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HomeMy WebLinkAboutWWP273624 (4)O CERTIFICATE OF LIABILITY INSURANCE , 6.� 7/1/zo 13 DATE(MMIDD/YYYY) 8/27/2012 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 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,LLC-1 St. Louis Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314) 432-0500 NAME: alc, No, Ext : AX No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company (64) 23035 INSURED Insituform Technologies, LLC 1347989 17988 Edison Avenue Chesterfield MO 63005 INSURER B : Liberty Insurance Corporation (64) 42404 INSURER C INSURER D : INSURER E : INSURER F : COVERAGES INSTE02 223MRTIFICATE NUMBER: 11970883 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 NS TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY Y N TB2-641-004218-032 7/1/2012 7/1/2013 EACH OCCURRENCE 5 2,000,000 A A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR BROAD FORM PD/CONTRAC PER PROJECT AGG. CAP $20A UAL DAMAGE TO RENTED PREMISES Ea occurrence s 350,000 MED EXP (Any oneperson) S 10,000 PERSONAL & ADV INJURY S 2.000,000 X Independt Contractor X XCU GENERAL AGGREGATE S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s 4,000.000 PRO - POLICY X JECT 7 LOC S A AUTOMOBILE LIABILITY Y N AS2-641-004218-022 7/1/2012 7/1/2013 MBI EDSINGLELIMIT COMBINED S 2 O00 O00 X BODILY INJURY (Per person) S }{}(j(j{xxx ANY AUTO AUTS OWNED SCHEDULED BODILY INJURY (Per accident S XXXXXXX NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per accident 5 XXXXXXX SXXXXXXX UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS -MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED I I RETENTIONS $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A N WA7-64D-009004-442 WC7-641-004218-012 (WI & O 7/1/2012 )7/1/2012 7/1/2013 7/1/2013 WC STATU- OTH- X TORY LIMITS E.L. EACH ACCIDENT S 1.000.000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I(Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: SANITARY SEWER REHABILITATION 2012 AND LAKE WASHINGTON BLVD PIPE REHABILITATION. CITY OF RENTON IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS. **SEE ATTACHED ENDORSEMENTS** GtK I It-IUA I t NULULK UANGtLLA I IUN gee Attacnment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11970883 AUTHORIZED REPRESENTATIVE CITY OF RENTON 1055 SOUTH GRADY WAY RENTON WA 98057 ACORD 25 (2010/05) ©1988- ORD CO ORA N. All riahts reserved The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE Any person or organization where required by written contract prior to a loss, but only where the contract specifies that the CG 20 10 11 85 is required. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 7/1/2012 Expiration Date 7/1/2013 For attachment to Policy No. TB2-641-004218-032 Audit Basis Issued To Aegion Corporation Countersigned by Authorized Representative Issued Sales Office and No. End. Serial No. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Policy Number TB2-641-004218-032 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) I Organizations : Email Address or mailing address: Number Days Notice: "Per schedule on file with Company" 60 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. • 0.!Nis, LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material. of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, SCHEDULE Name of Person(s) or Any person or organization whom you have agreed in writing to add as an additional Organization(s): insured, but only to coverage and minimum li nits of insurance required by written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. For diesignated insureds added under this policv, and where written agreement requires the insured to provide liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis of such written agreement. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Policy No: AS2-641-004218-022 Issued By: liberty Mutual Fire Insurance Company Effective Date: 7/1 /2012 Expiration Date: 7/1/2013 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Organ izations : Email Address or mailing address: Number Days Notice: Per schedule on file with company" 60 All other terms and conditions of this policy remain unchanged. Policy No: AS2-641-004218-022 Issued By: Liberty Mutual Fire Insurance Company Effective Date: 7/1/2012 Expiration Date: 7/1/2013 Sales Office: Endt Serial No: LA 99 224 09 10 Page 1 of 1 PUBLIC WORKS DEPARTMENT cicrof M E M O R A N D U M DATE: February 20, 2013 TO: File FROM: John Hobson SUBJECT: One -Call Reference No. for Manhole installation The City of Renton's Wastewater Maintenance section replaced cleanout 5309-814 (866 Pierce Ave NE) with a new