HomeMy WebLinkAbout81-19 RESOLUTION5 rnr�•,�
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 81-19
File Number: 2019-0159
INSITUFORM TECHNOLOGIES, LLC:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM
TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION
OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS AND
APPROVAL OF A CONTRACT AMENDMENT TO EXCHANGE THE PROFESSIONAL
ENGINEERING ENDORSEMENT TO NEW CITY STAFF
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 approves a one year contract
extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation
of sanitary sewer mains using cured -in-place sanitary sewer linings, and further approves a contract
amendment to replace the professional engineering endorsement with current Utilities Engineer Corey
Granderson's seal.
PASSED and APPROVED on 4/2/2019
Attest:
rr
Sondra E. Smith, City Clerk Ti- r C1Tkwo'Ptr��
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Page 1 Printed on 413119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0159
Agenda Date: 4/2/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 8
INSITUFORM TECHNOLOGIES, LLC:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM
TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION
OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS AND
APPROVAL OF A CONTRACT AMENDMENT TO EXCHANGE THE PROFESSIONAL
ENGINEERING ENDORSEMENT TO NEW CITY STAFF
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 approves a one year contract
extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of
sanitary sewer mains using cured -in-place sanitary sewer linings, and further approves a contract amendment to
replace the professional engineering endorsement with current Utilities Engineer Corey Granderson's seal.
City of Fayetteville, Arkansas Page 1 Printed on 4/312019
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2019-0159
Legistar File ID
4/2/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/7/2019 WATER SEWER (720)
Submitted Date Division/ Department
Action Recommendation:
Staff recommends approval of a one year extension of the contract with Insituform Technologies, Inc., as amended
by Res. 144-18, in an amount not to exceed $528,693.55 for City of Fayetteville sewer rehabilitation in 2019 using
cured -in-place sanitary sewer linings, and approval of a contract amendment to exchange the professional
engineering endorsement to new city staff.
Budget Impact:
5400.720.5700-5815.00
Account Number
Water and Sewer
Fund
02017.2019
Sanitary Sewer Rehabilitation
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
6,697,849.00
Funds Obligated
$
1,577,553.11
Current Balance
Does item have a cost? Yes
Item Cost
$
528,693.55
Budget Adjustment Attached? No
Budget Adjustment
$
-
Remaining Budget
r
�F,J7I,OVL.J F
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 84-18, 144-18
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 2, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: March 11, 2019
CITY COUNCIL MEMO
SUBJECT: Insituform Technologies - Contract Renewal and Contract Amendment
RECOMMENDATION:
Staff recommends approval of a one-year extension of the contract with Insituform
Technologies, Inc., as amended by Res. 144-18, in an amount not to exceed $528,693.55 for
City of Fayetteville sewer rehabilitation in 2019 using cured -in-place sanitary sewer linings, and
approval of a contract amendment to exchange the professional engineering endorsement to
new city staff.
BACKGROUND:
On March 7, 2018, the City of Fayetteville accepted sealed competitive bids for sanitary sewer
main line and service lateral lining services. Insituform Technologies, Inc. submitted the lowest
successful bid proposal (see attached Resolution 84-18, Bid #18-22). The bid schedule includes
specific unit pricing for various items of work, with the sanitary sewer rehabilitation program then
using the same pricing to complete the annual rehabilitation program.
DISCUSSION:
The direct contracting with Insituform Technologies, Inc. allows the City of Fayetteville to
execute its sanitary sewer rehabilitation program effectively and efficiently. Pipes being repaired
with liners under this contract are either identified by the City through normal maintenance
operations or by consultants executing Sanitary Sewer Evaluation Studies (such as the Smoke
Testing Program). Engineering and administrative costs are held to a bare minimum as these
services are handled by city staff. This work is an integral part of the City's ongoing program to
maintain its sewer system in the most long-term yet cost effective fashion, with cured -in-place
linings being by far the lowest cost strategy for applications where it is appropriate. This will be
the 2nd year of a 5 -year renewable contract with Insituform.
The approval of the one-year contract extension is recommended, as amended by Resolution
144-18, in the amount not to exceed $528,693.55 for City of Fayetteville sewer rehabilitation in
2019 using cured -in-place sanitary sewer linings. Due to the retirement of previous city
personnel, Staff also recommends the approval of a contract amendment to replace the
contract's current professional engineering endorsement with that of the new utilities engineer
for the City of Fayetteville.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the Sanitary Sewer Rehabilitation project.
Attachments:
Amendment No. 1
Resolution 84-18, Bid #18-22
Resolution 144-18
CITY OF
FAYETTEVILLE
ARKANSAS
PROJECT DATA
Project Name:
Project No.:
Contract Modification
2018 Sanitary Sewer Cured in Place
Pipe
Bid 18-22 Construction
Ordinance/Resolution Resolution no. 144-18
Date of Request: 03/07/2019
Modification Date: Date Signed
by the Mayor, City of Fayetteville
Resolution Date 07/03/2018
_CONTRACT MODIFICATION DATA
❑ Change Order ® Written Amendment Modification Amendment
No.: No.1
To: Insituform Technologies; Inc..
Project: 2018 Sanitary Sewer Cured In Place Pipe
Owner: City of Fayetteville
Engineer: I City of Fayetteville
The Contract is Changed/Modified as follows:
A. Revise the professional endorsement in section 00001 Certification to remove Jim `
Beavers' professional engineering seal and replace with current Utilities Engineer Corey
Granderson's seal.
Reason for Change/Modification:
A. This change is needed due to staff changes at the City of Fayetteville.
Attachments {List Supporting Documents):
A. Updated section 00001 Certification
Page 1 of 2
CITY OF
FAYETTEVILLE
ARKANSAS
Contract Modification
SIGNATURE RECORD
Mayor, City of
Date:
Fayetteville, (owner)
11
Insituform Technologies
+�,; ��.�I�
Date:
(Contractor):L
LHJnl , M end AC! OIAnr
March 13, 2019
Recommendation,
Date:
Utilities Director
a
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Page 2 of 2
00001 - CERTIFICATION
I certify that the 2019 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 2019 Sanitary Sewer Cured In Place Pipe contract extension is multi-year (Term Maintenance
Contract) the following qualifications and requirements are added to the use of my Engineering Sea] and
Certification:
My endorsement, Engineering Seal and Certification of the 2019 Sanitary Sewer Cured In Place
Pipe contract extension 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 2019 Sanitary
Sewer Cured In Place Pipe contract extension, 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.
