2338ORDINANCE NO. a8
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE SEWER
REHABILITATION ON MISSOURI STREET, DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of
competitive bidding in exceptional situations where such procedure is deemed not feasible or
practical; and
WHEREAS, there are many items necessary for the City's use where competitive
bidding is deemed not feasible or practical; and
WHEREAS, the City of West Memphis and the West Memphis Utilities are in need of
replacing a 8" sewer line on Missouri Street, and the necessary replacement is needed
immediately, and competitive bidding under such circumstances would not be feasible or
practical;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
1. That competitive bidding be waived for the following item to be used by the City,
described as follows:
Replacing 8" sewer line on Missouri Street at a cost of $87,457.50 provided by Insituform
Technologies, LLC.
2. EMERGENCY CLAUSE. It having been found and determined by the City Council
of the City of West Memphis, Arkansas, that the sewer line on Missouri Street requires
immediate replacing for fear of the line collapsing and the work can be performed by Insituform
Technologies, LLC, and that there is an urgent and immediate need for said rehabilitation to be
completed, an emergency is hereby declared to exist, and this Ordinance being necessary for the
preservation of the public peace, health, safety and welfare of the Citizens of West Memphis,
Arkansas, shall be in full force and effect from and after the date of its passage and approval.
PASSED AND APPROVED this day F�BQdlAA y , 2014.
ATTEST:
SPONSORED BY:
WILLIAM H. JOHNS N, Mayor
/nsituform /;7Sii'i1b!n0 7'eChnokW%eS, LLC i5 u SLI:;S7d!8!,}j 0(f5E'C{lOti Corporation
1410 Gould Blvd. Tel: 615-967-8462
Technologies'. Lid LaVergne, TN 37086 Fax: 615-742-8024
Worldwide Pipeline Rehabilitation rmiller@insituform.com
Date 2/04/2014
Mr. Josh Grabowski
West Memphis Utilities
604 East Cooper
West Memphis, AR 72301
Re: Missouri Street 8 -inch CIPP Sewer Rehabilitation- West Memphis, AR
Dear Mr. Grabowski,
Insituform Technologies, LLC (IT) is pleased to provide the following proposal to West Memphis Utilities,
hereinafter referred to as "Client", for the scope of work detailed below.
PROPOSAL PRICING
IT proposes the following pricing for the scope of services described herein:
ASSUMPTIONS AND QUALIFICATIONS
Irs Proposal Pricing is based upon the following assumptions and clarifications:
1. IT assumes the work will be completed during dry weather conditions.
2. The above pricing is based on one instance of mobilization. If additional instances are required, Client will be
billed $6,000 per instance.
3. Client shall provide access to all manholes and work areas associated with this project.
4. Client shall remove section of 8 -in pipe inserted with 6 -in pipe prior to CIPP lining.
5. The above pricing is based on the use of standard polyester CIPP and resin.
6. IT is an open -shop company and shall not be subject to any union requirements or agreements and will not
enter into any Project Labor Agreement or any such similar agreement for this Project. Where required by
the Contract Documents, IT will pay the Prevailing Wages then in effect for the Project and will submit
Certified Payroll Reports in a timely manner.
IT SCOPE OF WORK / RESPONSIBILITIES
IT will provide the following:
1. Mobilization and demobilization of personnel, equipment, and materials to and from the Project site. The
price presented is based upon one (1) instance of mobilization and demobilization.
2. CIPP preparatory cleaning and CCTV inspection of the pipes to be CIPP lined, excluding heavy cleaning, mineral
and other deposits and obstructions removal.
3. CCN inspection of the pipe prior to CIPP lining of the pipe.
4. CIPP lining of the piping using standard polyester CIPP and resin.
5. CCTV inspection of the pipe after the CIPP lining is complete.
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4/2014
6. Internal reinstatement of service connections as directed by Client or their representative.
7. Standard IT one-year warranty from date of installation, excluding any required warranty TV inspection
and/or testing.
8. Standard insurance coverage with the following limits:
General Liability: $2,000,000 per occurrence/$4,000,000 aggregate
Auto: $2,000,000 Combined Single Limit
Workers Compensation: Statutory with $1,000,000 Employer's Liability
The above insurance shall not include Primary and Non -Contributory Coverage and IT shall not provide a
Waiver of Subrogation endorsement.
