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HomeMy WebLinkAbout2021-200 PO 20210260- Insituform Technologies LLC yy R� RDE Purchase Order FlaFiscal2021 Page: 1 of: 1 +�lr sWoe lefisJj �uletffiFiTaWAITEti B City of Ashland LATTN:Accounts Payable Purchase 1 � Ashland,OR 97520 Order#/ 2020260 T Phone:541/552-2010 O Email: payable@ashland.or.us • • • ✓ H CIO Public Works Department EINSITUFORM TECHNOLOGIES, LLC I 51 Winburn Way 17988 EDISON AVE p Ashland, OR 97520 Q CHESTERFIELD, MO 63005 Phone:541/488-5347 R O Fax:541/488-6006 7...11 ii 3U ��11=T Scott Fleu 02/02/202 5929 ' FOB ASHLAND OR-NET 3 Cit Accounts Pa able {_ja{3CL'atO- WW Collection Rehabilitation 1 Wastewater Collection Rehabilitation-CIPP Project 1.0 $513,530.00 $513,530.00 Public Improvement Contract for Wastewater Collection Rehabilitation-CIPP Project No.2019-06 Completion date: June 4,2021 Project Account: E-201906-999 • GL SUMMARY*************** 086000-704200 $513,530.00 • • • By: Date: . Authorized Signature — rr_e � 1= - ,513 530.00 alf 4_/. 7,e..4.-e-ei ktAf 1,2-14-41-1.4-4?-•Z.----.) , FORM #3 lop CITY OF V A request for �'(ircfl�i:;t:C(t:�or €d "--/ SH LA.N D ( i'z EQU U Sr 11T 11®U4 Date of request: 0112012021 Required date for delivery: Inslituforms Technologies LLC 1 i - Vendor Name Address,City,State,Zip 17900 Edison'Avenue Chesterfield,MO 63005 Contact Name&Telephone Number Whinney Schulte 636-530-6000 Email address • SOURCING METHOD • 0 Exempt from Competitive Bidding 0 Fmergencv • ❑ Reason for exemption: ID Invitation to Bid 0 Form 1113,Written findings and Authorization ❑ AMC 2.50 - Dale approved by Council:1119121 0 Written quote or proposal attached • ' ❑ Written quote or proposal attached in (Attach copy of council communication) (If council approval required,attach copy of CC) • ❑ Small Procurement Q Request for Pronosal Cooperative Procurement l { not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract 11 ❑ VerbaliWrilten bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 Stale of Washington Date approved by Council Contract IE Attach co. of council communication 0 Other government agency contract Intermediate Procurement ❑ Sole Source Agency. GOODS&SERV CES 0 Applicable Form(115,6,7 or 0) Contract 0 Greater than$5.000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form 114,Personal Services$51(to$75K Agency PERSONAL SERVICES ❑ Special Procurement 0-Annual cost to City does not exceed$25,000. r- Greater than$5,000 andiess than$75.000 ❑ Form 49,Request for Approval Agreement approved by Legal end approved/signed by I'I ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form 114,Personal Services$51(to$75l( Valid until: (Date) approval required.(Attach copy of council communication) i Description of SERVICES Total Cost [Wastewater Collection Rehabilitation-app Project $ 513 530.00 Item Il Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Project Number 2 0 1 a o 6 Account Number o 0 6 0 0 0-7 0 4 2 0 0 Account Number - Account Number • 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: • IT Director Date Support-Yes/No By signing this i ulsilon fomr,i certify that the Ci s public contracting nrequirements have been satisfied. ' 1 LL a I_ t: _. • 1 L 1 l�1 Department Head: `T�i \" tdao naoks Employee: r t l 0 „•7 quo .orfrmaecthaui$5,000)0,o=Cayof t Department ManageriSupervlsor: City Manager: 1,;Ash/and,ou=Administration, f; , s (Equaltoo;:g �n'i •1:iii • Funds appropriated for current fiscal year _YES'INO .��f� �'` �'j te' •' • ' en F no rector(Equal to orgreeterthen$5,000) 10 o • Comments: • Form113-Requlslfon CITY OF ASFILANDhI PUBLIC IMPROVEMENT CONTRACT FOR WASTEWATER COLLECTION REHABILITATION-CIPP PROJECT NO.2019-06 This Public Improvement Contract(hereinafter"Contract")is entered into by and between the CITY OF ASHLAND,an Oregon municipal corporation(hereinafter"City"),and Instituform Technologies, LLC (hereinafter"Contractor"). NOW THEREFORE,for good and valuable consideration,the sufficiency of which is hereby acknowledged, the parties mutually covenant and agree as follows: 1. PROJECT MANAGER: The City's Project Manager for this Contract is: Chance]Metcalf:City of Ashland Public Works Engineering Department. 2. WORK: 2.1. The Work under this Contract is-for the Wastewater Collection Rehabilitation-CIPP Project No. 2019-06 as more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents.The Work is generally described as follows:The installation of approximately 12,136 linear feet of Cured in Place Pipe(CIPP)Lining ranging from 6-inch to 12-inch with 130 sewer service reconnections. The Statement of Work,including the delivery schedule for the Work,is contained in the Contract Documents. 