional amount due. 3. PREMIUM TAXES, SURCHARGES AND ASSESSMENTS Premium taxes, surcharges, and assessments are attributable to the policies issued to the Insured. The Insured is responsible for any additional amount which may become due because of a recalculation of the amount attributable to the policies or state reinterpretation of the applicable law or regulation or any other additional tax or assessment liability imposed by any state. 4. PAYMENT TERMS All payments due under this program are payable as indicated in the Summary of Program Installments section of this proposal. Upon acceptance of this proposal, policy numbers and issuing carriers will be provided. Please refer to the Summary of Program Installments section for wire transfer payment information. 5. COUNTERSIGNATURE Any countersignature fees will be payable by the Producer. 5 • DOCUMENT 00610—PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor,and • as Surety, hereinafter called Surety,are held and firmly bound unto City of Fayetteville,Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee,hereinafter called Owner, in the amount of $ , for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,Contractor has by written Agreement dated _ ,2018,entered into a contract with Owner for • 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22,Construction which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations,thereunder,the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions,or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder,or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, • 00610 Performance Bond 00610— 1 DOCUMENT 00610—PERFORMANCE BOND: (continued) arrange for a contract between such bidder and Owner, and make available as Work progresses(even.though there should be a default or a.succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators,or successors of the Owner. Signed and sealed this day of 2018. CONTRACTOR (CORPORATE SEAL) (Type or legibly print) By: (Type or legibly print) (Signature) SURETY COUNTERSIGNED: Resident Agent State of Arkansas (Type or legibly print) (Type or legibly print) By By (Type or legibly print) (Type or legibly print) 00610 Performance Bond 00610—2 DOCUMENT 00610—PERFORMANCE BOND: (continued) (Signature) (Signature) ATTORNEY-IN-FACT (CORPORATE SEAL) (Type or legibly print) (Signature) (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) Approved as to Form: (Type or legibly print) (Signature) Attorney for (Type or legibly print) END OF DOCUMENT 00610 00610 Performance Bond 00610—3 DOCUMENT 00611 —LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville,Arkansas 113 West Mountain Street Fayetteville,Arkansas 72701 as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined, in the amount of$ ,for the payment whereof Principal and Surety bind themselves,their heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,Contractor has by written Agreement dated ,2018, entered into a contract with Owner for : 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22,Construction which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however,to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material,or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water,gas, power, light,heat,oil,gasoline,telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this Bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly 00611-Labor&Matl Payment Bond 00611 — 1 DOCUMENT 00611 —LABOR AND MATERIAL PAYMENT BOND: (continued) due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant other than one having a direct contract with Principal,shall have given written notice to any two of the following: the Contractor,the Owner,or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor,Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however,that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof,such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof, is situated, or in the United States District Court for the district in which the Project,or any part thereof, is situated,and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this day of 2018. CONTRACTOR (CORPORATE SEAL) (Type or legibly print) By: (Type or legibly print) (Signature) • 00611-Labor&Matl Payment Bond 00611 —2 DOCUMENT 00611 —LABOR AND MATERIAL PAYMENT BOND: (continued) SURETY COUNTERSIGNED: Resident Agent State of Arkansas (Type or legibly print) (Type or legibly print) By By (Type or legibly print) (Type or legibly print) (Signature) (Signature) ATTORNEY-IN-FACT (CORPORATE SEAL) (Type or legibly print) (Signature) (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) Approved as to Form: (Type or legibly print) (Signature) Attorney for (Type or legibly print) END OF DOCUMENT 00611 00611-Labor& Mati Payment Bond 00611 —3 DOCUMENT 00640 -WARRANTY BOND: We, , as principal ("Principal"),and_ as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayetteville for the payment of Dollars ($ ), subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with City of Fayetteville for 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22, Construction dated , 2018(the"Contract"),the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to City of • Fayetteville in compliance with the General Conditions — VERIFY annual maintenance bon for annual program. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Article 29 of the General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein (the "Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or(b) City of Fayetteville shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three(3)months following the end of the Warranty Period. FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by City of Fayetteville of any extension of time for the performance of the Contract, or any other forbearance on the part of either City of Fayetteville or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, City of Fayetteville and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations. 00640 Warranty Bond 00640-1 Date of project final completion is The bond shall be 25% of the final project value and shall effective for a period of two years. Executed on the day of 20 By (Type or legibly print) (Signature) SEAL Witness: (Type or legibly print) (Signature) Attest: SEAL (Type or legibly print) (Signature) Surety END OF SECTION 00640 00640 Warranty Bond 00640-2 • DOCUMENT 00700—GENERAL CONDITIONS: TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1 1.01 CONTRACT DOCUMENTS: 1 1.02 DEFINITIONS: 1 1.03 TERMINOLOGY: 5 ARTICLE 2 - PRELIMINARY MATTERS 5 2.01 DELIVERY OF BONDS• 5 2.02 COPIES OF DOCUMENTS• 5 2.03 COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED: 5 2.04 STARTING THE PROJECT: 6 2.05 BEFORE STARTING CONSTRUCTION: 6 2.06 PRECONSTRUCTION CONFERENCE: 6 2.07 FINALIZING SCHEDULES• 6 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 6 3.01 INTENT: 6 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS• 8 3.03 OWNERSHIP AND REUSE OF DOCUMENTS• 8 ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 8 • 4.01 AVAILABILITY OF LANDS• 8 4.02 UNFORESEEN SUBSURFACE CONDITIONS: 8 4.03 PHYSICAL CONDITIONS- UNDERGROUND FACILITIES: 9 4.04 REFERENCE POINTS: 10 4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE,OR RADIOACTIVE MATERIAL• • 10 ARTICLE 5 - BONDS AND INSURANCE 11 5.01 PERFORMANCE AND OTHER BONDS: 11 5.02 INSURANCE: 12 00700 General Conditions 00700 TOC— 1 DOCUMENT 00700—GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 17 6.01 SUPERVISION AND SUPERINTENDENCE: 17 6.02 LABOR, EQUIPMENT,AND MATERIALS: 18 6.03 ADJUSTING PROGRESS SCHEDULE: 19 6.04 SUBSTITUTES OR"OR-EQUAL" ITEMS• 19 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS: 21 6.06 PATENT FEES AND ROYALTIES: 21 • 6.07 PERMITS: 22 6.08 LAWS AND REGULATIONS: 22 6.09 TAXES: 22 6.10 USE OF PREMISES• 22 6.11 RECORD DOCUMENTS: 23 6.12 SAFETY AND PROTECTION• ' 23 6.13 EMERGENCIES: 24 6.14 SUBMITTALS: 24 6.15 CONTINUING THE WORK: 25 6.16 INDEMNIFICATION: 26 ARTICLE 7 - OTHER WORK 26 7.01 'RELATED WORK AT SITE: 26 7.02 COORDINATION• 27 ARTICLE 8 - OWNER'S RESPONSIBILITIES 27 8.01 COMMUNICATIONS: 27 8.02 CHANGE OF ENGINEER • 27 8.03 REQUIRED DATA: 28 8.04 LANDS AND EASEMENTS: 28 8.05 INSURANCE: 28 8.06 CHANGE ORDERS: 28 8.07 INSPECTIONS AND TESTS: 28 8.08 STOPPING THE WORK: 28 8.09 • LIMITATIONS ON OWNER'S RESPONSIBILITIES• 28 00700 General Conditions 00700 TOC—2 DOCUMENT 00700—GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 28 9.01 OWNER'S REPRESENTATIVE• 28 9.02 VISITS TO SITE: 29 9.03 PROJECT REPRESENTATION• 29 9.04 CLARIFICATIONS AND INTERPRETATIONS: 29 9.05 AUTHORIZED VARIATIONS IN WORK: 29 9.06 REJECTING DEFECTIVE WORK: 29 9.07 SUBMITTALS,CHANGE ORDERS,AND PAYMENTS• 30 9.08 DETERMINATIONS FOR UNIT PRICES: 30 9.09 DECISIONS ON DISPUTES: 30 1 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: 31 ARTICLE 10- CHANGES IN THE WORK 32 10.01 GENERAL• 32 ARTICLE 11 - CHANGE OF CONTRACT PRICE 32 11.01 GENERAL• 32 11.02 COST OF THE WORK: 33 11.03 CONTRACTOR'S FEE• 35 11.04 CASH ALLOWANCES: 36 11.05 UNIT PRICE WORK: 36 11.06 RIGHT OF AUDIT• 37 ARTICLE 12 - CHANGE OF CONTRACT TIMES 37 12.01 GENERAL• 37 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION,REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 38 13.01 WARRANTY AND GUARANTEE: 38 13.02 ACCESS TO THE WORK: 39 13.03 TESTS AND INSPECTIONS: 39 13.04 DEFECTIVE WORK: 40 13.05 UNCOVERING WORK• 40 00700 General Conditions 00700 TOC—3 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) 13.06 OWNER MAY STOP THE WORK- 40 13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK• 40 13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD: 41 13.09 ACCEPTANCE OF DEFECTIVE WORK: • 41 13.10 OWNER MAY CORRECT DEFECTIVE WORK: 41 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 42 14.01 SCHEDULE OF VALUES. 42 14.02 APPLICATION FOR PROGRESS PAYMENT: 42 14.03 CONTRACTOR'S WARRANTY OF TITLE: '43 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: 43 14.05 SUBSTANTIAL COMPLETION: 44 14.06 PARTIAL UTILIZATION: 45 14.07 FINAL INSPECTION: 46 14.08 FINAL APPLICATION FOR PAYMENT: 46 14.09 FINAL PAYMENT AND ACCEPTANCE 47 14.10 CONTRACTOR'S CONTINUING OBLIGATION: 47 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute: 48 14.12 INTEREST: NOT APPLICABLE. 48 ARTICLE 15- SUSPENSION OF WORK AND TERMINATION 48 15.01 OWNER MAY SUSPEND WORK: 48 15.02 OWNER MAY TERMINATE: 48 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: 49 • ARTICLE 16- RESOLUTION OF DISPUTES 50 16.01 RESOLUTION OF CLAIMS AND DISPUTES 50 ARTICLE 17- MISCELLANEOUS 50 17.01 GIVING NOTICE: 50 17.02 COMPUTATION OF TIME: 51 17.03 CLAIMS,CUMULATIVE REMEDIES: 51 00700 General Conditions 00700 TOC—4 DOCUMENT 00700—GENERAL CONDITIONS: This document is based upon Engineers Joint Contract Documents Committee"Standard General Conditions of the Construction Contract,"with modifications. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY • 1.01 CONTRACT DOCUMENTS: 1. The Contract Documents establish the rights and obligations of the parties and shall consist of the documents listed in DOCUMENT 00500, AGREEMENT. B. Reports and drawings of subsurface and physical conditions and approved Submittals by Contractor are not Contract Documents. C. Only printed or hard copies of items listed in subparagraph 1.01A are Contract Documents. Files in electronic media format of text,data,graphics,and the like that may be furnished by Owner to Contractor are not Contract Documents. 1.02 DEFINITIONS: A. Wherever used in these General Conditions or elsewhere in the Contract Documents, the following terms have the meanings indicated below, which are applicable to both the singular and plural thereof: 1. "Addenda"-written or graphic changes or interpretations of the Contract Documents issued by Owner prior to the opening of Bids. 2. "Agreement"-the written agreement between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 3. "Application for Payment"-the form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress and final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. "Asbestos"-any material that contains more than 1%asbestos and is friable or is releasing asbestos fibers into the'air above current action levels established by the United States Occupational Safety and Health Administration. 5. "Bid"-the formal offer of the Bidder submitted on the prescribed Bid Form. together with the required Bid security and all information submitted with the Bid that pertains to performance of the Work. 6. "Bidder"-any person,firm,or corporation submitting a Bid for the Work or their duly authorized representatives. 7. "Change Order"-a written document signed by Owner and Engineer authorizing an addition, deletion, or revision in the Work,or an adjustment in the Contract Price or the Contract Time issued on or after execution of the Agreement. 8. "Contract Drawings"-drawings and other data designated as Contract Drawings prepared by Engineer for this Contract which show the character and scope of the Work to be performed and are referred to in the Contract Documents. 9. "Contract Price"-the total monies payable to Contractor under the Contract Documents as stated in the Agreement. 00700-General Conditions revised 00700— 1 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 10. "Contract Times"-the number of days or the dates stated in.the Agreement to: (i)achieve Substantial Completion;and(ii)complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendations of final payment. 11. "Contractor"-the person, firm or corporation with whom Owner has entered into the Agreement. 12. "Date of Contract","Effective Date of the Agreement"-the date of the City Council Approval also indicated in the Agreement. 13. "Engineer"or"Engineer-Architect"-Architect,engineer,or other licensed professional who is either employed or has contracted with Owner to serve in a design capacity and whose consultants,members, partners, employees, or agents have prepared and sealed the Drawings and Specifications. 14. "Engineer's Consultant"-an individual or entity having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project. 15. "Equipment"-a product with operational or nonoperational parts,whether motorized or manually operated,that requires service connections,such as wiring or piping. 16. "Field Order"-a written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 9.05 but which does not involve a change in the Contract Price or the Contract Times. 17. "General Requirements"- Sections of DIVISION 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 18. "Hazardous Waste"-the term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 19. "Law"- law of the place of the Project which shall govern the performance hereunder. 20. "Laws and Regulations,""Laws or Regulations"- laws, rules,regulations, ordinances,codes and/or orders of any and all governmental bodies, agencies,authorities,and courts having jurisdiction. 21. "Lien"-charges, security interests,or encumbrances on Project funds, real property,or personal property. 22. "Materials"-products substantially shaped,cut,worked,mixed, finished, refined, or otherwise fabricated,processed,or installed to form a part of the Work. 23. "Notice of Award"-the written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein,within the time specified, Owner will sign and deliver the Agreement. 24. "Notice to Proceed"-the written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform Contractor's obligation under the Contract Documents. 25. "Owner"-the City of Fayetteville,Arkansas, a constitutionally chartered municipal corporation, with which the Contractor has entered into the Agreement and for whom the Work is to be provided. 00700 General Conditions 00700—2 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 26. "Partial Utilization"-placing a portion of the Work in service for the purpose for which it is intended(or a related purpose)before reaching Substantial Completion of all the Work. 27. "PCBs"- Polychlorinated biphenyls. 28. "Petroleum" -petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure(60°Fahrenheit and 14.7 pounds per square inch absolute),such as oil, petroleum, fuel oil,oil sludge, oil refuse,gasoline,kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. 29. "Program Manager"—NOT USED. 30. "Project"-the total construction of which the Work to be provided under the Contract Documents may be the whole,or a part as indicated elsewhere in the Contract Documents. 31. "Project Manual"-The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s)of contents. 32. "Radioactive Material"-source,special nuclear,or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 33. "Resident Project Representative" -the authorized representative of Engineer who is assigned to the construction Site or any part thereof. 34. "Reference Drawings"-drawings not specifically prepared for, nor a part of, this Contract, but which contain information pertinent to the Work. 35. "Samples"-physical examples of Equipment, Materials, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 36. "Shop Drawings" -all drawings,diagrams, illustrations,schedules,and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 37. "Site"-lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto,and such other lands furnished by Owner which are designated for the use of Contractor. 38. "Specifications"-those portions of the Contract Documents consisting of written technical descriptions of the Work, and covering the Equipment, Materials, workmanship, and certain administrative details applicable thereto. 39. "Subcontractor"-an individual, firm,or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 40. "Submittals"-all Shop Drawings,product data, and Samples which are prepared by Contractor, a Subcontractor,manufacturer,or Supplier,and submitted by Contractor to Engineer as a basis for approval of the use of Equipment and Materials proposed for incorporation in the Work or needed to describe proper installation,operation and maintenance, or technical properties. 00700 General Conditions 00700—3 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 41. "Substantial Completion"-the Work(or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents,so that the Work(or specified part) can be used for the purposes for which it was intended. 42. "Supplementary Conditions"—part of the Contract Documents which amends and/or supplements these General Conditions. 43. "Supplier"-a manufacturer, fabricator, supplier,distributor, material man,or vendor. 44. "Underground Facilities"-all pipelines, conduits, ducts,cables, wires, manholes, vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity,gases, steam, liquid petroleum products,telephone or other communications,cable television, sewage and drainage removal,traffic or other control systems, or water. 45. "Unit Price Work"-Work to be paid on the basis of Unit Prices. 46. "Work"-the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services,the furnishing of Bonds and insurance,furnishing labor, and furnishing and incorporating Materials and Equipment into the construction, all as required by the Contract Documents. 47. "Work Change Directive"-a written directive to Contractor, issued on or after the effective Date of the Agreement and signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in Article 4 or to emergencies under Paragraph 6.13. A Work Change Directive will not change the Contract Price or the Contract Times,but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any,on the Contract Price or Contract Times as provided in Paragraph 10.01B. 48. "Written Amendment"-a written amendment to the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement, and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. 49. "Year 2000 Compliance"or"Year 2000 Compliant"—means that equipment, devices, items,systems, software, hardware,and firmware included in the Work or used to produce the Work shall properly, appropriately, and consistently function and accurately process date and time data(including without limitation: calculating,comparing, and sequencing)on and after December 31, 1999, including leap year calculations. 00700 General Conditions 00700—4 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) 1.03 TERMINOLOGY: A. Whenever used in these General Conditions or elsewhere in the Contract Documents, the following terminology shall have the intent and meaning specified below: 1. The words"as indicated"refer to the Drawings and"as specified"refer to the remaining Contract Documents. 2. The terms"responsible"or"responsibility"mean that the party to which the term applies shall assume all responsibilities thereto. 3. The term"approve", when used in response to Submittals, requests, applications, inquiries, reports and claims by Contractor, will be held to limitations of Engineer's responsibilities and duties or specified in these General Conditions. In no case will "approval"by Engineer be interpreted as a release of Contractor from responsibilities to fulfill requirements of Contract Documents. 4. When applied to Equipment and Materials,the words"furnish","install", and"provide"shall mean the following: a. The word"provide"shall mean to furnish, pay for,deliver,assemble, install,adjust,clean and otherwise make Materials and Equipment fit for their intended use. b. The word"furnish"shall mean to secure, pay for,deliver to Site, unload and uncrate Equipment and Materials. c. The word"install"shall mean to assemble, place in position, incorporate in the Work,adjust,clean,and make fit for use. d. The phrase"furnish and install"shall be equivalent to the word "provide." 5. The word"day"shall constitute a calendar day of twenty-four hours measured from midnight to the next midnight. ARTICLE 2- PRELIMINARY MATTERS 2.01 DELIVERY OF BONDS: A. When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such executed and recorded Bonds as Contractor may be required to furnish in accordance with Paragraph 5.01. 2.02 COPIES OF DOCUMENTS: A. S Owner will furnish to Contractor copies of the Contract Documents as stated in the General Requirements. 2.03 COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED: A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time mutually agreed upon by the Contractor and the Owner within 60 days after the Effective Date of the Agreement upon completion of required executed documents. In no event will the Contract Times commence to run later than the 60`'day after the Effective Date of the Agreement. 00700 General Conditions 00700—5 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 2.04 STARTING THE PROJECT: A. Contractor shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 BEFORE STARTING CONSTRUCTION: A. Before starting construction and undertaking each part of the Work,Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict,error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby; however,Contractor shall not be liable to Owner or Engineer for failure to report any conflict,error, or discrepancy in the Contract Documents, unless Contractor had actual knowledge thereof or should reasonably have known thereof. B. Within thirty(60)days after the Effective Date of the Agreement,and before Contractor starts the Work at the Site,Contractor shall submit items as noted in Document 00550—Notice to Proceed(and as specified)to Engineer for review. C. Further, before any Work at the Site is started,Contractor shall deliver to Owner, with a copy to Engineer,certificates and other evidence of insurance requested by Owner which Contractor is required to purchase and maintain in accordance with Paragraph 5.02(and Owner shall deliver to Contractor certificates and other evidence of insurance requested by Contractor which Owner is required to purchase and maintain in accordance with Paragraph 5.02). 2.06 PRECONSTRUCTION CONFERENCE: A. Within 60 days after the Effective Date of the Agreement, but before Contractor starts the Work at the Site,a conference attended by Contractor, Engineer,and others as appropriate will be held to discuss the schedules referred to in Paragraph 2.05B,to discuss procedures for handling Submittals, processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 2.07 FINALIZING SCHEDULES: A. A schedule shall be finalized in accordance with Specification SECTION 01321. The finalized construction progress schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times, but such acceptance will neither impose on Engineer responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefor. The finalized schedule of Submittal submissions will be acceptable to Engineer if it provides a workable arrangement for processing the submissions. ARTICLE 3- CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3:01 INTENT: A. The Contract Documents comprise the entire agreement between Owner and Contractor concerning the Work. The Contract Documents are complementary; what 00700 General Conditions 00700—6 DOCUMENT 00700—GENERAL CONDITIONS: (continued) is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Law of the place of the Project. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof)to be constructed in accordance with the Contract Documents. Any Work, Materials,or Equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for, at no additional cost to the Owner. 1. When words which have a well-known technical or trade meaning are used to describe Work, Materials,or Equipment, such words shall be interpreted in accordance with that meaning. 2. Reference to standard specifications,manuals,or codes of any technical society, organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication, shall mean the latest standard specification, manual,code,or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual,or code(whether or not specifically incorporated by reference in the Contract Documents)shall be effective to change the duties and responsibilities of Owner, Contractor,or Engineer, or any of their consultants,agents,or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineer's consultants,agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Paragraph 9.04. C. If,during the performance of the Work,Contractor finds a conflict,error,or discrepancy in the Contract Documents, Contractor shall so report to Engineer in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from Engineer, however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict,error,or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. D. Applicable codes and standards referenced in these Contract Documents establish minimum requirements for Equipment, Materials,and Work and are superseded by • more stringent requirements of Contract Documents when and where they occur. E. The Specifications are separated into Divisions and Sections for convenience in defining the Work. Contract Drawings are separated according to engineering disciplines and other classifications. This sectionalizing and the arrangement of Contract Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 00700 General Conditions 00700—7 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: A. The Contract Documents may be amended to provide for additions,deletions,and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. A formal Written Amendment. 2. A Change Order(pursuant to Paragraph 10.01 D). B. As indicated in Paragraphs 11.01B and 12.01A, Contract Price and Contract Times may only be changed by a Change Order or Written Amendment. • C. In addition,the requirements of the Contract Documents may be supplemented,and minor variations and deviations in the Work may be authorized, in the following way: 1. A Field Order(pursuant to Paragraph 9.05). 2. Engineer's written interpretation or clarification(pursuant to Paragraph 9.04). 3.03 OWNERSHIP AND REUSE OF DOCUMENTS: A. All Contract Documents and copies thereof furnished by Engineer shall be the property of the Owner. B. Neither Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications,or other documents(or copies of any thereof)prepared by or bearing the seal of Engineer; and they shall not reuse any of the documents on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. ARTICLE 4- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 AVAILABILITY OF LANDS: A. Owner shall furnish, as indicated in the Contract Documents,the lands upon which the Work is to be performed, rights-of-way and easements for access thereto,and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. B. If Contractor believes that any delay in Owner's furnishing these lands, rights-of-way, or easements entitles Contractor to an extension of the Contract Times, Contractor may make a claim therefor as provided in Article 12. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. D. Contractor shall confine his operations to the construction limits indicated. 4.02 UNFORESEEN SUBSURFACE CONDITIONS: A. Contractor shall promptly notify Engineer in writing of any subsurface or latent physical conditions encountered at the Site which differ materially from those 00700 General Conditions 00700—8 DOCUMENT 00700—GENERAL CONDITIONS: (continued) specified or indicated,or which could be reasonably interpreted from examination of the Site and available subsurface information at the time of bidding. B. Engineer will promptly investigate those conditions and advise Owner if further surveys or subsurface tests are necessary. Promptly thereafter, Engineer will obtain the necessary additional surveys and tests and furnish copies of results to Contractor and Owner. C. If Engineer and Owner find that the subsurface or latent physical conditions encountered at the Site differ materially from those specified or indicated, or which could have been reasonably interpreted from examination of the Site and available subsurface information at the time of bidding,then a Change Order will be issued by the Owner incorporating the necessary revisions. 4.03 PHYSICAL CONDITIONS- UNDERGROUND FACILITIES: A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data;and, 2. Contractor shall have full responsibility for reviewing and checking all such information and data,for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in Paragraph 6.12 and repairing any damage thereto resulting from the Work,the cost of all of which will be considered as having been included in the Contract Price. B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby(except in an emergency as permitted by Paragraph 6.13), identify the owner of such Underground Facility and give written notice thereof to that owner and Engineer. Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in Paragraph 6.12. Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times,or both,to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof,Contractor may make a claim therefor as provided in Articles 11 and 12. • 00700 General Conditions 00700—9 • f DOCUMENT 00700—GENERAL CONDITIONS: (continued) 4.04 REFERENCE POINTS: A. Engineer will provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to • proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points,and shall make no changes or relocations without the prior written approval of Engineer. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Contractor shall be responsible for any mistakes or loss of time that may result from their loss or disturbance. B. Contractor shall make such surveys as are required for establishing pay limits and determining quantities for progress pay estimates. He shall furnish Engineer with one copy each of all field notes of such surveys. 