manhole in late January 2013 to allow installation of a CIPP as part of CAG-12-106 (Sanitary Sewer Rehabilitation 2012 & Lake Washington Pipe Rehabilitation project). The One -Call reference number for this work was 13012098. \\renton\data\piazza\data_center\templates\pw\sta nda rdmemo. doc NOTICE TO OWNER OR& " I Z--106 PuVIu/7//�71S BM-10-WA IMPORTANT: READ BOTH SIDES OF THIS NOTICE CAREFULLY. PROTECT YOURSELF FROM PAYING TWICE. Operator: DEBBI Call Date: 12127112 TO: ❑X Owner ❑ Lender ❑ Contract ❑ Lessee Certification #: 70121010000090594326 01126102 Owner's Address: CITY OF RENTON COMMUNITY SER VICES DEPTI* 1055 SGRADY WA 5TH FLOOR RENTON, WA 98057 TO: ❑ Owner ❑ Lender Certification #: 70121010000090594333 Address: INSITUFORM TECHNOLOGIES INC 8620 ANTELOPE N RD ANTELOPE. CA 95843 TO: ❑ Owner ❑ Lender Certification #: 70121010000090594340 Address: WM DICKSON CO SUB 3315 SPINE ST TACOMA, WA 98409 ® Contract ❑ Lessee 01126102 Ref.# SEA Rental R022576 Page 1 of I Date of Mailing: 12127112 Service Date: 12126112 Member # 00000548- Job # 01126102-1 From: NICOLI, D.P. INC J D�_ 69 z _ rAD AT THE REQUEST OF: WMDICKSONCO (NAME OF PERSON PLACING THE ORDER) Brief description of professional services, materials, or equipment provided or to be provided: S1ior.11g The property is located at: Address: LAKE rrASHINGTONBLVD N@ 36 County: KING. RENTON Lot Block Add ® Contract ❑ Lessee 01126102 Tax Lot: Section * Township State of Washington Rang * of the W.M. as Described. LENDER/SECURITY INTEREST RECORDING INFORMATION: THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim a lien without sending you a notice. OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY Under Washington law, those who work on or provide materials for the repair, remodel or alteration of your owner -occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This ulaini is known as a construction lien. The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract you have not yet paid to your prime contractor as of the time you received this notice. Review the back of this notice for more information and ways to avoid lien claims. COMMERCIAL AND/OR NEW RESIDENTIAL PROPERTY We have or will be providing labor, materials, professional services or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all materials, equipment, and professional services furnished after a date that is sixty days before this notice was mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was mailed to you. The following explanatory paragraph is not required by RCW 60.04.031, and is included by BMDA: This notice is part of transacting business in the construction industry, and is to inform you that if the person or firm who supplied labor, materials, equipment or services, for some reason or another does not receive payment, they would then have the right to file a lien on your property for labor, materials, equipment or services they provided and which remain unpaid. This notice is not a direct reflection upon the integrity or credit standing of yourself, your lender, or your contractor. No further notice to you of this or any subsequent delivery may be necessary. Further, not all persons or entities entitled to a construction lien are required to give this notice. There are some exceptions. This notice provides GENERAL INFORMATION ONLY. It should not be viewed as a substitute for legal advice. _ , wc Iffilam Sender: Building Material Dealers Association (BMDA), Agent Address: 1006 SE Grand Ave. Suite 301 Portland, Oregon 97214 Telephone: (503) 208-3763 - 888-960-6329 - FAX (971) 255-0790 IMPORTANT INFORMATION ON REVERSE SIDE CtT`r -)F RENTOM ©1992 by WADA BMDA-0002(3-00) IMPORTANT INFORMATION FOR YOUR PROTECTION 7MNIl1NtTY_SER �1V1VJ FOR YOUR PROTECTDIM This notice is sent to inform you that we have or will provide materials, professional services, or equipment for the repair, remodel, or alteration of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. LFARN more about the lien laws and the meaning of this notice by discussing with your contractor, suppliers, department of labor and industries, the firm sending you this notice, your lender, or your attorney. CONMI'0� 1 P-0ETI- ODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods. DUAL PAYCHECKS (Joint; Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice. LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself. YOU SHOULD TAKE WHATEVER STEPS YOU BELIEVE NECESSARY TO PROTECT YOUR PROPERTY FROM LIENS. YOUR PRIIAE CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT. IMPORTANT INFORMATION DFd P,EVERSE SIDE bs BUILDING MATERIAL DEALERS ASSOCIATION BMDA 1006 SE GRAND