2.2. Contractor shall,at its own risk and expense,perform the Work described in the Contract Documents and furnish all permits,labor,tools,machinery,materials,transportation,equipment and services of all kinds required for,necessary for,or reasonable incidental to,performance of the Work,that is,the construction of the Wastewater Collection Rehabilitation-CIPP Project No. 2019-06.Contractor shall secure all municipal,County,State,or Federal Permits or licenses including payment of permit fees,license fees,and royalties necessary for or incidental to the performance of the Work.The risk of loss for such Work shall not shift to the City until written acceptance'of the Work by the City. 25 3. EFFECTIVE DATE AND DURATION: This Contract is effective as of the date of execution by the City(the"Effective Date"). All Work under this Contract shall,unless otherwise terminated or extended,be completed On or before June 4, 2021. 4. CONSIDERATION 4.1. City agrees to pay Contractor,at the times and in the manner provided in the Contract Documents,the sum of$513,530.00 for performing the Work required by this Contract,including allowable expenses.This sum cannot be modified except by Change Order approved in writing by the City.Any progress payments to Contractor shall be made only in accordance with the schedule and the requirements as set forth in the Standard Terms and Conditions. 4.2. City certifies that sufficient funds have been appropriated to make payments required by this Contract during the current fiscal year.Contractor understands and agrees that City's payment of amounts under this Contract attributable to Work performed after the last day of the current fiscal year is contingent upon City appropriations,or other expenditure authority sufficientto allow City in the exercise of its reasonable discretion,to continue to make payments under this Contract. In the event City has insufficient appropriations,limitations or other expenditure authority,City may terminate this Contract without penalty or liability to City,effective upon the delivery of written notice to Contractor,with no further liability to Contractor. 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract, Contractor makes the following representations: 5.1. Contractor has examined and carefully studied the Contract Documents,and any data and reference items identified in the Contract Documents. 5.2. Contractor has visited the Site,conducted a thorough,alert visual examination of the Site and adjacent areas,and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. 5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress,and performance of the Work. 5.4. Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings,and reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site that have been identified in the Supplementary Conditions,especially with respect to Technical Data in such reports and drawings. 5.5. Contractor has considered the information known to Contractor itself;information commonly known to contractors doing business in the locality of the Site;information and observations obtained from visits to the Site;the Contract Documents;and the Site-related reports and drawings identified in the Contract Documents,with respect to the effect of such information, observations,and documents on(1)the cost,progress,and performance of the Work;(2)the means,methods,techniques,sequences,and procedures of construction to be employed by Contractor;and(3)Contractor's safety precautions and programs. 26 • 5.6. Based on the information and observations referred to in the preceding paragraph,Contractor agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract. 5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the.Contract Documents. 5.8. Contractor has given City written notice of all conflicts,errors,ambiguities,or discrepancies that Contractor has discovered in the Contract Documents,and the written resolution thereof by City is acceptable to Contractor. 5.9. The Contract Documents are generally sufficient to indicate andconveyunderstanding of all terms and conditions for performance and furnishing of the Work. 6. GOVERNING LAW The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County,Oregon. If the claim must be brought in a federal forum,then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor,by the signature herein of its authorized representative,hereby consents to the in persona jurisdiction of said courts.In no event shall this section be construed as a waiver of the City of any form of defense or immunity. 27 CONTRACTOR DATA,CERTIFICATION,AND SIGNATURE Business Name(please print): lnsitufonn Technologies,LLC Contact Name:Whittney Schulte Phone: 636-53o-800Q Fax: N!A Address 17988 Edison Avenue.Chesterfield.MO 63005 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License# Construction Contractors Board#196019 Citizenship: Nonresident alien Yes x No Business Designation(check one): Individual Sole Proprietorship Partnership Corporation x Government/Nonprofit LLC The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service(IRS)under the name and taxpayer I.D.number provided above.