4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE,OR RADIOACTIVE MATERIAL: • A. Owner shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste,or Radioactive Material uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the Site. Owner shall not be responsible for any such materials brought to the Site by Contractor, Subcontractor, Suppliers,or anyone else for whom Contractor is responsible. B. Contractor shall immediately: (i)stop all Work in connection with such hazardous condition and in any area affected thereby(except in an emergency as required by Paragraph 6.13),and (ii)notify Owner and Engineer(and thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. Contractor shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Contractor special written notice: (i)specifying that such condition and any affected area is or has been rendered safe for the resumption of Work,or (ii)specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by Contractor to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. C. If after receipt of such special written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special conditions,then Owner may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as • a result of deleting such portion of the Work,then either party may make a claim 00700 General Conditions 00700— 10 DOCUMENT 00700—GENERAL CONDITIONS: (continued) therefor as provided in Articles 11 and 12. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. D. To the fullest extent permitted by Laws and Regulations,Owner shall indemnify and hold harmless Contractor, Subcontractors, Engineer, Engineer's Consultants,and the officers,directors, partners,employees, agents, other consultants,and subcontractors of each and any of them from and against all claims, costs, losses,and damages arising out of or resulting from such hazardous condition, provided that: (i)any such claim,cost, loss or damage is attributable to bodily injury, sickness,disease or death, or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting therefrom, and (ii)nothing in this subparagraph 4.05D shall obligate Owner to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. E. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants, and the officers, directors, partners,employees, agents,other consultants,and subcontractors of each and any of them from and against all claims, costs, losses,and damages arising out of or relating to such hazardous condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this subparagraph 4.05E shall obligate Contractor to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. F. The provisions of Paragraphs 4.02 and 4.03 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste,or Radioactive Material uncovered or revealed at the Site. ARTICLE 5- BONDS AND INSURANCE • 5.01 PERFORMANCE AND OTHER BONDS: A. Contractor shall furnish performance and payment Bonds,each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until two years after the date when final payment is approved by Owner, except as otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570(amended)by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds shall be signed by an Arkansas Agent. B. The Bonds shall be automatically increased in amount and extended in time without •formal and separate amendments to cover full and faithful performance of the Contract in the event of Change Orders, regardless of the amount of time or money involved. It is Contractor's responsibility to notify his surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Times. 00700 General Conditions 00700— 11 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) C. Bonds signed by an agent must be accompanied by a certified copy of the authority to act. D. Date of Bonds shall be the same as the Effective Date of the Agreement. E. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. F. If at any time during the continuance of the Contract,the surety on any Bond becomes unacceptable to Owner for financial reasons,Owner has the right to require additional and sufficient sureties which Contractor shall furnish to the satisfaction of Owner within ten days after notice to do so. 1. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.0IA,Contractor shall within five days thereafter substitute another Bond and surety, both of which must be acceptable to Owner. ' 5.02 INSURANCE: A. Contractor's Liability Insurance: 1. Contractor and all of his subcontractors shall purchase and maintain such liability and other insurance as is appropriate for the Work being furnished and performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's furnishing and performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor,any Subcontractor or Supplier,or by anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any of them may be liable: a. Claims under workers' compensation,disability benefits,and other similar employee benefit acts; b. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees; c. Claims for damages because of bodily injury, sickness,or disease, or death of any person other than Contractor's employees; d. Claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i)by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or (ii)by any other person for any other reason; e. Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property wherever located, including loss of use therefrom; f. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property;and g. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. 00700 General Conditions 00700— 12 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) 2. The insurance required by this paragraph shall include the specific coverages, and be written for not less than the limits of liability specified or required by Law, whichever is greater. a. Umbrella General Liability $5,000,000 b. Workers' compensation Statutory(State and Federal Limits) Employer's Liability $500,000 each accident c. Commercial General Liability (1) General Aggregate $2,000,000 (2) Products-Completed Operations Aggregate $2,000,000 (3) Personal &Advertising Injury Limit $1,000,000 (4) Each Occurrence Limit $1,000,000 (5) Fire Damage Limit $ 100,000 (6) Medical Expense Limit $ 5,000 d. Business Automobile Liability (1) Any one loss or accident $1,000,000 B. The policies of insurance so required by paragraph 5.02A to be purchased and maintained shall: 1. with respect to insurance required by Paragraphs 5.02A.1.c through 5.02A.1.g inclusive, include as additional insureds by endorsement(subject to customary exclusion in respect of professional liability)Owner, Engineer, and Engineer's Consultants,and include coverage for the respective officers, directors,partners,employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability specified in Paragraph 5.02A.2 or required by Laws and Regulations, whichever is greater; 3. with respect to insurance required by paragraphs 5.02A1.c through 5.02A1.g inclusive, include premises/operations, products,completed operations, independent contractors,and personal injury insurance,; 4. include in the Commercial General Liability policy, contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.06,6.10,and 6.16, and written for not less than the limits of liability and coverages specified above; 5. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed, or renewal refused until at least 30 days' prior written notice by certified mail has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued; 6. provide Broad Form Property Damage coverage and contain no exclusion (commonly referred to as XC&U exclusion)relative to blasting,earthquake, flood, explosion,collapse of buildings, or damage to underground property; 7. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; 8. with respect to completed operations insurance,and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment and Contractor shall furnish Owner and each other specified 00700 General Conditions 00700— 13 DOCUMENT 00700—GENERAL CONDITIONS: (continued) additional insured to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter; 9. include Independent Contractors Protective Liability coverage;and 10. with respect to the Commercial General Liability policy,the maximum deductible allowed shall be$5,000. 11. Owner and Contractor waive all rights against each other and their respective officers, directors, partners,employees,agents,and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02A and any other liability insurance applicable to the Work; and, in addition,waive all such rights against Subcontractors, Engineer, Engineer's Consultants,and all other individuals or entities endorsed as insureds or additional insureds(and the officers, directors, partners,employees, agents and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. As required by Paragraph 6.05D,each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner, Contractor, Engineer, Engineer's Consultants,and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. with respect to the Commercial General Liability policy,the maximum deductible allowed • shall be$5,000. C. Owner's Protective Liability Insurance: 1. Contractor shall be responsible for purchasing and maintaining Owner's Protective Liability insurance with Owner,and Engineer as named insureds. 2. This insurance shall have the same limits of liability as the Commercial General Liability insurance and shall protect Owner and Engineer against any and all claims and liabilities for injury to or death of persons,or damage to property caused in whole or in part by,or alleged to have been caused in whole or in part by, negligent acts or omissions of Contractor or Subcontractors or any agent,servant, worker, or employee of Contractor or Subcontractors arising from the operations under the Contract Documents. 3. This insurance may be provided by endorsement to Contractor's Commercial General Liability insurance policy. D. Property Insurance: 1. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full insurable value thereof(subject to such deductible amounts as follows)or as required by Laws or Regulations. This insurance shall: a. be on the completed value form and include the interests of Owner, Contractor, Subcontractors, Engineer,and Engineer's Consultants,and the officers,directors, partners,employees,agent,and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 00700 General Conditions 00700— 14 DOCUMENT 00700—GENERAL CONDITIONS: (continued) b. be written on a Builder's Risk"all-risk"or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings, false work, and Equipment and Materials, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage,theft,vandalism and malicious mischief,earthquake,collapse,debris removal,demolition occasioned by enforcement of Laws and Regulations,water damage, terrorism, and such other perils(as flood,earthquake,explosions, collapse, underground hazard)or causes of loss as may be specifically required in the Contract Documents; c. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers, architects, attorneys, and other professionals); d. cover Equipment and Materials stored at the Site or at another location that was agreed to in writing by Engineer prior to being incorporated in the Work, provided that such Equipment and Materials have been included in an Application for Payment recommended by Engineer; e. allow for partial utilization of the Work by Owner; f. include testing and startup; g. be maintained in effect until final payment(or the Owner assumes beneficial occupancy and agrees to provide insurance coverage for the facilities so occupied) is made unless otherwise agreed to in writing by Owner,Contractor,and Engineer with 30 days' written notice to each other additional insured to whom a certificate of insurance has been issued; and h. have a deductible amount of$ 10,000. 2. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as required by Laws and Regulations which will include the interests of Owner,Contractor, Subcontractors, Engineer, and Engineer's Consultants in the Work,each of whom is deemed to have an insurable interest and shall be listed as insured or additional insured parties. • 3. All policies of insurance required to be purchased and maintained in • accordance with Paragraph 5.02D will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least 30 days' prior notice by certified mail has been given to Owner and Contractor and to each additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.02F below. 4. Copies of the policies shall be furnished for property insurance.Certificates will not be acceptable. E. Transit Insurance: 1. Transit insurance shall be furnished by Contractor to protect Contractor and Owner from all risks of physical loss or damage to Equipment and Materials, not otherwise covered under other policies,during transit from point of origin to the Site of installation or erection. 2. This insurance shall be written on an"All Risk"basis with additional coverages applicable to the circumstances that may occur in the particular Work included in this Contact. 00700 General Conditions 00700— 15 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 3. This insurance shall be in an amount not less than 100%of the manufactured or fabricated value of items exposed to risk in transit at any one time. 4. This insurance shall contain a waiver of rights of subrogation the insurer may have or acquire against Engineer. F. Waiver of Rights: 1. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.02D will protect Owner;Contractor, Subcontractors, Engineer, Engineer's Consultants, and other individuals or entities endorsed as insureds or additional insureds(and the officers,directors,partners,employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby.All such policies shall contain provisions to the effect that in the event of payment of any loss or damage,the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder;and if the insurers require separate waiver forms to be signed by Engineer or Engineer's Consultants, Owner will obtain the same, and if such waiver forms are required of any Subcontractor,Contractor shall obtain the same. 2. Owner and Contractor waive all rights against each other and their respective officers, directors,partners,employees,agents,and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of,or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02D and any other property insurance applicable to the Work; and, in addition,waive all such rights against Subcontractors, Engineer, Engineer's Consultants,and all other individuals or entities endorsed as insureds or additional insureds(and the officers, directors, partners,employees, agents, and other consultants and subcontractors of each and any of them)under such policies for losses and damages so caused. As required by Paragraph 6.05D,each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner,Contractor, Engineer, Engineer's Consultants,and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. G. Receipt and Application of Insurance Proceeds: 1. Any insured loss under the policies of insurance required by Paragraph 5.02D will be adjusted with Owner and made payable to Owner as fiduciary for the insureds,as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.02G.2. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached,the damaged Work shall be repaired or replaced,the moneys so received applied to account thereof,and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 2. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 00700 General Conditions 00700— 16 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 15 days after the occurrence of loss to Owner's exercise of this power. If such objection is made,Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest,Owner as fiduciary shall give bond for the proper performance of such duties upon the occurrence of an insured loss. H. Acceptance of Insurance: 1. If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with Paragraph 5.02 on the basis of non-conformance with the Contract Documents, Owner shall so notify Contractor in writing thereof within 10 days of the date of delivery of such certificates and other evidence of insurance to Owner required by Paragraph 2.05C. 2. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the insurance required of such party by the Contract Documents,such party shall notify the other party in writing of such failure to purchase prior to the start of the Work,or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy,the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage,and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization,Acknowledgment of Property Insurer: 1. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.06, no such use or occupancy shall commence before the insurers providing property insurance pursuant to Paragraph 5.02D have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE: A. Contractor shall supervise and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for and have control over construction means,methods, techniques,sequences, and procedures and for coordinating all portions of the Work, but Contractor shall not be responsible for the negligence of others in the design or selection of a specific means, method,technique,sequence, or procedure of 00700 General Conditions 00700— 17 DOCUMENT 00700—GENERAL CONDITIONS: (continued) construction which is indicated in and required by. the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. B. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of • Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. C. When manufacturer's field services in connection with the erection, installation, start-up, or testing of Equipment furnished under this Contract,or instruction of Owner's personnel thereon are specified,Contractor shall keep on the Work, during its progress or as specified,competent manufacturer's field representatives and any necessary assistants. 6.02 LABOR, EQUIPMENT,AND MATERIALS: A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents,all Work at the Site shall be performed during regular working hours,and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without Engineer's written consent. B. Unless otherwise specified in the General Requirements,Contractor shall furnish and assume full responsibility for all Equipment and Materials, labor,transportation, construction equipment and machinery,tools,appliances, fuel,power, light, heat, telephone, water,sanitary facilities,temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance,testing, start-up,and completion of the Work. C. All Equipment and Materials shall be of good quality and new,except as otherwise • provided in the Contract Documents. If required by Engineer,Contractor shall furnish to Engineer satisfactory evidence(including reports of required tests)as to the kind and quality of Equipment and Materials. All Equipment and Materials shall be applied, installed,connected,erected, used,cleaned,and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to Engineer,or any of Engineer's consultants, agents,or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.10C and 9.10D. D. All Equipment and Materials incorporated in the Work shall be designed to meet the applicable safety standards of federal,state, and local Laws and Regulations. E. Domestic Product Procurement: As further specified elsewhere in these or referenced documents. 00700 General Conditions 00700— 18 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 6.03 ADJUSTING PROGRESS SCHEDULE: A. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07)adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.04 SUBSTITUTES OR"OR-EQUAL"ITEMS: A. Whenever an item of Equipment or Material is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the specification or description is intended to establish the type, function, appearance,and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or"or-equal" item or no substitute is permitted,other items of Equipment or Material of other Suppliers may be submitted by Contractor to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of Equipment or Material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an"or-equal"item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For purposes of this Paragraph 6.04A.1,a proposed item of Equipment or Material will be considered functionally equal to an item so named if: a. In the exercise of reasonable judgment Engineer determines that: (i) it is at least equal in quality,durability,appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole,and; b. Contractor certifies that: (i)there is no increase in cost to Owner; and (ii) it will conform substantially, even with deviations,to the detailed requirements of the item named in the Contract Documents. c. "Or-Equal"will not be considered until after Award of Contract. 2. Substitute Items: a. If in Engineer's sole discretion an item of Equipment or Material proposed by Contractor does not qualify as an"or-equal" item under Paragraph 6.04A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of Equipment or Material proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of Equipment or Materials will not be accepted by Engineer from anyone other than Contractor. c. The procedure for review by Engineer will be as set forth in Paragraph 6.04A.2.d,as may be supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. 00700 General Conditions 00700— 19 DOCUMENT 00700—GENERAL CONDITIONS: (continued) d. Contractor shall first make written application to Engineer for review of a proposed substitute item of Equipment or Material that Contractor seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified,and be suited to the same use as that specified. The application will state the extent, if any,to which the use of the proposed substitute will prejudice Contractor's achievement of Substantial Completion on time; whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents(or in the provisions of any other direct contract with Owner for work on the Project)to adapt the design to the proposed substitute item; and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application,and available engineering, sales, maintenance, repair,and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by Engineer in evaluating the proposed substitute item. Engineer may require Contractor to furnish additional data about the proposed substitute item. e. Substitute items will not be considered until after Award of Contract. B. If a specific means, method,technique, sequence,or procedure of construction is indicated in or required by the Contract Documents,Contractor may furnish or use a substitute means, method,sequence,technique,or procedure of construction acceptable to Engineer, if Contractor submits sufficient information to allow Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in Paragraph 6.04A.2 as applied by Engineer and as may be supplemented in the General Requirements. C. Engineer will be allowed a reasonable time within which to evaluate each proposed substitute or"or-equal" item. Engineer will be the sole judge of acceptability,and no substitute or"or-equal"will be ordered, installed,or used until Engineer's review is complete,which will be evidenced by either(i)a Change Order for a substitute,or (ii)an approved Submittal for an"or-equal." Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Engineer will record time required by Engineer and, Engineer's Consultants, in evaluating substitute proposed or submitted by Contractor pursuant to Paragraphs 6.04A.2 and 6.04B and in making changes in the Contract Documents or in the provisions of any other direct contract with Owner for work on the Project occasioned thereby. Whether or not Engineer approves a substitute item so proposed or submitted by Contractor,Contractor shall reimburse Owner for the charges of, Engineer,and Engineer's Consultants for evaluating each such proposed substitute. 00700 General Conditions 00700—20 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS: A. Contractor shall not employ any Subcontractor, Supplier,or other person or organization(including those acceptable to Owner and Engineer as indicated in Paragraph 6.05B),whether initially or as a substitute,against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other person or organization to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Contract Documents require the identity of certain Subcontractors, Suppliers, or other persons or organizations(including those who are to furnish the principal items of Equipment and Materials)to be submitted to Owner within the required time after Bid opening prior to the Effective Date of the Agreement for acceptance by Owner and Engineer and if Contractor has submitted a list thereof,Owner's or Engineer's 'acceptance(either in writing or by failing to make written objection thereto)of any such Subcontractor, Supplier, or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case Contractor shall submit an acceptable substitute,the Contract Price will be increased by the difference in the cost occasioned by such substitution,and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by Owner or Engineer of any such Subcontractor, Supplier, or other person or organization shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between Owner, or Engineer and any such Subcontractor, Supplier, or other person or organization, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier,or other person or organization except as may otherwise be required by Laws and Regulations. D. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by Paragraph 5.02F. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to Paragraph 5.02D. 6.06 PATENT FEES AND ROYALTIES: A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product,or device which is the subject of patent rights or copyrights held by others. If a particular invention, design,process,product,or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights 00700 General Conditions 00700—21 DOCUMENT 00700—GENERAL CONDITIONS: (continued) or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses,and expenses(including attorneys' fees and court and arbitration costs)arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents,and shall defend all such claims in connection with any alleged infringement of such rights. 6.07 PERMITS: A. Unless otherwise provided in the Contract Documents,Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor,when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Fees for permits issued by the City will be waived and the Permits issued by the City necessary for the work are r'equired. Contractor shall pay all charges of utility owners for connections to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.08 LAWS AND REGULATIONS: A. Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations,Contractor shall give Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 3.02. If Contractor performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations,and without such notice to Engineer, Contractor shall bear all costs arising therefrom; however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. 6.09 TAXES: A. Contractor shall pay all sales, consumer, use,and other similar taxes required to be paid or withheld by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.10 USE OF PREMISES: A. Contractor shall confine construction equipment,the storage of Equipment and Materials,and the operations of workers to the Project Site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations,rights-of-way, permits, and easements,and shall not unreasonably encumber the premises with construction equipment or other 00700 General Conditions 00700—22 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) equipment and materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against Owner or Engineer by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at Law. Contractor shall,to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Engineer harmless from and against all claims, damages, losses, and expenses(including, but not limited to, fees of engineers,architects,attorneys and other professionals, and court and arbitration costs)arising directly, indirectly or consequentially out of any action, legal or equitable,brought by any such other party against Owner or Engineer to the extent based on a claim arising out of Contractor's performance of the Work. B. During the progress of the Work,Contractor shall keep the premises free from accumulations of waste materials, rubbish,and other debris resulting from the Work. At the completion of the Work,Contractor shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances,construction equipment and machinery, and surplus materials,and shall leave the Site clean and ready for occupancy by Owner. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. C. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.11 RECORD DOCUMENTS: A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,Addenda, Written Amendments, Change Orders, Work Change Directives, Field Test Records, Field.Orders,and written interpretations and clarifications(issued pursuant to Paragraph 9.04) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Submittals shall be available to Engineer for reference. Upon completion of the Work,these record documents and Submittals shall be delivered to Engineer for Owner. B. Receipt and acceptance of record documents will be a prerequisite for final payment on the Contract. • 6.12 SAFETY AND PROTECTION: A. Contractor shall be responsible for initiating, maintaining,and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the Work and other persons and organizations who may be affected thereby; . 2. All the Work and Materials and Equipment to be incorporated therein, whether in storage on or off the Site; and 3. Otherproperty at the Site or adjacent thereto, including trees shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities 00700 General Conditions 00700—23 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury,or loss;and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection, removal, relocation,and replacement of their property. All damage, injury or loss to any property referred to in Paragraph 6.12A.2 or 6.12A.3 caused,directly or indirectly, in whole or in part,by Contractor,any Subcontractor, Supplier,or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable,and not attributable, directly or indirectly, in whole or in part,to the fault or negligence of Contractor). Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.09A that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). C. Contractor shall designate a responsible representative at the Site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner and Engineer. 6.13 EMERGENCIES: A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto,Contractor, without special instruction or authorization from Engineer or Owner, is obligated to act to prevent threatened damage, injury,or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes or variations. 6.14 SUBMITTALS: A. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements,Contractor shall submit to Engineer for review and acceptance by Engineer, in accordance with the accepted schedule of submissions, copies of Submittals which will bear the required information that Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as Engineer may require. The data shown on Submittals will be complete with respect to quantities,dimensions, specified performance and design criteria, materials, and similar data to enable Engineer to review the information as required. 