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11� No. 16668����
END OF SECTION 00001 - CERT:IFICATION
00001 -CERTIFICATION 00001 - 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 8448
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 418-22 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 CIerf; 'l;�yit,crf ll:.i���!'.�
7:`'
•l
Page 1 Printed on 414118
City of Fayetteville, Arkansas
Text File
File Number: 2018-0186
Agenda Date: 4/3/2018 Version: 1
In Control: City Council Meeting
Agenda Number: A. 5
BID #18-22 INSITUFORM TECHNOLOGIES, LLC:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Resolution
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 1T 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
City of Fayetteville Staff Review Form
2018-0186
Legistar File ID
I 4/3/2018
City Council Meeting Date - Agenda Item Only
I N/A for Non -Agenda Item
Tim Nyander
Submitted By
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 #i
Budget Impact:
Water and Sewer
V20140710
Original Contract Number: Approval Date:
Comments: The amount is based on estimated quantities, which are subject to change based on the department's
annual need.
Fund
Sanitary Sewer Rehabilitation
Project Title
Current Budget
$ 6,267,912.00
Funds Obligated
$ 215,705.43
Current Balance
$ 6,05 2 206.57
Item Cost
$ 248,501.00
Budget Adjustment
$ -
Remaining Budget
$ 5,803,705.57
V20140710
Original Contract Number: Approval Date:
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
$248,501.00
Suncoast
f - -
$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 lace
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 inlack e
LF
$36.00
12" x 6.Omm trenchless rehabilitation by CIPP of existing sewer
pipe mainline, complete in place J
LF
$42.00
Internal Reinstatement of Service Laterals
EA
$0.01
_
Standard Mobilization (within 15 working days)
EA
Emergency Mobilization (within 3 working days)
_$1.000.00
EA
$1,000.00
Trench Safety Comply with OSHA Standards 29 CFR 1926 Safety
and Health Regulations for Construction Subpart P
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 Cl PP
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
CITY OF
FAYETTEVILLE
ARKANSAS
Construction - 2018 Sanitary Sewer Cast in Place Pipe
Did Na 19.22
0, te : 03. 0 Z.2018
Time: 2:00 FM
tiancld da n, 10 , y,.,) r Certification of Funds: $350,000.00
Max Bid Award Limit: $437,500,00
CERTIFIEV,
Andrva 8 ivICOM, CPPB, Purchasing Manager Date
Insitutorm Technclogivl, LLC
Sun coas t in firm tructU rcm, Inr-
TEM
1UNIT
ESTIMATED
UMh11
UNIT
NO
DE-SCRIPTJQN
LIU
PRICE.
PRICE AMOUNT
t
o X4.."iffil"wer)(JAri5
�cwE(
5
4500
5 iit' (,00
ow(e
x f Orrii)
I vimbl! [;)tjv;) by CIPP of esatinK
1.5"
pipe fri.�;Mme, cutriple I --�;n
$ 1 0
S.
S300
71 '�CC) on
3
10" x 6 OrTorl trCocilless
1 Fehzlhiktion by C. -Wil of existing.
,ewer P.ipt, mainline, cumplctc jr.
Li-
16. 0
10
tq 00
29,500.00
.4
6 or Im irLnchless
f0i ',Ib: by CIPP of existing
sew,':' X11,78 mainlime, cowplptu it)
U,
fInt) U.")
63, W
S 3 0111) 0 0
ritetrial Reinsta(ernew of Service.
Jr
-j
S m
t I>,00•`100
G
Standard Mobilization (-mizhin 15
�g da y -j
EAi
u,
LOO,GO
S 5,DS0.00
0,1W.00
7
Emergency Mobilization (within 3
working day,,j
EA
1,:i,331 00
1 16,?114,(I()
9
't cnch Safely Comply voilh 0S11A
Snujoetls 79 CFR 192F> Safe(y
And Health Reg,ilaoons for 1
W) 00
S 2:,;-.:-)4)0
S 2.590.(x,;
_�nsiriit flan 'rjubpwi F
TOTAL BASE BID;' 4fi.5r 1 0")
3G4:5"4,()0
CERTIFIEV,
Andrva 8 ivICOM, CPPB, Purchasing Manager Date
DOCUMENT 00400 -BID FORM
Do ' lM£Nl' 00 400- FORM
Contract Name: 2018 Sanitary Sewer Cured In Place Pipe
Bid Number: 18 - 22, Construction
BID "r0:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville; Arkansas 72701
BID FROM:
Bidder: Insitufarm Technologies, LLC
17988 Edison Averiuc
Chesterrielit Llicv]L1�153 `' �._... �...
ARTT_C:Lr_t INTENT
1.01 "rhe 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 Docurnents for the Bid
price and within the Bid time indicated in this Bid and in accordance with the other
ten -ns and conditions of the Contract Documents.
ARTJC'I,L 2-'f -3018 ANT) ('0N 1110N
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 alter 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 fur 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.
ARTICLF 3- HIDDEWS RKlARI- Sl;NTA'I'I0NS
3.01 In submitting [his 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
I 02/21/201 a
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.
J. Bidder has given Engineer written notice of al I 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, titin, or a corporation to refrain from bidding; and
i
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 I lealth Administration
(USI -IA) Part 1926 • • Subpart P — Excavations.