(See IRS 1099 for additionalinstructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2018 Standard Specifications for Construction,as amended by the City of Ashland's most recent Addenda to the 2018 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents,including Exhibit A,in accordance with the terms and conditions of this contract. .I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return,pay any tax, or properly contest a tax,pursuant to ORS 305.385;I hereby certify,under penalty of perjury and false swearing,that I/my business am/is not in violation of any Oregon tax laws;.I further certify that the certification and representations in Standard Term and Condition## 16 [CCB Registration Requirements] aretrue and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. 28 CONTRACTOR: Signature/Title / Whittney Schulte,Contracting&Attesting Officer. Printed name //4//02.0 Dat NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee. CITY OF ASHLAND SIGNATURE CITY: Digitally signed by Adam Hanks Adam Hank, DN:cn=Adam Hanks,o=CityofAshland, ouAdministration, f`-email'=adamhanks@ashland.or.us,c=US /f Date:2021.01.28102058-0.8'00'_. _ City Administrator,City of Ashland Date- - - - - ATTACHMENTS: Certificate of Representation Standard Terms&Conditions Bid Schedule Insurance Requirements V19 ( .92-- 29 CERTIFICATE OF REPRESENTATION Contractor,under penalty of perjury,certifies that: (a) The number shown on this form is its correct taxpayer ID(or is waiting for the number to be issued to it;and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends,or (iii)the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract,when executed and delivered,shall be a valid and binding obligation of Contractor enforceable in accordance with its terms,and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified,professionally competent and duly licensed to perform the work.Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents,and has checked four or more of the following criteria: x (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence,set aside as the location of the business. x (2) Commercial advertising or business cards or a trade association membership are purchased for the business. x (3) Telephone listing is used for the business separate from the personal residence listing. x (4) Labor or services are performed only pursuant to written contracts. x (5) Labor or services are performed for two or more different persons within a period of one year. x (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. A /,oz'/p.ea./ Contractor Date Whittney Schulte,Contracting&Attesting Officer 30 • PERFORMANCE BOND The undersigned Insituform Technologies,LLC , as principal, further referred to in this bond as Contractor,and Travelers Casualty and Surety* ,as surety,further referred to in this bond as Surety,are jointly and severally bound unto City of Ashland,as obligee,further referred to in this bond as City,in the sum of Five Hundred Thirteen Thousand Five Hundred Thirty and 00/100 Dollars($513,530.00 . *Company of America Contractor and City have entered into a written contract dated , for the following project: Wastewater Collection Rehabilitation-CIPP No. 2019-06. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors,administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 107346047 Bond Agent: Marsh&McLennan Agency Address: 825 Maryville Centre Drive,Suite 200 St.Louis,MO 63017 Telephone: 314-594-2700 SIGNED this day of 20_ 58 • PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: Insituform Technologies,LLC By: / (Corporate Seal) Title: (Whittney Schulte, • tracting&Attesting Officer Legal Address: 17988 Edison Avenue C e terfield,MO 63005 Attest: �(/k • Corporate Secretary WITNESS: SURETY: Travelers Casualty and Surety Company of America (Corporate Seal) By. Title: Andrew P.Thome,Attorney-in-Fact Legal Address: One Tower Square Hartford,CT 06183 Attest: UksL1��p�, Gerporate-Seeretary Michelle Wilson,Witness • 59 • PAYMENT BOND The undersigned Insituform Technologies,LLC , as principal, further referred to in this bond as Contractor,and Travelers Casualty and Surety' ,as surety,further referred to in this bond as Surety,are jointly and severally bound unto City of Ashland,as obligee, further referred to in this bond as City,in the sum of Five Hundred Thirteen Thousand Five Hundred Thirty and 00/100 Dollars($ 513,530.00). 'Company of America Contractor and City have entered into a written contract dated , for the following project: Wastewater Collection Rehabilitation-CIPP No. 2019-06. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants,as defined in ORS 279C.600 through 279C.620,then this obligation is null and void;otherwise it shall remain in full force and effect. 2. If Contractor is declared by City.to be in default under the Contract,the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors,administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: 107346047 Bond Agent: Marsh&McLennan Agency Address: 825 Maryville Centre Drive,Suite 200 St.Louis,MO 63017 Telephone: 314-594-2700 SIGNED this day of 20_ 60 PAYMENT BOND Page 2 WITNESS: CONTRACTOR: Insituform Technologies,LLC By: (Corporate Seal) Title: Whittney Schulte,Contr g&Attesting Officer • Legal Address: 17988 Edison Avenue Che -rfeld,MO 63005 Attest: ` ��I Corporate Secretary WITNESS: SURETY: Travelers Casualty and Surety Company of America By: C1 (Corporate Seal) Title: Andrew P.Thome,Attorney-in-Fact Legal Address: One Tower Square Hartford,CT 06183 Attest: ANk Cerate-Secretary- Michelle Wilson,Witness /. 