00700 General Conditions 00700—24 DOCUMENT 00700—GENERAL CONDITIONS: (continued) B. Before submission of each Submittal, Contractor shall have determined and verified all quantities,dimensions, specified performance criteria, installation requirements, materials,catalog numbers,and similar data with respect thereto and reviewed or coordinated each Submittal with other Submittals and with the requirements of the Work and the Contract Documents. C. At the time of each submission,Contractor shall give Engineer specific written notice of each variation that the Submittal may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Submittal submitted to Engineer for review and approval of each such variation. D. Engineer will review Submittals with reasonable promptness, but Engineer's review and acceptance will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods,techniques, sequences,or procedures of construction (except where a specific means, method,technique, sequence,or procedure of construction is indicated in or required by the Contract Documents)or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and shall return the required number of corrected copies of Submittals and resubmit as required for review and acceptance. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. E. Engineer's review and acceptance of Submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents. Contractor shall in writing call Engineer's attention to each and every variation at the time of submission. Engineer will show approval of each such variation by a specific written notation thereof incorporated in or accompanying the Submittal. Acceptance by Engineer shall not relieve Contractor from responsibility for errors or omissions in the Submittals. F. Where a Submittal is required by the Specifications,any related Work performed prior to Engineer's review and acceptance of the pertinent submission will be the sole expense and responsibility of Contractor. 6.15 CONTINUING THE WORK: A. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with Engineer or Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements,except as permitted by Paragraph 15.03 or as Contractor and Owner may otherwise agree in writing. 00700 General Conditions 00700—25 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 6.16 INDEMNIFICATION: A. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants, and the officers, directors,partners,employees, agents, and other consultants and subcontractors of each and any of them from and against all claims,damages, losses and expenses, direct, indirect,or consequential (including but not limited to fees and charges of engineers,architects, attorneys and other professionals,and court and arbitration costs)arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense: 1. Is attributable to bodily injury, sickness,disease or death, or to injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom,and 2. Is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any person,or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. B. In any and all claims against Owner or Engineer or any of their consultants,agents, or employees by any employee of Contractor, any Subcontractor,any person,or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,the indemnification obligation under Paragraph 6.16A shall not be limited in any way by any limitation on the amount or type of damages,compensation, or benefits payable by or for Contractor or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts,or other employee benefit acts. C. The obligations of Contractor under Paragraph 6.16A shall not extend to the liability of Engineer, Engineer's Consultants,agents,or employees arising out of: 1. The preparation or approval of maps,drawings,opinions, reports, surveys, Change Orders,designs,or specifications. 2. The giving of or the failure to give communications by Engineer,their agents, or employees provided such giving or failure to give is the primary cause of injury or damage. D. If necessary for enforcement of any indemnification and hold harmless requirement herein,or if applicable law requires the Contractor to obtain specified limits of insurance to insure any indemnity obligation;then Contractor shall obtain such applicable coverage with minimum limits not less than any specified in Paragraph 5.02B herein,the cost to be recovered and included in the Contract Price, and any indemnity attributable to the negligence of any indemnified party shall be limited to such insurance. ARTICLE 7- OTHER WORK 7.01 RELATED WORK AT SITE: A. Owner may perform other work related to the Project at the Site by Owner's own forces, have other work performed by utility owners,or let other direct contracts 00700 General Conditions 00700—26 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work; and, if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the extent thereof,Contractor may make a claim therefor as provided in Articles 11 and , 12. B. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract(or Owner, if Owner is performing the additional work with Owner's employees)proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs; Contractor shall do all cutting,fitting, and patching of the Work that may be required to make its several parts come together properly'and integrate with such other work. Contractor shall not endanger any work of others by cutting,excavating,or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. C. If any part of Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner or Owner,Contractor shall inspect and promptly report to Engineer in writing any delays,defects, or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or nonapparent defects and deficiencies in the other work. 7.02 COORDINATION: A. If Owner contracts with others for the performance of other work on the Project at the Site,the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the General Requirements,and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided. ARTICLE 8- OWNER'S RESPONSIBILITIES 8.01 COMMUNICATIONS: A. Owner shall issue all communications to Contractor through Engineer. 8.02 CHANGE OF ENGINEER : A. In case of termination of the employment of Engineer,Owner shall appoint, subject to the requirements of Section 00001 CERTIFICATIONS and Arkansas State Law an engineer against whom Contractor makes no reasonable objection,whose status under the Contract Documents shall be that of the former Engineer. Any dispute in connection with such appointment shall be addressed as discussed in Article 16. 00700 General Conditions 00700—27 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 8.03 REQUIRED DATA: A. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly after they are due as provided in Paragraphs 14.04A and 14.09A. 8.04 LANDS AND EASEMENTS: A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.04. 8.05 INSURANCE: A. Owner's responsibilities in respect of purchasing and maintaining insurance are set forth in Paragraph 5.02. 8.06 CHANGE ORDERS: A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.01. 8.07 INSPECTIONS AND TESTS: A. Owner's responsibility in respect of certain inspections,tests and approvals is set forth in Paragraph 13.03B. 8.08 STOPPING THE WORK: A. In connection with Owner's right to stop Work or suspend Work, see Paragraphs 13.06 and 15.02. Paragraph 15.02A deals with Owner's right to terminate services of Contractor under certain circumstances. 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES: A. Owner shall not supervise,direct,or have control or authority over, nor be responsible for, Contractor's means, methods,techniques, sequences,or procedures of construction,or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: • A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. B. Owner and Contractor are reminded of the requirements of Arkansas State Law§22- 9-101.Observation by registered professionals required. 00700 General Conditions 00700—28 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 9.02 VISITS TO SITE: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous on-Site inspections to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-Site observations as an experienced and qualified design professional, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 9.03 PROJECT REPRESENTATION: A. Engineer may furnish Resident Project Representative and assistants to assist Owner and Engineer in observing the performance of the Work. 1. Communications pertaining to Submittals,written interpretations,and Change Orders shall be directed to Engineer at his home office. 2. Communications pertaining to day-to-day operations at the Site shall be directed to Resident Project Representative. 3. Resident Project Representative and his assistants will conduct observations of the Work in progress to assist Engineer in determining that the Work is proceeding in accordance with the Contract Documents. 4. Resident Project Representative will not have,authority to permit any deviation from the Contract Documents,except with concurrence of Owner and Engineer. 9.04 CLARIFICATIONS AND INTERPRETATIONS: A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of drawings or otherwise)as Engineer may determine necessary,which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Times and the parties are unable to agree to the amount or extent thereof,Contractor may make . a claim therefor as provided in Article 11 or Article 12. 9.05 AUTHORIZED VARIATIONS IN WORK: A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner,and also on Contractor who shall perform the Work involved promptly. 9.06 REJECTING DEFECTIVE WORK: A. Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, and will also have authority to require special inspection or testing of 00700 General Conditions 00700—29 DOCUMENT 00700—GENERAL CONDITIONS: (continued) the Work as provided in Paragraph 13.05B, whether or not the Work is fabricated, installed,or completed. B. Resident Project Representative will have authority,subject to final decision of Engineer,to disapprove or reject any defective workmanship, Equipment,or Material. 9.07 SUBMITTALS,CHANGE ORDERS,AND PAYMENTS: A. In connection with Engineer's responsibility for Submittals,see Paragraph 6.14. B. In connection with Engineer's responsibilities as to Change Orders,see Articles 10, 11,and 12. C. In connection with Engineer's responsibilities in respect of Applications for Payment, see Article 14. 9.08 DETERMINATIONS FOR UNIT PRICES: A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon to the Owner. Engineer will provide approval by recommendation of an Application for Payment to the Owner or return Application to Engineer for further review. B. Engineer's written decisions thereon will be final and binding upon Owner and Contractor, unless,within ten days after the date of any such decision,either Owner or Contractor delivers to the other party to the Agreement and to Engineer written notice of intention to appeal such a decision. 9.09 DECISIONS ON DISPUTES: A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims,disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to Engineer in writing with a request for a formal decision in accordance with this Paragraph,which Engineer will render in writing within a reasonable time. Written notice of each such claim,dispute, and other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly(but in no event later than 30 days)after the occurrence of the event giving rise thereto, and written supporting data shall be delivered to Engineer and the other party within 60 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim. Owner may request written review by Engineer of claims, disputes,and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents. B. When functioning as interpreter and judge under Paragraphs 9.08 and 9.09A, Engineer will not show partiality to Owner or Contractor and Engineer will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer with respect to any such claim, dispute,or other matter(except any which have been waived by the making or 00700 General Conditions 00700—30 DOCUMENT 00700—GENERAL CONDITIONS: (continued) acceptance of final payment as provided in Paragraph 14.11) will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim,dispute,or other matter. 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: A. Neither Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor,any Subcontractor,any Supplier,or any other person or organization performing any of the Work, or to any surety for any of them. B. Whenever in the Contract Documents the terms"as directed","as required","as allowed","as approved",or terms of like effect or import are used,or the adjectives "reasonable","suitable","acceptable","proper",or"satisfactory"or adjectives of like effect or import are used to describe a requirement,direction, review,or judgment of Engineer as to the Work, it is intended that such requirement,direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.10C or 9.10D. C. Engineer will not supervise,direct,control,or have authority over or be responsible for Contractor's means, methods,techniques, sequences,or procedures of construction,or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. D. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. E. The presence or absence of Engineer,or any of their representatives will not act to relieve Contractor of any responsibility or of any guarantee of his performance. Neither will observation by Engineer,or any of their representatives in any way be understood to relieve Contractor of any responsibility for proper supervision of the Work at all times. F. Review by Engineer of the final Application for Payment and accompanying documentation and all maintenance and operating instructions,schedules,guarantees, Bonds,certificates of inspection,tests and approvals,and other documentation required to be delivered by Paragraph 14.08A will only be to determine generally that their content complies with the requirements of,and in the case of certificates of inspections,tests, and approvals that the results certified indicate compliance with, ' the Contract Documents. G. The limitations upon authority and responsibility set forth in this Paragraph 9.10 shall also apply to Engineer's Consultants, Resident Project Representative, and assistants. 00700 General Conditions 00700—31 DOCUMENT 00700—GENERAL CONDITIONS: (continued) ARTICLE 10- CHANGES IN THE WORK 10.01 GENERAL: A. Without invalidating the Agreement and without notice to any surety,Owner may,at any time or from time to time, order additions, deletions,or revisions in the Work; these will be authorized by a Written Amendment,a Change Order, or a Work Change Directive. Upon receipt of any such document,Contractor shall promptly proceed with the Work involved which shall be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. B. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or a shortening of the Contract Times that should be allowed as a result of a Work Change Directive,a claim may be made therefore as provided in Article 11 or 12. C. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified,and supplemented as provided in Paragraphs 3.02A and 3.02C,except in the case of an emergency as provided in Paragraph 6.13 and except in the case of uncovering Work as provided in Paragraph 13.05B. D. Owner and Contractor shall execute appropriate Change Orders(or Written Amendments)covering: 1. Changes in the Work which are ordered by Owner pursuant to Paragraph 10.01A, are required because of acceptance of defective Work under Paragraph 13.09 or correcting defective Work under Paragraph 13.10, or are agreed to by the parties; 2. Changes in the Contract Price or Contract Times which are agreed to by the parties; and 3. Changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 9.09A, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal,Contractor shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.15. E. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including, but not limited to,Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety,the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.01 GENERAL: A. The Contract Price constitutes the total compensation(subject to authorized adjustments)payable to Contractor for performing the Work. All duties, 00700 General Conditions 00700—32 DOCUMENT 00700—GENERAL CONDITIONS: (continued) responsibilities, and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. B. The Contract Price may only be changed by a Change Order or a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly(but in no event later than 30 days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence(unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim)and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts(direct, indirect, and consequential)to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by Engineer in accordance with Paragraph 9.09A if Owner and Contractor cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph 11.01B. C. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1. Where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of Unit Prices to the quantities of the items involved(subject to the provisions of Paragraphs 11.05A through 11.05C, inclusive). 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.03A.2.a. 3. On the basis of the Cost of the Work(determined as provided in Paragraphs 11.02A and 11.02B)plus a Contractor's Fee for overhead and profit(determined as provided in Paragraphs 11.03A and 11.03B). 11.02 COST OF THE WORK: A. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be • agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Paragraph 11.02B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment,excise and payroll taxes,workers' or workmen's compensation,health and retirement benefits,bonuses, sick leave,vacation,and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the Site. The expenses of performing Work after regular working hours,on Saturday, Sunday,or legal holidays, shall be included in the above to the extent authorized by Owner. 00700 General Conditions 00700—33 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 2. Cost of all Equipment and Materials furnished and incorporated in the Work, including costs of transportation and storage thereof,and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to Owner,and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Owner,Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Engineer, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee,the Subcontractor's Cost of the Work shall be determined in the same manner as Contractor's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Costs of special consultants(including but not limited to engineers, architects,testing laboratories, surveyors,attorneys,and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation,travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Costs, including transportation and maintenance,of all materials, supplies, equipment, machinery, appliances,office and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer,and the costs of transportation, loading, unloading, installation, dismantling, and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use,or similar taxes related to the Work,and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor,any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses. f. Losses and damages not compensated by insurance or otherwise,to the Work or otherwise sustained by Contractor in connection with the performance and furnishing of the Work provided they have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; shall include settlements made with the 00700 General Conditions 00700—34 DOCUMENT 00700—GENERAL CONDITIONS: (continued) written consent and approval of Owner. No such losses, damages,and expenses shall be included in the cost of the Work for the purpose of determining Contractor's fee. If, however,any such loss or damage requires reconstruction and Contractor is placed in charge thereof, Contractor shall be paid for services a fee proportionate to that stated in Paragraph 11.03A.2. g. The cost of utilities, fuel,and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site,expressage, and similar petty cash items in connection with the Work. i. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with Paragraph 5.02D.4. B. The term Cost of the Work shall not include any of the following: 1. Payroll costs and other compensation of Contractor's officers,executives, principals(of partnerships and sole proprietorships),general managers, engineers,architects, estimators, attorneys,auditors,accountants, purchasing and contracting agents,expediters,timekeepers,clerks, and other personnel employed by Contractor whether at the Site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.02A.1 or specifically covered by Paragraph 11.02A.4,all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. =3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work,and charges against Contractor for delinquent payments. 4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same(except for the cost of premiums covered by subparagraph 11.02A.5.i above). 5. Costs due to the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to,the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 6. Other overhead or general expense costs of any kind and the costs of any • item not specifically and expressly included in Paragraph 11.02A. 11.03 CONTRACTOR'S FEE: • A. The Contractor's Fee allowed to Contractor for overhead and profit shall be determined as follows: 1. A mutually acceptable fixed fee; or if none can be agreed upon, 00700 General Conditions 00700—35 DOCUMENT 00700—GENERAL CONDITIONS: (continued) .2. A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.02A.1 and 11.02A.2,the Contractor's Fee shall be l0%(negotiable with Owner); b. For costs incurred under Paragraph 11.02A.3,the Contractor's Fee shall be 5%; and if a subcontract is on the basis of Cost of the Work Plus a Fee,the maximum allowable to Contractor on account of overhead and profit of all Subcontractors shall be 10%(negotiable with Owner); c. Where one or more tiers of subcontracts are on the basis of the Cost of the Work Plus a Fee and no fixed fee is agreed upon,the intent of Paragraphs 11.03A and 11.02A.1 through A.3 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of ten percent(10%)of the costs incurred by such Subcontractor under Paragraphs 11.02A.1 and 11.02A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent(5%)of the amount paid to the next lower tier Subcontractor. d. No fee shall be payable on the basis of costs itemized under Paragraph 11.02A.4, 11.02A.5 and 11.028; e. The amount of credit to be allowed by Contractor to Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in Contractor's Fee by an amount equal to 10%of the net decrease;and f.: When both additions and credits are involved in any one change,the adjustment in Contractor's Fee shall be computed on the basis of the net change in accordance with Paragraphs 11.03A.2.a through 11.03A.2.d, inclusive. B. Whenever the cost of any Work is to be determined pursuant to Paragraph 11.02A or 11.02B, Contractor will submit in form acceptable to Engineer an.itemized cost breakdown together with supporting data. 11.04 CASH ALLOWANCES: A. Not applicable. 11.05 UNIT PRICE WORK: A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established Unit Prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer in accordance with Paragraph 9.08. B. Each Unit Price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. C. Where the quantity of any item of Unit Price Work performed by Contractor exceeds the estimated quantity of such item indicated in the Agreement by twenty-five 00700 General Conditions 00700—36 DOCUMENT 00700—GENERAL CONDITIONS: (continued) percent or more and there is no corresponding adjustment with respect to any other item of Work and if Contractor believes that Contractor has incurred additional expense as a result thereof,Contractor may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. 11.06 RIGHT OR AUDIT: A. Owner shall have the right to inspect and audit all of Contractor's books, records, correspondence, instructions, drawings, receipts, payment records,vouchers,and memoranda relating to the Work,and Contractor shall preserve all such records and supporting documentation for a period of three years after date of Final Payment. Contractor hereby grants to Owner the authority to enter Contractor's premises for the purpose of inspection of such records and supporting documentation or,at • Contractor's option, Contractor may make such records and supporting documentation available to Owner at a location satisfactory to Owner. B. All of the records and supporting documentation shall be open to inspection and subject to audit and reproduction by Owner or its authorized representative for any and all purposes, including but not limited to(i)compliance with the Contract Documents; (ii)proper pricing of Change Orders; and(iii)claims submitted by or against Contractor or any Subcontractor or Supplier in connection with any performance under the Contract Documents. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12.01 GENERAL: A. The Contract Times may only be changed by a Change Order or a Written Amendment. Contractor, in undertaking to complete the Work within the Contract Times, shall take into consideration and make allowances for all of the ordinary delays and hindrances incident to such Work,whether growing out of delays in securing equipment or materials or workmen or otherwise. B. Adjustments to the Contract Times will be made for delays in completion of the Work from causes beyond Contractor's control, including the following: 1. Federal embargoes, priority orders, or other restrictions imposed by the United States Government. 2. Unusual delay in fabrication or shipment of Equipment or Materials required in the Work, whether ordered by Contractor or furnished by Owner or others under separate contract. 3. Strikes and other labor disputes. 4. Delays caused,by court proceedings. 5. Change Orders. 6. Neglect,delay,or default of any other contractor employed by Owner. 7. Unusual construction delays resulting from weather conditions abnormal'to the geographical area and to the season of the year such as above normal continuous days of precipitation,above normal amount of precipitation within a 24 hour period, or above normal days of extreme cold or hot temperature conditions affecting installation/application due to manufacturers or specifications limitations. These conditions will not be cause for extensions of time if abnormal weather conditions do not affect the 00700 General Conditions 00700—37 DOCUMENT 00700—GENERAL CONDITIONS: (continued) stage of construction. All claims for extension of time due to abnormal weather conditions must be substantiated with evidence from a weather bureau or other authoritative source. Weather conditions normal to the geographical area and to the season of the year shall be taken into consideration in the Bid. Normal conditions shall be defined as the average number of days,amounts,or both over a 5-year period averaged per season. 8. Conflicts,errors or discrepancies in the Contract Documents reported to Engineer as provided in these General Conditions. 9. Any failure or delay by Contractor in supplying equipment, materials, work, or services that are Year 2000 compliant or failure or delay by Contractor's Subcontractors or Suppliers in providing equipment, materials,work,or services as a result of Subcontractors' or Suppliers' lack of Year 2000 compliance in their own operations, systems, or processes used to provide or deliver equipment, material, work,or services shall not be considered to be caused by events beyond Contractor's control. Such Year 2000 compliance problems shall not constitute a basis for delay in completion of the Work, adjustment to the Contract Times,or an excuse for Contract nonperformance. C. Owner shall award extensions of the Contract Times on account of such causes of delay, provided that adequate evidence is presented to enable Engineer to determine with exactness the extent and duration of delay for each item involved. D. No extension to the Contract Times will be granted for delays involving only portions of the Work,or which do not directly affect the time required for completion of the entire Work. E. Any claim for an extension to the Contract Times shall be delivered in writing to Owner and Engineer within ten days of the occurrence of the event giving rise to the claim. All claims for adjustment to the Contract Times will be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change to the Contract Times resulting from any such claim will be incorporated in a Change Order or h Written Amendment. F. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers,architects,attorneys and other professionals,and court and arbitration costs)for delay by either party. ARTICLE 13- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 13.01 WARRANTY AND GUARANTEE: A. Contractor warrants and guarantees to Owner and Engineer that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work,whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. B. No provision in the Contract Documents nor any specified guarantee time limit shall be held to limit Contractor's liability for defects to less than the legal limit of liability in accordance with the Law. 00700 General Conditions 00700—38 DOCUMENT 00700—GENERAL CONDITIONS: (continued) C. All Equipment and Materials furnished by Contractor for the Work shall carry a written guarantee from the manufacturer or Supplier of such items when called for in the Specifications. Written guarantees shall be submitted to Engineer with other Submittals. Engineer will transmit such guarantees to Owner for review. 13.02 ACCESS TO THE WORK: A. Engineer and Engineer's representatives,other representatives of Owner,testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting,and testing. Contractor shall provide proper and safe conditions for such access. 13.03 TESTS AND INSPECTIONS: A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,tests, or approvals and shall cooperate with inspection and testing personnel. • B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests,or approvals required by the Contract Documents except: • • 1. for inspections,tests,or approvals covered by Paragraphs 13.03C and 13.03D below; 2. that costs incurred in connections with tests or inspections conducted • pursuant to Paragraph 13.05B shall be paid as provided in said Paragraph 13.05B; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof)to specifically be inspected,tested,or approved,Contractor shall assume full responsibility therefor,pay all costs in connection therewith, and furnish Engineer the required certificates of inspection,testing,or approval. D. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a Supplier of Materials or Equipment proposed to be incorporated in the Work, or of Materials or Equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. E. All inspections,tests,or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to Owner and Contractor(or by Engineer if so specified). F. If any Work(including the work of others)that is to be inspected,tested,or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. G. Neither observations by Engineer nor inspections,tests, or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 00700 General Conditions 00700—39 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 13.04 DEFECTIVE WORK: A. The term"defective" is used in these documents to describe Work that is unsatisfactory,faulty,not in conformance with the requirements of the Contract Documents,or not meeting the requirements of any inspection,test,approval,or acceptance required by Law or the Contract Documents. B. Any defective Work may be disapproved or rejected by Engineer at any time before final acceptance even though it may have been overlooked and included in a previous Application for Payment. C. Prompt notice will be given by Engineer to Contractor of defects as they become evident. 