AVE., SUITEE30 30 PORTLAND, OREGON 97214 Address Service Requested IUI�IIIIIII�INIaN�nlllllllll 7012 .o.o 0000 9059 43=e � ISES 4�11- 141.V K(MAN 02 1M $ 03.400 0004223657 DEC 27 2012 MAILED FROM ZIP CODE 97214 liti11111111'11ItIllil1) ililiii 1111ili'i till IF J AIli 11lll113E 0000 -0 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN ADDRESS, FOLD AT DOTTED LINE CFRTIFij:n Md 11 NOTICE TO PRIME CONTRACTOR Materialman's Notice To: INSITUFORM TECHNOLOGIES 9654 TITAN COURT LITTLETON, CO 80125 (Prime Contractor) From: WM. DICKSON COMPANY 3315 SOUTH PINE STREET TACOMA, WA 98409 You are notified that the above claimant has commenced to furnish or deliver materials (with or without labor) to the following project: ❑ CITY OF RENTON SANITARY SEWER REHAB 2012 & LAKE WASHINGTON BLUD PIPE REHAB (Name of Project) ❑ LAKE WASHINGTON BLVD N & N 36TH STREET / RENTON WA (Address of Project) The subcontractor who has ordered this work for the above claimant is: ❑ GREEN EARTHWORKS CONSTRUCTION, INC. You are on notice that your bond and retainage will be held for payment of these materials in the event that the claimant is not fully and timely paid by the above named subcontractor. Dated this 27TH day of DECEMBER, 2012 Signed: n&; Claimant original to : Prime Contractor Certified mail, return receipt within ten days of first delivery of materials cc: Project Owner City of Renton 1055 Grady Way Renton, WA 98055 Y'llQ� Denis Law - Clay Of - o Mayor Y. `�a' 1+ Public Works Department Gregg Zimmerman P. E.,Admmistrator_ September'14, 2012• Deriis'e Carroll Insituform'Technologies,-Inca.. - '. .," • - 17988'Edison Avenue . ;. Chesterfield,' IVIO 63005' RE: Contract Document-Sanitary,Sewer_Rehabilitation-2012 and Lake 1Nashington'Blvd " l Pipe -Rehabilitation'. bea7 Ms. Carroll: Enclosed please find. an :original contract docur een, for the Sanitary Sewer Rehakiilitation 2012 s and Lake Washington BlvdRipe•Rehabilitation for your files.,J We' will, need the following.infor•mation-to review and approve before construction can start. >. We would-I[ke to have most of it;befor.e .we schedule apre=construction conference If you intend -to use. private propef..ty.for:material storage or staging'you will need ttie approval of.our„ Development'Services Division.' -In some instanCesthis may,incIOde the.need for a Temporary Use Permit. This does not apply to storage and -staging areas w' ithin City°rights of way. ' - 1. Provide,mater.ial submittals-a's required for the work invoived with this job. this will• `'.. include; 'but not limited to,�information.on the:proposed source:and specifications of all materials that will be;used in the project (e:g ; CIPP, Manhole rehabilitation products; etc.), z showing:that the: proposed material -meets the project specifications, per Standard - Specifications and Special Provisions Section 1206.1 Provide any ' N' 'drawer gs'and r submittals needed for the project per Standar"d'Specifications,a'nd Specie) P.,rovisions Section 1 '06. 2.:.. Work Plan Inc1 -a - the following items; 1.. Proposed' construction sequencing andschedule for":the project - 2. IVlobdization:Pl'an 3. Traffic Control Plan 3. Traffic ControLPlan: The'form`is included with this letter: If you have,questions"on traffic control:requiremen.ts,please give me a call. "The plan can be reviewed and final = '! adjust"ments made at the pre;construetion conference.. 4. Ihsituform's Project IVI'anager;and Foreman's con_ tact-informdtion including phone nuCTt.befs and email addresses. Renton City Hall_•-1055 South Grady Way, • •Renton,,WasHington 98057 rentonwa:gov Ms. Carroll Page 2 of 2 September 14, 2012 Please let me know when you would like to have the pre -construction conference. We will need to notify the private utilities and City Inspector, so there should be a lead-time of at least one week before the conference. Please contact me at 425-430-7279 or jhobson@rentonwa.gov, if you have any questions. Thank you and I look forward to working with the staff at Insituform Technologies once again. Sincerely, ti hn Hobson Wastewater Utility Enclosures H:\File Sys\WWP - WasteWater\WWP-27-3624 Sanitary Sewer Rehabilitation 2012\Bid Info\Contract Transmittal Letter - Sanitary Sewer Rehabilitation 2012.doc\JDHtp U Y c` 1JI 1 -? W J'e vYsw t. .""'a ­4 4u a e,gUsXI2� 204-2 74i 7 1 t, N, I -Qrd -Xil V 'w —edlip'- _: g.j:wosr,, - - , .