ART—Ica, 4- in r.) PRI.C'E
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 (lie 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
pp
8" x 6.0mm trenchless rehabilitation by
CIPP of existing sewer pipe mainline,
19
�y
OP 000 Od)
2
complete in place
LF
1500
.W, DO
,
10" x 6.Omm trenchless rehabilitation by
CIPP of existing sewer pipe mainline,
3b Ott
I g,
3
complete in place
LF
500
,
000.00
12" x 6.0mm trenchless rehabilitation by
-CIPP of existing sewer pipe mainline,
�f
'+' W
4
complete in place
LF
500
•00
Z 1 r 000 ' D�
5
Internal Reinstatement of Service Laterals
EA
100
Standard Mobilization (within 15 working
�� D �
6
days)
EA
2
2' OCO. o O
Emergency Mobilization (within 3
#1106.0
;d
7
working days)
EA
1
1,0000-06
Trench Safety Comply with OSHA
Standards 29 CFR 1926 Safety and Health
11
�y
8
Regulations for Construction Subpart P
LS
1
.SGb.00
TOTAL AMOUNT BID JU 2q 8, Sol. 00
001100-s
DOCUMENT 0040D -BID FORM
1
The City intends to award to the lowest responsive responsible bidder based on the evaluation of the
UNIT PRICE BID SCHEDULF.
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 nonqualifted bidder and will not be awarded the contract.
ARTICLl; 5• C0 TiNIES:
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.
ATuricj I & 1111) CON JE NT
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
Flve Percent of the Total Bid Dollars (S 5% of mai b)d__ )
B. A tabulation of Subcontractors and other persons and organizations required
to be identified in this Bid.
:lli'ncL.E 7- COMM UNICAT IONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
hishuform Technologies, LLC
Attn: Laura M. Andreski
17988 Edison Avenue; Chesterfield, Missiwd 63005
Email landresklAaegion com
Phone No. (636)530-8000
Fax No. 19,n, Aq..1.1
00400-6
DOCUMENT 00400 -[IID FORM
AVr Ii'I.E 8- TIAZA1IN01,.06V
8.01 The terms used in this [aid which are defined in the GF,NERAL CONDITIONS or
instructions to Bidders will have the meanings assigned to them.
ARTICLE 9- C:ON'Tlt,% .T01VS ;%c; L2! A'4 -RS AIN T) 1+ XEC ]JON
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 CPR Chapter 60 and
Executive Orders 11246 and 11375, including inclusion of all required equal oppommity clauses in
each sub -contract awarded in excess of $10,000 and 1 will fumish a similar statement from each
proposed subcontractor, when appropriate. I will also comply with all Equal Employment
Opportunity requirements as defined by Section 504 ofthe 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 arty
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 lurnish 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 PROIII131TIONS As required by Executive Order 11738, Section 306 of the
Clean Air Act and Section 508 of the Clean Water Act, I certify that 1 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 1 certify that to the best of my knowledge an(] 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 tine. 1 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 Execution/Signatures for Contractor Assurances above, Bid and Bid Form:
SUBMITTED on March 7 20te,
Arkansas State Contractor License No.__QQ72Wo4te
If Bidder is:
A In ivJAud
Name (type or printed): NA
Ly -{SEAL)
(Individual's Signature)
Doing business as.
Business address:
Phone No: _ ._Fax No. ^
Email Address:
bl ncytk?
Partnership Name:_ ran
(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 ('lyrrxwaiign hAiilitr.f'om%+}r+
Corporation Name: InsitutvrmTo.-MOMylos,LLC
State of Incorporation:.
Type (General Business, Professional, Service, Limited Liability): L.imlladt.inLlily Cart+pany
rev
(Signature -attach evidence of authority to sign)
Name (type or printed): Laura M Andreskl
Title: bontrecu2V.snd Attys" oAieer
rr(COR.PORATE SEAL)
Attest; f Lt'�iGGG. �GG1�
lnlnlS u R: [:eln :fi:l7'A1tlsS�r• riF�..
1. ' -nawrc of Corporate Secretary)
Business address:_17988E5llsanAvenue _
Chaslerfle!d, Wnrawk 63005
Phone No:1(836_ ( l s3a1 i saa-8o0o Fax No._^lea5y53g:ezA]
Email Address: randreskipAegjg! cnr
END OF DOCUMENT 00400
00400-10
INSITUFORM TECHNOLOGIES, LLC
PRFSIIik:�i'1' iPI'(?IN711tF:NTOFt"TFF[CERS
Pursuant to the authority set forth in the Limited Liability Company Agreement of Insituform
Technologies, LLC (tate "Company"), I hereby determine that:
Christlanda Adkins, Laura M. Andreski, Janet Hass, Jana Lause, Diane Partridge,
Whittney Schulte, and I7rsuia 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 Civ)
to take such other action as is or may be necessary and appropriate to carry out the
project, activities and worst of the Company; and
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
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 oftheBoard ofManagers (the"'trd")ofInsihiformTechnologies,LLC,aDelawarelimitedliability
company (the "Company"), effective as of the 8' day of April, 2015.
Appointment of Of:[igers
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 V ice President 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 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
xtification 011aria s
FURTIIPat RESOLVED, that the hoard hereby confirms, approves and ratifies
all actions taken by the Company priorto the date hereor.
Omnihus ROSO u,;jons.
Y RTHBR 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, agreaments and other
documents, iucIading, bul not IiinIled to, the execution and filing or any notices or €'hint;s
with any governmental or regulatory body, as may be necessary or appropriate to erfectuato
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.
1 � � "!
Charles R. Gordon
(ia - I
David
/�F'y. Morris --
David A. Martin
Constituting the entire Board of
Managers of the Company
-3-
DOCUMENT 00500 — AGREEMENT
BET�VEFN 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 I - 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
DOCUWNT 051500 - AGRL:1?MFNT (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 FO COMPI.,ETION AND FINAL, PAYMENT:
A. The Work shall be completed within the annual term and Purchase Order.
] . 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 L#OIADATI-D 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.
I . 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 SURMI'I`fAL 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 P[tOGRL�SS PAY�M- E.N-I-`i, ILFTAINACiI :
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
DOCUMEW (10500 -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 6 - COIVTI2AC1 REN CWAL
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 wilHbe 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 --AGREE MENT continued)
ARTIMP 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 hag 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 CONTE NTS:
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.