13.05 UNCOVERING WORK: A. If any Work is covered contrary to the written request of Engineer, it shall, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others,Contractor, at Engineer's request,shall uncover, expose,or otherwise make available for observation, inspection,or testing as Engineer may require,that portion of the Work in question,furnishing all necessary labor, material,and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect,and consequential costs of such uncovering, exposure, observation, inspection,and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers,architects,attorneys,and other professionals); and Owner shall be entitled to an appropriate decrease in the Contract Price,and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times,or both,directly attributable to such uncovering, exposure, observation, inspection,testing,and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof,Contractor may make a claim therefor as provided in Articles 11 and 12. 13.06 OWNER MAY STOP THE WORK: A. If the Work is defective,or Contractor fails to supply sufficient skilled workers or • suitable materials or equipment,or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work,or any portion thereof, until the cause for such order has been eliminated; however,this right of Owner to stop the'Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK: A. If required by Engineer,Contractor shall promptly, as directed,either correct all defective Work, whether or not fabricated, installed or completed,or, if the Work has been rejected by Engineer,remove it from the Site and replace it with nondefective Work. Contractor shall bear all direct, indirect, and consequential costs of such 00700 General Conditions 00700—40 � DOCUMENT 00700—GENERAL CONDITIONS: (continued) correction or removal (including but not limited to fees and charges of engineers, architects,attorneys,and other professionals)made necessary thereby. 13.08. TWO-YEAR WARRANTY AND CORRECTION PERIOD: A. Before final acceptance of the project,the contractor shall provide a maintenance bond in accordance with section 158.03 of the City of Fayetteville Unified Development Code. The bond shall be in the amount of 25%of the total contract price for a period of two years from the date of Substantial Completion. If within two years after the Date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents,any Work is found to be defective,Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions,either correct such defective Work, or, if it has been rejected by Owner, remove it from the Site and replace it with nondefective Work. If Contractor does not promptly comply with the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage,Owner may have the defective Work corrected or the rejected Work removed and replaced,and all direct, indirect,and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys, and other professionals)will be paid by Contractor. In special circumstances where a particular item of Equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.09 ACCEPTANCE OF DEFECTIVE WORK: A. lf, instead of requiring correction or removal and replacement of defective Work, Owner and,prior to Engineer's recommendation of final payment, also Engineer prefers to accept it,Owner may do so. Contractor shall bear all direct, indirect, and consequential costs attributable to Owner's evaluation of and determination to accept such defective Work(such costs to be approved by Engineer as to reasonableness and to include but not be limited to fees and charges of engineers,architects,attorneys, and other professionals). If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work;and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.10 OWNER MAY CORRECT DEFECTIVE WORK: A. If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.07,or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may,after seven days' written notice to Contractor, correct and remedy any 00700 General Conditions s 00700—41 DOCUMENT 00700—GENERAL CONDITIONS: (continued) such deficiency. In exercising the rights and remedies under this Paragraph,Owner shall proceed expeditiously. B. To the extent necessary to complete corrective and remedial action,Owner may exclude Contractor from all or part of the Site,take possession of all'or part of the Work, and suspend Contractor's services related thereto,take possession of Contractor's tools,appliances,construction equipment,and machinery at the Site and incorporate in the Work all Equipment and Materials stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. C. Contractor shall allow Owner,Owner's representatives, agents,and employees such access to the Site as may be necessary to enable Owner to exercise the rights and remedies under this Paragraph. D. All direct, indirect, and consequential costs of Owner in exercising such rights and remedies will be charged against Contractor in an amount approved as to reasonableness by Engineer„ and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefor as provided in Article 11. Such direct, indirect,and consequential costs will include but not be limited to fees and charges of engineers,architects,attorneys and other professionals,all court and arbitration costs, and all costs of repair and replacement of work of others destroyed or damaged by correction,removal,or replacement of Contractor's defective Work. E. Contractor shall not be allowed an extension of the Contract Times because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 SCHEDULE OF VALUES: A. The schedule of values established will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 APPLICATION FOR PROGRESS PAYMENT: A. Not later than the 15'day of each month,or on the next business day thereafter,(but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. B. Beginning with the second Application for Payment,each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. C. If payment is requested on the basis of Equipment and Materials not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale, 00700 General Conditions 00700—42 DOCUMENT 00700—GENERAL CONDITIONS: (continued) invoice,or other documentation warranting that Owner has received the Equipment and Materials free and clear of all liens,charges, security interests,and encumbrances (which are hereinafter in these General Conditions referred to as"Liens")and evidence that the Equipment and Materials are covered by appropriate property insurance and other arrangements to protect Owner's interest therein,all of which will be satisfactory to Owner. D. The amount of retainage with respect to progress payments will be as stipulated in Paragraph 14.04G. 14.03 CONTRACTOR'S WARRANTY OF TITLE: A. Contractor warrants and guarantees that title to all Work, Materials,and Equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: A. Engineer will, within seven days after receipt of each Application For Payment, either indicate in writing a recommendation of payment and present the Application to Owner(subject to the provisions of the last sentence of Paragraph 14.04D),or return the Application.to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case,Contractor may make the necessary corrections and resubmit the Application. After the required internal reviews and processing by the Owner,the Owner will diligently proceed to make payment to the Contractor, in accordance with the approved payment request,within 30 days. All efforts will be made to make payments within the 30 day period,but the Owner cannot guarantee the 30 days maximum time. B. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's on-Site observations of the Work in progress as experienced and qualified design professionals and on Engineer's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated;that,to the best of Engineer's knowledge, information,and belief,the quality of the Work is in accordance with the Contract Documents(subject to an • evaluation of the Work as a functioning whole prior to or upon Substantial Completion,to the results of any subsequent tests called for in the Contract Documents,to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.08,and to any other qualifications stated in the recommendation);and that Contractor is entitled to payment of the amount recommended. However, by recommending any such payment, Engineer will not thereby be deemed to have represented that exhaustive or continuous on-Site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents,or that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or Owner to withhold payment to Contractor. C. Engineer's recommendation of final payment will constitute an additional representation by Engineer to Owner that the conditions precedent to Contractor's being entitled to final payment as set forth in Paragraph 14.09 have been fulfilled. 00700 General Conditions 00700—43 DOCUMENT 00700—GENERAL CONDITIONS: (continued) D. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make such representations to Owner. Engineer may also refuse to recommend any such payment,or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended,to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: 1. The Work is defective,or completed Work has been damaged requiring correction or replacement. 2. Written claims have been made against Owner or Liens have been filed in connection with the Work. 3. The Contract Price has been reduced by Written Amendment or Change Order 4. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.10, 5. Of Engineer's 'actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02B. 6. Of Contractor's unsatisfactory prosecution of the Work in accordance with the Contract Documents. 7. Contractor's failure to make payment to Subcontractors,or for labor, Materials, or Equipment,or 8. Engineer shall not certify payments requesting more than eighty(80)percent of the Contract amount until such time as all operation, maintenance,repair, and replacement manuals,and product data has been furnished by the Contractor to the Owner. E. Owner may refuse to make payment of the full amount recommended by Engineer because claims have been made against Owner on account of Contractor's performance of furnishing of the Work, or Liens have been filed in connection with the Work,or there are other items entitling Owner to a set-off against the amount recommended,but Owner must give Contractor immediate written notice(with a copy to Engineer)stating the reasons for such action. F. When all grounds for withholding payment are removed, payment will be made in the amounts withheld because of them. G. Progress payments will be in the amount of 95%of the amount of the Work completed and 100%of Equipment and Materials suitably stored and documented as indicated on the Application for Payment less the sum of all previous payments. The owner may forego withholding retainage of the progress payments if the construction contract is fifty-percent(50%)'complete and the contractor has provided the work in a satisfactory manner. 14.05 SUBSTANTIAL COMPLETION: A. When Contractor considers the entire Work ready for its intended use,Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete(except for items specifically listed by Contractor as incomplete)and request that Engineer issue a certificate of Substantial Completion. B. Within a reasonable time thereafter, Contractor,and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, 00700 General Conditions 00700—44 • DOCUMENT 00700—GENERAL CONDITIONS: (continued) Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion which will fix the Date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. C. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. lf, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within fourteen days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If,after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion(with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to • division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities., insurance,and warranties. E. . Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. F. Owner shall have the right to exclude Contractor from the Work after the Date of Substantial Completion,but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 14.06 PARTIAL UTILIZATION: A. Use by Owner of any finished part of the Work, which has specifically been identified in the Contract Documents, or which Owner, Engineer,and Contractor agree constitutes a separately functioning and useable part of the Work that can be used by Owner without significant interference with Contractor's performance of the remainder of the Work,may be accomplished prior to Substantial Completion of all the Work subject to the following: 1. Owner at any time may request Contractor in writing to permit Owner to use any such part of the Work which Owner believes to be ready for its intended • use and substantially complete. If Contractor agrees,Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request,Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing 00700 General Conditions 00700—45 DOCUMENT 00700—GENERAL CONDITIONS: (continued) giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete,the provisions of Paragraph 14.05 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. Owner may at any time request Contractor in writing to permit Owner to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to Engineer and within a reasonable time thereafter,Owner,Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If Contractor does not object in writing to Owner and Engineer that such part of the Work is not ready for separate . operation by Owner, Engineer will finalize the list of items to be completed or corrected and will deliver such list to Owner and Contractor together with a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security,operation, safety, maintenance, utilities, insurance, warranties,and guarantees for that part of the Work, which will become binding upon Owner and Contractor at the time when Owner takes over such operation(unless they shall have otherwise agreed in writing and so informed Engineer). During such operation and prior to Substantial Completion of such part of the Work, Owner shall allow Contractor reasonable access to complete or correct items on said list and to complete other related Work. 3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Paragraph 5.021 in respect of property insurance. 14.07 FINAL INSPECTION: A. Upon written notice from Contractor that the Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner, Engineer, and Contractor and will notify Contractor in writing of all particulars in which this - inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 14.08 FINAL APPLICATION FOR PAYMENT: A. After Contractor has completed all such corrections to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds,certificates of inspection, marked-up record documents, and other documents -all as required by the Contract Documents,and after Engineer has indicated that the Work is acceptable(subject to the provisions of Paragraph 14.11), Contractor may make application for final payment following the procedure for progress payments. B. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents,together with complete and legally effective releases or waivers(satisfactory to Owner)of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner,Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor,services, Material, and Equipment for which a Lien could be filed, and that all payrolls, Equipment and Material bills,and other indebtedness connected 00700 General Conditions '00700—46 DOCUMENT 00700—GENERAL CONDITIONS: (continued) with the Work for which Owner or Owner's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full,Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 14.09 FINAL PAYMENT AND ACCEPTANCE: A. If,on the basis of Engineer's observation of the Work during construction and final inspection,and Engineer's review of the final Application for Payment and accompanying documentation--all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will,within fourteen days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon, Engineer will give written notice to Owner and Contractor that the Work is acceptable(subject to the provisions of Paragraph 14.11). Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Thirty days after presentation to Owner of the Application and accompanying documentation, in appropriate form and substance, and with Engineer's recommendation and notice of acceptability,the amount recommended by Engineer will become due and will be paid by Owner to Contractor. B. If,through no fault of Contractor,final completion of the Work is significantly delayed and if Engineer so confirms,Owner shall, upon receipt of Contractor's final •Application for Payment and recommendation of Engineer,and without terminating the Agreement,make payment of the balance due for that portion of the Work fully completed and accepted. The written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. C. The Final Pay Estimate will include all sums remaining to be paid. 14.10 CONTRACTOR'S CONTINUING OBLIGATION: A. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer,nor the issuance of a certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor any review and approval of a Submittal,nor the issuance of a notice of acceptability by Engineer pursuant to Paragraph 14.09,nor any correction of defective Work by Owner will constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents(except as provided in Paragraph 14.11). 00700 General Conditions 00700—47 DOCUMENT 00700—GENERAL CONDITIONS: (continued) • 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute: A. A waiver of all claims by Owner against Contractor,except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Paragraph 14.07,or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute.a waiver by Owner of any rights in respect of Contractor's continuing obligations under the Contract Documents; and B. A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 14.12 INTEREST: NOT APPLICABLE. ARTICLE 15- SUSPENSION OF WORK AND TERMINATION 15.01 OWNER MAY SUSPEND WORK: A. Owner may,at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Contractor,and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both,directly attributable to any suspension if Contractor makes an approved claim therefor as provided in Articles 11 and 12. 15.02 OWNER MAY TERMINATE: A. Upon the occurrence of any one or more of the following events: 1. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code(Title 11, United States Code), as now or hereafter in effect,or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state Law in effect at such time relating to the bankruptcy or insolvency; 2. If a petition is filed against Contractor under any chapter of the bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state Law in effect at the time relating to bankruptcy or insolvency; 3. If Contractor makes a general assignment for the benefit of creditors; 4. If a trustee,receiver, custodian, or agent of Contractor is appointed under applicable Law or under contract,whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5. If Contractor admits in writing an inability to pay its debts generally as they become due; 6. If Contractor persistently fails to perform the Work in accordance with the Contract Documents(including, but not limited to,failure to supply sufficient skilled workers or suitable Equipment or Materials or failure to 00700 General Conditions 00700-48 DOCUMENT 00700—GENERAL CONDITIONS: (continued) adhere to the progress schedule established under Paragraph 2.07 as revised from time to time); 7. If Contractor disregards Laws or Regulations of any public body having jurisdiction; 8. If Contractor disregards the authority of Engineer;or 9. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents; B. Owner may, after giving Contractor(and the surety, if there be one)ten days' written notice and to theextent permitted by Laws and Regulations,terminate the services of Contractor,exclude Contractor from the Site and take possession of the Work and of all Contractor's tools,appliances, construction equipment, and machinery at the Site and use the same to the full extent they could be used by Contractor(without liability to Contractor for trespass or conversion), incorporate in the Work all Equipment and Materials stored at the Site or for which Owner has paid Contractor but which are stored elsewhere,and finish the Work as Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect,and consequential costs of completing the Work(including but not limited to fees and charges of engineers,architects, attorneys and other professionals, and court and arbitration costs), such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner will be approved as to reasonableness by Engineer and incorporated in a Change Order,but when exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. C. Where Contractor's services have been so terminated by Owner,the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due to Contractor by Owner will not release Contractor from liability. D. Upon ten days' written notice to Contractor and Engineer, Owner may,without cause and without prejudice to any other right or remedy,elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to,direct, indirect,and consequential costs(including, but not limited to,fees and charges of engineers,architects, attorneys and other professionals,and court and arbitration costs). 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: A. If,through no act or fault of Contractor,the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority,or Engineer fails to act on any Application for Payment within 30 days after it is submitted,or Owner fails for 30 days to pay Contractor any sum finally determined to be due,then Contractor may, upon ten days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid,Contractor may upon ten days' written notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this Paragraph shall not relieve Contractor of 00700 General Conditions 00700—49 DOCUMENT 00700—GENERAL CONDITIONS: (continued) the obligations under Paragraph 6.15 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. ARTICLE 16- RESOLUTION OF DISPUTES 16.01 RESOLUTION OF CLAIMS AND DISPUTES A. Contractor's claims against Owner will be reviewed by Engineer, who shall take one or more of the following actions within ten(10)days after receipt of a claim: 1. Request additional supporting data from the claimant; 2. Submit a schedule to Contractor indicating reasonable time within which Engineer expects to take action; 3. Reject the Claim in whole or in part,stating reasons for rejection; 4. Recommend approval of the claim; or 5. Suggest a compromise. B. Owner's claims against Contractor will be reviewed by Contractor who shall take one or more of the following actions within ten(10)days after receipt of the Claim: 1. Request additional supporting data from Engineer; 2. Submit a schedule to the Engineer indicating a reasonable time within which Contractor expects to take action; 3. Deny the claim in whole or in part, stating reasons-for denial; 4. Recommend approval of the claim;or • 5. Suggest a compromise. C. If a claim has been resolved,the Owner will prepare or obtain appropriate documentation. D. If a claim has been denied or if no action has been taken in the manner provided in Paragraphs 16.01A or 16.01B,then the claimant, within ten(10)days thereafter, may notify the Owner,the other party,and Contractor's surety that Engineer and Contractor have been unable to resolve the claim. In that event,the Owner,pursuant to Paragraph 16.01E shall review the claim and make a decision on the claim. E. If a claim is presented to the Owner,then the Owner shall review the claim and make a decision within fourteen(14)days. F. Disputes that cannot be settled through negotiation or the procedures in Paragraphs 16.01A through 16.01E above,shall be settled as mutually agreed or in a court of competent jurisdiction within the State of Arkansas. G. Arbitration shall not be used in the settlement of disputes. ARTICLE 17- MISCELLANEOUS 17.01 GIVING NOTICE: A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 00700 General Conditions 00700—50 DOCUMENT 00700—GENERAL CONDITIONS: (continued) 17.02 COMPUTATION OF TIME: A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the Law of the applicable jurisdiction, such day will be omitted from the computation. B. A calendar day of 24 hours measured from midnight to the next midnight shall 1 constitute a day. 17.03 CLAIMS, CUMULATIVE REMEDIES: A. Should Owner or Contractor suffer injury or damage to person or property because of any error, omission,or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable,claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. B. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto,and, in particular but without limitation,the warranties,guarantees and obligations imposed upon Contractor by Paragraphs 6.16A, 13.01, 13.08, 13.10, 14.03,and 15.02A and all of the rights and remedies available to Owner and Engineer thereunder, are in addition to,and are not to be construed in any way as a limitation of,any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents,and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty,obligation, right, and remedy to which they apply. All representations, warranties,and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.04 FREEDOM OF INFORMATION ACT: • A. City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville,the contactor shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A. §25-19-101 et. seq.) Only legally• authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. END OF DOCUMENT 00700 00700 General Conditions 00700—51 SECTION 00800—SUPPLEMENTAL CONDITONS � PART 1 - GENERAL 1.01 SUMMARY: A. This Section summarizes Supplemental Conditions that apply to this Work in addition (supplemental to)to General Conditions, Contract Documents and other Specifications for 2018 Sanitary Sewer Cured In Place Pipe, Bid 18-22, Construction. 1.02 ARKANSAS STATE LAW A.C.A. $ 22-9-101 A. Comply with all Federal, State and Local laws and regulations including but not limited to Arkansas Code § 22-9-101 . 1. Title 22 Public Property Chapter 9 Public Works Subchapter 1 --General Provisions A.C.A. § 22-9-101. Observation by registered professionals required. Universal Citation: AR Code § 22-9-101 (2016) ``(a)The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications,and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102, in their respective areas of expertise. (b)Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure: (1) For an engineering project does not exceed twenty-five thousand dollars ($25,000); or (2) For an architectural project does not exceed one hundred thousand dollars ($100,000). (c)This section shall not apply to any school district,county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies." 1.03 WORK PLAN A. Work plan provided by owner and accepted by Contractor. 1. The Work and work plan shall be provided by the City of Fayetteville Utilities. The work plan shall be approved in writing prior to construction by a minimum of: a. The Contractor. b. The Utilities Manager or Director. 00800_Supplemental_Conditions 00800— 1 . • SECTION 00800—SUPPLEMENTAL CONDITONS (continued) • c. The sewer Superintendent. d. The Utilities Engineer. 1.04 PROPERTY LINES AND MONUMENTS: A. The Contractor shall protect all property corner markers,and when any such marker or monuments are in danger of being disturbed,they shall be properly referenced and if disturbed shall be reset at the expense of the Contractor. 1.05 EXPLOSIVES: A. Explosives shall not be used. 1.06 CLEANUP: A. During construction of the work,the Contractor shall at all times, keep the site of the • work and adjacent premises as free from material, debris,and rubbish,as is practicable, shall remove same from any portion of the site, if in the opinion of the City of Fayetteville such material debris, or rubbish constitutes a nuisance or is objectionable. B. The Contractor shall remove from the site all of his surplus materials and temporary structures when no further need therefore develops. 1.07 PROJECT MAINTENANCE: A. The Contractor shall maintain and keep in good repair the work contemplated under these plans, specifications,drawings,etc.,and shall perform for a period as set forth in the Maintenance Bond from the date of acceptance all necessary repair, reconstruction and renewal of any part of said construction and shall furnish the labor and materials to make good and to repair any defective condition growing out of or on the account of the breakage or failure of any substance or the improper function of same. Said maintenance contemplates the complete restoration to a functional use during the said period as set forth in the Maintenance Bond. 1.08 PROTECTION OF IMPROVEMENTS: A. The Contractor shall be entirely responsible for the protection of all improvements that are not designated by the City of Fayetteville to be removed for proper construction of the project. This shall include sidewalks, building walls,existing inlets and manholes, underground utilities,shrubs,trees, signs,sod and fences. The Contractor shall be entirely responsible for the protection of all pavements adjacent to the project. • 00800-Supplemental Conditions . 00800—2 SECTION 00800—SUPPLEMENTAL CONDITONS (continued) 1.09 ACCIDENT REPORTING: A. The Contractor must report in writing to the City of Fayetteville all accidents whatsoever arising out of, or in connections with the performance of the work, whether on,or adjacent to,the site,which caused death, personal injury,or property damages,giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused,the accident shall be reported immediately by telephone or messenger to the City of Fayetteville. B. If any claim is made by anyone against the Contractor or any subcontractor on account of any accident,the Contractor shall promptly report the facts in writing to the City of Fayetteville giving full details of the claim. 1.10 ARRANGEMENTS FOR WATER A. Water used for installation purposes,jetting or flooding trenches,sprinkling,testing and flushing of pipelines or any other purpose incidental to this project,will be furnished by the Contractor. The Contractor shall make the necessary arrangements for securing the transporting of such water and shall take such water in a manner and at such time that will not produce a harmful drain or decrease of pressure in the City of Fayetteville's WATER SYSTEM. Water shall not be used in a wasteful manner. B. The Contractor shall be billed and shall pay for all water used. C. Backflow prevention is required on Contractor's equipment during filling operations. 1.11 USE OF FIRE HYDRANTS A. No person shall open,turn off, interfere with,attach any pipe or hose to,or connect anything with any fire hydrant, stop valve or stop cock,or tap any water main belonging to the City of Fayetteville, unless duly authorized to do so by the City of Fayetteville Water Department. B. Water utilized from fire hydrants shall be in a manner pre-approved and acceptable to the City of Fayetteville. Such use shall include metering and backflow prevention equipment acceptable to the City of Fayetteville. The Contractor is responsible for any adverse impact on the water distribution system including but not limited to damage to the system from water hammer and transient forces resulting from his filling operations. C. The Contractor shall be billed and shall pay for all water used. D. Backflow prevention is required on Contractor's equipment during filling operations. 