61 State of Missouri County of St.Louis On 1/21/2021 ,before me, a Notary Public in and for said County and State,residing herein, duly commissioned and sworn,personally appeared Andrew P.Thome known to me to be Attorney- In-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,,I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Li\--st_ 3 --- Michelle Wilson,Notary Public MICHELLE WILSON NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI COMMISSIONED FOR JEFFERSON COUNTY MY COMMISSION EXPIRES JUN.23,2023 ID#15636070 My Commission Expires: ACORO DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/1/2021 1/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to!the terms and conditions of the policy,certain.policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAME: Three City Place Drive,Suite 900 PHONE FAX St.Louis MO 63141-7081 E-MAIL Ext): (AJC,No): (314)432-0500 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:XL Insurance America,Inc. 24554 INSURED Insituform Technologies,LLC INSURER B:ACE American Insurance Company 22667 1347989 17988 Edison Avenue INSURER C:Indemnity Insurance Co of North America 43575 Chesterfield MO 63005 INSURER D: INSURER E INSURER F: COVERAGES INSTE02 CERTIFICATE NUMBER: 17321567 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) DAM/DO/MY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y N CGD300084905 7/1/2020 7/1/2021 EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 1,000,000 A X Independt Contractor BROAD FORM PD/CONTRACTUAL MED EXP(Any one person) $ 10,000 X XCU PERSONAL&ADV INJURY $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X j X LOC PRODUCTS-COMP/OP AGO $ 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y N ISA H25302540 7/1/2020 7/1/2021 (E aBcral J INGLE LIMIT $ 5,000,000 X ANY AUTO BODILY INJURY(Per person) $ VOCXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSXXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) — $ XXXXXXX UMBRELLA UAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ X WORKERS COMPENSATION N PER OTH- B AND EMPLOYERS'LIABILITY WLRC67457262(CA/MA) 7/1/2020 7/1/2021 X STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 457225 AOS) 7/1/2020 7/1/2021 E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N N/A (EXCLUDING MONOPOLISTIC) (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Insituform Job No.202329: Wastewater Collection Rehabilitation CIPP;Project No.2019-06.City of Ashland and its officers,agents,and employees are additional insureds under General Liability and Automobile Liability on a primary and non-contributory basis where required by written contract executed prior to loss,but only with respect to liability arising out of the Named Insured's operations. CERTIFICATE HOLDER CANCELLATION See Attachments 17321567 City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA 1 ©1988-2 CORD CORPORATI N. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code:D545910 Master ID: 1347989,Certificate ID: 17321567 l�1 a--v Obi Loan City of Ashland 20 E Main Street Ashland OR 97520 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate,we need your email address. Please contact us via one of the methods below, referencing Certificate ID 17321567. •Email: STL-edelivery@lockton.com 'Phone: (866)728-5657 (toll-free) If you received this certificate through an intemet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed,will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies Three CityPlace Dr, Suite 900/St. Louis,MO 63141-7088 314-432-0500/lockton.com Attachment Code:D544456 Certificate ID: 17321567 ENDORSEMENT# This endorsement,effective 12:01 a.m., 7/1/2020,forms a part of Policy No. CGD300084905 issued to AEGION CORPORATION By XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification Number of Days Name of Person(s)or,Entity(ies) Mailing Address: Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH 30 THE COMPANY. All other terms and conditions of the Policy remain unchanged. IX!405 0910 ©2010 X.L.America, Inc. All Rights Reserved. Attachment Code:D543763 Certificate ID: 17321567 NOTICE TO OTHERS ENDORSEMENT SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Aegion Corporation Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA ISA 7/1/2020To 7/1/2021 H25302540 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration dale by notice to you or the first Named Insured for any reason other than nonpayment of premium,we willendeavor,,as set outin,this endorsement,to send written notice of cancellation,to the. persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative'to send such notice to such persons or organizations.This notice will be in addition to our notice to you ,or the first Named Insured, and any other party whom we .are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s)or organization(s)named in the Schedule inthe event of a.pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s)or organization(s)shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives,will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule,nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative,and