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 -MLILANEQTJS
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 SI 'CESSORS 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 fN FORMATIQN 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
I)OC:IIAIEN,rtli)5110—A(;ItEF,MEN't 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 , 2018, which is the
Effective Date of the Agreement.
CONTRACTOR: CITY OF FAYETTEVILLE
By: Laura M. Andres i By: _ Liolle d dqr - .-
(Type or legibly print) (Type or legibly print)
•_� 'fir'_ __. r.i?� i � " + � w"ice L
(Signature)
(Signature)
Title: CpmCLo[in,lnd lite •ti r+ QlTicer 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) (SEAL)
r
Attest ce.lt;'],l �' Attest
Wsula J. YonnablOdd
Conlracling & AlieOna Alter
00500 Agreement 00500- 10
DOCUMENT 00500 - AGREEMENT (continued)
Address for giving notices Address for giving notices
17988 Edison Avenue 113 W, Mountain St. ._. ..
C iestcrficJ_d, M M[ri 63005 Favett H Al, t 72701
License No. 0072030418
Agent for Service of process
ow+rviee f=Qtiil xY
Suite 9Qi�
Little Rock. Arkansas 72201
(Type or legibly print)
(Signature) Laura M. Andresld, Cortracting 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:
Attpmey For: __ ...
END OF DOCUMENT 00500
00500 Agreement 00500-11
LIMITED LIABILITY COMPANY AGREEMENT
OF
YNS1TUFORIVM TECIINOLOGIIES, 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 ("1TI"), 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, TBEREFORE, 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.
"flsreeml nt" 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 Manage,Lr" 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 Stale 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.
"!~f%i_vc 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 WM BER AND THE BUSINESS
(a) f Orrliadon. 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) t'r�IJwny_Id_amc. The name of the Company shall be "lnsituform 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 CamNny. 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) PuUmsis of the Company. The purpose of the Company shall be to carry on any lawful
business, purpose or activity permitted under the Act.
(e) Aillhordy ofthc Compea. 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 Offices: &ggisi(:rvil,,—rig. 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) lrorcigYr (�ualitic.Iliurti. 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 Yrar. The fiscal year of the Company shall begin on the fust day of January in
each year.
-2-
ITLLC Limited LiabilityAgr"ment
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)1� loc ii n" -f Proltis 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) Nlanagcment by the Board of tdanagqrs. 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) Aetinns I,x F3pnrd nLMasnugpp. 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) Nwnber and Tto of O 'ligg. 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: Rc tat_ qpi 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-
1 rLLC Limited Liability Agreement
(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) 6 Mroval or Rt}tif icatiarr n Acts a Contracts b Membci.s, The Board of Managers in
their discretinn may suhmit any actor contract for approval or ratification at any annual or special
meeting of the Members.
(g) Actino b�+_Manngers by Wril_ren Consent_nrTcic honc t on.iL-rc_fx,c. 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 or 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 meow, of which all Perwris participating in the mectingcan 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) f, lection and Removal yl' O ff iccrs. 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 Agrmncnl
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) Vacancim A vacancy in any office because of death, incapacity, resignation,
removal, disqualification or otherwise, may be filled by the Board of Managers.
(iii) Fresiden . 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) Vic }sresident. 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 oFthis Agnmilteant or as required by law, (C) be
custodian of the Company records; (D) keep a registur of thespost affiee 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) Anoointments bthe 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) [.imitation o Lnbjlity of fine 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 littered. 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-
11 LLC 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.
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.
DISSOLUTION AND TERMINATION OF THE COMPANY
(a) EVeui of Dinblutioil. 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 m 17 S',01LI0 xi. 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 S(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 .end 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) l7epnsit uFCompurry I'und1, 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
77he 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 foes, and other costs and expenses related to the defense of any actual or
-6-
JTLLC 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) Cap-liv.ns. All section or paragraph captions contained in this Agreement are for
convenience only and shall not be deemed part of this Agreement.
(b) Pro ljans 'ice ]ter and 3'lural 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) Agreernezlt 13i�?+linThis Agreement shall be binding upon the successors and assigns of
the Member.
(d) Qoycmirlg my. 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) 4o l l,ird-Prt i3eneficiarics. 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.
AEGIL'RPORATION
By. --
David A. Martin, Senior Vice President & Chief
Financial Officer
-7-
11 LLC 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
consent of the Board of Managers (the" F3NLkl"} oflnsittiform Technologies, LLC, a Delaware limited liability
company (the "Coi_ npanv"), effective as of the 811 day of April, 2016.
APP-PintmellLPtA-1-c1i
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 1T 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 lie 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 lie shall
resign or shall have been removed from ofiir`; and be it
FUW-VRER RESOLVED, that tlhe Board hereby appoints Kent W.
Bartholomew as Vice President and Assistant Secretary for the Company, to serve until
his successor shall have been dulyelect.ed and qualified, or until his death, or until he
shall resign or shall have been removed from office; and be it
FURTHER RE50LVEA that the Board hereby appoints Diane Partridge,
Debra Jasper, Laurie Andreski, Jana Lause, Whittney Schulte, and Ursula Youngblood as
Cantracting 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 RE50LVED, 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 acicnowledged that the omission of his name from
the listing of officers dated January 4, 2016 was an administrative error.
Rg;Lajeat of t'}f =c '
BE IT RESOLVED, that following the implementation of the foregoing
resolutions, the following are officer.s of 111e 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. Schocnekase — 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
I+URTIIER 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 ofCcr
2-
9-11i Iii c.,a.1LQ1 P_dnr. Aetio»4
FURTHER RESOLVED, that the Board hereby confirms, approves and ratifies
all actions taken by the Company prior to the date hereof.
0 rnnibns Resolutions
FURTHER R, SOLVED, that the officers of the Company be, and each of them
acting i11diti•idualiy hereby is, authorized and empowered to perform such other acts and to
execute such other filings, notifications, instruments, deeds, agreements and other
documents, ineludiag, but not limited to, the execution and filing of any notices or filings
.villi any governmental or t-cguIatory body, as may be necessary or appropriate to cffectnate
the intent of the Foregoing rasolutians.
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
David F. Morris.
David A. Martin
Constituting the entire Board of
Managers of the Company
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
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 144-18
File Number: 2018-0314
INSITUFORM TECHNOLOGIES, LLC CHANGE ORDER NO. 1:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH INSITUFORM
TECHNOLOGIES, INC. IN THE AMOUNT OF $280,192.55 TO ADD ADDITIONAL PIPE SEGMENTS
TO THE 2018 PROPOSED SEWER REHABILITATION WORK PLAN USING THE CURED -IN-PLACE
PIPE METHOD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order
No. 1 to the contract with Insituform Technologies, Inc. in the amount of $280,192.55 to add additional pipe
segments to the 2018 proposed sewer rehabilitation work plan using the cured -in-place pipe method.
PASSED and APPROVED on 7/3/2018
Attest:
- /
zxe��
ILr. /._......
Sondra E. Smith, City Clerk Treasurer
OF •. rye
'rte, ., CLQ' • � �
Page 1 Printed on 715118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
r
(479) 575-8323
i
•r
Text File
File Number: 2018-0314
Agenda Date: 7/3/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 7
INSITUFORM TECHNOLOGIES, LLC CHANGE ORDER NO. 1:
A RESOLUTION TO APPROVE CHANGE ORDER NO. ITO THE CONTRACT WITH
INSITUFORM TECHNOLOGIES, INC. IN THE AMOUNT OF $280,192.55 TO ADD ADDITIONAL
PIPE SEGMENTS TO THE 2018 PROPOSED SEWER REHABILITATION WORK PLAN 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 approves Change Order No. I to
the contract with Insituform Technologies, Inc. in the amount of $280,192.55 to add additional pipe segments
to the 2018 proposed sewer rehabilitation work plan using the cured -in-place pipe method.
City of Fayetteville, Arkansas Page 1 Printed on 7/5/2018
City of Fayetteville Staff Review Form
2018-031.4
Legistar File ID
7/3/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 6/6/2018
Submitted By Submitted Date
Action Recommendation:
WATER SEWER (720)
Division / Department
Staff recommends approval of Change Order No.1 for the Cured In Place Pipe term (renewable) contract with
Insituform Technologies, LLC to add additional pipe segments to the 2018 proposed sewer rehabilitation work
plan, increasing the contract cost from $248,501.00 to $528,693.55.
Comments:
Budget Impact:
5400.720.5700-5815.00
Water and Sewer
Account Number
Fund
02017.2018
Sanitary
Sewer Rehabilitation
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
6;2.67,91MO
Funds Obligated
$
470,732.40
Current Balance
$
5,7':7J1!i.ClII
Does item have a cost? Yes
Item Cost
$
7.80,192.55
Budget Adjustment Attached? No
Budget Adjustment
$
-
Remaining Budget
V2019032'1
Purchase Order Number: 2018-0000034.
Previous Ordinance
or Resolution #
Change Order Number:
Approval Date:
Original Contract Number: 2.018-00000017
Comments:
CITY OF
FAYETTEVILLE
rARKANSAS
MEETING OF JULY 3, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee June 12, 2018
FROM: Tim Nyander, Utilities Director
DATE: June 5. 2018
CITY COUNCIL MEMO
SUBJECT: Insituform Technologies, LLC — Change Order No. 1
RECOMMENDATION:
Staff recommends approval of Change Order No.1 for the Cured In Place Pipe term (renewable)
contract with Insituform Technologies, LLC to add additional pipe segments to the 2018
proposed sewer rehabilitation work plan, increasing the contract cost from $248,501.00 to
$528,693.55.
BACKGROUND:
The contract with Insituform Technologies; LLC was approved by the City Council on April 3,
2018 by Resolution 84-18. The contract allows 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, with the option to renew for up �to four additional one-year terms and price
increases upon renewal not to exceed 5%.
DISCUSSION:
Staff requests adding additional lengths and diameters of pipe into the 2018 sewer
rehabilitation work plan. The proposed pipe rehabilitation is based upon Sanitary Sewer
Evaluation Survey (SSES inspections) and City field work.
The proposed Change Order No. 1 includes:
Additional quantities to the as -needed 2018 Bid Unit Prices for 6", 8", 10" and 12"
diameter sewer pipe:
Adding diameters and quantities for 15". 18" and 24" diameter sewer rehabilitation,
Based upon the additional diameters and quantities, the proposed 2018 contract cost will be
increased from $248.501.00 to $528.693.55.
BUDGET/STAFF IMPACT:
Funds are available in the Sewer System Rehabilitation project.
Attachments:
Proposed Change Order 1 with attachments
Copy of Resolution 84-18 (Page 1)
Copy of previous Bid Tat;
Redlined copy changed agreement pages (00500-3, 00500-5, and 01110-4)
Moiling Address:
113 W. MOLIM in Street www.fayetteville-ar.clov
Fayetteville, AR 72701
0
h i l l<. 1 X41; ii 7,
Contract Modification
PROJECT DATA
Project Name: 2018 Sanitary Sewer Cured in Place Date of Request: 06/04/2018
' Pipe
Project No.: Bid 18-22 Construction Modification Date: Date Signed
_ by the Mayor, City. of Fayetteville
Ordinance/Resolution Resolution no, 84-18 Resolution Date 04/03/201;8 f
CONTRACT MODIFICATION DATA
l� Change Order Written Amendment Modification CO 1
_ No.. 1
s To: Insituform Technologies, Inc,
Project; 2018 Sanitary Sewer Cured In Place Pipe
Owner, City of Fayetteville
Engineer: 1ty of Fayetteville
The Contract is Changed/Modified as follows_ T
A. Add quantities and sizes/diarn eters of sanitary sewer main for cured in place pipe
rehabilitation as documented in (Ile attached schedule labeled Chante Order no.1 for
the 2018 Work Plan.
13, Revise the language in Section 00500 AGREEMENT as indicated on attached pages
00500-3, and 00500-S.
C. Revise Lhe Language in Section 01110 SUMMARY OF WORK AGRELMENT as inclic:ated on
attached paf;e 01110-4.
i
Reason for Change/Modification:
A The recluested additional sanitary sewer pipe iehi.ibilitaLion will br-. utilized for increa-ed
{
pipe quantifies and pipe size/diarneter.
Attachments (List Supporting Documents):
Faye 1 of 2
carr or
FAYETTEVILLE
ARKANSAS
Contract Modification
A. Attached pages as noted above.
Contract Amount or Price
Contract Times (Calculate Days)
Original
$248,501.00
Original Duration
Annual
Previous Contract
1 $0
Previous Contract
0 Days
Modification(s)
Modification(s)
(ndd/Deduct)
_
(Add/Deducti
This Contract Modification C01
$280,192.55
This Contract Modification
0 Days—
(Add/Deduct) _ _
(Add/Deduct)
'
Revised Contract
$528,693.55 f
Revised Contract Time_
i Annual
2018
SIGNATURE RECORD
` Mayor, City of
I Fayetteville, (Owner)
Ins ituform Tech noIogies uraM.Pr n .. Contractiq ndAttesting
Officer
(Contractor):
Recommendation; r �'
Utilities Director
Page 2 of 2
Dater Jul), 3, 20] 8
Date: June 5, 2018
Date: -� 0" (!•`t{
DOVI-IrMEN'T' 0055(1 [ i-xiSm 04/2312018
TO: lnsiluRlrm
17988 b;dison Avenue
Chcsterf ield, MO 63005
i
Via clmlil to
'.I int Peteric, hlsitufornl
Contmel: Nante(Title: 2018 sanitury Sewer Cured In Place Pipe, .Bid 18-22, Construction:
Owner: City of Fayetteville, Arkansas
You are notified that the ContractTime(s) under the shove Cuntract will commence to run on a date
r•nrtlnally acceptable to Jnsitufonu and tile, City of Ftivetteville;
By that date, you are to stnrl. pertonning your obhgati0115 under the Contract Documents, In accordance
with the Ap)-cement between 0%,mer and Contractor, the date of completion ready for final payment is
calendar year 201 R.
The proposed/draft work plan is attached to This notice to proceed fur your review,
A preconstruction nreetiuk, or telephone confurence is requested to review the proposed work plat) prior
to any work perforrlled by htsiW li.a m.
Bca'o]'c you may start any work at the. Site, the Owleral Coliditiolls provide IlLtt you and Owner 111118( each
deliver to thc. other, (with copies to Engineer and other identified additional insureds) certificates nt'
insurance. which each is required t0 Pu UMS,0 illld maintain in accordance with the Contract Documents
(this has hien received ow -1 is aeknnlrle.rls;edj.
Also, before you may start any work at the Sitc, yrnt roust submit the f6b)",ing:
1. Acknowlccignrcnt of the Work Plan.
2. Construcliom progress schedule
3. Schedule ofany renlitininf; SuhmiUab.
4 Salisfactory ovidcncc of insurance ill accord-:ntce with (lie requirements of t.hc General
Couditiolls.
5. Mainter vu:e of Traffic as spccifie:J,
You are rexlllired lu reitun sur ac.luwtvlecigettmit co1y of lllis Notice to Procet...d to the Owner.
i;ll$.O N'
-)i to P)ocecd
DOCUMENT00530 - NOTICE 1.0 PROCEEID: (continued)
Dated April 23, 2018
City of Fayetteville
Ry (Signature,)
Jim.13cavers, Utilities engineer
(Type or print)
ACCF'111 [N.N.0" OF NC)'['IC'L--,'I'(:) PROCEF"D
inriluform Technoloj)WG, I.LC
Contractor
By (signature)
(Type Or print)
Da(c _,jufie s I 20 Iii
Clopy to higiflocr
(Use Certified Mail Rctiln) Receipt Rcqmstcdor Nwd deliver)
END 0FDOCUML.NT 00550 (RENISED 04/23/2018)
00550 Noticc to Pmci.,(-.d 01)"0-2
f
1)0('U)JE.N'l- 110.+00 -- A(NZEE)IENI' .continued)
amount based on the unit prices bid in the Proposal (BfD .FORUM) which is hereto
attached. for the actual nnlount Haomplishcd under each pity hent, said payments to
be made in law-ful money of the United States at the time and in the planner set forth
in the Specifications.
102 The Contractor and the City orFayetteville shall negotiate the annual www plan
based 111)011 the City'S needs and the Contract !blit Prices as specified widlirl the
Ccunmu Docunlcnts. The work plan and the proposed annual Contract all-IOU111. Shall
be: approved by the City of Fayetteville City Council. The City ofPayettevillc is
under no obligabon to purchase a u11nI1 unu arnouni of any trent awwal•ded and Catty of
11yeileville: Illay choose to p vchase Inorn ILSs, or Molle of the rchab111tation,
deperldin,I upon its needs. This contract is generally for miscellaneous and
urlldelltilied rehabilitation of salutary server manta' and service c01111cCt1011s using the
culWiliT lce pipe method, The City of Fayetteville will pay the Contractor in the
manner and al such tires as set forth in the General C011dit10nS SUCI1 a11101t1'ItS. as
I•equircd by the C.,owract Documents.
4.03 As provided in We Comma estimated quantities My nw guaranwed, and
determinations ofactual quantities and classifications are to be made by l:\Cil\Fl::R
as provided in the General Conditions. l_ nit prices have been computed as provided
Al Ills C01111 -act DOCU111CIV.S.
4.01 ChallLes, I11Cdirications, or a1nmWn1wWs in Scope, price or In to this contract shall
not he allowed w Aholll a prior 1 nwd contract anlendinent approved by the Mayor and
1110 City Council in advvlee of the change in scope, cost or flees.
1 'Mot ..hall he no chmiges whho it prior writwn .Ijproval of the
Eiwineer of Rmord and/or the City's designated Prolessionitl
ElIg..inc0r.