1.12 NO TREES SHALL BE CUT. A. No tress shall be cut except upon the specific authority by the City of Fayetteville. Trees adjacent to the work shall be protected from all damage by the construction operations. 00800-Supplemental Conditions 00800—3 SECTION 00800—SUPPLEMENTAL CONDITONS (continued) 1.13 REMOVAL OF TREES, FENCES, ETC. A. Fences within the right-of-way of fhis project shall be kept in good repair and closed at all times,except when it is necessary to move machinery and equipment through the fence. Gates shall be closed immediately after use. When the project is complete, the Contractor shall repair all fences and gates that have been moved or damaged by the Contractor as a result of construction. Fences shall be left in repair equal to the original condition. No separate compensation shall be made for this work. B. Where surface drainage channels are disturbed or blocked during construction,they shall be restored to their original condition of grade and cross section after the work of construction is completed. C. The Contractor shall not be held liable for unavoidable damage to crops provided such damage occurs within the construction easement provided by the City of Fayetteville. 1.14 POLES, SIGNS,GUY WIRES, ETC A. All utility poles and guy wires,private sign posts, signs and guy wires,and similar private obstructions which interfere with the construction of this project will be removed and replaced, or moved to new permanent locations by the Owners thereof without cost to the Contractor. B. The removal and replacement of City of Fayetteville street sign posts and signs are the responsibility of the Contractor. The Contractor shall be responsible for all damage to street signposts and signs within the limits of his operations that remain in place or are removed and replaced. In the event street sign posts and signs are injured or destroyed by the Contractor's operations,they shall be replaced by the Contractor. No separate compensation will be paid for this work, but the costs thereof shall be included in such contract pay items as are provided. 1.15 EXISTING UTILITIES AND SERVICE LINES: A. Prior to the start of any excavation by the Contractor,the Contractor shall. communicate with ARKANSAS ONE CALL,the proper representative of all the utility systems included but not limited to the water and sewer department,the gas company,electric company,telephone company and any other private utility companies and advise said representative of the route of the proposed construction, in order to obtain the assistance of the utility in the location of and in the avoidance of conflicting with utility lines. B. The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. Where existing utilities or service lines are cut, broken,or damaged,the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction,or better, at his own cost and expense,with the exception of those items included in the bid schedule. 00800-Supplemental Conditions 00800—4 SECTION 00800—SUPPLEMENTAL CONDITONS (continued) C. The Contractor shall comply with the"Arkansas Underground Facilities Damage Prevention Act" including latest amendments,the Arkansas One-Call System, and shall alert potentially conflicting utility systems accordingly. D. The Contractor is responsible for protecting public and private property. The Contractor is responsible for the Contractor's safety plan and implementation. 1.16 EXISTING STRUCTURES: A. No construction plans have been prepared for this contract. It is the Contractor's responsibility to verify the locations of existing surface and subsurface structures. It is mutually agreed that such shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal, in which case the provisions in these specifications for extra work shall apply. 1.17 DRAINAGE: A. The Contractor shall provide at his own cost and expense all methods for adequately draining the work. No separate measurement or compensation will be paid for sub- drains or other methods of draining, but the cost thereof shall be included in such contract pay items as are provided in the Proposal and Contract. 1.18 CONSTRUCTION IN CITY STREETS AND PRIVATE DRIVES: A. It shall be the responsibility of the Contractor to build and maintain all weather bypasses and detours, if necessary,and to properly light, barricade,and mark all bypasses and detours that might be required on and across the streets involved in the work included in this contract. B. Street shall remain open to traffic at all times unless special permission for closing the street is given by the City of Fayetteville. After permission is given for closing any portion of the street,the Contractor shall be responsible for notifying the Police and Fire Department 24(24) hours in advance of such closing. C. The Contractor shall make every effort to complete construction and allow immediate access to adjacent property at all driveway entrances located along the streets. Owners or tenants or improvements where access and/or entrance drives are located shall be notified at least eight(8)hours prior to the time the construction will be started at their driveways or entrances and informed as to the length of time driveways will be closed. D. During wet weather the Contractor shall construct temporary gravel crossings and wooden walkways to allow ingress and egress across excavated areas at no expense to the City of Fayetteville and as directed by the City of Fayetteville. 00800-Supplemental Conditions 00800—5 SECTION 00800—SUPPLEMENTAL CONDITONS (continued) E. The Contractor shall at all times, keep a sufficient width of the roadway clear of dirt and other materials to allow the free flow of traffic. The Contactor shall assume any and all responsibility for damage, person or otherwise,that may be caused by the construction along City of Fayetteville streets or private drives. F. If it becomes apparent that barricades do not sufficiently protect the general public and the Contractor's workmen from traffic hazards,the Contractor may be required to furnish such flagmen and/or watchmen as may be deemed necessary to properly direct traffic. 1.19 CONSTRUCTION IN ARKANSAS HIGHWAY DEPARTMENT RIGHT-OF-WAY: A. Where the work encroaches upon any right-of-way of the Arkansas Highway Department,the City of Fayetteville will secure the necessary permits for the work. Where highways are crossed,the Contractor shall observe all the regulations and instructions of the Arkansas Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the Arkansas Highway Department except for permits shall be made by the Contractor. The Arkansas Highway Department shall be notified by the Contractor not less than five days previous to the time of his intention to begin work. 1.20 MAINTENANCE OF STORM SEWER AND UTILITIES THAT CROSS EXISTING ROADWAY: A. The Contractor shall maintain at all times during construction storm sewer and utility crossings of existing roadways at no expense to the City of Fayetteville. Storm sewers and utilities crossing existing roadways shall be back-filled in accordance with the provisions of these specifications to an elevation six inches below the elevation of the existing roadway. A six-inch thick compacted gravel base shall be constructed to the elevation of the existing pavement within the limits shall be maintained throughout the construction. Potholes appearing in the existing pavement,which in the opinion of the City of Fayetteville is a hazard to the general public, shall be filled and maintained as directed by the City of Fayetteville. 1.21 BARRICADES, LIGHTS AND WATCHMEN: A. Where the work is carried on in or adjacent to any street,alley or public place,the Contractor shall at his own cost and expense furnish and erect such barricades, fences, battery type flasher-markers and danger signals, shall provide such watchmen,and shall provide such other precautionary measures including but not limited to flagmen and detours for the protection of persons or property and of the work as are necessary. All signs, barricades,and traffic control devices shall be placed and maintained in accordance with the MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES(MUTCD), latest edition. B. From sunset to sunrise,the Contractor shall furnish and maintain at least one battery type flasher-marker at each barricade and sufficient number of barricades shall be 00800-Supplemental Conditions 00800—6 SECTION 00800—SUPPLEMENTAL CONDITONS (continued) erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. C. The Contractor will be held responsible for all damage to the work due to failure of barricades,signs, lights, and watchmen to protect it, and whenever evidence is found of such damage,the City of Fayetteville may order the damaged portion immediately removed and replaced by the Contractor at his cost and expense. The Contractor's responsibility for the maintenance of barricades,signs,and lights,and for providing watchmen shall not cease until the project shall have been accepted by the City of Fayetteville. D. During the prosecution of the work,the Contractor shall obstruct public travel as little as possible and in no case shall there be less than twelve(12)feet in width of unobstructed roadway for the use of traffic. Materials and equipment stored in or near the path of traffic shall be protected with red flags during the day and with lights during the night. 1.22 PROTECTION OF EXISTING WATER VALVE BOXES A. Protection of existing water valve boxes located within the limits of the work shall subsequently be the responsibility of the Contractor. Failure to show water valve box locations on the plans does not relieve the Contractor of the responsibility to prevent damage to the valve and boxes. 1.23 SURPLUS MATERIALS A. \ Surplus materials shall be disposed of by the Contractor at his own cost and expense in compliance with all Federal, State and Local regulations. 1.24 SALVAGED MATERIALS A. All materials removed during the construction of the project as salvaged materials shall be removed,cleaned, hauled to and stacked on the City of Fayetteville's grounds. Salvaged materials shall be the property of the City of Fayetteville. 1.25 FINAL CLEAN-UP A. Upon completion of the work and before acceptance and final payment,the Contractor shall clean, remove rubbish, unused materials and temporary structures from the limits of the project and restore in a manner acceptable to the Engineer,all property, both public and private,that has been damaged by the Contractor during the prosecution of the work, and shall level and grade all portions of the work where the surface of the natural ground or street surface has been disturbed during construction and shall leave the site of the work in a neat and presentable condition, free from ruts or holes. 00800-Supplemental Conditions 00800—7 SECTION 00800—SUPPLEMENTAL CONDITONS (continued) B. Material cleared from the limits of the project and deposited on adjacent property will not be considered satisfactory unless prior approval is obtained from the property owner involved,the work is accomplished to the satisfaction of the City of Fayetteville,and a proper City of Fayetteville grading permit is issued, if required. 1.26 PRIVATE PROPERTY ACCESS A. The Contractor shall not enter upon or use private property except as allowed by easements or if the Contractor obtains specific written prior permission from the property owner. 1.27 COMPANY LOGO • A. All equipment used on the project shall be clearly marked with the Contractor's name and LOGO. Subcontractor equipment shall also be similarly marked. 1.28 TRENCH SAFETY SYSTEM -CONTRACTOR A. Should excavation by the contractor become necessary then the Contractor shall comply with Specification 02003 -TRENCH SAFETY/PROTECTIVE SYSTEMS. PART 2 - PRODUCTS—NOT APPLICABLE. PART 3- EXECUTION—NOT APPLICABLE. END OF SECTION 00800 • 00800-Supplemental Conditions 00800—8 SECTION 01110—SUMMARY OF WORK PART 1 - GENERAL 1.01 SUMMARY: A. This Section summarizes the Work and supplements the information detail in the complete Contract Documents. B. Owner: The City of Fayetteville,Arkansas, 113 West Mountain Street, Fayetteville, AR 72701 is contracting for Work described in the Contract Documents. 1. Contract Identification: 2018 Sanitary Sewer Cured In Place Pipe Bid 18-22, Construction 2. Location: Fayetteville, Arkansas. C. Engineer: The Contract Documents were prepared by City of Fayetteville. 1.02 PROJECT DESCRIPTION: A. This Project is a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs.The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. B. The contract may be renewed for additional periods up to four(4)additional contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the Contractor. 1.03 WORK BY OTHERS: A. Work Under Other Contracts:None. B. Work by Owner: 1. The intent of this contract is for the City of Fayetteville to perform all excavations to include external lateral reinstatements,required point repairs, and obstruction removal. The CONTRACTOR shall not be required to do this excavation without a written work directive change. All references to work relative to excavation only apply if the contractor performed the excavation. C. Other Activities: None 1.04 CONTRACTOR'S USE OF PREMISES: A. During the construction period, Contractor shall have use of the easement and rights- of-way subject to the Regulatory Authority governing such easements and rights-of- way. 1.05 OWNER'S USE OF PREMISES: A. Partial Owner Occupancy: The Owner reserves the right to occupy completed areas of the contract, prior to Substantial Completion provided that such occupancy does not interfere with completion of the Work. Such partial occupancy shall not constitute acceptance of the total Work. 01110-Summary of Work 01110—1 SECTION 01110—SUMMARY OF WORK(continued) 1.06 WORK SEQUENCE: A. The City of Fayetteville Utilities Division will prepare the Work Plan. B. The Work Plan will be provided by owner and accepted by Contractor. C. The Work must be completed within the calendar year. D. Construction sequence shall be determined by Contractor subject to Owner's need for continuous operation of existing facilities,and subject to the requirements as indicated or specified. E. The Contractor shall arrange crews in a way to have continuous work from the time a particular project has begun until it is complete. It shall be the responsibility of the ' Contractor to inform the City of Fayetteville regarding dates and locations of work activities that may impact the flow of traffic. F. Construction sequence shall be determined by Contractor subject to Owner's need for continuous operation of existing facilities,and subject to the requirements as indicated or specified. G. It shall be the responsibility of the Contractor,48 hours prior to the initiation of construction on easements through private property,to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication,the Contractor shall inform the agency having jurisdiction in the area forty-eight(48)hours prior to initiation of the work. H. Continuous Service of Existing Facilities: Exercise caution and schedule operations to ensure that functioning of present facilities will not be disrupted. Shutdown of Owner's operating facilities to perform the Work shall be held to a minimum length of time and shall be coordinated with Owner who shall have control over the timing and schedules of such shutdowns. 1.07 PREORDERED EQUIPMENT AND MATERIALS: None. 1.08. MEASUREMENT AND PAYMENT: A. Unit Price Contracts: All Work indicated in the Contract Documents shall be included in the Unit Price Bid Schedule and the Agreement. A Unit Price is an amount proposed by Contractor and stated in the Agreement as a price per unit of measurement for materials or services. B. Payment for the work included in this section will be in accordance with the prices set forth in the proposal for the quantity of work performed.The Contractor agrees that he will make no claim for damages, or anticipated profits,or otherwise on account of any difference between the amounts of work actually performed and the estimated amounts therefore. C. There will be no separate pay items for the following miscellaneous construction items. Cost for these items shall be considered incidental/subsidiary to other contract bid items. 1. All Safety excluding Trench Safety. Trench Safety per specification 02003 is a Bid item. 01110-Summary of Work 01110—2 SECTION 01110—SUMMARY OF WORK(continued) 2. Pre-TV and Post-TV inspection of pipelines(Internal Television Inspection). 3. Photographs of the site prior to the Work if requested by City of Fayetteville. 4. Bypass systems to include set up, operation, and removal. 5. Pipeline cleaning and root removal. 6. Maintenance of Traffic. 7. Final Cleanup. 8. All other labor,equipment,materials, incidentals,tools,appurtenances, permits and not specifically listed in the Bid Form work required for a complete installation acceptable to the City of Fayetteville Utilities. D. The Contractor's Invoice and all supporting documents shall be submitted to the City of Fayetteville. The City of Fayetteville will prepare the pay estimate based on the Contractor's Invoice. E. Invoices shall be sent to the City of Fayetteville. They shall be,itemized to include: F. The specific bid items utilized. 1. The quantities of those bid items. 2. The location of the project. - 3. The total cost for that project. 4. The total billing to date under the annual contract, including any change orders. 5. All state and local taxes applicable. G. Completion of a particular project(annual term contract)is defined to include the satisfactory performance of all minor and non-pay work items such as clean up and restoration/replacement of all damaged private and public property. H. All invoices for payment presented by the Contractor shall provide documentation to support the location and amount of work accomplished during the payment period. The Contractor's Invoice and all supporting documents shall be submitted to the City of Fayetteville Utilities. The City of Fayetteville Utilities will prepare the pay estimate based on the Contractor's Invoice. Invoices will include: 1. The specific bid items utilized. 2. The quantities of those bid items. 3. The location of the project. 4. The total cost for that project. 5. The total billing to date under the annual contract, including any change orders. 6. All state and local taxes applicable. 1.09 PURHASE ORDERS A. Term Contract 01110-Summary of Work 01110—3 • SECTION 01110—SUMMARY OF WORK(continued) 1. Purchase orders may be issued to the successful bidder for an amount up to an approximate total of$350,000.00 with a contract period not to exceed one (1)calendar(inclusive)year. 2. The cost of any change orders will be included in the original contract total, i.e.;they will count against the approximate total of$350,000.00. Payment for work shall be made upon completion and acceptance of the work by the City of Fayetteville. 1.10 COPIES OF DOCUMENTS: A. Furnished Copies: After execution of Agreement, Contractor will be furnished at no cost,a maximum of three(3)sets of Contract Documents consisting of full-size Contract Drawings including revised Drawings and the Project Manual, in addition to those used in execution of the Agreement. B. Additional Copies: Additional copies of above documents will be supplied by Engineer upon request of Contractor'and approval of Owner. 1.11 SCHEDULE OF OWNER-SUPPLIED EQUIPMENT AND MATERIALS: None. PART 2 - PRODUCTS—NOT APPLICABLE. PART 3- EXECUTION—NOT APPLICABLE. END OF SECTION 01110 • 01110-Summary of Work 01 1 10—4 SECTION 01250-CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Minor changes in the Work. 2. Proposal request. 3. Work Change Directive. B. Related Sections: 1. DOCUMENT 00700—GENERAL CONDITIONS. 2. Supplementary Conditions. 1.02 MINOR CHANGES IN THE WORK A. Engineer will advise Contractor of minor changes in Work not involving an adjustment to Contract Price or Contract Times as authorized by the DOCUMENT 00700—GENERAL CONDITIONS, Subparagraph 9.05 by issuing Field Orders. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 1.03 PROPOSAL REQUEST A. Owner-Initiated Proposal Requests: • 1. Engineer may issue a Proposal Request, including detailed descriptions of proposed changes in the Work that may require adjustment to the Contract Price or the Contract Time. • a. If necessary,the description will include supplemental or revised Drawings and Specifications. b. Proposal Requests issued by Engineer are for information only. Do not consider them instructions either to stop Work in progress or to execute the proposed change. 2. Contractor shall submit cost proposal, including any request for an extension in Contract Times, within 14 days of receipt of Proposal Request. 3. In order to facilitate checking of Contractor's proposals for extras or credits, all proposals,except those so minor that their propriety can be seen by inspection,shall be accompanied by a complete itemization of cost including labor, materials,and Subcontracts. Labor and materials shall be itemized in a manner acceptable to the Engineer. Where major cost items are Subcontracts, they shall be itemized also. Document each proposal for a change in cost or time with sufficient data to support computations, including the following: a. Include list of quantities of Products, labor,and equipment required or eliminated and unit costs, with total amount of purchases and credits to be made. b. Indicate applicable taxes, delivery charges,equipment rental, and 01250 Contract Modification Procedures 01250- 1 SECTON 01250- CONTRACT MODIFICATION PROCEDURES (continued) amounts of trade discounts. c. Indicate amounts for insurance and bonds. d. Indicate amounts for Contractor's overhead and profit. e. Include justification for any change in Contract Time. f. Include credit for deletions from Contract, similarity documented. g., Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to,changes in activity duration, start and finish times, and activity relationship. (I) Use available total float before requesting an extension of the Contract Time. 4. On Owner's approval of a proposal request, Engineer will issue Change Orders for signatures by Owner and Contractor as provided in the DOCUMENT 00700—GENERAL CONDITIONS. a. Upon execution of a Change Order,Contractor shall promptly revise Construction Progress Schedule and Schedule of Values accordingly. 1.04 WORK CHANGE DIRECTIVE A. As determined by the City's Utilities Director in the case of a change required to protect the Public and/or the City including health, safety and fiscal responsibility,and when such change must precede the normal Change Order/Modification process,then the Owner may initiate a Work Change Directive, signed by Owner and Engineer, including detailed descriptions of changes,and identifying method for determining any change in Contract Price or Contract Time, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.The Work Change Directive is also known as a Unilateral Change Order. The Work Order Directive may be limited based upon funding approved by the City Council. 1. Contractor shall promptly execute the change. • 2. Work Change Directives shall be issued on Owner's standard form. B. Contractor shall maintain detailed records for changes in the Work performed on a time and material basis. 1. Submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. C. Engineer will issue Change Order CONDITIONS. D. Upon execution of a subsequent Change Order, Contractor shall promptly revise Construction Progress Schedule and Schedule of Values for signatures by Owner and Contractor as provided in DOCUMENT 00700—GENERAL accordingly. PART 2 - PRODUCTS NOT USED PART 3 - PART 3—EXECUTION NOT USED END OF SECTION 01250 01250 Contract Modification Procedures 01250-2 SECTION 01270—UNIT PRICES PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Submission procedures. 2. Changes of Contract Sum. 3. Description of Unit Prices. B. Related Sections: 1. DOCUMENT 00400—BID FORM. 2. DOCUMENT 00500—AGREEMENT. 3. DOCUMENT 00700—GENERAL CONDITIONS. C. This bid is for a term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville,Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less,or none of the rehabilitation, depending upon the City's needs.The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured-in-place pipe method. 1.02 SUBMISSION PROCEDURES A. Insert on DOCUMENT 00400—BID FORM, Unit Prices for Work or materials listed in this Section. 1. Such Unit Prices shall apply for additions and deletions. 1.03 CHANGES TO CONTRACT SUM A. Unit Prices shall constitute full compensation or credit,as the case may be, for the complete provision,fabrication,and installation of each item listed in this Section based solely on Work in place, including all necessary labor, product,tools, equipment,transportation,services and incidentals,appurtenances,and connections required to complete the Work in place,and including insurance,overhead,profit and supervision. B. The Unit Prices are listed on DOCUMENT 00400—BID FORM,and will apply to the net change on any given change to the scope of Work. C. Unit Prices accepted by the Owner and Contractor shall be identified in the Owner- Contractor Agreement. D. Contractor shall take measurements and compute quantities for which Unit Price items are applicable. 1. Engineer will verify measurements and quantities. a. Contractor shall assist Engineer by providing necessary equipment, workers, and survey personnel as the Engineer requires. 01270-Unit Prices 01270- 1 SECTION 01270—UNIT PRICES (continued) 2. Final payment for Work governed by Unit Prices will be made on the basis of the actual measurements and quantities accepted by the Engineer multiplied by the Unit Price for Work which is incorporated in or made necessary by the Work. 3. Payment will not be made for any of the following: a. Products wasted or disposed of in a manner unacceptable to Engineer. b. Products which Engineer determines as unacceptable before or after installation. c. Product not completely unloaded from the transporting vehicle. d. Products installed beyond the lines and levels of the required Work. e. Products not installed after completion of Work. f. Loading,hauling,and disposing of rejected Products. 1.04 DESCRIPTION OF UNIT PRICES Measurement and Payment of specific items shall be as specified elsewhere iin the Contract Documents. PART 2 - PART 2—PRODUCTS NOT USED PART 3- PART 3—EXECUTION NOT USED END OF SECTION 01270 01270-Unit Prices 01270-2 SECTION 01271—MEASUREMENT AND PAYMENT SEWER PART 1 -GENERAL 1.1 SUMMARY A. This section includes delineation of measurement and payment criteria applicable to unit price work related to water and sewer, whether the unit .price items are part of a unit price contract or are part of a Stipulated Price contract. B. Defect assessment and non-payment for rejected work. 1.2 AUTHORITY A. Measurement methods are delineated for each individual bid item under this section. B. The Engineer will take all measurements and compute quantities accordingly. C. Contractor shall assist by providing necessary equipment, workers,and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by the Engineer shall determine payment. B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. B. Measurement by Volume: Unless herein noted differently, volume shall be measured by cubic dimension using mean length,width and height or thickness with survey chain, steel tape,approved distance meter,or by use of Total Surveying Stations and Engineering Software,as approved by Engineer. C. Measurement by Area: Unless herein noted differently,area shall be measured by square dimension using mean length and width or radius, with survey chain,steel tape, approved distance meter,or by use of Total Surveying Stations and Engineering Software, as approved by Engineer. D. Linear Measurement: Unless herein noted differently, linear measurements shall be measured at the item centerline or mean chord,with survey chain, steel tape,approved distance meter,or by use of Total Surveying Stations and Engineering Software,as approved by Engineer. E. Stipulated Price Measurement: Items measured by weight,volume,area, or linear means or combination, as appropriate,as a completed item or unitof the Work. 1.5 PAYMENT A. Payment Includes: Except as modified herein, payment shall be full compensation for all required labor,products,tools,equipment, plant, 01271 —Measurement and Payment 01271-1 SECTION 01271 —MEASUREMENT AND PAYMENT (continued) transportation, services and incidentals;erection,application or installation of an item of the Work; overhead and profit. B. ' Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. • 1.6 DEFECT ASSESSMENT A. Replace the Work,or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Engineer, it is not practical to remove and replace the Work,the Engineer will direct the following remedy: 1. The defective Work will be repaired to the instructions of the Engineer, and the unit price will be adjusted to a new price at the discretion of the Engineer. C. The authority of the Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. • 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading,hauling and disposing of rejected Products. 7. Work performed beyond the specified limits unless authorized by the Engineer. 1.8 BID ITEMS • 1. 6" x 4.5mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place 2. 8" x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place 3. 10" x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place 4. 12" x 6.0mm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place The Work required by the above listed Bid Items 1-4 will be measured and paid for at the linear foot(LF)price bid per each Bid Item listed and as shown in the Unit Price Bid Schedule.The linear foot(LF)price bid per each Bid Item listed above shall include all materials, labor and incidentals necessary for a complete functional CIPP rehabilitation installation in accordance with the Contract Documents and satisfactory to the City of Fayetteville. 01271 -Measurement and Payment 01271-2 SECTION 01271 —MEASUREMENT AND PAYMENT (continued) There shall be no separate payment for: a. All Safety excluding Trench Safety. Trench Safety per specification 02003 is a Bid item. b. Pre-TV and Post-TV inspection of pipelines(Internal Television Inspection). c. Photographs of the site prior to the Work if requested by City of Fayetteville. d. Bypass systems to include set up, operation, and removal. e. Pipeline cleaning and root removal. f. Maintenance of Traffic. g. Final Cleanup. h. All other labor,equipment,materials, incidentals,tools,appurtenances, permits and not specifically listed in the Bid Form work required for a complete installation acceptable to the City of Fayetteville Utilities. 