your representative will In turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply In the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL-32686(01/11) Page 1 of 1 • Attachment Code:D544740 Certificate ID: 17321567 Workers'Compensation and Employers'Liability Policy Named Insured EndorsementNumber AEGION CORPORATION 17988 EDISON AVENUE CHESTERFIELD MO 63005 Policy Number Symbol:WLR Number WLRC67457225(AOS) PolicyPeriod Effective Date of Endorsement 7/1/2020 TO 7/1/2021 7/1/2020 IssuedBy(Name of InsuranceCompany) Indemnity Insurance Co of North America Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium,we will endeavor,as set out in this endorsement,to send written notice of cancellation,to the persons or organizations listed in the schedule that you or your representative create or maintain(the"Schedule") by,allowing your representative to send such notice to such persons or organizations.This notice will be in addition to our notice to you or the first Named Insured,and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s)or organization(s)named in the Schedule in the event of a pending cancellation of coverage.We have no legal obligation of any kind to any such person(s)or organization(s).The failure to provide advance notification of cancellation to the person(s)or organization(s)shown in the Schedule will impose no obligation or liability of any kind upon us,our agents or representatives,will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative,and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule,or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM,TX and WI. Authorized Representative WC 99 03 69(01/11) Page 1 of 1 • Attabhment Code:D544786 Certificate ID: 17321567 POLICY NUMBER: CGD300084905 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN VARIOUS AS REQUIRED PER WRITTEN CONTRACT A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY" OR"PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT,INCLUDING INDEMNIFICATION AGREEMENTS. ,Information required to complete this Schedule, if not shown above,will be shown in the A.Section II—Who Is An Insured is amended to B.With respect to the insurance afforded to these include as an additional insured'the person(s)or additional insureds, the following additional organization(s)shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury"or damage"or"personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1.Your acts or omissions;or 1.All work, including materials, parts or equipment furnished in connection with such 2.The acts or omissions of those acting on your work,on the project(other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s)at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2.That portion of"your work"out of which the 1.The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted by intended use by any person or organization law;and other than another contractor or subcontractor engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 ,. l F .. • • Attachment Code:D544786 Certificate ID: 17321567 C.With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds,the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement,the most we will pay on behalf of the additional insured is the applicable limits of insurance. amountof insurance: 1. Required by the contract or agreement;or • Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 10 12 19 • Attabhment Code:D544786 Certificate ID: 17321567 POLICY NUMBER:CGD300084905 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS VARIOUS AS REQUIRED PER THE WRITTEN CONTRACT. AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY"OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT,INCLUDING INDEMNIFICATION AGREEMENTS. Information required to complete this Schedule, if not shown above,will be shown in the A.Section II—Who Is An Insured is amended to B.With respect to the insurance afforded to these include as an additionalinsured the person(s)or additional insureds,the following is added to organization(s)shown in the Schedule,but only Section III—Limits Of Insurance: with respect to liability for"bodily injury"or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement,the most we your wore at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2.Available under the applicable limits of 1.The insurance afforded to such additional insurance, insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable limits of insurance. is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 Attachment Code:D544796 Certificate ID: 17321567 ENDORSEMENT# This endorsement,effective 12:01 a.m.,7/1/2020,forms a part of Policy No.CGD300084905 issued to AEGION CORPORATION By XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured,as required by written contract. All other terms and conditions of this policy remain unchanged'. XIL 424 0605 ©,2005,XL America, Inc. Attachment Code:13544797 Certificate ID: 17321567 2 AUTOMATIC ADDITIONAL INSURED ENDORSEMENT Named insured Aegion Corporation Policy Symbol Policy