-,,: , ,,­ r� , , _! - -,,- , Inset W Ale 7 �Z i F-WEff THs-, 6 n Y, A�- m X i&b�d A m �,47, 327 V .4, VT `4 j�p47 � S R- f_mfljnit 6MentsQAN le A , ­ P trfi?pt lbe �tx Forms, Co ' om (eonr gnman_ adMi, V 4 t , S" .2,r� y;�r S��ni�t�a y�15euuer� F Was,M.",�gthon��6 pDoi l. (Ox W Al WW 01 - a CONTRACTS OTHER THAN FEDERAL -AID FHWA THIS AGREEMENT; made and entered into this /d 1 day of , by and between THE CITY OF RENTON, Washington, a municipal corporation oft e State of Washington, hereinafter referred to as "CITY" and Insituform Technologies, LLc , hereinafter referred to as "CONTRACTOR." WITNESSETH: 1) The Contractor shall within the time stipulated, (to-witt within Sixty (60) working days, from date of commencement hereof as required by the Contract,. of which this agreement is a component part) perform all the work and services required to be performed, and provide and furnish all of the labor, materials, appliances, machines, tools, equipment, utility and transportation services necessary to perform the Contract, and shall complete the construction and installation work in a workmanlike manner; in connection with the City's Project (identified as No. CAG12-106 for improvement by construction and installation of: Work for the Sanitary Sewer Rehabilitation 2012 and Lake Washington Blvd Pipe Rehabilitation, per the "Scope of Work included herein. All the foregoing shall be timely performed, furnished, constructed; installed and completed in strict conformity with the plans and specifications, including any and all addenda issued by the City and all other documents hereinafter enumerated, and in full compliance with all applicable codes, ordinances and regulations of the City of Renton and any other governmental authority having jurisdiction ttiereover. It is further agreed and stipulated that all of said labor, materials, appliances, machines, tools, equipment and services shall be furnished and the construction installation performed and completed to the satisfaction and the approval of -the, City's Public Works Director as being in such conformity with the plans, specifications and all requirements I of or arising under the Contract. The Contractor agrees to use recycled material's whenever practicable: 2) The aforesaid Contract, entered into by the acceptance of the Contractors bid and signing of this agreement, consists of the following documents, all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. a) This Agreement b) Instruction to Bidders c) Bid Proposal d) Specifications e) Maps and Plans f) Bid g) Advertisement for Bids h) Special Provisions, if any i) Technical Specifications, if any 0" C 1-2009 0 3 If the Contractor refuses or fails to prosecute the -work or any part thereof; with such diligence as will insure its completion within the time. specified in this Contract, or any extension in writing thereof, or, fails to complete said work with such time; or if the Contractor shall be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver: shall be appointed on account of the Contractor's insolvency, or if he or any of his subcontractors should violate any of the provisions. of this Contract, the City may then serve written notice upon him and his surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice; such violation or non-compliance of any provision of the Contract shall cease and satisfactory arrangement for the correction thereof be made, this Contract, shall, upon the expiration of said. ten (10) day period, cease and terminate in every respe(t. In, the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract provided, however, that if the surety within fifteen.05). day after the serving upon it of such notice of termination does not perform the Contract or does riot commence performance, thereof, the City itself may take over the work under the Contract and prosecute the same to corpletion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor; and his surety shall be liable to the City for any, excess cost or other damages occasioned the. City thereby'. In such event, the City, if ,it so elects, may; without liability for so doing; take possession of and utilize in completing said Contract such materials, machinery, appliances, equipment, plants and other properties belonging to the Contractor as may be on site of the project and useful therein. 