5. Internal Reinstatement of Service Laterals • The Work required by the above listed Bid Item 5, Internal Reinstatement of Service Laterals, will be measured and paid for at the Each(EA)price bid per the Bid Item listed and as shown in the Unit Price Bid Schedule. The Each(EA)price bid per each Bid Item listed above shall include all materials, labor and incidentals necessary for a complete functional Internal Reinstatement of Service Laterals installation in accordance with the Contract Documents and satisfactory to the City of Fayetteville. There shall be no separate payment for: i. All Safety excluding Trench Safety. Trench Safety per specification 02003 is a Bid item. j. Pre-TV and Post-TV inspection of pipelines(Internal Television Inspection). k. Photographs of the site prior to the Work if requested by City of Fayetteville. I. Bypass systems to include set up,operation, and removal. m. Pipeline cleaning and root removal. n. Maintenance of Traffic. o. Final Cleanup. p. All other labor,equipment,materials, incidentals,tools,appurtenances, permits and not specifically listed in the Bid Foi-m work required for a complete installation acceptable to the City of Fayetteville Utilities. 6. Standard Mobilization(within 15 working days) 7. Emergency Mobilization(within 3 working days) The Work required by the above listed Bid Items 5-6 will be measured and paid for at the Each (EA)price bid per each Bid Item listed and as shown in the Unit Price Bid Schedule. The Each (EA)price bid per each Bid Item listed above shall include all materials, labor and incidentals necessary for a complete functional Standard Mobilization(within 15 working days)and/or Emergency Mobilization(within 3 working days)per the Unit Price Bid Schedule in accordance with the Contract Documents and satisfactory to the City of Fayetteville. 01271 -Measurement and Payment 01271-3 SECTION 01271 —MEASUREMENT AND PAYMENT (continued) There shall be no separate payment for all other labor,equipment, materials, incidentals,tools, appurtenances, permits and not specifically listed in the Bid Form work required for a complete installation acceptable to the City of Fayetteville Utilities. 8. Trench Safety Comply with OSHA Standards 29 CFR 1926 Safety and Health Regulations for Construction Subpart P The Work required by the above listed Bid Item 8 will be measured and.paid for at the Lump Sum(LS)(EA)price bid per the Bid Item listed and as shown in the Unit Price Bid Schedule.The Lump Sum(LS)price bid per each Bid Item listed above shall include all materials, labor and incidentals necessary for Trench Safety Comply with OSHA Standards 29 CFR 1926 Safety and Health Regulations for Construction Subpart P per the Unit Price Bid Schedule and in accordance with the Contract Documents. There shall be no separate payment for all other labor,equipment, materials, incidentals,tools, appurtenances, permits and not specifically listed in the Bid Form work required for a complete installation acceptable to the City of Fayetteville Utilities. PART 2-PRODUCTS • Not Used PART 3-EXECUTION Not Used END OF SECTION 01271 01271 -Measurement and Payment 01271-4 • SECTION 01290—PAYMENT PROCEDURES PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Schedule of values. 2. Applications for payment. B. Related Sections: 1. DOCUMENT 00700—GENERAL CONDTIONS. 1.02 APPLICATIONS FOR PAYMENT A. Comply with Arkansas Code § 22-9-101. Title 22 Public Property Chapter 9 Public Works Subchapter 1 --General Provisions A.C.A. §22-9-101. Observation by registered professionals required. B. Format: Document 01290.01 supported by Document 01290.02 or other approved format. 1. Owner will provide Contractor an electronic copy of Documents 01290.01 and 01290.02. C. Payment Period: As specified under DOCUMENT 00700—GENERAL CONDITONS Article 14. D. Preparation of Applications: 1. Present required information in typewritten form. 2. Execute application by signature of authorized officer of Contractor's firm. 3. Indicate dollar value in each column of each line item for portion of Work completed through the last day of the application period,and for products properly stored in accordance with the Contract Documents through the last day of the previous application period. 4. Round off dollar values to nearest dollar. 5. Complete every entry on form. 6. Indicate each authorized Change Order as separate items on continuation sheet. a. List by appropriate Change Order Number. b. Indicate dollar value breakdown of each Change Order by each applicable Project Manual Section. E. Submittal Procedure: 1. Comply with DOCUMENT 00700 -GENERAL CONDITIONS Article 14. 01290 Payment Procedures 01290- 1 SECTION 01290—PAYMENT PROCEDURES (continued) 2. Submit 1 copy of each Application for Payment. • 3. Submit an updated Construction Progress Schedule with each Application for Payment. 4. Submit waivers of mechanics liens from Contractor, Subcontractors,sub- subcontractors,and Material and Equipment Suppliers for amounts certified by Engineer for construction period covered by previous application for payment. a. Submit on form acceptable to Owner. 5. Substantiating data: a. When Owner or Engineer requires substantiating information to support Contractor's application for payment, submit data justifying dollar amounts which are in question. b. Provide 1 copy of data with cover letter for each copy of Application for Payment. • (1) Indicate application number and date. (2) List each item in question by continuation sheet identification. 6. Submit application for final payment in accordance with DOCUMENT 00700—GENERAL CONDITIONS Article 14. F. Minimum Approvals—City of Fayetteville. • 1. Utilities Manager or Director. 2. Sanitary Sewer Superintendent or his representative 3. Utitlies Engineer. PART 2 - PRODUCTS NOT USED PART 3- EXECUTION NOT USED END OF SECTION 01290 01290 Payment Procedures 01290-2 ?r APPLICATION FOR PAYMENT Bid 18-22, CONSTRUCTION 2018 Sanitary Sewer Cured In CITY OF Place Pipe FAYETTEVILLE ARKANSAS Application Number: Date: • Contractor: Ordinance/Resolution Number: _ Address: Effective: Encumbrance No: Application for Work Accomplished Through the Date of: Original Contract Price [1]$ Net Change by Change Orders through [2]$ Current Contract Price (1 + 2) [3]$ Completed Work [4]$ Stored Material [5]$ Total Completed and Stored to Date (4+5) [6]$ Previous Payments [7]$ Previous Retainage [8]$ Total Previous Applications (7+8) [9]$ Amount This Application (6-9) [10]$ Less Retainage This Application* [-][11]$ Release of Retainage [12]$ Due This Application (10-11+12) [13]$ * Retainage on Completed Work Only Accompanying Documentation: Attached Schedule of Values CONTRACTOR's Certification: The undersigned Contractor certifies that (1) all previous progress payments received from Owner on account of Work done under the Contract referred to above have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by all prior Applications for Payment; (2) title of all Work, materials and equipment incorporated into said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective, and (4) all labor standards contract requirements have been complied with by Contractor and by each subcontractor employing mechanics or laborers at the site of the work. 01290.01 Application for Payment Page 1 Dated: CONTRACTOR By: STATE OF ) COUNTY OF ) Subscribed and Sworn to before me this day of My commission expires: Notary Public OWNER's Certification for Payment: In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Owner's representatives certify that to the best of thier knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Schedule of Values that are changed to conform to the amount certified.) OWNER's Approval By: Date: Utilities Manager By: Date: Utilities Sewer Superintendent By: Date: Utilities Engineer 01290.01 Application for Payment Page 2 • go"<3 SCHEDULE OF VALUES CITY OF Contract Number FAYETTEVILLE ARKANSAS Contract Title A B C D E F G H I J K L M UNITS S TOTAL COST SPEC NO.OF STOTAL OR LUMP SCOMPLETED SSTORED COMPLETED ANDSTOTAL PREVIOUS SAMOUNTTHIS CODE SECTION DESCRIPTION OF WORK S UNIT PRICE UNITS SUM COM PL WORK MATERIAL STORED TO DATE, J�F APPLICATIONS APPLICATION J-L E'I'E H+I • • 01290.02 Schedule of Values 01290.02-1 SECTION 01320—PROJECT MEETINGS, SCHEDULES,AND REPORTS PART 1 - GENERAL 1.01 Summary: This Section includes the following administrative and procedural requirements: A. Project Meetings: 1. Preconstruction conference. 2. Progress meetings. B. Schedules and Reports: 1. Comply with GENERAL CONDITIONS C. Related Work Specified Elsewhere: 1. For Schedules: SECTION 01321. 1.02 PROJECT MEETINGS: A. Preconstruction Conference: 1. Engineer will conduct a meeting within 60 days after the Effective Date of the Agreement,to review items stated in the following agenda and to establish a working understanding between the parties as to their relationships during performance of the Work. 2. Preconstruction conference shall be attended by: a. Contractor and his superintendent. b. Engineer and Resident Project Representative if any. c. Representative(s)of Owner. d. At Engineer's option, representatives of principal Subcontractors and Suppliers. 3. Meeting Agenda: a. Construction schedules. b. Critical Work sequencing. c. Designation of responsible personnel. d. Project coordination. e. Procedures and Processing of: (1) Field decisions. (2) Substitutions. (3) Submittals. (4) Change Orders. (5) Applications for Payment. (6) Proposal Requests. (7) Contract Closeout. (8) Requests for Interpretation. (9) Field Orders. (10) Work Change Directives. f. Procedures for testing. g. Procedures for maintaining record documents. h. Use of Premises: (1) Office,work, and storage areas. (2) Owner's requirements. i. Construction facilities,controls,and construction aids. j. Temporary utilities. k. Safety and first-aid. I. Security. m. Requirements for start-up of equipment. 01320-Project Mtgs Sched&Reports 01320— 1 SECTION 01320—PROJECT MEETINGS, SCHEDULES,AND REPORTS (continued) n. Inspection and acceptance of equipment put into service during construction period. o. Distribution of Contract Documents 4. Location of Meeting: At or near the Project Site. 5. Reporting: a. Within 7 working days after the meeting, Engineer will prepare and distribute minutes of the meeting to Owner and Contractor. b. Contractor shall provide copies to Subcontractors and major Suppliers. B. Progress Meetings: 1. Engineer shall schedule and conduct monthly meetings,or at other intervals as requested by Owner. Representatives of the Engineer, Resident Project Representative,and Contractor shall be present at each meeting. With Engineer's concurrence, Contractor may request attendance by representatives of Subcontractors, Suppliers, or other entities concerned with current program or involved with planning,coordination,or performance of future activities. All participants in the meeting shall be familiar with the Project and authorized to conclude matters relating to the Work. a. Contractor and each Subcontractor represented shall be prepared to discuss the current construction progress report and any anticipated future changes to the schedule. 2. Location of Meetings: At or near Project Site. 3. Reporting: a. Within 7 working days after each meeting, Engineer shall prepare and distribute minutes of the meeting to Owner and Contractor. b. Contractor shall distribute copies to principle Subcontractors and Suppliers. PART 2- PRODUCTS—Not Applicable. PART 3- EXECUTION—Not Applicable. END OF SECTION 01320 • 01320-Project Mtgs Sched&Reports 01320—2 SECTION 01321 —SCHEDULE PART 1 - GENERAL 1.01 SUMMARY A. This Section includes procedural requirements for preparation,submittal,and updating of Contractor's construction progress schedules. B. Related Work: 1. Documents affecting work of this Section include,but are not limited to:General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Section 01290—Payment Procedures. 3. Section 01320—Project Meetings, Schedules,and Reports. 1.02 FORMAT A. Prepare Schedules as either a Gantt chart with separate bar for each major portion of Work or operation, identifying first work day of each week, or a Critical Path Method (CPM)progress schedule. B. Sequence of Listings: The chronological order of the start of each item of Work. C. Scale and Spacing: To provide space for notations'and revisions. D. Sheet Size: Minimum multiples of 8-1/2 x 11 inches. 1.03 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. The schedule shall clearly indicate the sequence of construction for the various items that involve either existing and/or potentially relocated utilities. This schedule shall have the least negative impact on the adjacent property owners and provide an orderly sequence that will produce the least disruptive action for utilities and their customers. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire Schedule. D. Show accumulated percentage of completion of each item,and total percentage of Work completed,as of the cut-off date for each monthly pay estimate. 1.04 SUBMITTALS A. Submit a finalized construction progress schedule within fifteen(15)days after date of 01321-Schedule 01321-1 SECTION 01321 —SCHEDULE(continued) Notice of Award or at least seven (7) days prior to the pre-construction conference, whichever occurs first. After review,resubmit required revised data within ten(10)days. B. Submit monthly revisions with each pay estimate in the number of opaque reproductions that Engineer requires, plus two copies, which will be retained by Engineer.- 1.05 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal,and projected completion date of each activity. B. Identify activities modified since previous submittal,major changes in scope,and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken,or proposed,and its effect. 1.06 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file,Subcontractors,suppliers,and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 - PRODUCTS: NOT APPLICABLE PART 3 - EXECUTION: NOT APPLICABLE • END OF SECTION 01321 01321-Schedule 01321-2 SECTION 01420—DEFINITIONS AND STANDARDS PART 1 - GENERAL 1.01 SUMMARY: A. Definitions: 1. Basic contract definitions used in the Contract Documents are defined in the GENERAL CONDITIONS. Definitions and explanations are not necessarily either complete or exclusive, but are general for the Work. 2. General Requirements are the provisions or requirements of DIVISION 1 Sections,and which apply to the entire Work of the Contract. B. Related Information Specified Elsewhere: Specification standards and associations applicable to the Work are specified in each Section. 1.02 SPECIFICATION FORMAT AND CONTENT EXPLANATIONS: A. Specification Format: The Specifications are organized into two(2)major divisions of CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS. B. Specification Content: 1. These Specifications apply certain conventions in the use of language and the intended meaning of certain terms, words,and phrases when used in particular situations or circumstances. These conventions are explained as follows: a. Imperative and Streamlined Language: These Specifications are written in imperative and abbreviated form. This imperative language of the technical Sections is directed at the Contractor, unless specifically noted otherwise. Incomplete sentences shall be completed by inserting"shall," "the Contractor shall,"and"shall be,"and similar mandatory phrases by inference in the same manner as they are applied to notes on the • Drawings. The words"shall be"shall be supplied by inference where a colon(:) is used within sentences or phrases. Except as worded to the contrary,fulfill (perform)all indicated requirements whether stated imperatively or otherwise. b. Specifying Methods: The techniques or methods of specifying requirements varies throughout text,and may include"prescriptive," "compliance with standards,""performance,""proprietary,"or a combination of these. The method used for specifying one unit of Work has no bearing on requirements for another unit of Work. c. Overlapping and Conflicting Requirements: Where compliance with two or more industry standards or sets of requirements is specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, notify Engineer • for a decision as specified in GENERAL CONDITIONS. d. Abbreviations: Throughout the Contract Documents are abbreviations implying words and meanings which shall be appropriately interpreted. Specific abbreviations have been established, principally for lengthy technical terminology and in conjunction with coordination of Specification requirements with notations on Drawings and in schedules. 01420-Definitions&Standards 01420— 1 SECTION 01420—DEFINITIONS AND STANDARDS(continued) These are normally defined at first instance of use. Organizational and association names and titles of general standards are also abbreviated. C. Assignment of Specialists: In certain instances, Specification text requires that specific Work be assigned to specialists in the operations to be performed. These specialists shall be engaged for performance of those units of Work, and assignments are requirements over which Contractor has no choice or option. These assignments shall not be confused with,and are not intended to interfere with,enforcement of building codes and similar regulations governing the Work, local trade and union jurisdictions, and similar conventions. Nevertheless,final responsibility for fulfillment of Contract requirements remains with Contractor. D. Trades: Except as otherwise specified or indicated,the use of titles such as "carpentry" in Specification text, implies neither that the Work must be performed by an accredited or unionized tradesperson of corresponding generic name(such as "carpenter"), nor that specified requirements apply exclusively to work by tradespersons of that corresponding generic name. 1.03 DRAWING SYMBOLS: A. Except as otherwise indicated,graphic symbols used on Drawings are those symbols recognized in the construction industry for purposes indicated. Refer instances of uncertainty to Engineer for clarification. 1.04 INDUSTRY STANDARDS: A. Applicability of Standards: Except where the Contract Documents include more stringent requirements,applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents. Such standards are made a part of the Contract Documents by reference and are stated in each Section. 1. Referenced standards, referenced directly in Contract Documents or by governing regulations, have precedence over nonreferenced standards which are recognized in industry for applicability to the Work. 2. Where compliance with an industry standard is required, standard in effect shall be as stated in GENERAL CONDITIONS. 3. Where an applicable code or standard has been revised and reissued after the date of the Contract Documents and before performance of Work affected, the Engineer will decide whether to issue a Change Order to proceed with the updated standard. 4. In every instance the quantity or quality level shown or specified shall be the minimum to be provided or performed. The actual installation may comply exactly,within specified tolerances, with the minimum quantity or quality specified,or it may exceed that minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum values,as noted,or appropriate for the context of the requirements. Refer instances of uncertainty to the Engineer for a decision before proceeding. 01420-Definitions&Standards 01420—2 SECTION 01420—DEFINITIONS AND STANDARDS(continued) 5. Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. a. Where copies of standards are needed for performance of a required construction activity,Contractor shall obtain copies directly from the publication source. B. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents,they mean the recognized name of the trade association, standards generating organization,authority having jurisdiction,or other entity applicable to the context of the text provision. PART 2 - PRODUCTS—Not Applicable. PART 3- EXECUTION—Not Applicable. END OF SECTION 01420 01420-Definitions&Standards 01420—3 SECTION 01530—TEMPORARY BARRIERS AND CONTROLS PART 1 - GENERAL 1.01 SUMMARY: A. This Section includes General Requirements for: 1. Safety and protection of Work. 2. Safety and protection of existing property. 3. Barriers. 4. Security. 5. Environmental controls. 6. Access roads and parking areas. 7. Traffic control and use of roadways. 8. Railroad service. B. Related Work Specified Elsewhere: 1. Temporary Utilities and Facilities: SECTION 01560. PART 2 - PRODUCTS—Not Applicable. PART 3- EXECUTION 3.01 ARKANSAS ONE CALL: A. The Contractor will be responsible for contacting Arkansas One Call in order to determine the location of all utilities in all work areas relating to any excavation performed by the contractor. The City of Fayetteville shall be responsible for contacting Arkansas One Call in order to determine the location of all utilities in all work areas relating to any Excavation performed by the City of Fayetteville crews. 3.02 SAFETY AND PROTECTION OF WORK AND PROPERTY: A. General: 1. Provide for the safety and protection of the Work as set forth in GENERAL CONDITIONS. Provide protection at all times against rain,wind,storms, frost,freezing,condensation,or heat so as to maintain all Work and Equipment and Materials free from injury or damage. At the end of each day, all new Work likely to be damaged shall be appropriately protected. 2. Notify Engineer immediately at any time operations are stopped due to conditions which make it impossible to continue operations safely or to obtain proper results. 3. Construct and maintain all necessary temporary drainage and do all pumping necessary to keep excavations, floors,pits,trenches,manholes,and ducts free of water. B. Property Other than Owner's: 1. Provide for the safety and protection of property as set forth in the GENERAL CONDITIONS. Report immediately to the owners thereof and promptly repair damage to existing facilities resulting from construction operations. 2. Names and telephone numbers of representatives of agencies and utilities having jurisdiction over streets and utilities in the Work area can be obtained 01530-Barriers&Temp Controls 01530— 1 SECTION 01530—TEMPORARY BARRIERS AND CONTROLS (continued) from Engineer for the agencies listed below. Concerned agencies or utilities shall be contacted a minimum of 24 hours prior to performing Work, closing streets and other traffic areas, or excavating near underground utilities or pole lines. a. Water. b. Gas. c. Sanitary sewers. d. Storm drains. e. Pipeline companies. f. Telephone. g. Electric. h. Municipal streets. i. State highways. j. City engineer. k. Fire. I. Police. 3. Operation of valves or other appurtenances on existing utilities, when • required, shall be by or under the direct supervision of the owning utility. 4. Where fences are to be breached on private property,the owners thereof shall be contacted and arrangements made to ensure proper protection of any livestock or other property thus exposed. 5. The applicable requirements specified for protection of the Work shall also apply to the protection of existing property of others. 6. Before acceptance of the Work by Owner, restore all property affected by Contractor's operations to the original or better condition. 7. The Contractor shall take precautions and use care to avoid damaging, disturbing,or disrupting existing private facilities on private or public property, i.e., fences, sprinkler facilities, shrubs, landscaping,etc. The Contractor shall restore,to the City of Fayetteville's satisfaction,any property damaged by the Contractor,at the Contractor's expense. 3.03 SIGNAGE AND BARRIERS: A. General: 1. Furnish, install, and maintain suitable barriers as required to prevent public entry, protect the public,and to protect the Work,existing facilities,trees, and plants from construction operations. Remove when no longer needed or at completion of Work. 2. Materials may be new or used, suitable for the intended purpose, but shall not violate requirements of applicable codes and standards or regulatory agencies. 3. Barriers shall be of a neat and reasonable uniform appearance,structurally adequate for the required purposes. • 4. Maintain barriers in good repair and clean condition for adequate visibility. Relocate barriers as required by progress of Work. 5. Repair damage caused by installation and restore area to original or better condition. Clean the area. 01530-Barriers&Temp Controls 01530—2 SECTION 01530—TEMPORARY BARRIERS AND CONTROLS (continued) 6. The Contractor is responsible for all signing and barricading and will comply with those portions of the"Arkansas Manual on Uniform Traffic Control Devices for Streets and Highways"which pertain to construction. B. Tree and Plant Protection: 1. Preserve and protect existing trees and plants at the Site which are designated to remain and those adjacent to the Site. 2. Provide temporary barriers around each,or around each group of trees and plants. Unless indicated or specified otherwise, construct to a height of 6 feet around trees,and to a height to adequately protect plants. 3. Consult with Engineer and remove agreed-on roots and branches which will interfere with construction. Employ qualified tree surgeon to remove and to treat cuts. 4. Protect root zones of trees and plants as follows: a. Do not allow vehicular traffic or parking. b. Do not store materials or products. c. Prevent dumping of refuse or chemically injurious materials or liquids. d. Prevent puddling or continuous running water. 5. Carefully supervise excavating,grading and filling, and subsequent construction operations to prevent damage. 6. Remove and replace, or suitably repair,trees and plants which are damaged • or destroyed due to construction operations,and which were designated to remain. 3.04 ENVIRONMENTAL CONTROLS: A. Noise Control: City of Fayetteville Ordinances and OSHA requirements shall be adhered to for this contract. B. Dust Control: 1. Provide positive methods and apply dust control materials to minimize raising dust from construction operations; and to prevent airborne dust from dispersing into the atmosphere. 2. Clean interior spaces prior to the start of finish painting and continue cleaning on an as-needed basis until painting is finished. 3. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or newly-coated surfaces. C. Water and Erosion Control: 1. Provide methods to control surface water to prevent damage to the Project, the Site,or adjoining properties. 2. Plan and execute construction and earthwork by methods to control surface drainage from cuts and fills,and from borrow and waste disposal areas,to prevent erosion and sedimentation. a. Hold the areas of bare soil exposed at one time to a minimum. b. Provide temporary control measures such as berms, dikes,and drains. 3. Control fill,grading, and ditching to direct surface drainage away from excavations,pits,tunnels,and other construction areas; and to direct drainage to proper runoff. 4. Provide,operate, and maintain hydraulic equipment of adequate capacity to control surface and groundwater. 01530-Barriers&Temp Controls 01530—3 SECTION 01530—TEMPORARY BARRIERS AND CONTROLS (continued) • 5. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the Site or to adjoining areas. 6. Provide temporary drainage where the roofing or similar waterproof deck construction is completed prior to the connection and operation of the permanent drainage piping system. 7. Comply with all other requirements indicated or specified. D. Debris Control and Clean-Up: 1. Keep the premises free at all times from accumulations of debris, waste materials,and rubbish caused by construction operations and employees. Responsibilities shall include: a. Adequate trash receptacles about the Site,emptied promptly when filled. b. Periodic cleanup to avoid hazards or interference with operations at the Site and to maintain the Site in a reasonably neat condition. c. The keeping of construction materials such as forms and scaffolding neatly stacked. d. Immediate cleanup to protect the Work by removing splattered concrete, asphalt,oil, paint, corrosive liquids,and cleaning solutions from walls, • floors,and metal surfaces before surfaces are marred. 2. Prohibit overloading of trucks to prevent spillages on access and haul routes. Provide periodic inspection of traffic areas to enforce requirements. 3. Final cleanup is specified in SECTION 01780-CONTRACT CLOSEOUT. E. Pollution Control: 1. Provide methods, means,and facilities required to prevent contamination of soil,water,or atmosphere by the discharge of hazardous or toxic substances from construction operations. 2. Provide equipment and personnel, perform emergency measures required to contain any spillages,and remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-Site in approved locations,and replace with suitable compacted fill and topsoil. 3. Take special measures to prevent harmful substances from entering public waters, sanitary,or storm sewers. 4. Adhere to the Spill Prevention Control and Countermeasures Plan(SPCCP) requirements as stated in 40 CFR Part 112. 3.05 ACCESS ROADS AND PARKING AREAS: A. New Temporary On-Site Roads and Parking Areas: 1. Locate roads,drives, walks,and parking facilities to provide access to construction offices, mobilization, Work,storage areas,and other areas required for execution of the Contract. • a. Consult with Engineer regarding any desired deviationtherefrom. b. Size of parking facilities shall be adequate to provide for needs of Contractor's personnel, Resident Project Representatives,and visits to Site by Engineer and Owner. 2. Provide access for emergency vehicles. Maintain driveways a minimum of 15 feet wide between and around combustible materials in storage and mobilization areas. . 01530-Barriers&Temp Controls 01530.—4 SECTION 01530—TEMPORARY BARRIERS AND CONTROLS (continued) 3. Maintain traffic areas free of excavated materials, construction equipment, snow, ice, and debris. 4. Construct temporary bridges and culverts to span low areas and allow unimpeded drainage. 5. Keep fire hydrants and water control valves free from obstruction and accessible for use. 6. Construction: a. Clear areas required. b. Fill, compact,and grade areas as necessary to provide suitable support for vehicular traffic under anticipated loadings. Materials and construction shall be as indicated or specified. c. Provide for surface drainage of facilities and surrounding areas. d. Maintain roads, walks, and parking areas in a sound, clean condition. Repair or replace portions damaged during progress of Work. 7. Removal: a. Completely remove temporary materials and construction when construction needs can be met by use of permanent installation, unless construction is to be integrated into permanent construction. Remove and dispose of compacted materials to depths required by various conditions to be met in completed Work. b. Restore areas to original, better,or specified condition at completion of Work. 3.06 TRAFFIC CONTROL AND USE OF ROADWAYS: A. Traffic Control: 1. The Contractor shall plan and execute the work so that interference with the flow of traffic and the passage of pedestrians will be the minimum possible. 2. The CONTRACTOR shall arrange crews in a way to have continuous work from the time a particular project has begun until it is complete.The Contractor shall schedule crews in a way to have continuous work from the time a work order has been initiated until it is complete. The Contractor shall not demobilize until all work from the work order is complete. 3. It shall be the responsibility of the CONTRACTOR to inform the City of Fayetteville regarding dates and locations of work activities that may impact the flow of traffic. 4. The Contractor shall be responsible for making provisions for the safe and free passage of persons and vehicles by, over,or around the work until the project is completed. Such provisions shall be satisfactory with the Owner and State,County and local authority having jurisdiction in the area of work. 5. Provide,operate,and maintain equipment, services,and personnel,with traffic control and protective devices,as required to expedite vehicular traffic flow on haul routes,at Site entrances, on-Site access roads,and parking areas. This includes traffic signals and signs, flagmen,flares, lights, barricades,and other devices or personnel as necessary to adequately protect the public. 