Number Policy Period ISA ISA H25302540 7/1/2020 TO 7/1/2021 Effective Date of Endorsement 7/1/2020 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SECTION II - LIABIUTY COVERAGE, WHO IS AN INSURED is amended to include as an "insured' any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury"or"property damage"to which this insurance applies if the"accident"is caused by: 1. You,while using,a.covered."auto"or 2. Any other person,while using a covered"auto"with your permission. The insurance provided by this endorsement shall be subject to the following additional condition: 1.The Limit of Insurance provided for the Additional insured shall not be greater than those required by contract and, In no event,shall the policy Limits of Insurance be increased by the contract. 2,All insuring agreements,exclusions,terms and conditions of the policy shall apply to the coverage(s)provided to the Additional Insured,and such coverage shall not be enlarged or expanded by reason of the contract. 3. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured(s).whether primary,.excess,contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. Attachment Code:D544797 Certificate ID: 17321567 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Aegion Corporation Endorsement Number 57 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA ISA 7/1/2020 TO 7/1/2021 7/1/2020 H25302540 issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non- contributory insurance,pursuant to and as required under a written contract executed prior to the date of loss. (if no information is filled in,the schedule shall read:"All persons or entities added as additional insureds through an endorsement with the term`Additional Insured'in the title) For organizations that are,listed in the.Schedule above that arealso an Additional Insured under an endorsement attached to this policy,the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above(the "Additional Insured")for a loss we cover under this policy,this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. DA-21886b(06/14) Page 1 of 1 Council Business Meeting January '19, 2021 Agenda Item Approval of a Construction Contract with Insituform Technologies, for the Wastewater Collection Rehabilitation—CIPP Construction Project (PW 2019-06) From Scott Fleury, PE Public Works Director Chance Metcalf Project Manager Contact scott.fleury(a�ashland.or.us; (541) 552-2412 chance.metcalf(a�ashland.or.us; (541) 552-2448 SUMMARY Before the Council is a construction contract with Insituform Technologies, for the Wastewater Collection Rehabilitation-Cured In Place Pipe(CIPP)rehabilitation project. The project is identified in the current Capital Improvement Program for the City and funds are appropriated in the current budget for the rehabilitation work. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: A. Essential Services • Sewer B. Continue to leverage resources to develop and/or enhance Value Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and fmancial resources PREVIOUS COUNCIL ACTION Council approved the Capital Improvements Program(CIP) on April 2,2019. The CIP includes the construction of Wastewater Collection Rehabilitation-CIPP Project in the 2019-21 biennium. The Council also previously approved a CIPP restoration project for the Oak Street sanitary sewer trunkline at the March 5, 2013 Business Meeting(Minutes). BACKGROUND AND ADDITIONAL INFORMATION In most cases if a pipe is too small, it must be replaced with a larger size. However, if pipes are damaged, or in need of restoration but sized correctly and/or in difficult to access locations, trenchless technology may be an option to restore and upgrade underground pipe infrastructure. CIPP is a trenchless rehabilitation method used to repair existing pipelines. It is a jointless, seamless pipe lining placed within an existing pipe. As one of the most widely used rehabilitation methods, CIPP has applications in sewer,water, gas, and chemical pipelines of varying diameters. The process of CIPP involves inserting and running a felt lining into a preexisting pipe that is the subject of repair. Resin within the liner is then exposed to a curing element to make it attach to the inner walls of the pipe. Once fully cured,the lining now acts as a new pipeline. Public Works Wastewater staff developed a list of maintenance projects to be associated with CIPP repair in the current biennium. These projects are for pipes that are in areas difficult to replace(homeowner back yards or areas with many utility conflicts) and the resulting list of pipeline segments cover a majority of maintenance related concerns that can be remedied by CIPP.Not only will the CIPP project result in Page 1 of 3 CITY OF SI- LAN'D v J providing significant useful life to these pipelines,but it will also reduce water infiltration into the wastewater collection system. _t. .-- i 1:- ' \ ;,..5.;..,, .._„, ..„,_-_,,,,,,',,,,, .."0::;,:--.... .„,,,,,,,.:_..;:(7_._.,,i1 ,Il i":',----17: ..r . „, ,, ., .... _ ,,,:,. ..:, .., „. .„, r S — . , ,,. .:N=y) ,` ; i E' ,.‘0 -, ,.:''0",,,':;,,,,t '' aN , 4.,. ..:_ —4.V,...,.. rya. 3 ___.....31 r 4'f r 1 �'g � r7f �, '' a;er'e 3 �`"q c #fir . eR 3 �.a• . }f r, rg'.,•-•‘:6`i., „ Nt asht, k,,, . a,, .rr 4.'.. .,. i u.:', . ). '"''''' v x,-6*' r t y,b1r- : ''I Ufa t i�,1F ri ` 4::' -, 1 -'4 1.•l`-1 ` �c''3 i}, h - ..� $ x w, s c�7a `'`.-1.11',.-4,,,',:c% ���°. -� x.14. i;-#7",, r Public Works generated and released a formal Invitation to Bid(ITB). The ITB was posted on the Oregon Procurement Information Network(ORPIN) on November 4, 2020, and documents were also on file at the City in the Community Development Building at 51 Winburn Way. Bids were received and opened on December 8,2020. Two bids were received from Insituform Technologies and Michels Corporation,both deemed responsive. Insituform Technologies provided the lowest bid. WASTEWATER COLLECTION REHABILITATION-CIPP PROJECT (2019-06) f o s',1 ,o ,. S ee o 00 ogies iichels Co 0 oratio, . $513,530.00 $557,434.00 The outcome of the bid process is intended to result in a public improvement contract with the City of Ashland for supplying all labor, equipment, and materials necessary to construct the Wastewater Collection Rehabilitation-CIPP Project No. 2019-06. This project consists of installing Cured in Place Pipe(CIPP) Lining ranging from six inch to twelve inches in diameter,with a combined total length of 12,136 feet and restoration of one hundred thirty(130) service lateral reconnections. The project will also include associated traffic control and erosion control measures necessary for construction. The project is expected to take 45 days to complete and if approved would begin in April of 2021. The City and contractor will notify affected property owners of pending construction activities including schedule,prior to project commencement. FISCAL IMPACTS The 2019-21 Wastewater Division Biennium Budget(BN) includes funds for contracted services (capital improvement program) in the amount of$265,000 for this project. Public Works recommends award of a public improvement contract in the full amount of$513,530 which is more than the appropriated amount in the current budget. The remainder of funding would come from existing ending fund balances within the wastewater fund and Public Works will not request a budget appropriation of$265,000 for another CIPP project in the 2021-2023 budget in order to build back the ending fund balance used to cover the contractual amount. Page 2 of 3 CITY OF H : D • a STAFF RECOMMENDATION Staff recommends approval of a construction contract with Insituform Technologies for the Wastewater Collection Rehabilitation-CIPP Project for a contract amount not to exceed$513,530.00. ACTIONS, OPTIONS &POTENTIAL MOTIONS Council, acting as the Local Contract Review Board,has the option to approve this contract or refer action back to staff to rebid the project or request that the project not be constructed. Potential motions include: 1. I move to approve the construction contract with Insituform Technologies for the Wastewater Collection Rehabilitation-CIPP Project for a contract amount not to exceed$513,530.00. 2. I move to direct staff develop a new solicitation and construction bid for this project. REFERENCES &ATTACHMENTS Attachment 1: Public Improvement Contract between the City and Insituform Technologies. Page 3 of 3 CITY OF SH LAN D I,: T Y° O -F Oki SHL: N Dr PUBLIC IMPROVEMENT CONTRACT FOR WASTEWATER COLLECTION REHABILITATION-CIPP PROJECT NO. 2019-06 This Public Improvement Contract(hereinafter"Contract")is entered into by and between the CITY OF ASHLAND, an Oregon municipal corporation(hereinafter"City"),and Instituform Technologies, LLC (hereinafter"Contractor"). NOW THEREFORE,for good and valuable consideration,the sufficiency of which is hereby acknowledged, the parties mutually covenant and agree as follows: 1. PROJECT MANAGER: The City's Project Manager for this Contract is: Chance Metcalf,.City:of Ashland Public'.WorksEngineeringDepartmeni. 2. WORK: 2.1. The Work under this Contract is for the Wastewater Collection Rehabilitation-CIPP Project No. 2019-06 as more fully described in the Contract Documents listed in Section 5 of EXHIBIT A,. STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows: The installation of approximately 12,136 linear feet of Cured in Place Pipe(CIDP)Lining ranging from 6-inch to 12-inch with 130 sewer service reconnections. The Statement of Work,including the delivery schedule for the Work,is contained in the Contract Documents. 2.2. Contractor shall, at its own risk and expense,perform the Work described in the Contract Documents and furnish all permits,labor,tools,machinery,materials,transportation,equipment and services of all kinds required for,necessary for,or reasonable incidental to,performance of the Work,that is,the construction of the Wastewater Collection Rehabilitation-CIPP Project No. 2019-06. Contractor shall secure all municipal, County, State,or Federal Permits or licenses including payment of permit fees,license fees,and royalties necessary for or incidental to the performance of the Work.The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 25