4) The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 5) Contractor agrees and covenants to hold and save the City; its officers, agents, representatives and employees harmless and to promptly indemnify same from and against any and all claims, actions; damages, liability of every type and nature including all costs and legal expenses incurred by reason of any work arising under or in connection with the Contract to be performed hereunder; including loss of life, personal injury and/or damage to property arising from or out of any occurrence; omission or activity upon, on or about the premises worked upon or in any way relating to this Contract. This hold harmless and indemnification provision shall likewise apply for or on account of any patented or unpatented invention, process, article or appliance manufactured for use in the performance of the Contract, including its use by the City, unless otherwise specifically provided for in this Contract. "' The Contractor agrees to name the City as an additional insured on a noncontributory primary basis. In the event the City shall, without fault on its part; be made a party to any litigation commenced by or against Contractor, then Contractor shall proceed and hold' the City harmless [� and he shall pay all costs; expenses and'reasonable attorney's fees. incurred or paid by the City in connection with such litigation. Furthermore, Contractor agrees to pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by City in the enforcement of any of the covenants,, provisions and agreements hereunder. Nothing herein shall require the Contractor to indemnify the City against and hold harmless the City, froth clairiis, demands or suits based solely upon, the conduct of the City, its officers! or employees and provided further that, if claims or suits. are caused by or result from the concurrent negligence of (a) the Contractor's agents or employees and (b) the City; its agents, officers and employees, and involves those actions covered by RCW 4.24.115, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and "enforceable only to the extent of the Contractor's negligence or the negligence of the Contractor's agents or employees. 2 C 1-2009 I Should a court of competent jurisdiction determine that this agreement is subject to RCW J 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or. damages to property caused byor resulting from the coricufient negligence of the contractor and the city, its officers, official's, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act; Title 51 RCW; solely for the purposes of this iridemnifi'cation. This waiver has been mutually negotiated by the parties. The provisions of rl this section shall survive the expiration or termination of this agreement. 6) Any notice from one party to the other party under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by its duly authorized representative of such party. Any such notice as heretofore specified shall be given by personal delivery thereof or by depositing same in the. United States mail,, postage prepaid, certified or registered mail. 7) The Contractor shall commence performance of the Contract no later than 10 calendar days after Contract final execution, and shall complete the full performance of the Contract not later than Sixty (60) working days from the date of'commencement. For each and every working day of delay after the established day of completion, it is hereby stipulated and agreed that the damages to the. City occasioned by said delay will be the sum of per, Section 1-08.9 of Standard Specifications as liquidated damages (and not as a penalty) for each such day, which shall be �I paid by the Contractor to the City. 8) Neither the final certificate of payment not any provision in the Contract nor partial or entire use. of any, installation provided for by this Contract shall relieve the Contractor of liability in respect toany warranties or responsibility for faulty materials or workmanship. The Contractor shall be under the duty to remedy any defect's in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one (1) year from the date of final acceptance of the work, unless a longer period' is specified. The City will give. notice of observed defects as heretofore specified with reasonable promptness after discovery thereof, and Contractor shall be obligated to take immediate steps to correct and remedy any such defect, fault or breach at the sole cost and expense of Contractor. Defective or Unauthorized Work. The City reserves its. right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes; without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City"s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work; the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean. all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost'to complete the Contract work, including any Additional Costs, from any and all amounts due or io become due the Contractor. 3 C 1-2009 01 The Contractor agrees the above one year limitation shall not exclude or diminish the City's rights under any' law to obtain- damages and recover costs resulting from defective and. unauthorized work discovered after one year but prior to the expiration of the legal time period set forth in RCW 4.16.040 limiting actions upon a contract in writing, or liability expressed or implied arising out of a written agreement: Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD" RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 9) The Contractor and each subcontractor, if any, shall submit to the City such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records and miscellaneous data pertaining to the Contract as may be requested by the City from time to time. 10) The. Contractor shall furnish a surety bond or bonds as security for the faithful performance of the Contract, including the payment, of all persons and firms performing labor on the construction project uild'er this Contract or furnishing materials in connection with this Contract; said bond to be in the full amount of the Contract price as specified in Paragraph 12. The surety or sureties on such bond -or bonds must be duly licensed as a surety in the State of Washington. 11) The Contractor shall verify, when submitting, first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Contractor shall require, and provide verification upon request, that all subcontractors participating in a City project possess a current City of Renton business license. The Contractor shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. 12) The total amount of this contract is the sum of $247 327.03 nn n rs Two Hundred Forty Seven Thousand Three Hundred Twenty Seven and 031100 including Washington State Sales Tax. Payments will be made to Contractor as specified in the "Special Provisions" of this Contract. 13) INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the, City being interested only in the results obtained under this Agreement. 1.4) LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT; FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD: 15) Non -Waiver of Breach. The failure of the City, to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option 4 C 1-2009 0 conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 16) Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail; and shall be deemed sufficiently given if sent to the addressee at the, address stated in this Agreement or such other address as may be hereafter specified in writing. 17) Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 18) Modification; No: waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the city and. Contractor. 19) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 20) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the City has caused these presents to be signed. by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above - written. U CONTRA TOR CITY OF RE N l piesOF i ._ ner H. Douglas Thomas, Mayor Denis Law ( !. Vr:-`G"oba ocurement/Operat ' ons Support ATTEST CPCrEta C. Denise Carroll, Contracting Bonnie I. Walton City Clerk t _ ryand Atteting Officer dba Insitiuform Technologies, LLC (� Firm Name check one ❑ Individual ❑ Partnership 0 CoM�xation Incorporated in. Delaware t_ , 19 5 C1-2009 dh (6) Insituform From ► Insituform Technologies Denise Carroll 17988 Edison Chesterfield, MO 63005 To ► John Hobson City of Renton 1055 South Grady Way Renton, WA 98057 425.430.7279 LETTER OF TRANSMITTAL Our Telephone No. 636-530-8064 or 800-325-1159 FAX ► 636-530-8701 dcarroll@insituform .com Date ► 8/28/2012 Job Number No. Attention ► Reference No. Sanitary Sewer Rehab 2012 and Lake Washington Blvd Pipe Rehab WE ARE SENDING TO YOU THE FOLLOWING: x Attached. ❑ Plan(s). ❑ Videotape(s). ❑ Shop Drawing(s). ❑ Change Order(s). ❑ Project Report(s). ❑ Copy of Letter. ❑ Inspection Report(s). ❑ Bid Documents ❑ Prints. ® Contract(s). ❑ Following Items Under Separate Cover Via ❑ Other — NO. OF COPIES DATE NO. OF VOLUMES DESCRIPTION 2 1 Signed contracts, bonds and insurance. REMARKS ► Please have executed contracts returned to me at the above address. Call me if you need any additional information or have any question at 800-325-1159. Thank you and we look forward to working with you on this project. Delivered By ► FReceived By No - Date ► Date ► 06/12/00 DOC ID: COR/FRM-DTM-01 EFF. DATE: 07/01/00 APPROVAL: CO. MGMT. REP. ON FILE ADMINISTRATIVE SERVICES p o `iq'of{� ,� DEPARTMENT 1�0 . M E M O R A N D U M DATE: September 11, 2012 TO: John Hobson, PW/Utility Systems FROM: Sandi Weir, Records Management Specialist SUBJECT: CAG-12-106 — Insituform Technologies, Inc The attached documents have been fully executed and are being returned to you. The City Clerk has retained an original for the file. Thankyou! Attachment RECEIVED SEP 12 2012 CITY OF RENTON UTILITY SYSTEMS