6. Remove temporary equipment and facilities when no longer required. Restore grounds to original, better, or specified condition when no longer required. 01530-Barriers&Temp Controls 01530—5 SECTION 01530—TEMPORARY BARRIERS AND CONTROLS (continued) 7. When required by the State, County or local authority that traffic be maintained over any construction work in a public or private highway,street, road,or other vehicle traffic path, and such traffic cannot be maintained on the alignment of the original roadbed or pavement,the Contractor shall, at his own expense, provide and/or construct and maintain a detour around the work. Such detours shall be satisfactory to the Owner and to State,County, or local authority. The Contractor shall provide and maintain all barricades, signs,torches, lights and markers around the work as may be required by the various agencies having jurisdiction in the work area. The Contractor shall also provide qualified flagmen to direct traffic while working upon a highway, street or road over which traffic must pass. 8. Excavated areas within the traffic lanes of highways, streets or roads and pedestrian walkways shall be backfilled as soon as possible and the area opened to traffic. 9. Bridge over open trenches where necessary to maintain traffic. 10. Consult with governing authorities to establish public thoroughfares which will be used as haul routes and Site access. All operations shall meet the approval of owners or agencies having jurisdiction. 11. The Contractor shall obtain permission from the applicable State, County or local authority(ies)before closing or obstructing any public highway, street or road. This shall include,but not necessarily be limited to,coordination with Fire Departments, 911 services,and other emergency services. 12. The Contractor shall make the same provisions as described above for the passage of vehicular and pedestrian traffic between private property and public highways,streets and roads or other provisions that are satisfactory to the Owner and the property owners involved. B. Maintenance of Roadways: 1. Repair roads, walkways, and other traffic areas damaged by operations. Keep traffic areas as free as possible of excavated materials and maintain in a manner to eliminate dust,mud,and hazardous conditions. 2. All operations and repairs shall meet the approval of owners or agencies having jurisdiction. 3.07 RAILROAD SERVICE: A. Maintenance: 1. Schedule operations and exercise care to avoid any interruption to continuous service over the railroads within or adjacent to the Work area. 2. Before transporting Equipment and Materials across railroad tracks or performing Work within any railroad right-of-way,obtain permission or any necessary permits from the railroads. 3. The Work shall be subject to all supervision, inspection,and other conditions required by the affected railroads. END OF SECTION 01530 01530-Barriers&Temp Controls 01530—6 SECTION 01560—TEMPORARY UTILITIES AND FACILITIES PART 1 - GENERAL 1.01 SUMMARY: A. This Section includes requirements of a temporary nature not normally incorporated into final Work. It includes the following: 1. Utility services. 2. Construction and support facilities. 3. Construction aids. 4. Safety and health. 5. Fire protection. • B. Related Work Specified Elsewhere: 1. Temporary Barriers and Controls: SECTION 01530. 1.02 REFERENCES: A. American National Standards Association(ANSI): 1. A10 Series—Safety Requirements for Construction and Demolition. B. National Electrical Contractors Association(NECA): 1. Electrical Design Library—Temporary Electrical Facilities. C. National Fire Protection Association(NFPA): • 1. 10—Portable Fire Extinguishers. 2. 70—National Electrical Code. 3. 241 —Safeguarding Construction,Alterations,and Demolition Operations. D. National Electrical Manufacturers Association(NEMA). E. Underwriters Laboratories(UL). 1.03 SUBMITTALS: A. Temporary Utilities: Submit reports of tests, inspections, meter readings, and similar procedures performed on temporary utilities. B. Implementation and Termination Schedule: Submit a schedule indicating implementation and termination of each temporary utility within 15 days of the date established for commencement of the Work. 1.04 QUALITY ASSURANCE: A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: 1. Building Code requirements. 2. Health and safety regulations. 3. Utility company regulations. 4. Police, Fire Department, and rescue squad rules. 5. Environmental protection regulations. B. Standards: 1. Comply with NFPA 10 and 241, and ANSI A10 Series standards "Temporary Electrical Facilities." 01560-Temp Utilities&Facilities 01560— 1 SECTION 01560—TEMPORARY UTILITIES AND FACILITIES (continued) 2. Comply with NEMA,NECA,and UL standards and regulations for temporary electric service. Install service in compliance with NFPA 70. C. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. 1.05 PROJECT CONDITIONS: A. Temporary Utilities: Prepare a schedule indicating dates for implementation and termination of each temporary utility. At the earliest feasible time, when acceptable to Owner,change over from use of temporary service to use of the permanent service. B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities,or permit them to interfere with progress. Do not allow hazardous,dangerous, unsanitary conditions,or public nuisances to develop or persist on the Site. PART 2 - PRODUCTS 2.01 MATERIALS AND EQUIPMENT: A. Provide new materials and equipment. Provide materials and equipment suitable for the use intended,of capacity for required usage,and meeting applicable codes and standards. Comply with requirements of the TECHNICAL SPECIFICATIONS. B. Water: Provide potable water approved by local health authorities. C. Water Hoses: Provide 3/4-inch(19-mm), heavy-duty, abrasion-resistant,flexible rubber hoses 100 feet(30 m)long, with pressure rating greater than the maximum pressure of the water distribution system. Provide adjustable shutoff nozzles at hose discharge. D. Electrical Outlets: Provide properly configured,NEMA-polarized outlets to prevent insertion of 110-to 120V plugs into higher voltage outlets. Provide receptacle outlets equipped with ground-fault circuit interrupters, reset button,and pilot light for connection of power tools and equipment. E. Electrical Power Cords: Provide grounded extension cords. Use hard-service cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length-voltage ratio. F. Lamps and Light Fixtures: Provide general service incandescent lamps of wattage required for adequate illumination. Provide guard cages or tempered-glass enclosures where exposed to breakage. Provide exterior fixtures where exposed to moisture. G. Heating Units: Provide temporary heating units that have been tested and labeled by UL, FM,or another recognized trade association related to the type of fuel being consumed. 01560-Temp Utilities& Facilities 01560—2 SECTION 01560—TEMPORARY UTILITIES AND FACILITIES (continued) H. Fire Extinguishers: Provide hand-carried, portable, UL-rated,Class A fire extinguishers for temporary offices and similar spaces. In other locations, provide hand-carried, portable, UL-rated,Class ABC,dry-chemical extinguishers or a combination of extinguishers of NFPA-recommended classes for the exposures. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size required by location and class of fire exposure. PART 3- EXECUTION 3.01 TEMPORARY UTILITIES: A. General: 1. Engage the appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service, provide the remainder with matching,compatible materials and equipment. Comply with utility company recommendations. 2. Provide adequate utility capacity at each stage of construction. Prior to availability of temporary utilities at the site, provide trucked-in services as required for start-up of construction operations. 3. Obtain and pay for temporary easements required to bring temporary utilities to the Project Site, where the Owner's permanent easement cannot be used for that purpose. 4. Furnish, install, and maintain temporary utilities required for adequate construction, safety, and security. Modify,relocate, and extend systems as Work progresses. Repair damage caused by installation or use of temporary facilities. Grade the areas of Site affected by temporary installations to required elevations and grades, and clean the area. Remove on completion of Work or until service or facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 5. The types of temporary construction utilities and facilities required include, but not by way of limitation,water distribution, drainage,dewatering equipment,enclosure of Work, heat, ventilation,electrical power distribution, lighting,hoisting facilities,stairs, ladders,and roads. 6. Inspect and test each service before placing temporary utilities in use. Arrange for required inspections and tests by governing authorities,and obtain required certifications and permits for use. 7. Materials used for temporary service shall not be used in the permanent system unless so specified or acceptable to Engineer. 3.02 TEMPORARY ELECTRICITY AND LIGHTING: A. New Service: 1. Arrange with utility company and provide service required for power and lighting. 2. Connect temporary service in a manner directed by utility company officials. Provide separate meter for metering of power used by all entities authorized to be at or perform Work at the Project Site. 01560-Temp Utilities&Facilities 01560—3 SECTION 01560—TEMPORARY UTILITIES AND FACILITIES (continued) 3. The electric service shall be of sufficient capacity and characteristics for the various construction tools, machinery, lights, heating and air conditioning, pumps,and other tools required by Contractor and his Subcontractors. 4. Provide weatherproof,grounded, power distribution system sufficient to accommodate construction operations requiring power, use of power tools, electrical heating,and lighting. Provide overload protection. Locate • multiple outlets spaced so that entire area of construction can be reached by power tools on a single extension cord of 100-foot maximum length. Supply power for electric welding, if any,from either temporary power distribution system or by engine-driven, power-generator sets at Contractor's option. 5. Provide all necessary temporary wiring, panelboards, switches,outlets,and other devices so that power and lighting is available throughout the construction area. Include meters,transformers,overload protection disconnects,automatic ground fault interrupters,and main distribution switch gear. Include overcurrent protection on all conductors of the temporary system. 6. Provide adequate artificial lighting for all areas of Work when natural light is not adequate for Work. a. Sufficient light shall be provided for general construction areas and floor areas, with additional sufficient lighting for specific tasks and to meet • safety requirements. B. Use of Existing System: 1. Owner's existing system shall not be used for temporary electricity. C. Use of Permanent System: 1. Prior to use of permanent system(facilities being constructed by Contractor) for construction purposes,obtain written permission of Owner. 2. Maintain permanent system as specified for temporary facilities. D. Costs of Installation and Operation: 1. Pay fees and charges for permits and applications. 2. Pay costs of installation, maintenance, removal of temporary services, and restoration of any permanent facilities used. 3. Pay costs of electrical power used. 4. Obtain and pay costs for temporary easements required across properties other than that of Owner. 3.03 TEMPORARY WATER: A. New Service: I. Arrange with utility service company to provide water for construction purposes. 2. Connect service to water main in a manner directed by utility company officials. Provide with meter and shut off valve near connection to the water main. 3. Size water service to provide adequate volume for all anticipated construction uses,and to maintain minimum required pressure. 4. Install piping with outlets located so that water is available throughout the construction area. • 01560-Temp Utilities&Facilities 01560—4 • SECTION 01560—TEMPORARY UTILITIES AND FACILITIES (continued) 5. Prevent freezing of water distribution system. Maintain hose connections and outlet valves in leakproof condition. 6. Sterilize temporary water piping prior to use. B. Use of Existing System: 1. Owner's existing system may be used for temporary water. 2. Make connections to existing facilities to provide water for construction purposes. a. Water Source: Make connections to Owner's service located at point indicated or where instructed by Owner. 3. Modify, supplement, and extend system as necessary to meet temporary water requirements and prevent overloading of existing system. 4. Regulate system to prevent interference with Owner's usage. C. Use of Permanent System: 1. Prior to use of permanent system for construction purposes,obtain written permission of Owner. 2. Prior to Use of System for Drinking Water: a. Disinfect piping. b. Obtain inspection and approval of governing authority. D. Costs of Installation and Operation: 1. Pay all costs for installation,maintenance,and removal. 2. Pay all costs for water used. 3.04 TEMPORARY SANITARY FACILITIES: A. Contractor-Furnished Facilities: 1. Furnish, install, and maintain temporary sanitary facilities for use through construction period. Remove on completion of Work. 2. Provide for all construction workers under this Contract and representatives at the Site. 3. Toilet facilities shall beof the chemical, aerated recirculation,or combustion type, properly vented,and fully enclosed with a glass-fiber-reinforced polyester shell or similar nonabsorbent material. 4. Water and sewer connected facilities may be installed to extent permitted by governing regulations. a. Provide lavatories, mirrors, urinals(where applicable),and water closets in water and sewer connected units. Provide only potable water at lavatories. Provide individual compartments for water closets where the unit is intended for occupancy by more than one person. Provide suitable enclosure with nonabsorbent sanitary finish materials and adequate heat,ventilation and lighting. b. Provide separate toilet facilities for male and female construction personnel as required. 5. Wash Facilities: Install potable water-supplied wash facilities at locations convenient to construction personnel involved in the handling of compounds and materials where wash-up is necessary to maintain a safe, healthy and sanitary condition. Where recommended or required by governing authorities and regulations or recognized standards provide emergency safety showers, emergency eye-wash fountains, showers,and similar facilities. 01560-Temp Utilities&Facilities 01560-5 SECTION 01560—TEMPORARY UTILITIES AND FACILITIES (continued) Dispose of drainage properly. Supply soap and other cleaning compounds appropriate for each condition. 6. Drinking Water Fixtures: Provide containerized tap-dispenser type drinking water units. Provide drinking water fountains if piped potable water is reasonably accessible from permanent or temporary lines. 7. Supply and maintain toilet tissue, paper towels, paper cups and similar disposable materials as appropriate for each facility. Provide appropriate covered waste containers for used material. B. Use of Existing Facilities: 1. Not applicable. 3.05 SEWERS AND DRAINAGE: A. General: Where sewers or drainage facilities are not available for discharge of effluent,provide containers to remove and dispose of effluent off the Site in a lawful manner. If existing sewers are available for temporary drainage near the Site prior to completion of permanent sewers, provide temporary connections to remove effluent that can be lawfully discharged into the sewers. If existing sewers cannot be used for discharge, provide drainage ditches,dry wells, waste stabilization ponds,and similar discharge facilities to remove effluent that can be lawfully discharged in that manner. B. Connect temporary sewers to the municipal sewer systems in the manner directed by the sewer department officials. C. Maintain temporary sewers and drainage facilities in a clean, sanitary condition. Following heavy usage,restore to normal conditions promptly. Provide and maintain temporary earthen embankments and similar barriers in and around construction excavations and subgrade construction,sufficient to prevent flooding by runoff of storm water from heavy rain storms. 3.06 TEMPORARY CONSTRUCTION AIDS: A. General: 1. Provide construction aids and equipment required by personnel and to facilitate the execution of the Work; scaffolds, staging, ladders, stairs,ramps, runways, platforms, railings,hoists, cranes,chutes,and other such facilities and equipment. 2. Materials may be new or used, must be suitable for the intended purpose, and meet the requirements of applicable codes,regulations,and standards. 3. When permanent stair framing is in place, provide temporary treads, platforms,and railings for use by construction personnel. 3.07 TEMPORARY SAFETY AND HEALTH: A. General: Contractor shall be responsible for development of safety and health programs for personnel at Project Site as specified in the GENERAL CONDITIONS. 01560-Temp Utilities&Facilities 01560—6 SECTION 01560—TEMPORARY UTILITIES AND FACILITIES (continued) 3.08 'TEMPORARY FIRE PROTECTION: A. General: 1. Contractor shall be responsible for development of a fire prevention and protection program for all Work under this Contract. 2. The program shall comply with the applicable provisions for safety and protection as set forth in the GENERAL CONDITIONS and with applicable parts of the NFPA 10 and 241. 3. Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near such usable stairwell. 4. Store combustible materials in containers in fire-safe locations. 5. Maintain unobstructed access to fire extinguishers,fire hydrants,temporary fire protection facilities, stairways,and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 6. Provide supervision of welding operations and similar sources of fire ignition. 7. Post warning and instructions at each extinguisher location,and instruct construction personnel on proper use of extinguishers and other available facilities at Project Site. Post local fire department telephone number on or • near each telephone instrument at Project Site. B. Permanent Fire Protection: 1. Complete each fire protection facility at earliest reasonable date, place into operation, and make ready for emergency use. 2. Instruct personnel at Site on availability and proper use. 3.09 INSTALLATION AND REMOVAL: A. Relocation: Relocate construction aids as required by progress of construction, storage limitations,or Work requirements and to accommodate requirements of Owner and other contractors at the Site. B. Removal: Remove temporary materials,equipment,and services when construction needs can be met and allowed by use of permanent construction,or at completion of the Project. C. Repair: Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations for construction aids. 2. Grade the areas of the Site affected by temporary installations to required elevations and clean the area. END OF SECTION 01560 01560-Temp Utilities&Facilities 01560—7 SECTION 02001 —MOBILIZATION PART 1 - GENERAL 1.01 SUMMARY: A. It is the intent of this Contract to supply the Contractor with work orders constituting the majority of the plan quantity upon issuance of the Notice to Proceed. In the work order the City of Fayetteville will specify whether the Contractor will mobilize in accordance to standard conditions or emergency conditions. B. Standard Mobilization will require the Contractor to begin work within fifteen(15) working days from the issuance of the work order or orders. C. Emergency Mobilization will require the Contractor to begin work within three(3) working days from the issuance of the work order or orders. D. The Contractor shall schedule crews in a way to have continuous work from the time a work order has been initiated until it is complete. The Contractor shall not demobilize until all work from the work order is complete. PART 2 - PRODUCTS Not Applicable PART 3- EXECUTION 3.01 MOBILIZATION TIMES: A. Standard Mobilization will require the Contractor to begin work within fifteen(15) working days from the issuance of the work order or orders. B. Emergency Mobilization will require the Contractor to begin work within three(3) working days from the issuance of the work order or orders. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. By each mobilization. B. Quantities stipulated in the Bid Schedule are approximate. The basis of payment for Mobilization will be the actual number of Emergency and Regular Mobilizations performed. C. 4.02 PAYMENT A. Payment made for each mobilization shall be the Contract unit price bid and shall be complete compensation for all required labor, products,tools, materials, transportation, lands, overhead,profit and incidentals necessary for the Contractor's mobilization. B. The Contractor agrees that he will make no claim for damages, or anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and the estimated amounts therefore. END OF SECTION 02001 02001 02001 — 1 SECTION 02003 TRENCH SAFETY/PROTECTIVE SYSTEMS PART 1 -GENERAL 1.01 WORK INCLUDED A. Comply with OSHA (Occupational Safety and Health Administration) Standards 29 CFR 1926 Safety and Health Regulations for Construction Subpart P, Excavations, Standard 1926.650, of the Code of Federal Regulations and as follows. B. The Contractor is responsible for ensuring that safe working conditions exist and safety procedures are being followed at the work site. The Contractor is responsible to comply with all Federal, State and City laws, rules or regulations stated or not stated within these specifications. C. If the Contractor is working for any Arkansas public body (state agency, county, municipality, school district, or other local tax unit or improvement district), and has entered into a contact under the provisions of Arkansas Code Title 22. Public Property §§ 22-9-202-204, then the engineer and the contractor shall comply with Arkansas Code Title 22. Public Property § 22-9-212 Public improvements generally - Trench or excavation safety systems. The requirements include, but are not necessarily not be limited to: 22-9-212. Public improvements generally -- Trench or excavation safety systems. (a) Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of 22-9-202 -- 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county,municipality, school district, local taxing unit,or improvement district shall • require: (1) That the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P, be specifically incorporated into the specifications for the project; and (2) That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid. (b) In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section,the agency, county, 02003_Trench_Safety 02003-1 • municipality, school district, local taxing unit,or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Department of Labor of the award of a contract covered by this section. The contractor is responsible for compliance with the latest version of this Code(Arkansas Code Title 22. Public Property § 22-9-212 Public improvements generally - Trench or excavation safety systems). D. Protective Systems-The Contractor shall design or provide an engineered design,and shall install, and maintain Protective Systems in strict compliance with OSHA (Occupational Safety and Health Administration) Standards 29 CFR 1926—Construction,of the Code of Federal Regulations and all other applicable Federal, State, and local requirements. 1.02 29 CFR 1926, SUBPART P, INCORPORATED A. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P, is incorporated by reference into these Standard specifications. B. Additional information may be found at: United states Department of Labor, Occupational Safety and Health Administration, Regulations (Standards — 29 CFR) Construction Standard Number 1926 — Safety and Health Regulations for Construction. https://www.osha.gov/pl s/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p _toc_level=l&p_keyvalue=1926 Trenching and Excavation Safety OSHA 2226-10R 2015 Booklet at: https://www.osha.gov/Publications/osha2226.pdf 1.02 MEASUREMENT AND PAYMENT A. Measurement and Payment for the work included in this section will be in accordance with the prices set forth in the Unit Price Bid Schedule for the quantity of work performed and accepted and as specified elsewhere within the Contract Documents. END OF SECTION 02003 02003 Trench_Safety. 02003-2 • SECTION 02004 CONFINED SPACES PART 1 -GENERAL 1.01 GENERAL A. Comply with OSHA (Occupational Safety and Health Administration) Standards 29 CFR 1910 Occupational Safety and Health Standards including Subpart J, General Environmental Controls Excavations, Standard 1910, including but not limited to 29 CFR 1910.146, Permit-required Confined Spaces of the Code of Federal Regulations and as follows. B. The Contractor is responsible for ensuring that safe working conditions exist and safety procedures are being followed at the work site.The Contractor is responsible to comply with all Federal, State and City laws, rules or regulations stated or not stated within these specifications. The Contractor is responsible to notify OSHA of the commencement of all water or sewer construction. C. The Contractor is responsible to notify the Utilities Director,and the Engineer,when personnel are • to work in, or near, a Permit-Required Confined Space and contractor shall coordinate such work with the Utilities Director,and the Engineer. D. Contractor shall inform the Utilities Director, and the Engineer, of type of Permit-Required Confined Space documentation,permit and program used by the contractor. E. Contractor shall inform the Utilities Director, and the Engineer, of any hazards confronted or created in a Permit-Required Confined Space. F. The Contractor is responsible to notify the Utilities Director,and the Engineer,when personnel are to work in, or near, a Non-Permit-Required Confined Space and contractor shall coordinate such work with the Utilities Director,and the Engineer. G. Contractor shall inform the Utilities Director, and the Engineer, of type of Non-Permit-Required Confined Space documentation and program used by the contractor. H. Contractor shall inform the Utilities Director, and the Engineer, of any hazards confronted or created in a Non-Permit-Required Confined Space. END OF SECTION 02004 02004_Confined_Spaces I SECTION 02005 PUBLIC EMPLOYEES RIGHT TO KNOW ACT PART 1 -GENERAL 1.01 WORK INCLUDED A. Comply with OSHA (Occupational Safety and Health Administration) Standards 29 CFR 1910 Occupational Safety and Health Standards including Subpart H, Hazardous Materials, Standard 1910.120,of the Code of Federal Regulations and as follows. B. Comply with State of Arkansas Act 556 of 1991,Arkansas Code Ann.Sec 8-7-1101 et.Seq.: Public Employees Chemical Right to Know Act, and as follows. C. The Contractor is responsible for ensuring that safe working conditions exist and safety procedures are being followed at the work site.The Contractor is responsible to comply with all Federal, State and City laws, rules or regulations stated or not stated within these specifications. D. The Contractor shall provide to the Utilities Director, and the Engineer, a list of all hazardous chemicals and a copy of the appropriate Safety Date Sheets(SDS)(previously aka Material Safety Data Sheets) brought onto the property. This information is required prior to any work being started. E. The City will provide to the contractor a list of hazardous chemicals at any City facility where work is being performed. The locations and SDS information will be provided prior to any work starting. The contractor is responsible for disseminating this information to its employees. • END OF SECTION 02005 • 002005_Right_to_Know 1 SECTION 02006 ASBESTOS PIPE PART 1 -GENERAL 1.01 WORK INCLUDED A. If asbestos pipe is indicated on the plans for removal, tapping, connection to or other work, or if asbestos pipe is discovered on the project site,then the Owner shall have prepared an asbestos pipe work plan or an asbestos pipe mediation plan. The Owner will submit the asbestos pipe work plan or an asbestos pipe mediation plan to the City for review and approval prior to work beginning that includes asbestos pipe. B. Comply with U.S. Environmental Protection Agency(EPA)40 Code of Federal Regulations(CFR) Part 61, Subpart M,National Emission Standards for Asbestos. C. Comply with OSHA (Occupational Safety and Health Administration) Standards 29 CFR 1926 Safety and Health Regulations for Construction Subpart Z, Toxic and Hazardous Substances, Standard 1926.1101-Asbestos, of the Code of Federal Regulations and as follows. D. Comply with Arkansas Department of Environmental Quality (ADEQ) regulations including Regulation 21,The Arkansas Asbestos Abatement Regulation. When required by ADEQ Regulations, provide the Notice of Intent to remove asbestos to ADEQ and copy to the City,Owner and Contractor or Engineer of Record. E. The Contractor is responsible for ensuring that safe working conditions exist and safety procedures are being followed at the work site.The Contractor is responsible to comply with all Federal,State and City laws, rules or regulations stated or not stated within these specifications. END OF SECTION 02006 002006_Asbestos 1 • SECTION 02735—CLEANING AND INTERNAL TELEVISION PART 1 - GENERAL 1.01 SUMMARY: A. This Section includes provision of cleaning operations, inspection,and closed circuit television monitoring operations,and all associated work for the sizes and lengths of sewers encountered. Cleaning, debris/solids/root removal, and internal television before and after the installation of CIPP is considered subsidiary to the cost for installing the CIPP liner.No additional payment will be made for this item. B. All sewer to receive CIPP shall be cleaned and inspected. C. All sewers to be inspected shall be cleaned as hereinafter specified unless approved otherwise by the City of Fayetteville. D. It is not required that television inspection be provided by the Contractor during the cleaning operation. However, he may do so at his own expense. E. Contractor's cleaning operations and line inspections are generally limited to 7:30 a.m.to 4:30 p.m. on Monday through Friday except holidays unless previously approved by the City of Fayetteville. F. Contractor shall provide traffic control personnel during operations to maintain safety of all personnel and public traffic maintenance. G. Contractor shall plug each sewer segment and allow to drain prior to performing internal inspection if flow levels exceed 25 percent of pipe diameter 1. If the specified low flow levels are not achievable using flow through plugs or by scheduling inspection during low flow hours,the City of Fayetteville may authorize the inspection above these flow levels. H. The Contractor shall be responsible for any backups in the sanitary sewer system caused by the cleaning and/or TV operation. Any damage to property, both public and private, including but not limited to backup into homes, businesses, etc., shall be repaired, cleaned or replaced to the satisfaction of the owner of such property at no cost to the City of Fayetteville. PART 2 - PRODUCTS 2.01 MATERIALS: A. EQUIPMENT 1. The Contractor shall allow City of Fayetteville to become familiar with Contractor's equipment before commencement of work. B. CLEANING EQUIPMENT 1. The Contractor shall provide all equipment necessary for proper flushing and cleaning of the sewers in the sizes indicated prior to television inspection. Hydraulic high pressure sewer cleaners used for sanitary sewer cleaning shall be specifically designed and constructed for such cleaning. The sewer cleaner shall have a minimum usable water capacity of 600 gallons and a pump capable of delivering at least 30 gallons per minute(gpm)at 1,000 psi. 02735 02735— 1 SECTION 02735—CLEANING AND INTERNAL TELEVISION—EXISITNG SEWERS (continued) Pressure to the nozzle shall be regulated by a relief valve adjustable from 0 to 1,500 psi minimum. The equipment will be subject to approval by the City of Fayetteville. a. The Contractor shall submit for approval the manufacturer's information for the proposed cleaning equipment. b. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. Sewers damaged as a result of the Contractor's operations shall be promptly repaired by the Contractor at no cost to the City of Fayetteville. c. All equipment, devices, and tools required for this contract shall be owned(or leased)and operated by the Contractor. C. TELEVISION EQUIPMENT a. The television cameras used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe, acceptable to the City of Fayetteville. The camera shall be operative in 100 percent humidity conditions, have 360° rotate and 290°pan capability,a minimum of 3 lux light capability, and shall have a minimum of 600 line resolutions. The camera equipment must have the capability of being mounted on skids and winched through the sewer lines if required by the condition of the lines. b. The Contractor shall also provide a color mini-camera based closed circuit television inspection system. This system will be used to remotely inspect service laterals from the cleanout. Picture quality should be of a degree of quality to allow a thorough evaluation of service lateral condition. c. Digital recording equipment will be required for all video. The video that will be provided to City of Fayetteville shall be DVD format. d. The Contractor shall provide equipment for viewing of the inspection as it takes place. PART 3- EXECUTION 3.01 CLEANING A. CLEANING SEWERS 1. Existing flows shall not be interrupted for periods longer than one hour. Sewage diverted during cleaning operations shall be returned to the sanitary system and not discharged into the streams or storm drain system. Cleaning of these sewers may be by means of hydraulic high pressure jetting or other equipment as needed. 02735 02735—2 SECTION 02735—CLEANING AND INTERNAL TELEVISION—EXISITNG SEWERS (continued) 2. Jet machines may be refilled from fire hydrants in a manner pre-approved and acceptable to the City of Fayetteville such manner must include metering and backflow prevention. The Contractor is responsible for any adverse impact on the water distribution system including but not limited to damage to the system from water hammer and transient forces resulting from his filling operations. 3. The Contractor shall be billed and shall pay for all water used. 4. Backflow prevention is required on Contractor's equipment during filling operations. 5. Unless pre-approved otherwise by the City of Fayetteville,cleaning shall be performed prior to closed circuit television inspection. The cleaning operations shall be conducted no more than 48 hours in advance of television inspection of the sewer line. 6. Hydraulic cleaning shall be performed for all main sewers to be inspected. Three attempts shall be made, if necessary, by the Contractor unless directed otherwise by the City of Fayetteville. If the line is still not suitable for TV inspection as determined by the City of Fayetteville,then additional cleaning techniques will be recommended by the Contractor to the City of Fayetteville. • 7. Remove all sludge,dirt, sand,grease,roots,rocks, gravel, and other materials from the pipe and collect and remove resulting debris from the downstream manhole of the sewer section being cleaned. Passing material from sewer section to sewer section will not be permitted. An approved dam or weir shall be constructed in the downstream manhole in such a manner that debris and solids will be trapped and retained. 8. Roots shall be removed in the sections designated by the City of Fayetteville where root intrusion is a problem. Special precautions should be exercised to assure removal of visible roots form the joint area which could hinder normal flow or interfere with any rehabilitation or repair techniques that may be performed. The use of mechanical devices such as kites,balls,rodding machines, root cutters, porcupines, and hydraulic procedures such as high- pressure jet cleaners shall be used,as required. Thiswork will be documented with video, before and after removal of the roots, as directed by the City of Fayetteville. B. DISPOSAL OF DEBRIS I. Under no circumstances shall sewage or solids be dumped onto the ground surface,street or into ditches,catch basins or storm drains. 2. All solids or semi-solids resulting from the operations shall be removed from the site by the Contractor unless authorized or directed otherwise by the City of Fayetteville. Trucks hauling solids or semi-solids from the site shall be watertight so that no leakage or spillage will occur. 02735 02735—3 SECTION 02735—CLEANING AND INTERNAL TELEVISION—EXISITNG SEWERS (continued)• . 3. Disposal will be the responsibility of the Contractor at a location approved by the City of Fayetteville. C. RE-CLEANING 1. If a pipeline is found not to be properly cleaned(by visual inspection,video review,or field analysis) in the opinion of the City of Fayetteville,the television equipment shall be removed and the sewer re-cleaned at no expense to the City of Fayetteville. 3.02 INSPECTION OPERATIONS A. CAMERA WORK 1. Cleaning shall be performed prior to the inspection. 2. The inspections shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of the sewer in a manner approved by the City of Fayetteville. Such method will include plugging all upstream flow if necessary. Plugs shall be secure to remain in place and operations conducted to prevent backflow into buildings. 3. The camera shall be inserted in the upstream manhole of the line segment and moved through the line at a uniformly slow rate(maximum 30 feet/minute), stopping at defective joints,all defects and each service connection to allow adequate evaluation by City of Fayetteville. In addition, the pan/tilt feature of the camera shall be utilized at each service connection and lateral to provide a clear picture for determination of condition by the City of Fayetteville,and whether the line is plugged or active. If the line segment to be televised has a cleanout on the upstream end,then the inspection will begin at the downstream manhole. 4. If progress of the television camera is impeded or stopped by roots in the sewer reach being inspected,the camera shall be withdrawn. The camera shall then be reinserted at the other manhole of the sewer reach and the television inspection resumes. If the camera is stopped by roots or debris that, in the opinion of the City of Fayetteville,should have been removed by the cleaning operation,the camera shall be removed and the line re-cleaned at no additional cost to the City of Fayetteville. Once the re-cleaning is complete,the Contractor shall televise the line segment. The cost to televise and re-televise is subsidiary to the work and no separate payment will be made. 5. Other obstruction may be encountered during the course of the internal inspection that prevent the travel of the camera. Should an obstruction not be passable,the Contractor shall withdraw the equipment and begin internal inspection from the opposite end of the sewer reach. Should additional obstructions be encountered after the re-employment and no means are available for passing the obstruction without damage to the equipment,then the remaining sections of the sewer not inspected shall be excluded from the 02735 02735—4 SECTION 02735—CLEANING AND INTERNAL TELEVISION—EXISITNG SEWERS (continued) work requirements of the contract. Cost related to difficulties encountered during internal inspections will not be measured for payment nor constitute • additional cost to the Contract Price,but will be considered as incidental to the contract. 6. If requested by the Contractor, and subsequently agreed upon by the City of Fayetteville,then the City of Fayetteville will assist for removal of equipment that becomes lodged in the sanitary sewer line. The City of Fayetteville is not responsible for damage of any of the contractor's equipment including the television(TV)camera and its associated equipment during the assistance or removal/retrieval process. B. VIEWING 1. Telephones, portable radio,CB,walkie talkies,or other electronic means of communications must be set up where voice or manual communications is not feasible. The Contractor shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. C. RECORD LOGS 1. Measurement for location of defects in sewer mains shall be at the ground level by means of a meter device. Marking on cable or the like which requires interpolation for depth of manhole will not be allowed. Measurement meters shall be accurate to 0.2 feet. A measuring target in front of the television camera shall be used as an exact measurement reference point,and the meter reading shall show this exact location of the measurement reference point. The first feature out of the manhole or cleanout will be measured and used as the initial reference point. If a buried manhole is encountered during the internal TV inspection,the footage will be reset to zero and that segment shall be treated as a new line segment. The City of Fayetteville's field representative shall advise the Contractor on the numbering procedure for this new manhole. 2. The CONTRACTOR shall furnish all video equipment and DVD media for digital recording. No reel to reel video recording equipment or VHS tapes • will be permitted. In the course of inspection,all sewer sections will be videoed in their entirety. 3. Defects shall be described and quantified verbally on the video by the Contractor. Where appropriate, existing landmarks shall be identified. 4. The video will be reviewed by the City of Fayetteville for focus, lighting, clarity of view,and technical quality. The Contractor shall maintain sharp focus, proper lighting, and clear, distortion free viewing during the camera operations. The Contractor shall maintain plugging and eliminate steam in the line for the duration of the inspection. Failure to maintain these conditions will result in rejection of the video by the City of Fayetteville. Any sewer line whose video is not acceptable to the City of Fayetteville will be re-televised at no expense to the City of Fayetteville. 02735 02735—5 SECTION 02735—CLEANING AND INTERNAL TELEVISION—EXISITNG SEWERS (continued) 5. Each individual video shall be properly labeled by the Contractor prior to submittal to the City of Fayetteville. The label shall list the City of Fayetteville's sewer line segment number,data,City of Fayetteville, name of Contractor, and video number. 6. Each setup shall be described visually(by superimposing a descriptive caption on the video which identifies critical information)and described audibly on the video recording, both at the initiation and at the conclusion of the setup. The line segment shall be described by the City of Fayetteville's segment number which includes both basin and manhole numbers. The video counter number shall be voiced on the video recording and written on the record logs both at the initiation and conclusion of each setup. In addition,the video counter number and a brief description of all service laterals,cleanouts,and defects shall be audibly indicated on the video recording. 7. The Contractor shall be responsible for verifying that each service connection is active at the time of initial TV inspection. The Contractor shall be responsible for dye testing service connections that cannot be verified by visual inspection alone. No work shall be performed on any sewer lines until all services have been verified. Reinstatement of"dead"service connections will not be permitted. 8. A printed report shall be furnished for each line segment televised. The report will contain the location of service laterals,the status of the laterals, location of cleanouts,the status of the cleanouts and the location and description of any defects. PART 4- PAYMENT A. Cleaning and Internal Television are incidental and subsidiary. 1. There shall be no measurement for Cleaning and/or Internal Television. 2. There shall be no direct payment for Cleaning and/or Internal Television. END OF SECTION 02735 02735 02735—6 SECTION 02770—CURED IN PLACE LINER MAIN LINE PART 1 - GENERAL 1.01 SUMMARY: A. This Section includes the reconstruction of pipelines and conduits by the installation of a resin-impregnated flexible tube,which is tightly formed to the original conduit. The resin is cured using either hot water under hydrostatic pressure or steam pressure within the tube. B. The finished Cured-In-Place Pipe(CIPP)shall be such that when the resin cures the total wall thickness is homogeneous,continuous and tight fitting. C. All materials furnished shall be manufactured in the U.S.A. 1.02 QUALITY ASSURANCE: A. PRODUCT, MANUFACTURER, BIDDER/CONTRACTOR QUALIFICATION REQUIREMENTS Products must document proven substantial successful long-term track records. All trenchless rehabilitation products and Bidders/Contractors must be approved by the City of Fayetteville for the bid to be acceptable. Bidder shall provide documentation attached to the Bid to verify compliance with this Specification. Products and Bidders/Contractors seeking approval must meet the specifications including but not limited to all of the following criteria to be deemed Commercially Proven and acceptable for this contract. 1. For a Product to be considered Commercially Proven,a minimum of 1,000,000 linear feet or 4,000 manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the City.of Fayetteville to assure commercial viability. 2. For a Contractor to be considered as Commercially Proven,the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville, and must have had at least 5 (five)years active experience in the commercial installation of the product bid. In addition,the Contractor must have successfully installed at least 50,000 feet of the product bid in wastewater collection systems. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville. 3. Sewer rehabilitation products submitted for approval must provide Third Party Test Results supporting the long-term performance and structural strength of the product and such data shall be satisfactory to the City of Fayetteville.No product will be approved without independent third party testing verification. 4. Both the rehabilitation manufacturing and installation processes shall operate under a quality management system that is third party certified to ISO 9001 or other internationally recognized organization standards. Proof of certification shall be required for approval. 02770 02770—1 SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued) 5. The Contractor shall own and operate its own permitted wet-out facility where the resin impregnation of the CIPP tube will be carried out. Documentation of such facility shall be submitted to the City of Fayetteville. No wet-out of purchased materials(tube& resin)shall be completed through 3rd party companies. B. The Contractor shall submit engineering calculations sealed by a Registered Professional Engineer licensed in the State of Arkansas for liner thickness using ASTM F1216 for approval by the City of Fayetteville after award of contract and prior to the start of work. C. Testing of CIPP field samples and other materials used in the work shall be done by an approved commercial laboratory and paid directly by the Contractor. 1.03 SUBMITTALS A. As defined within these Specifications and as defined elsewhere within the Contract Documents. 1.04 REFERENCED DOCUMENTS A. This specification references ASTM F1216(Rehabilitation of pipelines by the inversion and curing of a resin-impregnated tube), ASTM F 1743 (Rehabilitation of existing Pipelines and Conduits by Pulled-in-Place installation of Cured-In-Place Thermosetting Resin Pipe(CIPP),ASTM D5813 (Cured-In-Place Thermosetting Resin Sewer Pipe),ASTM D790(Test methods for flexural properties of Un- reinforced and Reinforced plastics and electrical Insulating Materials),and D2990 (Tensile,Compressive, and Flexural Creep and Creep-Rupture of Plastics) which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and these referenced documents,this specification will govern. PART 2 - PRODUCTS 2.01 MATERIALS: A. GENERAL 1. Tube-The Tube shall consist of one or more layers of absorbent non-woven felt fabric and meet the requirements of ASTM F1216, Section 5. The tube shall be constructed to withstand installation pressures,have sufficient strength to bridge missing pipe,and stretch to fit irregular pipe sections. 2. The wet out Tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the Design thickness. 3. The Tube, when installed,shall tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. 4. The outside layer of the Tube(before wet out) shall be coated with an impermeable,flexible membrane that will contain the resin and facilitate 02770 02770-2 SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued) monitoring of resin saturation during the resin impregnation (wet out) procedure. 5. The Tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers.No material shall be included in the Tube that may cause delamination in the cured CIPP.No dry or unsaturated layers shall be evident. 6. The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. 7. Seams in the Tube shall be stronger than the unseamed felt. • 8. The Tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the Manufacturers name or identifying symbol. 9. All materials shall be manufactured in the USA. 10. Resin-The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F 1216and the physical properties herein,and those which are to be utilized in the Design of the CIPP for this project.The resin shall produce CIPP, which will comply with the structural and chemical resistance requirements of this specification. 11. The Contractor is solely responsible for field verification of all pipe diameters and lengths prior to fabrication and installation. The Contractor shall remedy,at no cost to the City of Fayetteville,any defects in the installed resin tube resulting from field measurement errors, concealed changes in diameter,or from errors in diameters and lengths shown in the Unit Price Schedule. Contractor shall determine the minimum length necessary to effectively span the distance between access points. 12. No material, which has been used by the Contractor for any temporary purpose whatsoever, is to be incorporated in the permanent structure without written consent of the City of Fayetteville. 13. Where materials or equipment are specified by a trade or brand name, it is not the intention of the City of Fayetteville to discriminate against an equal product or another manufacturer, but rather to set a definite standard or equality or performance,and to establish an equal basis for the evaluation of • bids. Where the words "equivalent", "proper",or"equal to" are used,they shall be understood to mean that the thing referred to shall be proper,the equivalent of,or equal to some other thing, in the opinion of judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved sample. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connections with the materials, manufactured article or process,the material,article or process specifically designated shall be used, unless a substitute shall be approved in writing by the City of Fayetteville and the City of Fayetteville B. STRUCTURAL REQUIREMENTS • 02770 02770—3 SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued). 1. • The CIPP shall be designed as per ASTM F1216, Appendix X.1. The CIPP design shall assume no bonding to the original pipe wall. 2. The Contractor must have performed long-term testing for flexural creep of the CIPP pipe material installed by his Company. Such testing results are to be used to determine-the long-term,time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials (Tube and Resin)and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value(as measured by ASTM D-790 testing)will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Retention values exceeding 50%of the short term test results shall not be applied unless substantiated by qualified third party test data and pre-approved by the Owner. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in Design. 3. The Enhancement Factor `K' to be used in `Partially Deteriorated' Design conditions shall be assigned a value of 7. Application of Enhancement(K) Factors in excess of 7 shall be substantiated through independent test data. 4. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field • samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. • 5. The cured pipe material (CIPP)shall conform to the structural properties, as listed below. MINIMUM PHYSICAL PROPERTIES Cured Composite Property Test Method per ASTM F1216 Enhanced (400k Resin) Modulus of Elasticity ASTM D-790(short term) 250,000 psi 400,000 psi Flexural Stress ASTM D-790 4,500 psi 4,500 psi 6. The required structural CIPP wall thickness shall be based as a minimum,on the physical properties above and in accordance with the Design Equations in the appendix of ASTM F 1216,and the following design parameters: Design Safety Factor = 2.0 Retention Factor for Long-Term Flexural Modulus to be used in Design = See B.2 above (as determined by Long-Term tests described in paragraph B.2 above) Ovality* = 2% Enhancement Factor, k = See B.3 above Groundwater Depth(above invert)* = ft. Soil Depth(above crown)* = ft. Soil Modulus** = Psi Soil Density** = 120 pcf 02770 02770—4 SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued) • Live Load** = H2O Highway Design Condition = Fully Deteriorated * Denotes information which can be provided here or in inspection video or project construction plans. Multiple line segments may require a table of values. 7. Any layers of the tube that are not saturated with resin prior to insertion into the existing pipe shall not be included in the structural CIPP wall thickness computation. 8. Chemical Resistance-The CIPP shall meet the chemical resistance requirements of ASTM F1216,Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. 9. Hydraulic Capacity-Overall,the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 10. CIPP Field Samples-When requested by the City of Fayetteville,the Contractor shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified in B.5 above have been achieved in previous field applications. Samples for this • project shall be made and tested as described in Part 4 of this specification. PART 3- EXECUTION 3.01 INSTALLATION: A. GENERAL 1. It shall be the responsibility of the Contractor,48 hours prior to the initiation of construction on easements through private property,to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication,the Contractor shall inform the agency having jurisdiction in the area forty-eight(48)hours prior to initiation of the work. 2. It shall be the responsibility of the City of Fayetteville to locate and designate all manhole access points open and accessible for the work,and provide rights of access to these points. The City of Fayetteville shall provide access to water hydrants for cleaning, inversion and other work items requiring water. The Contractor will be responsible for the cost of the water. 3. Cleaning of Sewer Lines-The Contractor,when required, shall remove all internal debris out of the sewer line that will interfere with the installation of CIPP. The City of Fayetteville shall provide a dumpsite for all debris removed from the sewers during the cleaning operation. Unless stated otherwise, it is assumed this site will be at or near the sewage treatment facility to which the debris would have arrived in absence of the cleaning 02770 02770—5 SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued) operation. Any hazardous waste material encountered during this project will be considered as a changed condition. 4. Bypassing Sewage-The Contractor when required,shall provide for the flow of sewage around the section or sections of pipe designated for repair. The bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow.The City of Fayetteville may require a detail of the bypass plan to be submitted. 5. Inspection of Pipelines- Inspection of pipelines shall be performed by experienced personnel trained in locating breaks,obstacles and service connections by close circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions,which may prevent proper installation of CIPP into the pipelines,and it shall be noted so that these conditions can be corrected. A digital video and suitable hard copy log shall be kept for later delivery to and reference by the City of Fayetteville. 6. Line Obstructions- It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre-installation inspection reveals an obstruction such as a protruding service connection,dropped joint,or a collapse that will prevent • the inversion process,that was not evident on the pre-bid video(if available) and the obstruction cannot be removed by conventional sewer cleaning equipment,then the Contractor shall request the City of Fayetteville to make • a point repair excavation to uncover and remove or repair the obstruction. 7. Public Notification -The Contractor shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will be out of service,the maximum amount of time of no service shall be 8 hours for any property served by the sewer. A public notification program shall be implemented,and shall as a minimum,require the Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted,and when the sewer will be off-line.The Contractor shall also provide the following: a. Written notice to be delivered to each home or business the day prior to the beginning of work being conducted on the section,and a local telephone number of the Contractor they can call to discuss the project or any problems which could arise. b. Personal contact with any home or business, which cannot be reconnected within the time, stated in the written notice. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. c. The Contractor is responsible for confirming the locations of all branch service connections prior to installing the CIPP. The intent of this contract is for the City of Fayetteville to perform all excavations to include external lateral reinstatements,required point repairs, and obstruction removal. The Contractor shall not be required to perform 02770 02770—6 SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued) excavation without a Work Directive or Change Order issued by the City of Fayetteville. B. INSTALLATION 1. Installation -CIPP installation shall be in accordance with ASTM F1216, Section 7,with the following modifications: a. Resin Impregnation-The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. b. A vacuum impregnation process shall be used.To insure thorough resin saturation throughout the length of the felt tube,the point of vacuum shall be no further than 25 feet from the point of initial resin introduction. After vacuum in the tube is established, a vacuum point shall be no further than 75 feet from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular as possible. A roller system shall be used to uniformly distribute the resin throughout the tube. If the Contractor uses an alternate method of resin impregnation,the method must produce the same results. Any alternate resin impregnation method must be proven. c. Tube Insertion—The wet out tube shall be positioned in the pipeline using the inversion method. The tube should be inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. d. Temperature gauges shall be placed inside the tube at the invert level of each end to monitor the temperatures during the cure cycle. e. Curing shall be accomplished by utilizing hot water under hydrostatic pressure or steam pressure in accordance with the manufacturer's recommended cure schedule. A cool-down process shall be conducted that complies with the resin manufacturer's specification. C. INTERNAL REINSTATEMENT OF LATERAL CONNECTIONS 1. The Contractor shall be responsible to reinstate each service(Internal Reinstatement of Lateral Connections) without excavation, utilizing a remote controlled cutting device,monitored by a video TV camera. The service connection shall be cut at 95%of the opening with the remaining brushed into the lateral using a wire brush to provide a smooth transition from the main line to the service lateral. The Contractor shall certify he has a minimum of two complete working cutters plus spare key components on the site before each inversion. The Contractor must provide with his bid demonstrated successful experience with internal reinstatement of services located on 6-inch diameter sewer mains. 2. The City of Fayetteville reserves the right to reinstate service connections externally with its own forces. The City of Fayetteville will coordinate with the Contractor after the pre-TV video has been reviewed to determine which • 02770 02770—7 • SECTION 02770—CURED IN PLACE LINER MAIN LINE (continued) services, if any, will be reinstated externally. No lining work shall be scheduled until the City of Fayetteville and Contractor have reviewed all pre- TV video. All work that will require the City of Fayetteville to reinstate service connections externally shall be performed during normal business hours on Monday through Friday. City of Fayetteville crews will not work on Saturday or Sunday,without prior written approval from the City of Fayetteville. The Contractor's work schedule shall take into account the City of Fayetteville crew's availability for work. Additional internal reinstatements by Contractor may be required if external excavation is deemed inappropriate by the City of Fayetteville. D. CLEAN-UP 1. Upon acceptance of the installation work and testing,the Contractor shall restore the project area affected by the operations to a condition at least equal. to that existing prior to the work. PART 4- QUALITY CONTROL/OBSERVATION 4.01 GENERAL: A. SAMPLES 1. CIPP samples shall be prepared for each installation designated by the City of Fayetteville, approximately 20%of the project's installations. CIPP samples shall be prepared and physical properties tested in accordance with ASTM F1216. The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. All testing shall be paid for by the contractor. 2. Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than 871/2%of the design thickness as calculated in Paragraph 3.1.5 of this document. B. OBSERVATION 1. _ Visual observation of the CIPP shall be in accordance with ASTM F1743, Section 8.6 and as specified elsewhere within the Contract Documents. PART 5- MEASUREMENT AND PAYMENT - A. GENERAL 1. Measurement and Payment for the work included in this section will be in accordance with the prices set forth in the Unit Price Bid Schedule for the quantity of work performed and accepted and as specified elsewhere within the Contract Documents. END OF SECTION 02770 02770 02770—8