ARTICLE 5 - PA)i MI N'1 I'kM 11)t 141 -IS
5.0 SI; l3VlI I"(';'11. r\\D f'I.i;I:"I-';:SI iC.i OF' PAYINJFN'l'S:
\_ C01111-artorMull SllbMA ApWications for Payment in accord:uw with the
C. I:::\l: RAi. CONIATIONS. Applications for Payment will he processed by
l:?n irc�r as prm;ided in the Cil:'\LfZAL C'ONDITIO\'S.
it{�(jiJ ;i�,!rCillC',. QQ_lOO •i
ROCU IEN'I 00500—.A(.;REEVIF.NT continued)
ARTICLE 6 - CONTRACT RI N ENNIAL
6.01 Contract ReraCN al.
A, The contract may be reriewed For add.Iltimml pea'tods up to turn• (-1) additional
annual contract periods beyond the Original bid and mill be based solely upon
Me oNion and agreement ben{-een both we (:'ity or Fayew illi and the
CON RAC" i'OT 'elle prices and rates bid by the successrul bidder shall be
firm tlu_ouz'houl the initial one year period or we COMIet. Prices and rates
may only be increased or decreased for the next or subsequent COMM
extcn:;iou period. ,and only irthe parties agree to extend the contract. lythe
City of Fayetteville seeks to clecrease or C'outmoor necks to increase any
price or rate. each party shall g e the other party "Au" ntatice shoo r,u
least ninety (90) clays prior w the end of the continct year to,:ether"ith a
.justification for each proposed rate of price change. City orFav:oRC%ille aaacl
C'ontroctor Shall Ilei?Otlete hi good Faith the anwunt_ iraaay. in the increase or
decrease ill the price or rate, provided, however. in nu CN,ent play any, specilic
mail cost change name than Ave percent (5%) orthe precc•dingyew! %clue.
lrthe. parries are unable: to agree OII the MCIISi011 01'01C contract. then this
conn -act shall terulinaw at the end of the conmact yeaw subject to the City of
Fayew Me's right w uatilaterally extend the contract or the some wns and
conditions. for a period not to exceed row• 0) months to cnabe the City of
F Ivettc\ Me time 10 rebid) this cloCument.
1.3. Purchase orders nua� he iS.;uecl to the Successful bidder %%ith a cor,tnact period
not to oxceed one ( I ) year.
( Payment iiar V,ork sh;tll be made upon completion and acceptance onhe
��orh by the l in orFayelle\ille.
ARTICLF 7 - C_0 -N 'R,IC_"'1'0W i21:1'It1?til: 'l.l'['[C)N'
7 01 In Order w induce i he City or I ayeltdwHe to enter into Ihis Agreeulent. ( onnictor
makcs the lollowing I'cprescrl;itioils:
1.
Contractor has c\:InainCd and carcrully sulclied the C'ontraCl DoCunlcuts
in.ludiud.a. the Addenda and other related data identifi,xl in the liid
D( m'lents
ECTION 01110 — SUV1YIARY O 11'(WK (continued)
1. Purchase orders may he issued R) the successful bidder I\� illi a contract
period riot to exceed one (1) calendar (inclusiv(.-) year.
2. Payment For work shrill be made. upon Completion and acceptance ol'the
work by the City of F avetteville,
1.10 C'OPIF_r.S OF DOCUMENTS:
A. Flll'n1ShCd Copies: After execution oi`Agreenlew. Contractor \g ill be kirnished at no
cost, a maxinnun ol'three (3) sets of Contract Documents consisting, of full-size
Contract Drawin;s including revised Drawin;LIs and the Project N-lanual, in addition to
those used in cxCcution of the A-reement.
B. Aciclitional Copies: Additional copies of above duCurnems will be Supplied by
h,n,tincc.r upon request of C'ont•actor and approval of Owner.
1.11 SCHEDULE OF OWNER••SUPP1_.II_:D EQl_;IPME"NT AND MATERIALS:
None,
PART 2 - PRO 1)[1CTS -- N01' AP 111,1C;ABLE.
PART 3 - EXECUTION — NOT APPLICABLE.
END OF SECTION 01110
011 10-Smr?imry of Wo:k i .i l 01 11 O 4
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1.13 Nest Mountain Street
Fayetteville, AR 72701
(479) 575-13323
Resolution: 84-18
File Number: 2018-0186
Bill 918-22 INSfI1FORM TECHNOLOGIES, LLC:
A R1 SOLU PION TO AWARD BID #18-22 AND APPROVE A ONE YEAR CONTRACT WITH
1NSITUFORiv1 TFCHN'OLOGIES, INC. WITH THE OPTION TO RENT -.,W FOR UP TO FOL;R
ADDITION'A1, ()NE' )'I: AR 'TERAS FOR AS -NEEDED REHABILITATION OF SANITARY SEWER
MAINS AUT) Slat\11('I.- ('(:)NN1:;C:"I'IONS USING THE CUREI).-IN-PLACE PIPE METI IOD
BE IT RLSOLVED BY THE, CITY COUNCIL OF'T'HE CITY OF FAYETTLVILLE, ARKANSAS:
cti ): That the City Council of the City of Fayetteville, Arkansas hereby Itwards Bid 418••22 and
approves a one year conlracr with lnsituibrm 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 docuracnrs attached' to this Resolution. with the option to renew for up to four additional one
ycau• teens and price increases upon renewal not to exceed 5%,
PASSED and APPR(:)VI::f.) on 413.1'20!8
Approved'
I
Attest:
Sondra E. Smith, City Clerk zrr
Paye 1 Pilnred on 414118
A01 MM' CI I Y 0 F
FAYETTEVILLE
ARKANSAS
Cr)nstructicm - 2018 Sanitary Sewer Cast in Place Pipe
t3('JL'L:i1+I.ENT 00500 —A G11 -' -A] I ti'l_{cotttinwd)
;lnitxrnl based on the unit priers bid in the PriljnM (WD FORM) mllich is hero
attached, for the actual anlotlnl achnnrplished under each pay item, said payments to
be "rade in I; wRd "mmy of the United Swws m dw lisle ilrld in the "gamier set forth
in the Specifications.
-1.02 1
. ., l�.. `.ii . lL. V`. i1 t :i i .. .. li!1, •il��I'l
- . ,'(?I •1 l !:\ .:I'. f I1 i : ' .. f., _ „ i • i:�l:. I I . I;It _J. ..I:.11- I+C' _ili1:�..1
i, i .i'. i' •iI. ,:i - :•'LIt tlit• City ol..
Fay cuevtlle Is Milder no obllathrl to purchase tr niin1rnion amount of tiny Itelll
awarded and City of 11jewille Iliay Choosc to pur'cllaSe I iore, less; or Molle of the
rehabilitation, depending upon its needs. This cownict is generally for inisceliencous
and unidentified rehahilimi.ion ofsanusry se`:',ur mains and service connections using
Te cured wplaee pile method. Tic City of Faycltc� i lle will pa} (lie Cowractor ill
the manner and at such tinges as stet forth in the General Conditions sr,ch arnoullts. as
reCluircd by the Contract Docullients.
1.11 3 As provided in the C'ornract estimated quantities are not guaranteed, and
dowmirrlbm" of acetal quantities and classlllca,tions are to be made by ENGMEER
as provided ill the Ocucial Conditions, Unit prices have been computed as provided
ill (tic Coluract Docllnlenls.
4.04 C Changes, lllodific;uion;, or ;nnentlments in s,t:ope. price or fees to this contract shall
nt,t be all "vd laithout n prior formal cowrtwi amenklincut approved by the Mayor
and d1C C..11\' C.ocln::ll Ili adVol-Ice of the Ch;inge ill sc(Ipt::. cos( or f'ee's.
I There:;hull be. nil clltui.rc; v ithout prior written, approval of the
1 ligilleel• of Record .111(1.'or tile' Citv`s designated Professional
I
F4:1(flin,c,c� (.*,,c)tv
DOCU M ENT 005 0 0 — A.1; H F, L,% I E N *I continued)
5.01 F I N A 1, PA Y %M FN'F:
A. Upon filial completion and acceptance tork it auccorciance -,% ith the
( I EN ERAJ., CON D ITIONS, T lie Cl t) of 1: i.,.\ c I I le '.11,111 1),I\ the renm I lider
of the contract, Price as recormlieuded b). ImAigineer and as prm 1ded in the
GEN -1.101. CONDI' IONINS
ARTICLE 6 - CONTRAcT R-UNEWAL
6.01 Contract Renemil
A. The contract may he renemacd fill racldition,il p,.!rinds,tp to 110kir (-t) midlLiomil
annual contrmct periods beyond ilie origi!m) hid WIdill N:. based sollek tipon
the option 'Ind apreerrient I)etwcon boll -I the Uw, or, 1-n-'enmilic and the
CONJ'R.M., MR. The prices null I'aLe..S hitl h\ (lic htddev \lmll be
fi1-111 fllY011 stili 011l the illiti8l Olic year pviod of the comcnK I Priccs and rates
may only be increased or clecrelsed for die' ilea or conlract
extension Period: and 0111} ifille. partici ngrcc• 10 exic,lid Aw 11,11le.
City ic, docrciisc or Conrractoi-S:iku% incrcaswaqN
price or rate, tach pony shall givc, the oilier part% \\ ritten noti,tc. thereof at
[,:ast ninety (90) day, prior to the end ol'Ilic: 4--onmic.: \vni. tooeilm, %%iih a
JUMil-lCi)(1011 fen' Q,)elI pr0l)OSUl f1II<: DI pl.;u.\ lino, L: Cit, 01 1 1% CUC% iliC ',Illd
('0111ractor Shall r1coolialc in good faith the ut-noun,,. it am. It-, tile iticrease or
decrease lit The price or rate; prov Idect. 1101,•1'\411•. in no uv rony im. specific
III -lit. cost chance I'llore than five pe.rcem Oflht.- p!e.cding �cur'_s \,IlUe.
ll fill: particS are tmablu toa,i!.rcc oil (lic. A the cOminct. then the
.;olluact sh"111 tcrill111.11c at thQ ciid of (he , (wract , c;,.i Its the C ity of
Fnyc.trcvIlle',,; ri,ght t(.1 1.111'11MCC111k (..Xk:1)d tht: the zamc terms and
c;)l1dilion:). lk(,l a rnod 11V( to Q\mA foku, to k nahic flw of
fay(nievilk" time 1") rc,11i11 tll;� docullicnt.
c
pkTimew 00�M -
1"f..01iIw.k! Cup),
"HON 011 10—Sl,'Mi\'IARY 01"I'VORK (C011tillLIC-d)
I l"ur""hask: order.., ilm� be issued Lo the successful bidder 1':11 :*;
J u; t I !: . !� , , - , .:!1i1 ', : with a contract period not to CNCM] 00t,
(!) calendar (inclusive) year.
2.
payment
for work- shall he made upon completion and acceptance of the work by the
Gt�, of Fa% cirteville.
1.10 COPII'.-,S Of:'
A. Furnished ("opies: After execution of'Agreement, Contractor will be furnished at no
C051. H 111,U6111.1111 of tllrC'C sets of Contract Documents consisting of full-size
Contract Drawinc,S lillClLidina revised Drawings and the Project Mannal, in addition to
thOSe IlSed in CNeCI1li(.)Il of the Agreement
M
13, Additional Copies: Additional copies of �.ihove documents will be suppliccl by
Lngilleer Upon request ot'Coutrac.torancl approval of0wrier.
C-1
ill I SCI 1EMAJ" 01: OWNLR.-SUPPLIED EQUIP-MENT AND MA]"ERIALS:
None.
PART I - PRODUCTS — NO -1 APPLICAFJLE
PARTS- RX1XV110N --NOT APPLICABLE.
END OF SECTION 01110
UI I I O.S111111m;1I N. ul 41 ol I.. QI i If) 4