NOTE: Modifications to the Scope of Work / Responsibilities of IT may result in a change in price and/or duration.
1 EXCLUSIONS•
The following items are excluded from IT's above Pricing and Scope of Services / Responsibilities stated in this
Proposal. These items, if necessary, applicable or otherwise required, shall be furnished by Client, at Client's
direction and at no cost to IT or its subcontractor may, upon mutual agreement in writing between IT and Client,
be provided by IT at an additional cost:
1. Any permits, licenses and construction easements.
2. Final Post inspection.
3. Cleaning and CCN of any piping not being CIPP lined.
4. Manual operation of any pumping and/or metering stations.
5. Environmental/erosion controls (i.e., hay bales, silt fence etc.) that may be required adjacent to manholes,
access points and/or water supply hose.
6. Access to and use of fire hydrants and/or sufficient water supply to complete flushing and CIPP installation.
7. Any special traffic control setups, flagmen, permits, police detail, etc.
8. Heavy cleaning, protruding tap or obstruction removal (calcium, concrete, mineral deposits, roots, etc.)
9. Point repairs.
10. External service reconnections.
11. A secure yard or facility for the overnight and weekend storage/parking of IT trucks and equipment.
12. Bypassing of mains, services or laterals.
13. Burial and/or ramping of discharge or bypass hose/pipe.
14. Repair of pipe damaged during any industry standard high-pressure jet cleaning operations, preparation or
lining and any subsequent cleaning necessary to remove debris that has fallen into the pipe as a result of
any such collapse or repair.
15. Directives setting forth which service connections must be reinstated prior to final CCN inspection.
16. Location of and access (of IT and its Subcontractor's equipment and/or personnel) to all manholes and
other areas associated with the Project, including the excavation and uncovering of any buried manholes,
etc.
17. Restoration of any area damaged during CCN and/or CIPP-related processes.
18. Equivalent pipe diameter access from the invert to the street level.
19. Payment and Performance bonds. If payment and performance bonds are required, add 2.5% to the total
Project cost.
20. Removal and disposal of any hazardous or toxic materials encountered during the Project.
21. Holiday work, rush delivery or adverse weather work (as defined by IT).
22. Complete independent testing of liner samples from each installation.
23. Certified Professional Engineer stamped designs.
24. State and local sales and/or use taxes.
25. Additional premiums for special insurance coverage(s) specific to this project.
CLIENT TO PROVIDE THE FOLLOWING:
1. A water supply adequate for Cleaning and CIPP installation activities.
2. Any associated permitting/permits.
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2 4 2014
3. Location of and unimpeded access to all manholes associated with the project for CCN inspection and CIPP
installation equipment and personnel, including although not limited to any buried and/or any inaccessible
manholes, etc.
4. Client shall remove section of 8 -in pipe inserted with 6 -in pipe prior to CIPP lining.
5. Vehicular and personnel access to all project areas for CCTV inspection and CIPP installation prior to
equipment and personnel mobilization.
GENERAL TERMS AND CONDITIONS:
I. IT's Proposal is conditioned upon Client's acceptance of the terms and conditions set forth herein. Client's
ordering of material or services by purchase order or otherwise, shall be treated as Client's acceptance of
such terms and conditions. All terms and conditions in Client's purchase order or in any other communication
to IT, whether submitted previously or subsequently to this Proposal, which are additional to or inconsistent
with the terms and conditions of this Proposal are not binding upon IT and shall not be applicable to this
Proposal, except to the extent accepted in writing by IT. Any change or amendment to this Proposal, to be
binding upon IT, must be accepted in writing by IT.
2. Specific service connections will be reconnected only when written directions are received from the Client.
The Client will indemnify and hold IT harmless from all claims arising from backups and other effects of such
actions or inaction's from services not opened at the owner's request. In the event that Insituform is unable
to locate or reconnect a service lateral internally, the Client will externally reconnect the service at no cost to
IT.
3. This Proposal is valid for 30 days, unless otherwise extended by IT.
4. PAYMENT: Payment is due in full, without exception or retention, within 30 days of the date of the invoice.
Monthly partial progress payments may be requested for the value of work in progress or completed,
including materials delivered to the Project site. Payments due and unpaid shall bear interest at the rate of
11/2 % per month from the date payment is due. Should IT incur costs or expenses to collect monies
claimed due hereunder from Contractor, Contractor shall pay to IT, in addition to all other sums due to IT,
attorneys' fees, consultants' costs, and other expenses and costs, including but not limited to litigation
and/or arbitration expenses and arbitrator compensation, in connection therewith.
5. IT is not a union shop and shall not be subject to any union requirements or agreements or project labor
agreements. On public projects where required, IT will pay prevailing wages as identified by Contractor prior
to submission of this Proposal.
6. IT shall not be responsible for any inability to perform under this Proposal or for any loss or damage due to
delays or disruptions resulting directly or indirectly from, or contributed to by, any act of God, action or
omission of Contractor, act of civil or military authorities, fire, strike or other labor dispute, accident, flood,
adverse weather, war, riot, terrorism, transportation delay, inability to obtain material or fuel supplies, or any
other circumstances beyond IT's reasonable control, whether similar or dissimilar to any of the foregoing.
7. Claims for Changed, Concealed or Unknown Conditions: If conditions are encountered at the site which are
(1) materially changed; (2) subsurface or otherwise concealed physical conditions which differ materially
from the information upon which this Proposal is based or (3) unknown physical conditions of an unusual
nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for herein, then the Proposal Price and Time shall be
equitably adjusted to address the conditions.
8. LIMITED WARRANTY: IT WARRANTS TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED BY IT WHICH ARE BROUGHT TO THE ATTENTION OF IT IN WRITING WITHIN ONE YEAR
FOLLOWING COMPLETION OF IT'S WORK, PROVIDED CUSTOMER AFFORDS IT SUITABLE ACCESS AND
WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
9. Except for the express warranty forming a part of this Proposal, IT DISCLAIMS ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ITS LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, IS
LIMITED TO THAT PERMITTED UNDER THIS PROPOSAL, AND SHALL IN NO EVENT EXCEED THE PRICE
HEREUNDER. NOTWITHSTANDING ANYTHING SEEMINGLY TO THE CONTRARY, IT SHALL NOT BE LIABLE
TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST TIME, DELAY, DISRUPTION, INTERFERENCE,
LOSS OF PRODUCTIVITY, INCONVENIENCE, LOST INCOME, OR LOST PROFITS.
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10. This agreement may be terminated by either party upon seven (7) days written notice should the other party
fail substantially to perform in accordance herewith through no fault of the party initiating the termination.
11. Contractor shall indemnify, defend and hold IT harmless from and against all claims, demands, liabilities,
causes of action, losses, damages, costs and expenses, including without limitation attorneys' fees and
claims for bodily injury (including death) or property damage, arising out of or relating to IT furnishing
materials hereunder in accordance with any plans, specifications or other design documents furnished by
Contractor to IT.
12. The terms and conditions of this Proposal form the entire agreement between the parties. All other terms,
proposals, negotiations, representations, recommendations, statements or agreements, whether made or
issued contemporaneously or previously, are excluded from and are not a part of this Proposal, and have no
binding or enforceable effect. This Proposal, if accepted, shall be binding on the parties and their respective
successors and assigns.
The information contained in this letter is proprietary to Insituform Technologies, LLC and shall be retained by the
recipient in confidence and shall not be published or otherwise disclosed to third parties without the express
written consent of Insituform Technologies, LLC The foregoing shall not preclude the use of any data which (i)
was in its possession without restriction as to use prior to receipt as proprietary of the same or similar data from
Insituform Technologies, LLC, (ii) is or becomes available from a public source on or after such receipt from
Insituform Technologies, LLC or (iii) is obtained by the recipient from a third party not under obligation of
confidentiality or other restriction with respect to use.
Please do not hesitate to contact me with any further questions.
Sincerely,
Insituform Technologies, LLC
Ryan Miller
Manager - Business Development
Accepted By:
(signed)
(print name)
Date:
Title: