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HomeMy WebLinkAboutINSITUFORM TECHNOLOGIES - 2002-06-03'��+ff CITY OF HUNTINGTON BEACH 2000 Main Street Robert F Director Orange County Clerk -Recorder P, O. Box 238 Santa Ana, CA 92702 P.o.Bax 190 California 92648 Department of Public Works (714) 536-5431 Subject: Notice of Completion for the Huntington Harbour Sewer lining, Phase li; Casa Contract 1174 This is our formal request to record the enclosed original Notice of Completion for the subject project. Please forward a recorded copy to my attention at, City of Huntington Beach, Department of Public Works, 2000 Main Street, P. O. Box 190, Huntington Beach, CA 92648. Enclosed is a self-addressed, stamped envelope for your use. If you have any questions, you can contact me at (714) 536-5423. Sincerely, 5ert A. Martinez nstruction Division Enclosed: Notice of Completion for Insltuform Technologies, Inc., CC-1174 G/Ternplatel Cover Letter for NOC Brockway, Connie To: Martinez, Robert Subject: Insituform CC 1174 Robert, I do not have a Notice of Compleltion or Maintenance Bond or Cert of Compliance so can't sign the Retention Release Payment. Can you adivse. Connie 64_Zs^03 Gjn c G 'IT bi- 0-,J\2j ?z r Caa hr� spf fib- GY oh-11�-�3 co L CITY TREASURER'S OFFICE DATE Review, initial, and route as indicated: Shari L. Freidenrich Carolyn Kowalewski Sherine Barakat Alin.Lmmka LeeAnn Benton wa de Elisabeth Bodine orene is ar s Julie Batt Avis Ryan Jim Slobojan Leon=GiragoEia`n Ethel Torrence Silvia Kathy Vaughan Paul Grassmuck Ronnie Wehselau Corinne Hoffman Gail White Comments: I Please return to Joyce Greene 0 A-4 City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: April 21, 2003 SUBJECT: Retention Release Payment Company Name: Insituform 'technologies, Inc. Address: 5100 E. Second Street City, State and Zip Code: Benicia CA 94510 Phone Number: (707) 747-5888 Business License Number: A214926 Local Address: Same as above Notice of Completion Date: Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1174 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on fi 4�22 jai 77" Date Robert F. Beardsley, Public Works Director certify that there are no outstanding invoices on file. -Z Date ri r Idenrich, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Connie Brockway, City Clerk Reten, Release for CC1174 4/21/2003 10:55 AM CITY OF. dUNTINGTON BEACH REQUEST FOR LEGAL SERVICES . Gail Hutton, City Attorney RLS No. Assn ro `Date Date: Request made by: Telepne: r: , ;;, c Department: 4/17/03 Robert A. Martinez x„5423 _ c: • Public Works ►, t invA INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to disclosure of the 1*1e If for City Council action, desired completion date: i rmation n no n this RLS to all embers. Cit ouncil. Agenda Deadline - Council Meeting 4/24/03 Signature orDepartment Head COMMENTS Please review and approve "As To Form" the attached One Year Maintenance Bond from Insituforrn Technologies, Inc. for the Huntington Harbour Sewer Lining, Phase II Project, CC# 1174, R Attachment; 40p Fo 1. Maintenance Bond, # 929257345, One set caQ�y 2 ADD ARM age to J' C(DP'y Rooting:', ❑ GCH ❑ PDA ❑ LB ❑ SL ❑ JF ❑ ADL' ❑ SF ❑ JM ❑ This Request for Legal Services has -been `assigned to attorney extension His/her secretary is'` , extension Notes :° ..File Name. Date Cornpieted. WP No.:. . . RI A fnr hAnin Rnnd dl17tgn nR Q•nR AAA Bond #929257345 CNA INSURANCE COMPANIES i-I. i= CITY O; MAINTENANCE BOND NUNit"; "``;` r n 1003 MAY 12 A 3; KNOW ALL MEN BY THESE PRESENTS, That we Insituform Technologies, Inc. as Principal, and National Fire insurance Company of Hartford , as Surety, are held and firmly bound unto City of Huntington Beach, CA _ as Obligee, In the penal sum of One Million Four Hundred Ninety -Three Four Hundred Sixteen and 50/100 ($ 1,493,416.50 to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered Into a contract with the City of Huntington Beach, CA dated June 3, 2002 for Huntington Harbour Sewer Project Phase II, Cash Contract No. 1174 WHEREAS, said contract provides that the Principal will furnish a bond conditloned to guarantee for the period of one 1 year(s) after approval of the final estimate on said job, by the owner, against all defects In workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on 3 day of March 2003 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one 1 year(s) from and after March 3, 2003 then this obligation shall be void, otherwise to remain In full force and effect. SIGNED, SEALED AND DATED March 3, 2003 Principal; by Insituform Technologies, In H. Dougla Vic P F ct Surety:Pationa?Fireingurance eompSgPo�0 trd EBB $ort Form G-23210-B Kathleen A. Petchulat Attorney -in -fact CNA APPROVE s To FOR: : �Y/a3/03 ,P? 0eFER MCGRATH, City Atto, ► .thorizing By -Laws and Resolutioo.., ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the fdllOwiqg ByrLaw}duiy adopted by the Board of Directors of the Company. ` "Article IX —Execution of Documen'� Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directt h Phfyy e dent anrany-Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors. may, at any time, revoke all power and authority previously given to any attorney -in -fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors. of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI —Execution of Obligations and Appointment of Attorney -In -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." ', Company Profile Page 1 of 2 Company Profile ira'T t�r�,,,, �.,,. Ii. ,s ; a 1 �., t>E ��;-'j. Cam 2003 IIAY If /p errt sUrrance NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CNA PLAZA 333 S WABASH CHICAGO, IL 60685 800-993-5006 Agent for Service of Process JERE KEPRIOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS-ANGELES, CA 90617 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 20478 roup #: 021 California Company ID #: 0128-9 orized in California: Au , 1884 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY http://cdinswww.insurance.ca.gov/pls/wu_co�rof/idb_ca�rof utl.get_co�rof-p_... 4/22/2003 1003 MAY 12 4 9: jh City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject. Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title her cby certifies that all laborers, mechanics, apprentices, trainees, «•atchmcn and guards employed by him or by any subcontractor perfbrrring work -under the contract on the project have been paid wages at rates not Iess than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. Thanh Vo n • Si��t*.nre grid Title PC UhconI GA,r DECLARIOY OF SATISFACTION OF CLAIMS' `' '' ". AT�tr, 1. I am the general contractor for the City of Huntington Beach, as to the project more fully dcscri�cd in the public works contract entitled and dated Z T 1oZ, 2. An workers and persons employed, all firns supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") — uDKE I declare under penalty of perjury that the foregoing is true and correct. Executed at Fuu.E_RTQna OIL+ - _ on this __� day of c I+%/ sT.At.rr G (Signature f Contractor) g=%whconl STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH REC - DFG 7535a (6-01 ) Lead Agency: it County / State Agency Fili Project Title. Project Applicant Name: CAAAA ta-S _UIt Project Applicant Address: I AY U Project Applicant (check appropriate box). 211662 ' Date: k k -z^�_�16--L- .A� Document No.:A��,r Phone Number: A Local Public Agency a School District ❑ 'd Other Spacial District State Agency ❑ Private Entity CHECK APPLICABLE FEES: { } Environmental Impact Report { } Negative Declaration { } Application Fee Water Diversion (State Water Resources Control Board Only) { } Projects Subject to Certified Regulatory Programs { ) County Administrative Fee (,ect that is exempt from fees �C3 Signature and title of person receiving payme WHITE -PROJECT APPLICANT YELLO4FG!FASB PIN - EADA ENCY $850.00 $ S1,250.00 S $850.00 $ $850.00 $ $25.00 $ RECEIVED $ GOLDENROD -STATE AGENCY OF FILING • • NOTICE OF EXEMPTION To: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, Ca 95814 ■ Orange County Clerk Recorder's Office Public Services Division P.O. Box 238 Santa Ana, CA 92702 From: City of Huntington Beach Community Dev. Department Planning Division 2000 Main St,, 3rd Flr. Huntington Beach, CA 92648 Project Title: HUNTINGTON HARBOUR SEWER PROJECT- PHASE 11; CG1174 Project Location -Specific: Various areas see attached location map Project Location -City: HUNTINGTON BEACH Project Location-County:ORANGE Project Description: Slin lineexistin 8 10 12 and 15 inch diameter sewer lines and rehabiliate existing sewer manholes *Exempt per Govt. Code Section 6103. Public Agency Approving Project: City of Huntington Beach Person or Agency Carrying Out Project: City of Huntington Beach Exempt Status: ❑ Ministerial (Sec. 21080(h)(1); 15268). ❑ Declared Emergency (Sec. 21080(h)(3); 15269(a)). ❑ Emergency Project (Sec. 21080(b)(4); 15269(h)(c)). ■ Categorical Exemption (Class B ; Section 153LI). ❑ Statutory Exemption (State Code Number ❑ Other (Gow. Code Sec. LV Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder !ll�il iil!! lliii ll!!1 iill� 10 liiii 11111111i! IN 1111 101 NO FEE 170 52 Z01 20028500008812:42pm 01128/02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Reasons why the project is exempt: Projects is excmpt because it consists of maintenance to existing facilities, which will not increase capacity. Lead Agency Contact Person: David Webb Telephone: (714) 536-5431 If filed by applicant: 1. Attach certified document of exem i n finding. 2. Has a Notice of Exe A tion b fi e by the Public Agency approving the project? Yes No Signature: Title: City Engineer Date: 01-24-02 ■ Signed by Lead Agency P 0 S T E D ❑ Signed by ApplicantFILED JAN 2 8 2002 JAN 28 ?Hr" GAAYL. A ViLLE,Clark-Recorder By WRY t'=DEPIfTY GARY L. YILLE, Gleric-Recorder gY DEPUTY PAa c .i- %'s [b iR'K AYE. yr 11�AFA5 IN AN 5 TA Ln OCEAN h� Ci NOT TO SCALE AVE \AVE. PROPOSED uN1Nc AREA EDlNCER AVENUE `ems \ WARNER AVENUE HUNTINGTON HARBOUR LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RECEIVED (Name) 7, 0 (Date) CITY CLERK RECEIPT COPY. Return DUPLICATE to Jeffrey Hughes (ext. 6260) after signing/dating A CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for IN511VFOXM ritopoboWl, (Company Name) Faithful Performance Bond No. 17-9 Z5,7 3415 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. fr-1 kX OT �30pdo Na _ Re: Tract No. CC No. 1 1 7 q MSC No. Approved 46-Q3-jx (Council Approval Date) — IZ1251345 Agenda Item No. City Clerk Vault No. 5 IN 600-10 I I 0 gAj ahlbon dietter. doe 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 19, 2002 TO: Insituform Technologies, Inc. ATTENTION: Gerald Addington Name 702 Spirit 40 Park Drive DEPARTMENT: Street Chesterfield, MO 63005 REGARDING: Construction Contract City, State, Zip CC-117 4 See Attached Action Agenda Item E-5 Date of Approval 613102 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: fS Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW x x x x Name Department RCA Agreemeat Insurance other D. Verone DPW x x x x Name Department RCA Agreement Insurance Other S. Freidenrich Treas x x Name Department RCA Ageememt Insurance Other Name Department RCA Agreement Insurance Other C: Mendoza . Risk Mgmt x x Name Department RCA Insurance (Telephone: 714-536-5227 } FEDERALLY FUNDED CONSTRliCTION CONTRACT BETWEEN THE CITY OF HLNTL\TGTON BEACH AND s c. FOR X r cc � THIS AGREEMENT ("Agreement") made and entered into this 3rd day of June 20_JaZ--� by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to �( as "CITY," and / r� is c ...; lam= • hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as H-U "bbaW M9MJ?= GgyF5r, (z in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEy1ENT OF WORK' ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, ail labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of g:karger:sanitation work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred bar. arr . _ conseque'r e. gf tht:,su p son ,9t iscmn tinuanc _o f work, except such as are herein eX�'r "s ly;,sti'�tllat�d _tti rbe=borneylt.C1TY=,hAd fdnweldlarirl,•faithfull; c.c eting the t • —! i 7' � r . J _: V • � e ;`f f t � E `.J' j 1 I ' 1'J/ , • : work within the stipulated time and in them 'er`shown-&f- "dAc1n&d in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS SAND SPECIFICATIONS 'AQ11DR: hcknowledges that it is fully familiar with all the terms, conditions and i fft � 1' ': i'�w`�'��'_.T-_i--� ,.�..�__r._ ..,.. _.. ..�J•- f '�•• y • ��"'• � � �! `' 1��'.� .��+ � iy I =�� •�.: • " •"� � ��� •'• obligations of this Agreement and the Contract Documents Cas : defined below in this Sactiowt),q- e``' ` location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way Y=.., C.. t,![ , .*4-1 ,._ '• �p,..: i 1 ' upon any opinions or representations of CITY. It is agreed that the Contract Documents are ihcorporatedlimo ihi"s -Agraerherit'`q"(tis reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed. upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA g:karger:sanitarion 17 90064, and -a11 `artiendments thereto, wr tt-n by fhee `outhal 1. California chapter of the American Public Works Association and the Southern California District Associated General Contractors of . the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR'Sro'ctsai�s',Jli3h� attacYied hereto" - as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy 1. - between any Plans, Specifications, Special provisions, or Addenda, the matter shall beimmediately submitted by CONTRACTOR to the Department of Public Works of CITY- (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATIQN CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed g:karger:sanitation O1 5 11f TRr,Pj!:- "WAlyPt r KNpRFJ� 2 T, Dollars (S Z as set forth in the IOU Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the 'Notice To Proceed is issued and diligently prosecute the PROJECT to completion within av,- NVOW U*5 K Q - I RN/F- from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a mariner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR g:karger:sanitation agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the '_Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. g:karger:sanitation In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. - Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at - CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of g:karger:sanitation such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, -as liquidated damages and not as a penalty, the sum of FN& MIJVI?E_ Dollars (S per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible,. or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by g:karger:sanitation the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim-tteref'dr, is presented in wntirig ,to.;CITY,-within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. lotice: CON'TRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially_ from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially -from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such 4.f1 conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g:karger:sanitation B. . Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice • required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CON -TRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that g:karger:sanitation satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performanceunder the terms of this Agreement. I6. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with g:karger:sanitation Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDE1MN; IFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY and the ORANGE COUNTY SANITATION DISTRICT (hereinafter "DISTRICT") respectively, their officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY or DISTRICT. CONTRACTOR will conduct all defense at its sole cost and expense and CITY and DISTRICT shall approve selection of CONTRACTOR's counsel. CITY and DISTRICT shall be reimbursed for all costs and attorney's fees incurred by CITY or DISTRICT'in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. g:karger.:sanitation 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY 1NSURANNCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability -insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of standard form commercial or comprehensive general liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of Two Million Dollars (S2,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Five Million Dollars (S5,000,000) for this PROJECT or g:karger:sanitation alternatively, Two Million Dollars ($2,000,000) aggregate separate for this Agreement. This policy shall name CITY and DISTRICT, their officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. g:karger:saneCation CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY and DISTRICT, their officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. - 22. DEFAULT ANC TERNffNATION . _ If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has _ been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in 4 Section 23. 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for g;karger:sanitation value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 % %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS. ESTIMATES AN-D OTHER DOCL7-ViENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 25. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 27. STOP NOTICES,• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to g: karger: sanitation enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the united States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 29. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. g:ltarger;sanitation 30. MMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing g:karger:sanitation contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall -be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's cons entlapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 38. CALIFORN1 1A PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general g:karger:sanitation prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not Iess than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars (S25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 39. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in Califomia Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all g:karger:sanitation reasonable hours, showing. the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor- for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 40. PAYMENT OF TRAVEL AN. D SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 41. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 42. -; PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division a-karger:sanitation of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 43. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 44. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to. the prdVailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 45. DISCRIMINATION, IyIItiORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. g:karger:sanitation 46. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). - CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job_ discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 47. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person g:karger:sanitation employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek'of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. g:karger:sanitation B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal. Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. .. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 50. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 51. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 52. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. g:karger:sanitation The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HU TINGTON BEACH, a municipal InWuform Fschnol�Tii s, Inc., corporation ofthe State ofCalifomia a e_aware rpora � 70Spirit 40 Park Dr. By: Gerald Addington, Vice President P- M n n n .., n At: print name _ 'JI&=(.-�e one) Chairman/Presiden ice AND 0 Denise L. Carroll, Contracting Vat name Mayor ATTEST: City.Clerk 07-11- OZ T --- — - APPROVED AS TO FORM: City Attorney ITS: (circle one) Secretary/Chief Financial AND APPR ED: ontracting and Attesting � � . Director of Public Works REVIEWED AND APPROVED: tv Administrator g:karger:sanitation INSITUFORM TECHNOLOGIES, INC. SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation'). I FURTHER CERTIFY that the Board of Directors of the Corporation has duly appointed the following persons as officers of the Corporation to serve in the capacity indicated: Anthony W. Hooper, Chairman of the Board, President and Chief Executive Officer Carroll W. Slusher, Vice President — North America I FURTHER CERTIFY that the following is a true and correct excerpt from the By-laws of the Corporation: "The officers of the corporation shall be a chairman of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected by or appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and attesting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe." I FURTHER CERTIFY that the President of the Corporation has, pursuant to the above authority, duly appointed (a) Gerald Addington to the position of Vice President -- Project Management, (b) Charles Nance to the position of Vice President — Production, (c) Jerry Gordon to the position of Vice President — Sales & Marketing, (d) H.'DougIas Thomas to the position of Vice President — Project Support and (e) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the foregoing have been fully authorized and empowered by the President of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation tq, perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, activities and work of the Corporation." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, this 8th day of May, 2002. Insituform Technologies, Inc. By: ThomasW. A. Cook Vice President, General Counsel & Secretary LAAppts & Certs%Secy Cert (Dnom1s)050802.doc ;EMIsr' At SECTION C PROPOSAL for the HUNTINGTON HARBOUR SEWER PROJECT PHASE II Within an area bounded by EDINGER AVENUE TO THE NORTH, ALGONQUIN STREET TO THE EAST, WARNER AVENUE TO THE SOUTH AND EDGEWATER STREET TO THE WEST. CASH CONTRACT No. 1174 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COI;NCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 160 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the, unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY w i re t all bids d lns! 5ormefechnologies,�nc. C"t Clieste4ield, MO 63005 will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If a«yarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 Nvorking days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, findBidders Bondin the amount of gen (10%) ar*ffiEfl.- of bid said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: .addenda .Vo. Date Received Bidder' Si nature #1 4/19/02 lnsiluf�rm. Ta', ,: 1009s, fnc. V C, Est 3u1i5 C-z rJM%JJLj%_ L nXIJ Itelp Item, wimunir. E:- xtended ...... ....... N,o,. (2u - wflftOi id:ivord9Amognc ..... -:Unit Price ... ..... 1 1 Mobilization of cquipm-rit & materials lump sum 9 S Per lump sum 2 1 Traffic Control per Specs. ILLMP SUM @ Dollars S-2.000—, S 2,000 Pcr lump sum 3 1 Denwbili=Lion of equipment materials lump sum @ Dollars S 3-01710 S 3-000 Per lure p sum 4 6527 Line 15"pipe per Specs, 00 i.ta, tMA Dollars $ Cents Per I.C. 5 344 Line 12" horqPC Prr Specs. 1. Dollars S 4on S _123,98 /VL4:> Cents Per IS 6 3081 Lille I V host pipe per Specs. Dollars $ no @ Cents Per III 7 29737 Line 811 host OIPC per Specs. rp 1. f. Q Dollars s 7$ s Wz,W& Cents Per Lf. 8 676 Re -open 3 lee lateral per Specs- Dollars S 5i2 M Cents Per ca. 9 102 Grind protruding lateral per Cky rcqtiIrFff=nU. ca. @ C)UA. Dallars S S A& j366 CC"U Per ca. 10 1 kernavc & RcpluecClean-Out per spew. Dollars S24 $ Cear Per tn. 11 1921 Rehabilitate Manhole per Specs VI QA2A!:Lt34 Lb;&_Dollars % I U S u35t'- S 2.,t+ 5,; 05 /VL-D ccnl3 Per v. f I If= Om Amount Bid irt Ftgures: 1. GI &2-1 0- Total Amount Bid in Words: 4naga- 0-0- k wo Al2 4alf Insituform Technologies, InC C-Is (Addendum T) -L JP'.'Q 4u rark Dr. Lesterfield, MO 63005 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work I Name and Address of Subcontractor State License Number Class �►�n --- � 8 2 (p7 Zli G __AG G4 z. &It UAMM - hzQ&.A Au�e '1(&( 39510L. C_ a4> 4 2 ram- V 2. L - a00 -78 -- -7 4-7 wta� �o S�kWCVO zi �3 �^7 9 A L . CA R2&LP By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. lnsitoform Technofogies, lnc. C-3 Ches;er+: iefd, 100 63005 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HUNTINGTON HARBOUR SEWER PROJECT PHASE 11 CC-1174 April 17, 2002 Nonce To All Bidders: Please note the following revision to the Project SpecHlcatiens, and Technical Provisions: PROJECT BID SCHEDULE Remove existing page GIs, and Insert attached page C-Is (Addendum 1) Any deviation from this notlficatlon procedure must be approved by the Engineer. This modification does not change the Engineer's EsUrnate for this project. This is to acknowledge receipt and review of Addendum Numbe one, dated April 17, 2002. Insituform Technologies, Inc. Company Name By Gerald Adding n, Vice�t— Project Management April 19, 2002 Dete All bidders must acknowledge the recelpt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. rMWJ JL14— L JDIJJ 6)k- nJL:JL-P UJUJL:J Ice -E•S-timate. d . ........ . ... ...... .. Extended::;.: W6.: n!" 4i'livords. n :lt:Prlc6 I I Mobilization of cquipnwnt & materials lump sum @ Dollars s _jnoo S mon Per lump sum 2 I Traffic Control per lump SUM j @ 'Dalian s 2,nno S 2,000 Per lump sum 3 — 1 Dernobilization of equipment & =1crials lump sum 6 Dollars S lf)nn s 3,000 Per lump sum 4 6527 Line 15" host pipe per Spent;. Lf Doll2rs 5 S Cents Por I.F. 5 344 Line 12" has L fjpe tier SPtC.S. 1. C Q Dollum S Coats Per IS 6 3081 Linc I a" hait pipe per Specs. 1.f. Qn Dollars 5 $_ Cents Per Lf. 7 29737 Una B" host pipe per Spces_ 1. @ Dalian S S Cents Per IS 8 676 Re -open service lateral per Specs. I ea. Q Dollars S Cents Per ca. 9 102 Grind protruding lateral per City rcquirrnzw3. ca. Q Dollars S S Cow Per ca. 10 1 Rernnwo & Rrplacc Clcan-Out per specs. ea Q Dollars S 16 Cents Per ca. 11 1821 RchalbRitate Manhole per Specs. v,f Qa Dollars S Cents Per VS Total Wmount Bid in Figurcs: S Total Amount Bid in Words; C-Is (Addendurn r) CNA INSURANCE COMPANIES CNA Plaza, Chicago. Illinois 60685 :ire KNOW ALL MEN BY THESE PRESENTS: That we Insituform Technologies, Inc. , Principal, And National Fire Insurance Company of Hartford , Surety,are held and firmly bound unto City of Huntington Beach, CA Obligee, in the sum of Ten percent of the amount of the bid Dollars (10% of amount bid) , for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, principal has submitted or is about to submit a proposal to Obligee on a contract for Huntington Harbour Sewer Project Phase II Cash Contract No, 1174 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed, and dated this 23 G-23054-D CNA Ptw A II du• I.UmsulLinenu; You M.du' day of April , 2002 . Insituform Technologies, Inc. Principal By:4�am /Z/—(Seal) Gerald Addington,Vice Presid nt-Project Manag-�Hlent National Fire Insurance Company of Hartford Surety By: �<MU'QM4^ a _ -- (Seal) Kathleen A. Petchulat, Attorney -in -fact Insituform Techno'ngies. Inc. 702 Spirit dO F�i!R Dr. Chesterfield, N10 63005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N[ ,P_- $"ale o, Missouri Gojni;IJ of St. Louis C1'1 A aril 23, 2002 before me, Deborah M. Jennings DOf AAN[ 11%E: OF OFFICER. E G 'JANE DOE. NCI^Llr PUBS:C- perS4•ral`v appeared Kathleen A. Petchulat Attornev in fact of National Fire Insurance Comnanv of N-vEcs-o, Harford �I persor.a1ty knov.,ri to rIe - OR - ' proved to me or: the basis of satisfactory evidence to be the persons) :hose name(s) is/are subscribed to the r: ithin instrument and ac- knovr!edaed to me that he' 'she ihev executed the same in nis;heritheir authorized capacily'ies), and that by "Iislherltheir sionature(s) on the instrument the person(s), cr tre en„iv _:Pon: behalf of whic`: the .erson(s) acted. executed the instrument. DEBORAH M. JENNINGS Notary Public — Notary Seal State of Missouri City of St. Louis My Commission Exp. 07/13/2002 OPTIONAL -' hvUC" :ne da:a �eiov. :S no::e^:J:.'ec b% law. . ^at prove :a-:,at�.e 1C reiy.nC Or ;.'IE tlOtuTert and could preven! ;rau Via" ac lm2r; C' 1`'::S I0rrn CAPACITY CLAIMED BY SIGNER Ir%QlVIDUAL COnPO•iATE 0=r'!,C=_R n1LEIS1 r�,�.TrJcRiG? i �SrAl-ED G GENERA; T; 'JSTEEIs' GUARDAN!CONSEAVATOR 07HER: SIGNER IS REPRESENTING: NAME O� PERSON;S Or, National Eire Insurance Corn mlv of Hartford DESCRIPTION OF ATTACHED DOCUMENT Aid Bond TITLE OR TYPE OF DOCUMENT I page bond__ NU DER OF PAGES April 23, 2002 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAIAED ABOVE 0199i NA710NA- r.p7Anv ASSCciA. Ir�N • 6236 Fe•r:.•ne. Ave., P_C 130K 7164 - Canopa Park. CA 9'309.7164 lnsitf�form Technologies, Inc. 702 Spirt 40 Perk Dr, Chesterfield, MO 63005 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Stephen E. Ricci, Thomas C. Ricci, Jr., Kathleen A. Petchulat, Kathleen M. Hoffard, Individual) of Creve Coeur, Missouri their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of simitar nature — In Unlimited Amounts --- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this .19th day of March, 2002. wcr` jPD*-4NEAL Y 18g7 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 19th day of March, 2002, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' , DIANE FAULKNER Notary Public, State of III in'it My Commission Expires 4/17105 My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed onthe4vagie hereof is sti I force -In testimony whereof I havA hereunto subscribed my name and affixed the seal of the said corporations this day of a'o►►sW� tltSuq� Continental Casualty Company pors►orurr �seWT National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Qv SEAL V.Cis 1902 � Vogl t1A (Rev. 10111 /01) Mary A. Ribikawskis Assistant Secretary Iflsituform Tecil f):;)�les. Inc. 7.12 it . r Chesterfiefd, fifty 63065 Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX --Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article W—aecutlon of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set'forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following _Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seat of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary,and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Missouri - County of St. Louis On April 23, 2002 beforeme. Denise L. Carroll DLTr N&WE TITLE OF OCFICEA • E G.'-S•ME DOE. NOTwA% PUBLIC' personally appeared Gerald Add.irt_gton, Vice President -Project Managme ® personally knov,m to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed io the within instrument and ac- knowledged to me that he/she/they executed i the same in histher/their authorized �`SeL.CA,gq�`;�a�ttltlt+rrlrll�gf capacity(ies), and that by his/her/their �q�.��sstoNF�A�l�% signatures) on the instrument the person(s), or the entity upon behalf of which the Dersoxrf"s) acted, executed the instrument. 5 - NOTARY SEAL ,A �i�9` ��de5�e.• .`�5`� OPTIONAL Though the data Below 1s not required By lam'. I,. may prove valuable to persons relv+ng on the document and could prevent fraudulent rearachmen; of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL DESCRIPTION OF ATTACHED DOCUMENT {� CORPORATE OFFICER 1 id Bond Vice President —Project Management TITLE OR TYPE OF DOCUMENT 71TLEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL L ATTORNEY -IN -FACT ❑ TRUSTEE($) ❑ GUARDIANICONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAME Of KPSQNlS) DA EbrTMlrE51 Insituform Technologies, Inc. 1 page bond NUMBER OF PAGES A DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 N7.TtONAL NOTARY ASSOCIATION - 02 Rommel Ave.. P.O.00Y 7184 - Canopa Park. CA 91308-718dL �tslt�fa,m gies, Inc. BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selectiom): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of �j nn 1968; or 1 �l Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Insituform Technologies, Inc. Contact Person: Gerald Addington Contact Phone: 636-530-8000 Signed: C Date: Gera;Vifjytc�bopce P esident--Project Management *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section = of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in dis ualification. Insittiform Technologies, Inc. 702 Spirit 40 Park Cyr. Chesterfield, MO 6305 C- 12 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of9#%"7A 1ssouri ss. County of ®fa St. Louis Gerald Addington , being first duly sworn, deposes and say that he or she is Vice President —Project anageenisituform Technologies ,TnemS,eparty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this 23 NOTARY PUBLIC Insituform Technologies,Inc. Name of Bidder / � a�'� I/ Signature of Bidder Gerald Addington,Vice President -Project 702 Spirit 40 Park Drive Management Chesterfield, MO 63005 enise L. Carroll Address of Bidder day of April 2002 oS ,,a��tirmrrrrrr / Q0 �MisS�oy. 0l�'% Yc,Q��4erS�A9.� •�o� n NOTARY SEAL C4 �11SIt.�i;�,' . r ��, ^_�/ZIC �!1 t� II 3v UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON HARBOUR SEWER PROJECT PHASE 11; CC- 1174, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title S, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: April 23, 2002 Insituform Technologies, Inc. Contractor By Gerald Addington Vice President -Project Manageme t Title Insituform Technologies. Inc. 702 Spirit 40 Park Dr. Eiiesterfieid, 1110 63005 C-5 DISQUALIFICATION QUESTIONNAIRE+ In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 0 No If the answer is yes, explain the circumstances in the space provided. N/A Insituform 7echndo ies. Inc. 702 Spirit 40 Park Dr. Chesterfield, MO 63005 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: April 23, 2002 Insituform Technologies, Inc. Contractor — /Szl'e-� a3le�= By Gerald Addington Vice President -Project Management Title Insituform Technologies, Inc. 702 Spirit 40 Park Dr. Chesterfield, MO 63005 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by -the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216i4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dag Alert Identification Number: Contractor Title Date: Insitufor,P Terhno!uTies. Inc. 702 Spirit 4iC Prk Dr. Chesterfield. MO 630D5 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms ,nay he obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Insituform Technologies, Inc. Bidder Name Local Address : 5100 East 2nd Stree 702 Spirit 40 Park Drive, Benicia, CA 94510 Business Address Chesterfield City, MO 63005 State Zip ( 636 ) 530-8000 Local phone 707-747-5888 Telephone Number #758411 Class"A" State Contractor's License No. and Class 1/26/99 Original Date Issued 1 31 03 Expiration Date The work site was inspected by Wayne Thomas of our office on April 18 , 200 2. The following are persons, firms, and corporations having a principal interest in this proposal: lnsituform Technologies, Inc. 702 Spirit 40 Park, Dr. Chesterfield, MO 63006 C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Insituform Technologies, Inc. Company Name Signature of Bidder Cpral,9 Adding -on, Vice President -Project Management Printed or Typed Signature Subscribed and sworn to before me this 23 day of Apri 1 , 200 2 . L ��� � � • a,M15510N� •. Y ���i NOTARY PUBLIC , r�araarsEtL : - enase L, Carroll NO •��`.��� Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Sanitary Dist. No. 2 Corte Madera 300 Tamalpais Dr., -Corte Madera, CA Name and Address of Public Agency 94925 Name and Telephone No. of Project Manager: Dav i d Bracken (415) 927-8801 $198,750 CIPP Installation Jun-01 Contract Amount Type of Work Date Completed 2. Unified Sewerage Agency 155 N. First St., Hillsboro, OR 97124 Name and .address of Public Agency Name and Telephone No. of Project Manager: Steve Lampert (503) 846-3630 $1,088,726 CIPP Installation Oct-00 Contract Amount Type of Work Date Completed 3. City ofArcata 736 F Street, Arcata, CA 95521 Name and Address of Public Agency Name and Telephone No. of Project Manager: Doby Class (707) 825-2173 $1,200,000 CIPP Installation Sep-00 Contract Amount Type of Work - Date Completed SEE ATTACHED LIST FOR C-10 ADDITIONAL EXPERIENCE Insituform Technologies, Inc. 702 Spirit 40 Pi k. ter. Chosterfield, NIO 63005 1n9itufiom' Technologies, Inc. STATEMENT OF EXPERIENCE (PARTIAL LIST) Protect Contract Amount Date Completed Owner Name OwnerAddress Contact Person Phone Number Pipe Diameters Lineal Feet of CIPP Installed Liner Manufacturer I&1 Sewer Main Fhnfmir 2000 $198,750 0o Jun-0I Sanitary Dist No 2 of Core Madera. CA 300 Tamafpais Drve, Carte Madera, CA 949P25 David Bracken 415-927-BWI 61 - 10' 6.574 Imitufom Tor hrxlkigies, Inc. 1998 Annual CIPP Contract Mny-01 City el Seahfo. WA 710 Second Avenue, Seame, WA 98104 Kathy Renee 20fr61&-1709 8' - 39 24.663 Irsdulom Tecivoologies, Inc Boeing Field Earth Quake Repairs S494,621.00 May-01 King County Intl Airport, Boeing Field. WA 7233 Penmeler Rd. S.. Seattle. WA 98108 Rick Renaud 206-296-7427 6' - 12' 5.049 Insitutom Technologies. Inc EC Repair Base Sanitary Sewers. Phase 2 & 3 $2,318.910 93 May-01 M:Ghord Air Forte Base, WA P.O Box 417B. M:Chord AFB, WA 98438-01 r8 Sgl Bergam:n 253-982-2532 6' - 1W 40.946 Imilulorm TcxtuxAogios, Inc Sewer Rehabilitation fix Downtown $230,000.00 M3r.01 City of Casa Grando. AZ 510 L. Florence Btvd., Casa Grande, AZ 85222 Robert Jac3mon 52&421.86W a' 5.750 Imitufom Technologies. Inc Small Diameter Rehabilitation Project Mar-01 City of Phoenix, AZ 200 West Washington St. Phoenix, AZ 85003 Blaine Relxnson 602-262-4709 8' & 12' 150.000 Insdutorm lechnolcxlios, Inc Peach Ave"Lettemidn Park Sewer Improve Dec -OD City of Clovis, CA 1033 Filth Street. Clovis. CA 936t2 Tim &arker 559 297.2356 1 12' 1.401 Insilulorm Tontirialugies. Inc 2000 WVPA Sower Rehabilitation $2d4.ty669 Nov400 Crty cA Issaquah, WA F O Box 1307, I.aalquah, WA 960?7 Fany Nguyen 425-837-3437 a, 6.116 Ins'rulom Technologies. Inc Year 2000 Sewer Pipe Rehabilitation S1,088,726.64 OLI-00 Unified Sewerage Agony. OR 155 N First St. Suile 270. Hillsixiro, OR 97124 Stove Lampert 503-046 3&i0 6' 12' 12.477 Insitufonn Tcrhnololpes, Inc. City Wide Sewer Maim Rehabd,tahon Pnited S1,200,000 00 Sep-00 City el Arcata. CA 736 F Street, Arcata, CA 95521 Doby Class 7071i25-2173 6' - 21' 23.406 Irsitulom TWindLXpes, Inc L.ornmon Valoy - Horizon Hills Sewer Rehab Sep-00 Washoe County, NV 7930 Energy Way, Reno. NV 1151bW Juan Esparta 775-954-4600 6- & 8' 1 3,767 Insitulom 1 connokigios, Inc. Grant Street Sand ay Server Luring Aug -CO Cily of Ca%Lofla, CA 123P Washironin Street, Caksioga. CA 94515 Jahn Draper 707-942-2600 8' 771 Insitulom Toarakl0ies. Inc Sanitary Pipe L.in:rig - 2000 5146.970.00 Aurl 00 City of Moscow, tD P O Box 9203. Moticow. ID 83843 Dean Weyer, 208-883-7030 8' & 10, 3,605 trsitu!om —1 edviiAoyieS. Inc Srmll Diameter Rehabilitation Pruteci Jim-00 City of Glendale, AZ 6829 N. 581h Drive. Glendale, AZ 85301 Glen Campton 623-9.'43-3633 8' 7.000 Insitulum Tee3tnulugies. Inc; 2000 Sewer Rehabi6Latim Protest S313,779 69 Jun-W City of Lewiston, I❑ P.O Box 617, Lewiston. ID W501 Mem;t Ounkn 20B-74&1316 8' 9.192 lrsdtAerrn Todrxllcrgios. Inc Hoviard Vellum Park Sanitary Sewer Rehab S157,656.6C• Aar-00 Tektronix. Beaverton. OR f O Box 500. Beaverun, OR 97077 Mil Benerfirt SM-EL27 24aa a, 18' 4.070 lnsaufom Tcrhnol ies. Inc Cured In Place Pipe liehab 2000 Mar-00 City al Sacramento. CA 1395 - 35th Avenue, Sacramento, CA 95a22 Brett Grant 916-264-1413 V - 15- 6.191 Ins:tuform Twtinel ies, inc EC Repair Base FW .nry Sowers. Phaso 1 S972.567 79 Mar-00 McChunl Air Fore fuse, WA P O Box 4178, McChord AFP., WA 98438-0178 W. Beryamin 253-962.2532 6' - 15' 18.017 InsAuform Terhnrilogies. Inc Pima County Smell Diameter AcUliorial Work Mar-00 Puree Cnurdy, AZ 201 N. Stono Ave.. Tureen. AZ 85701 Judy Linrxiln 520.740-2651 8' 2,000 Insitufann Tedinulug3es. Inc Newton Creek Basin Sewer Lining Project Feb-W Roseburg Urban Sanitary Authority, OR i' O Box I186, Roseburg. OR 97470 Ronald fhdnMS 541-672-1551 8' & 18' 1.548 Imituform Techn aches, Inc South Natomas SDwershed Rehab Pmlect Jan-00 County San Dist 1 M Sacramento County, C 827 Seventh St , Sarmmen:n, CA %814 Chnstoph Dobson 91"16-7123 6-- 15- 3.411 Insrutom Teu'rxAogies, Inc. Wastewater Collection System Improvements Dec-99 City of Depoe Bay, OR 510 SE Shell, Depoxl Bay. OR 97341 Terry Owings 541-765-7361 A' 3.968 Insauform Technologies, Inc 19t Sewer Main Repair, Protect No 99-201 fle6-99 Sawary Dist No 2 cd Cone Madam, CA 9W Tama'pals Dave, Cane Madera, CA 94IY25 David Bracken 415-927-8801 6'- t2' 5.796 Imearform Teamdanpies, Inc. 1999 Sewer Line Rehab. Project 8 951 5 Au0 99 City of Incline Village, NV 893 Southwood Blvd., Incline Village, NV 89451 Rill Quesnel 702-832-1967 f:' - 18 3.625 Insaufom Teamlogies. Inc Sewer Improvement Pro loct Aug-99 10ty of Kalispell, MT P O Box 1997, Kalispell, MT 59000-1997 Fred Zavainy 406-758-7700 10' & 15' 2.210 Insilufann Techncilogies, Inc. Sierra Vista Small Diameter Rehahilitation Jul 99 City of Sierra Vista, AZ 1224 North Ave. Sierra Vista. AZ 85635 Many Havory 520 4fi8-5175 a' 12.500 Irsitulom TeChixilogies. Inc Lining 8' Sam-tary Sewer Force Main Jun-99 City et Millbrae. CA 621 Magnelia Ave.. Millbrae. CA 94030 ,Dino Campdgna 650-2b9-2374 B- 1,835 Insifulom Technulollies. Inc Emergency Repair el Sewer Near City Hal Jur�99 City (if Mountlake Terrace. WA 29".-58th Ave W. Mountlake Terrace, WA 980 Greg Reed 425-77&1161 6' & 8' 1,219 Imitulom i erhnologies. Inc 1997 Sanitary Sewer Main Rehabilitation Aug-98 City al Renton. WA 200 Mill Ave Snub, Renton, WA 98055 Mike Berxxl 425-;W-6206 8' 5.545 Irsitulorm latinelogies. Inc Downtown Sarver Rehabilitation Jun-9 B City nl Hines, OR 1101 East &arras, Hines. OR 91138 Bob Sands 541-573-2251 8' - 12' 1.993 Insitulom Technnlogios. Inc 1998 WPA Sevier RahabiElation Jun-98 City el Issaquah, WA lCily P.O Box 1307, Issaquah, WA 980227 Tony Nguyen, 425-837-3437 8' 2,464 Irstlutorm Tec nolotyes. Inc Pftme I Wastewater System Irtprriwments - 1998 Jun-90 ul Nyssa. OR 14 S 3rd Street, Nyssa, OR 97913 Scott Nebaker 1 541-372 2264 B' & 10' 1.936 Insdufam Tcrhnolrigres, Inc 379,045 INSITUFORM TECHNOLOGIES, INC. SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation"). I FURTHER CERTIFY that the Board of Directors of the Corporation has duly appointed the following persons as officers of the Corporation to serve in the capacity indicated: Anthony W. Hooper, Chairman of the Board, President and Chief Executive Officer Carroll W. Slusher, Vice President — North America I FURTHER CERTIFY that the following is a true and correct excerpt from the By-laws of the Corporation: "The officers of the corporation shall be a chairman of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected by or appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and attesting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe." I FURTHER CERTIFY that the President of the Corporation has, pursuant to the above authority, duly appointed (a) Gerald Addington to the position of Vice President — Project Management, (b) Charles Nance to the position of Vice President -- Production, (c) Jerry Gordon to the position of Vice President — Sales & Marketing, and (d) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the foregoing have been fully authorized and empowered by the President of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, activities and work of the Corporation." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, this 29th day of November, 2001. Insituform Technologies, Inc. By: � Thomas A. A. Coo Vice President, General Counsel & Secretary LAAppts & Certs\Secy Cert (DCarroll)11270 Ldoc � Insituform Technologies, Inc. LEGAL NAME OF CORPORATION: Insituform Technologies, Inc. INCORPORATED UNDER THE LAWS OF: PRESIDENT & CEO: State of Delaware." Anthony Hooper 702 Spirit 40 Park Drive Chesterfield, MO 63005 VICE PRESIDENT, CFO(NO TREASURER): Joseph White 702 Spirit 40 Park Drive Chesterfield, MO 63005 VICE PRESIDENT, GENERAL COUNSEL, & SECRETARY: AREA VICE PRESIDENT: Thomas A.A. Cook 702 Spirit 40 Park Drive Chesterfield, MO 63005 David W. Smith 5100 E. Second Street P.O. Box 519 Benicia, CA 94510 The following information must be returned with the bid Bidder's name: -M-Di !Offf Zt+lJ )W6t0-5 Bidder's address: t 5 AANvi L, 7" cac -70 Phone number: 6Eeo,?aggc . oho Fax number: (S6'2-- Attach a letter to this sheet from the manufacturer stating: 1. The installer listed above is factory licensed and trained. 2. SDR thickness supplied (minimum thickness SDR 35) 3. Have the ability and will supply the necessary amount of material within the j construction time frame. List of three certified laboratories that can perform the required ASTM testing. Laboratory number 1: Name: Address: l 41 Q4 46R AVE., 4k Telephone number: 2-4. Contact person: &?_O IA a—M AC4ETX_ Laboratory number 2: Name: CQ L442 5 Address: 2-) Le IF Telephone number: 2- 77 2- 72.31 Contact person: 72 % ML 6&?A _ Laboratory number 3: Name: SEa� t • `� 1�Tr1�fTt t.P _ Address: Telephone number: 6e G Q Q Contact person: eoCz. C-1 > CITY OF HUNTINGTON BEACH HUNTINGTON HARBOUR SEWER PROJECT PHASE II CASH CONTRACT NO.1174 To Whom It May Concern: Insituform Technologies, Inc. will supply pipe thickness (minimum thickness SDR 35), and will supply the necessary amount of material within the construction time frame. Signature Gerald Addington Vice President -Project Manage ent Title April 23, 2002 Date Insituform Technclogies. Inc. 702 Spirit 40 Park Cir. Chesterfield, mo 630-05 Insituform Teehnologi , Iric To Whom It May Concern: Worldwide Pipeline 702 Spirit 40 Park Drive Tel: (636) 530-8000 Rehabilitation Chesterfield, MO 63005 Fax: (636) 519-8010 www.insituf0rm.com CERTIFICATE This is to certify that Insituform Technologies, Inc. is authorized to install Insituform and NuPipe products, supplied by Insituform Technologies, Inc. If you have any questions, please feel free to contact us directly. Sincerely, INSITUFORM TECHNOLOGIES, INC. W ��c C/1 . Joseph A. White Vice President and Chief Financial Officer JAW:Ij STATE OF MISSOURI COUNTY OF ST. LOUIS Subscribed and sworn to before me this 8th day of February in the year 2002. \WW1" RA JQIyrr�'��iii AWA-11�-Y� Notary Public* er S : NOTARY BFAL !s • HAUSER° November 17, 1999 Test Report No. E9-0544 Pagel of 4 CLIENT: Insituform Technologies, Inc. 17999 Edison Avenue Chesterfield, MO 63005-3700 Attn: Greg Hunt RE: PO R-05508 MATERIAL: Thirty-five individual composite specimens approximately 8 inches x 1/2 inch x 0.235 inches were submitted and identified as Insituform® 102TA Composite Samples. TESTING: Chemical Resistance testing was conducted in accordance with ASTM D5813-95, paragraph 6.4.1. The specimens were immersed in the solutions shown. in the table below for 368 days. At the end of the exposure,. the specimens were removed and tested for flexural properties in accordance with ASTM D790-98, Procedure A using a span to depth ratio of at least 16:1. In addition, one set of "Control' specimens were exposed to approximately 500/0 Relative Humidity and 230C for the 368 day period. Chemical Solution Concentration Nitric acid I Sulfuric acid 5 ASTM Fuel C 100 Vegetable oil 100 Detergent 0.1 Soap 0.1 RESULTS: The results are summarized in Table 1 as the percentage retention of flexural modulus and flexural strength after the one-year immersion. All values exceeded the ASTM D5813 requirements of at least 80% retention of flexural modulus after one-year immersion in all solutions. Detailed values are presented in Table 2. TESTING SUPERVISED BY: ie Krause -Singh Section Manager TESTING CONDUCTED BY: Dale J. Beasle Technician H Th.s report apples only io We sample, or samples. investigated and is not necessarily indi=ive of the quality or condition of apparently identical or similar products. As a mutual protection to clients, the public and these Laboratories, this report is submitted and accepted to., the exclusive use of the client to whom it is addressed and upon the condition that it is not to be used. in whole or in part. in any advertising or publicity matter without prior written authorization from Hauser Laboratories. This report may be copied only in its entirety. Ine tl Form Technologit=s. 1,1c. Hauser Laboratories - 4750 Nautilus Ct. So. - Boulder. CO 80301-3240 - www.hauJr.Cb11� rli2 Srirtt 41, Fork Dr. .% - Ph: (800) 241-2322 - Ph: (303) 581-0079 9 FAX: (303) 581-0195C11eSter. eILd, 11f� 630� .5 �� November 17, 1999 Test Report No. E9-0544 Page 2 of 4 TABLE 1 SUMMARY OF FLEXURAL TEST RESULTS Solution Average Retention of Flexural Strength Average Retention of Flexural Modulus Nitric acid 87 94 Sulfuric acid 87 98 ASTM Fuel C 90 100 Vegetable oil 87 101 Daggent 85 85 SON 88 x 88 ASTM D5813 Requirement 80 minimum Insituforrrn Techno:o;jes. 1U. 702 Sa A 40 Pwa ". r`. Cheste!lield, [-10 53065 November 17, 1999 Test ReportNo. E9-0544 Page 3 of 4 TABLE 2 DETAILED FLEXURAL PROPERTIES Specimen No. Maximum Flexural Strength Flexural Modulus Tan ent Value % Retention Value % Retention 51 % si % Control 1 6860 746000 2 6970 722000 3 7450 718000 4 8630 733000 5 8560 792000 Average 7690 100 742000 100 Std, Dev. 850 29700 Nitric Acid Ex osure 1 6610 676000 2 6810 721000 3 6670 725000 4 6650 660000 5 6620 716000 Average 6670 87 700000 94 Std. Dev. 80 29600 Sulfuric Acid Exposure 1 6710 672000 2 6540 711000 3 6530 768000 4 6400 730000 5 7140 758000 Average 6670 87 728000 98 Std. Dev. 290 38500 ASTM Fuel C Exposure 1 6650 734000 2 6450 751000 3 7310 701000 4 7000 790000 5 7300 ---- Avera a 6940 90 744000 100, Std. Dev. 390 37000,,,r �1`rcaCetit�.ciu, November 17, 1999 Test Report No. E9-0544 Page 4 of 4 TABLE 2 CONTINUED Specimen No. Maximum Flexural Strength Flexural Modulus (Tangent) Value % Retention Value % Retention Sl flea Si Ve Stable Oil Exposure 1 7320 726000 2 6230 748000 3 6760 769000 4 6420- 735000 5 6560 787000 Average 6660 87 753000 101 Std. Dev. 420 1 1 24§00 1 7110 605000 2 6160 634000 3 6630 650000 4 5760 623000 5 7030 652000 Average 6540 85 633000 85 Std. Dev. 570 19400 1 6110 618000 2 6860 647000 3 6930 688000 4 6780 658000 5 7270 657000 Average 6790 88 654000 88 Std. Dev. 420 25000 �C12�t�tiflgltl. �,� 9111 SHANNON &WILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS 6GSTO�J April 17, 2002 Mr. Eugene Zaltsman Insituform Technologies, Inc. 18079 Edison Avenue Chesterfield, Missouri 63005 INSITUFORM CIPP DESIGN CITY OF HUNTINGTON BEACH HUNTINGTON HARBOUR SEWER PROJECT PHASE II HUNTINGTON BEACH, CALIFORNIA Dear Mr. Zaltsman: As requested, we have reviewed your calculations for the design of the Insituform CIPP for the City of Huntington Beach, Huntington Harbour Sewer Project Phase II in Huntington Beach, California. Our review is based on the following documents that Insituform provided to us: • Pages E-15 and E-16 of the project specifications, titled, "City of Huntington Beach, Huntington Harbour Sewer Project Phase II, Cash Contract No. 1174." • ASTM F1216, Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of Resin Impregnated Tube. • Insituform Engineering Design Guide, Insituform Technologies, Inc. • Insituform pipe design input values and calculated thicknesses prepared by Insituform for the subject project. The design is performed incorporating the parameter values presented in Table 1. We have reviewed your calculations, and in our opinion the minimum design thicknesses presented in Table 2 meet the requirements set forth in ASTM F1216 and the project specifications for the assumed conditions. The CIPP thicknesses were calculated using the Modified AWWA Formula, which uses maximum groundwater and soil depths measured above the crown of the pipe to be rehabilitated. We recommend that design assumptions be checked in the field during construction and that if any discrepancies are noted, we be notified, so that we can recommend a modification to the design if necessary. 2043 WESTPORT CENTER DRIVE a 1-1-35355-0I9 SAINT LOUIS, MISSOURI 63146.3564 314.392•0050 FAX 314.392•0051. Mr. Eugene Zaltsman SHANNON 8WILSON, INC. April 17, 2002 Page 2 Table 1: CIPP Design Parameter Values Design Parameter Value Flexural Modulus (short-term) 400,000 psi Flexural Modulus (long-term) 200,000 psi Flexural Strength 4,000 psi Safety Factor 2 Ovality 2 percent Soil Modulus 1000 psi Soil Density 120 2cf Truck Load (AASHTO HS20) 16,000 ibs Table 2: Results of CIPP Calculations Pipe Diameter Depth of Cover (to crown of pipe) Depth of Water (to invert) Minimum Design Thickness 8 in. 19.0 ft. 16.0 ft. 0.18 in. (4.6 mm) 10 in. 14.0 ft. 8.0 ft. 0.19 in. (4.8 mm) 12 in. 14.0 ft. 8.0 ft. 0.22 in. (5.7 mm) 15 in. 14.0 ft. 8.0 ft. 0.27 in. (7.0 mm) We have appreciated the opportunity to be of service to you on this project. Please call with any questions. Very truly yours, SHANNON & WILSON, INC. Amand Ge sziian'l, r , G Cz r. v -2 12131 /el cForrcHNNt `4- Ch gTbcp1mr It. , E. Vice Pr AJP:RAG:RHF/jlr 41-1-35355-019 <><><><><><>c> INSITUFORM® CIPP DESIGN (as per ASTM F1216) Client: City of Huntington Beach 04110/02 Project: Huntington Harbour Sewer Project, Phase II Location: Huntington Beach, CA Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 400,000 psi Flexural Modulus 50 % Flexural Modulus Retention to Account for Long-term Effects 4,000 psi Flexural Strength 2.0 Safety Factor for External Loads 8.00 inches Mean Diameter 7.84 inches Minimum Diameter 2.0 % Ovallty 16.00 feet Maximum External Water Head to Invert 19.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 19.3 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (includes 1.05 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includes 0.00 psi RR surcharge) Thickness Limitations ( inches ) 0.1000 Maximum compressive hoop stress 0.1379 External pressure buckling 0.1126 Minimum stiffness limitation, deteriorated conduit 0.1821 External pressure, deteriorated conduit (AWWA) Minimum Donlan Thickness 0.18 inches 4.6 mm DR = 43.9 Mode of Failure : External pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.17% (Spangler) Based on Trench Width of 2.25 feet 0.7 meter The input data for this project should be verified in the field prior to construction. Should other conditions exist now or are expected to change over the design life of this Insituform CIPP then appropriate adjustments must be made to the design calculations. Designed by Checked by INSITUFORM® CIPP DESIGN <![]K!K>K>K]K> (as per ASTIIA F1216) Client: City of Huntington Beach 04/10/02 Project: Huntington Harbour Sewer Project, Phase it Location: Huntington Beach, CA Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 400,000 psi Flexural Modulus 50 % Flexural Modulus Retention to Account for Long-term Effects 4,000 psi Flexural Strength 2.0 Safety Factor for External Loads 10.00 inches Mean Diameter 9.80 inches Minimum Diameter 2.0 % Ovelity 8.00 feet Maximum External Water Head to Invert 14.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 14.0 psi Total Earth Loading 16,000 lbs Live load per AASHTO (includes 1.23 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,OOOlbs per axle or 320,OOOlbs per truck) (includes 0.00 psi RR surcharge) Thickness Limitations (inches) 0.1000 Maximum compressive hoop stress 0.1373 External pressure buckling 0.1408 Minimum stiffness limitation, deteriorated conduit 0.1879 External pressure, deteriorated conduit (AWWA) Minimum IDeslan Thickness = 0.19 Inches = 4.8 mm DR W 53.2 Mode of Failure: Extemal pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.18% (Spangler) Based on Trench Width of 2.5 feet 0.8 meter The input data for this project should be verified in the field prior to construction. Should other conditions exist now or are expected to change over the design life of this Insituform CIPP then appropriate adjustments must be made to the design calculations. /= Z Designed by Checked by <a<a<a<a<a<a<a INSITUFORMO CIPP DESIGN <><><><><><a<> (as per ASTM F1216) Client: City of Huntington Beach 04/10/02 Project: Huntington Harbour Sewer Project, Phase 11 Location: Huntington Beach, CA Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 400,000 psi Flexural Modulus 50 % Flexural Modulus Retention to Account for Long-term Effects 4,000 psi Flexural Strength 2.0 Safety Factor for External Loads 12.00 inches Mean Diameter 11.76 inches Minimum Diameter 2.0 % Ovality 8.00 feet Maximum Extemal Water Head to Invert 14.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 13.8 psi Total Earth Loading 16,000 lbs Live load per AASHTO (includes 1.03 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includes 0.00 psi RR surcharge) Thickness Limitations ( inches ) 0.1000 Maximum compressive hoop stress 0.1647 External pressure buckling 0.1669 Minimum stiffness limitation, deteriorated conduit 0.2227 External pressure, deteriorated conduit (AWWA) Minimum Desigl] Jbirkriess 0.22 Inches = 5.7 mm DR = 63.9 Mode of Failure: Extemal pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.15% (Spangler) Based on Trench Width of 2.5 feet 0.8 meter The input data for this project should be verified in the field prior to construction. Should other conditions exist now or are expected to change over the design life of this Insituform CIPP then appropriate adjustments must be made to the design calculations. Designed by Checked by <><><><><><><> INSITUFORM® CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: City of Huntington Beach 04/10/02 Project: Huntington harbour Sewer Project, Phase 11 Location: Huntington Beach, CA Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 400,000 psi Flexural Modulus 50 % Flexural Modulus Retention to Account for Long-term Effects 4,000 psi Flexural Strength 2.0 Safety Factor for External Loads 15.00 inches Mean Diameter 14.70 inches Minimum Diameter 2.0 % Ovality 8.00 feet Maximum External Water Head to Invert 14.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 13.6 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (includes 0.82 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,0001bs per truck) (includes 0.00 psi RR surcharge) Thickness Limitations (inches) 0.1028 Maximum compressive hoop stress 0.2059 External pressure buckling 0.2112 Minimum stiffness limitation, deteriorated conduit 0.2744 External pressure, deteriorated conduit (AWWA) Minimum Desian Thickness 0.27 Inches - 7.0 mm DR 64.7 Mode of Failure: External pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.31% (Spangler) Based on Trench Width of 3.5 feet 1.1 meter The input data for this project should be verified in the field prior to construction. Should other conditions exist now or are expected to change over the design life of this Insituform CIPP then appropriate adjustments must be made to the design calculations. Designed by Checked by ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID s DATEjMMIDDIYYI NSTE02 P1 07/02/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies/St. Louis C� �}�[ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Cityplace Drive Suite 160 lX";`�' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63141 yAM1'l Phone:314-432-0500 IN 600-_ o INSURED In ituform Technologies, Inc. 70 Spirit 40 Park Drive Chesterfield MO 63005 COVERAGES INSURERS AFFORDING COVERAGE I INSURERA: Liberty- Mutual Insurance Co. INSURERB: American Home Assurance INSURER C: INSURER 0 INSURER E # 4 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN TYPE OF INSURANCE POLICY NUMBER POLICYEEXPIRATION:I MMDDlYY LIMITSLTR DATDN EY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERIrIALGENERALLABILITY ! RG2-641-004218-032 07/01/02 07/01/03 F!REDAMAGE Anyone fre+ $ 100 OOO CLAIIdS MADE X OCCUR MED EXP (Any cne persenl $ 10,000 . X ! Indpnt Contractor BACAD FORM eD/CONTRA: "UAL PERSONAL & ADV INJURY I S 1,000,000 X. XCU BLKT A.I./WAIVER of SLERC GENERAL AGGREGATE I $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER i I PRODUCTS • COMP/OP AGG I S 2 O0O , OOO 7 POLICY iJECOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I a 1, 000,000 A 1 X 1 ANY AUTO i AS-641-004218-022 I 07/01/02 07/01/03 (Ea accident( I ALL OWNED AUTOS I I ; BODILY INJURY 13 J SCHEDULED AUTOS i IPer pemp) �: X, HIRED AUTOS �Yp�O��;D.5 ��`l) City Attorney PODcY.deJ $ fl X NDIti•C'vVtIE]Au-OS GAIL INT7 . City �t�I rney Deputy ` e�acctlenDAMAGE S +� c�i� i 1 :1: _'P GARAGE LIABILITY I l.- I `.:�',': I� I AUTO ONLY - EA ACCIDENT I $ ANY AUTO R EA ACC OTHER THAN $ AUTO ONLY. AGG I $ EXCESS LIABILITY EACH OCCURRENCE I $ 10,000,000 n000UR .BE2131568 I07/01/02 jS10,000,000$ I i$ DEDUCTIBLE S RETENTION $ i S WORKERS COMPENSATION AND I I X TORY LATI IMITS ER EMPLOYERS' LIABILITY WA2-64D-009004-442 A 07/01/02 07/01/03 E.L. EACH ACCIDENT $ 1,000,000 : WC7-641-00421E-012 IWII I 07/01/02 07/01/03 i El DISEASE EA EMPLOYEE $ 1,000 000 I I I E.L. DISEASE - POLICY LIMIT I $ 1 , 000 000 OTHER I i � DAMAGE 1 $2.5,000 DED OTHER !NITS ' I I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Huntington Harbour Sewer Project, Phase II. Cash contract No. 1174. The City of Huntington Beach, its agents, officers, & employees are included as Additional Insureds under General Liability & Auto Liability as respects the operations of the Insured. ***SEE ATTACHED NOTEPAD & ENDORSEMENTS*** X GtFtI11-IL:A I C MULOER I N ! ADDITIONAL INSURED; INSURER LETTER: GANGtL.LA I IVN 41 HUNT1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLXNDEX%=a1MA1L , 34 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTAQrPWAXW EX9II0L20VA C CITY OF HUNTINGTON BEACH x�xxxxo�ocolPJ@L>asmasac�mca[x 2000 MAIN STREET HUNTINGTON BEACH CA 92648 xelN1a%1gRx=xx ACORD 25-S f71Q71 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS 1NAIVED, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 NOTEPAD: HOLDER CODE' 41HUNT1 INSTE02 PAGE 2.. INSURED'SNAME Insituform Technologies, Inc. OP ID SP DATE 07`/02%02' ATTACHMENT TO CERTIFICATE NUMBER 41HUNT1 ISSUED TO CITY OF HUNTINGTON BEACH. IRE: Huntington Harbour Sewer Project, Phase II. Cash contract No. 1174. General Liability, Auto Liability, and Umbrella coverages are primary S non-contributory as required by contract. Waiver of Subrogation applies under Workers' Compensation as required by contract. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. FIN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Ct Cl�k ADDITIONAL INSURED - OWNERS, LESSEES OR U1k CONTRACTORS - SCHEDULED PERSON OR I � Epp. �� ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, & EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarat:ors 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 ongoing operations performed for that insured. This endorsement Is executed by the LIBERTY MUTUAL FIFE INSURANCE COMPANY Premium 5 Nil Effective Date 07/01/2002 Expiration Date 07/01/2003 For attachment to Policy or Bond No. RG2-641-004218-032 Audit Basis Issued to Insituform Technologies, Inc. ISSIIed Countersigned by Sales Office and No. St. Louis 0442 ,-0ki �p 5 T CitYtA�torlleY a ' rt20N , tpTY16Y Ls J����tU (l�/ Awnnnred Represem-.LVe End. Serial No. CG 20 10 03 97 Copyright, Insurance Services Office, Inc., 1996 r ADDITIONAL INSURED Ir- tt is agreed that such insurancs as is aftrded by the pdiC/'Or SCdlly Injury Liability and br Prcpery Damage Liability also applies -o the person cr organb dioei named -below, as an insured. with respectto the use of the au cmabile by the named insured or with his permission. but such inciusicn of an addl- tionai insured shall not operate to irtcvase the limits afthe =mpanys liability. Additfcnal Insured Address Any person or organ=ration for whom you ara requited by w-;ccaa coarrac= CO orovide insurance. Prernwm S 9!!e=ve cane 7 / 1 / 0 2 Umniucn Ovate 7 / Z / 03 FcratMC'Me•c-c?ciicy�c.,AS2--641-004218— 022 Audtr 9.aa:s !slued-c INSI T UFORM TECHNOLOGIES. INC. This enccrsemem ;s exer--ec 5y ;ne ^rnrany eesigraced Letaw: USIRTY MUTUAL FIRE INSURANCE CZIMPANY -L AZf All. 7 Fcrrs NcJRAC= E37 LOC-6 Saks CM= C:ce Sales Recre3ammuve We y!R jj =year ! Eric Ste all ,vc. ST LOUIS � 442 W", OE=ERY M 8723 � � J 96 j 0003 844A c :untersigned ay .. I WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform worx under a written contract that requires you to obtain :his agreement from us.) This agreement shall net operate directly or indirectly to benefit any one not named in the Schedule. This endorsement has not been approved and does not apply in the state of Pennsylvania. Scneaule ANY PERSON OR ORGANIZATION WHERE REQUIRED BY THE CONTRACT This enCorsemer.::s executed ny the LIBERTY INSURANCE CORPORATION Premium S ErreclYe Date 7 / 1 / 0 2 E=iranon Cate 7 / 1 / 0 3 Fcr anac:^mcnr :o sadvc Nc. WA2-64D-009004-442 Aud:t 3asls Issued -a INSITUFORM TECHNOLOGIES, INC. 6 Coun�ersi neatS $ Y ..... ......... •Ypta.�ifq pfO�fff..LGva Issued WC 00 03 13 (Ed. 4-84) Sales CMce and No. End. Serial lvc. 87 Copyrignt 1983 Vanonal Counc:[ an Compensation Insurance. Company Complaints Page 1 of 2 TV Company Complaint cAM atHrni De a Information insurance NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CNA PLAZA 333 S WABASH CHICAGO, IL 60685 800-993-5006 Company Performance In compliance with California Insurance Code § 12921.1, the California Department of Insurance conducted a Consumer Complaint Survey of all admitted insurance carriers. The company performance table provides the type of complaint, total complaints, number of justified and question -of -fact complaints, and those in neither category, the balance. Justified complaints often require additional review, as violations of California insurance laws may exist. Line of Coverage Type of Com laint Total Complaints Number of JustifiedQuestion-of:Fac oComplaints Number of Balance �R— 1998 1 1999 1 2000 199K 1999 2000 1998 1999 2000 199K 1999 2000 Surety and Fidelity Claims ] 0 2 Q Q ] Q 0 ] ] Q 0 If complaint data does not appear for this company, this link will provide you with an explanation. Comparison Data The information below is for complaints closed for 1998-2000 for this insurance company. These figures are from California Department of Insurance's Consumer Complaint Survey of all admitted California insurance carriers. The table provides the Justified Complaint Ratio, Market Share, Complaint Share, and Index for this company, grouped by the line of coverage the company was authorized to sell in 1998-2000. To compare this company's complaint ratio with another's, print this page and the other company's page. Year Line of Cgg Justifiedoveralai Ratio Market Share Complaint Share Index Commercial Auto -Comp000 .00 .104 .00 .00 000 Commercial Multi -Peril .00 .160 .00 .00 1998 lCommercial Multi -Peril 00 .108 .00 .00 000 Surety and Fidelity 14 1.540 5.56 3.61 1999 ISurety and Fidelity .00 1.422 .00 .00 http:'-`w,A--w4.insurance. ca. gov;`«u CAS_CMPL_CMPR_UTL.CMPLNTS_AND_COMPR... 7/10:2002 Company Complaints Page 2 of 2 00 1 l .1 19 1 .00 1 .00 000 IVL•'orkers Compensation .00 1 .233 1 .00 1 .00 If complaint data does not appear for this company, this link will provide you -with -an explanation. The Department's Consumer Hotline handled 422,364 calls related to general insurance questions in 2000. During this same period, the Consumer Hotline and Market Conduct Branch opened 30,624 complaints that were received in the mail or by calling the Hotline. As a result of the Consumer Services and Consumer Communications staffs mediation efforts, policyholders have recovered 526,432,604. Last Revised - May 23, 2002 04:40 PM Copyright Q California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/CAS_CMPL_CMPR_UTL.CM PLNTS_AND_COM PR... 7/ 10/2002 Ratings Page Page 1 of 1 Rating Organizations tee► Insurance°` These organizations primarily rate insurers based on their financial strength. While ratings are the opinion of the organization, they can help you determine an insurer's ability to pay claims, something you will want to consider in addition to shopping for price and service. Rating organizations often use different rating scales so be sure to obtain a copy of the scale or to ask for the meaning of the rating relevant to the given scale. A.M. Best (908) 439-2200 (N.J. Office) Fitch_IBCA, Duff &_Phelps www.fitchratings.com Moody's Investors Service (212) 553-0377 Standard & Poor's Insurance Ratings (212) 438-2000 From 2:00 p.m. to 5:00 p.m. (Pacific Time) (415) 765-5000 Weiss Ratings, Inc. (Fee for Service) (800) 289-9222 Last Revised - March 20. 2001 Copyright (D California Department of Insurance Dlsslnimer http://www.insurance.ca.gov/SAB/Profiles/Ratings.htm 7/ 10/2002 Company Profile Page 1 of 2 Company Profile nsurance" NATIONAL FIRE INSURANCE COMPANY OF HARTF O RD CNA PLAZA 333 S WABASH CHICAGO, IL 60685 800-993 -5006 Agent for Service of Process JERE KEPRIOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 20478 NAIC Group #: 0218 California Company ID #: 0128-9 Date authorized in California: August 05, 1884 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http://w),ti,,�%,4.insurance.ca.govhvuiidb_co_prof utl.get_co_proPp_EID=2691 7/10/2002 Company Profile Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information 16 Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find -a Company Representative in My Area Financial -Rating Organizations Last Revised - July 01, 2002 07:41 AM Copyright Q California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu,lidb_co_prof utl.get_co_proV EID=2691 7/10/2002 Page 1 of 1 CompanyList AM InsuranceDepartmeft For more information on any company, click the Company Name "Info" link. To view all companies in the same group, click the NAIC group number. Company Name State of JLNAIC NAIC Group NameDomicile umber Number Type NATIONAL FIRE INSURANCE CT 20478 0218 Legal COMPANY OF HARTFORD Info Name Record 1 of I New Search - -- Last Revised - May 23, 2002 04:36 PM Copyright Z California Department of Insurance Disclaimer http:Hwww4.insurance. ca.gov; wu/idb_co_list$co_list_mc.actionquery 7/10/2002 CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 PERFORMANCE BOND Bond #929257345 KNOW ALL MEN BY THESE PRESENTS: That we Insituform Technologies, Inc. , Principal, and National Fire Insurance Company of Hartford ,Surety, are held and firmly bound unto City of Huntington Beach, CA Obligee, in the sum of One million five hundred seventy-three thousand eight hundred twenty-one Dollars ( $1,573,821.00 ) , for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated for Huntington Harbour Sewer Project, Phase II, Cash Contract No. 1174 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Any suit under this bond must be instituted before the expiration- of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed, sealed, and dated this G-105578-B CMA Fbr All the Commitments You Make' day of Insituform Technologies, Inc. 2002. P ' cipal By: (Seal) Gerald Addington, Vice P sident Project Management National Fire Insurance Company of Hartford Surety By: �n.,n -P_�A,. m--A (Seal) Kathleen A. Petchulat, Attorney -in -fact GAIL HG` y Attorney; By: DeF4;;y i,i s. Az;torney CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 PAYMENT BOND Bond #929257345 KNOW ALL MEN BY THESE PRESENTS: That we Insitaform Technologies, Inc. , Principal, and National Fire Insurance Company of Hartford , Surety, are held and firmly bound unto City of Huntington Beach, CA Obligee, in the sum of One million five hundred seventy-three thousand eight hundred twenty-one Dollars ( $1,573,821.00 ) , for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated for Huntington Harbour Sewer Project, Phase II, Cash Contract No. 1174 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. Signed, sealed, and dated this G-23214-D CNA FerAU the CanvgjtmenLaYm Makeo day of Insituform Technologies, Inc. 2002 . P . ipal By: (Seal) 9eraldtAfanag°on ice Pres' ent rojecNational Fire Insurance Company of Hartford Surety BY: (Seal) Kathleen A. Petchulat, Attorney -in -fact GA::', City AtLorr.a� 13y; 1)5!; ..y City Attorney State of Missouri } County of St. Louis) ss: On , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kathleen A. Petchulat . known to me to be -Attorney-in-?~act of National Fire Insurance Company of Hartford the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my and affixed my official seal, the day and year stated in this certificate POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading. Pennsylvania, a Pennsylvania corporation (herein called 'the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Ste hen E. Ricci, Thomas C. Ricci, Jr., Kathleen A. Petchulat, Kathleen M. Hoffard, Individual! Of _Crave Coeur, Missouri their true and lawful Attomey(s)4n-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature — In Unlimited Amounts — and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 19th day of March, 2002. �Def 6aW-:V-ti.M,, y .wcorSEAL -06 • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 19th day of March. 2002. before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. t "OFFICIAL SEAL' DIANE FAULKNER Notary Public, State of Illinois My Commission Expires 9/17/05 My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of ��Gwcj ►MSUR Continental Casualty Company poPPonnrS�,�eprp� National Fire Insurance Company of Hartford WOW American Casualty Company of Reading, Pennsylvania My SEAL �' a r Q � Mary A. Ribikawskis Assistant Secretary (Rev. 10111 /01) JUL-02-2002 15.32 FROM:CNA SURETY 913-661-7799 T0:3144391641 I MPR el 199 IQ! isp" aw CHICAGO SLW-ry 1 No9.8 . 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YARMI Dt" P-M2/002 Technologies, Inc. � ' "SEALED BID" for HUNTINGTON HARBOUR SEWER PROJECT PHASE lI - CASH CONTRACT NO. 1174- CITY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR MAIL Bidder: INSITUFORM TECHNOLOGIES, INC. 702 SPIRIT 40 PARK DRIVE CHESTERFIELD, MO 63005 California Contractor's License No.: 758411 Class A -ex ires 1/31/03 Deliver Bid To: CVTY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK SECOND FLOOR Q TY HALL, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Proposal For: HUNTINGTON HARBOUR SEWER PROJECT PHASE Il - CASH CONTRACT NO. 1174 CTFY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR MAIL Bid Opening CITY OF HUNTINGTON BEACH MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PW 02-050 CouncillAgency Meeting Held: 4-03-011 I Deferred/Continued to: /)Ak Approved ❑ Conditionally Approved ❑ Denied Cit erk's i nature Council Meeting Date: dune 3, 2002 Department ID Number: PW 0 050 C 4 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ►.��;-: >- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ti UBMITTED BY: RAY SILVER, City Administrator cvdv REPARED BY: OBERT F. BEARDSLEY, Director of Public Works SUBJECT: Accept Bid for the Huntington Harbour Sewer Lining Project, Phase II; CC-1174 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On February 19, 2002, City Council authorized the advertisement for bids for the second phase of the Huntington Harbour Sewer Lining Project; CC-1174. On April 23, 2002, staff received bids and now requests that City Council award the contract to Insituform Technologies, Inc. Funding Source: Funds totaling $1,993,800 are budgeted in Account Nos. 88389001.82600 Harbour Sliplining (EPA), Sewer Improvements, $997,400 and 88389002.82600 Harbour Sliplining (OCSD), Sewer Improvements, $996,400 Recommended Action: Motion to: 1. Accept the lowest responsive and_,responsible bid submitted by Insituform Technologies, Inc., in the amount of $1,573,821 for Huntington Harbour Sewer Lining Project; CC-1174; 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. 02-050 Jun 3 Krieger (accept 1174) 0 5/21/2002 5:04 PM 1 MEETING DATE: June 3, 2002 Alternative Action(s): DEPARTMENT ID NUMBER: PW 02-050 Reject all bids and direct staff to re -advertise or abandon the project. This action could result in the forfeiture of grant co -funding in the amount of $2,000,000. Analysis: On February_19, 2002, the City Council authorized the advertisement for bids, which were received on April 23, 2002. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: - Bidding Contractor Bid Amount 1. Wesco Infrastructure Technologies $1,467,484.00 Bid Non -Responsive 2. Insituform Technologies, Inc. $1,573,821.00 3. Z.Z. Liner, Inc. $1,670,176.00 4. AES Construction Group $2,084,796.69 At the time of the bid opening, Wesco Infrastructure Technologies (Wesco) appeared to be the low bidder. While staff was verifying the bids, a protest concerning the responsiveness of Wesco's bid was filed. The issue was referred to the City Attorney's office for an opinion. The City Attorney issued a determination that Wesco's bid should be considered non- responsive and, therefore, rejected because critical information was not provided as required by the bid documents. Staff concurs and recommends that the Council accept the bid from Insituform Technologies, Inc., as the lowest responsive and responsible bidder. Staff completed the reference check for Insituform Technologies, Inc. and received favorable results from past clients. Additionally, Insituform Technologies, Inc. has performed similar jobs successfully for the City. This project will complete the sliplining of all City sewer lines in the Huntington Harbour. Environmental Status: This project is categorically exempt pursuant to Class B, Section 15301 of CEQA. Attachment(s): 02.050 Jun 3 Krieger (accept 1174) -0- 5/2212002 3:39 PM M. ATTACHMENT 1 ING ARE 4 x d CC-1 174 LOCATION MAP CITY OF HUNTINGTON BEACH. DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR a TABLE OF CONTENTS Page tio. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION - 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CO\'TRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS LN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. DEFAULT & TERMINATION 14 23. TERMINATION FOR CONVENIENCE 15 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 25. NON -ASSIGNABILITY 15 26, CITY EMPLOYEES AND OFFICIALS 15 27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 28. NOTICES . 16 29. SECTION HEADINGS 16 30. IMMIGRATION 16 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 32. ATTORNEY'S FEES 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page `To. 33. INTERPRETATION OF THIS AGREEMENT 17 34. GOVERNING LAW 18 35. DUPLICATE ORIGINAL 18 36. CONSENT 18 37. CALIFORNI IA FAIR EMPLOYMENT AND HOUSING ACT 18 38. CALIFORNIA PREVAILING WAGE LAW 18 39. CALIFORNIA EIGHT -HOUR LAW 19 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 41. EMPLOYMENT OF APPRENTICES 20 42. PAYROLL RECORDS 20 43. FEDERAL PARTICIPATION 21 44. DAVIS-BACON ACT 21 45. DISCRIMINATION, MINORITIES, ALIENS 21 46. EQUAL EMPLOYMENT OPPORTUNITY 21 47. COPELAND "ANTI -KICKBACK" ACT 22 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 50. ENERGY CONSERVATION 24 51. HOUSING AND URBAN DEVELOPMENT 24 52. ENTIRETY 24 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more frilly described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of g:karger:sanitation work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public YVorks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA g: karger: sanitation 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be -immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of , this Agreement or the Contract Documents, a sum not to exceed g:karger:sanitation Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working. days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ( ) consecutive from the day the Notice -to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall. prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions.of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR g:karger:sanitation agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to'CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. g:karger:sanitation In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not Iimited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of g:karger:sanitation such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of workinglcalendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion.of the work shall be extended by g:karger:sanitation the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or Iatent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g: karger: sanitation B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARiAT ONS 1N ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the' time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PRO lgh� PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that g:karger:sanitation satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR; who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with g:karger:sanitation Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate .shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY and the ORANGE COUNTY SANITATION DISTRICT (hereinafter "DISTRICT") respectively, their officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by.CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors; anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY or DISTRICT. CONTRACTOR will conduct all defense at its sole cost and expense and CITY and DISTRICT shall approve selection of CONTRACTOR's counsel. CITY and DISTRICT shall be reimbursed for all costs and attorney's fees incurred by CITY or DISTRICT in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. g:karger:sanitation 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of standard form commercial or comprehensive general liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of Two Million Dollars ($2,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Five Million Dollars ($5,000,000) for this PROJECT or g: karger: sanitation alternatively, Two Million Dollars ($2,000,000) aggregate separate for this Agreement. This policy shall name CITY and DISTRICT, their officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a.self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. g: karger: sanitation CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY and DISTRICT, their officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 23. TERIMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for g: karger: sanitation value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 24. DISPOSITION OF PLATS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 25. NONASSIGNASILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to g:karger:sanitation enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 29. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. g:karger:sanitation 30. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY;- and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing g:karger:sanitation contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 38. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general g: karger: sanitation prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 39. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in -accordance .with California Labor Code Section 1812, keep an accurate record, open to inspection at all g:karger:sanitation reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars (S25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 40. PENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 41. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 42. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division g:karger:sanitation of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 43. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 44. DAVIS-BACON ACT CON -TRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 45. DISCRIM ,NATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. g: karger: sanitation 46. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, reIigion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (39 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 47. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (1 S USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person g:karger:sanitation employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR .15.20. g:karger:sanitation B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines Iisted thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be Iisted on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 50. ENERGY CONSERVATION Agreements .with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 51. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 52. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. g:karger:sanitation The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR LO-A print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AN PPROVED: Director of Public Works g:karger: sanitation RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept Bid for the Huntington Harbour Sewer Lining Project, Phase II; CC-1174 COUNCIL MEETING DATE: June 3, 2002 RCA ATTACHMENTS -STATUS :. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attom2yj Not Applicable Certificates of Insurance (Approved by the City Attorne Not Applicable Financial Impact Statement Unbudget, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FORNISSING ATTACHMENTS REVIEWED . RETURNED.... FORWARDED. Administrative Staff Assistant City Administrator Initial City Administrator Initial ago City Clerk" J" 'EXPLANATION, FOR RETURN OF::ITEM: MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PW 02-050 Alternative Action(s): Reject all bids and direct staff to re -advertise or abandon the project. This action could result in the forfeiture of grant co -funding in the amount of $2,000,000. Analysis: On February _19, 2002, the City Council authorized the advertisement for bids, which were received on April 23, 2002. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: - Bidding Contractor Bid Amount 1. Wesco Infrastructure Technologies $1,467,484.00 Bid Non -Responsive 2. Insituform Technologies, Inc. $1,573,821.00 3. Z.Z. Liner, Inc. $1,670,176.00 4. AES Construction Group $2,084,796.69 At the time of the bid opening, Wesco Infrastructure Technologies (Wesco) appeared to be the low bidder. While staff was verifying the bids, a protest concerning the responsiveness of Wesco's bid was filed. The issue was referred to the City Attorney's office for an opinion. The City Attorney issued a determination that Wesco's bid should be considered non- responsive and, therefore, rejected because critical information was not provided as required by the bid documents. Staff concurs and recommends that the Council accept the bid from Insituform Technologies, Inc., as the lowest responsive and responsible bidder. Staff completed the reference check for Insituform Technologies, Inc. and received favorable results from past clients. Additionally, Insituform Technologies, Inc. has performed similar jobs successfully for the City. This project will complete the sliplining of all City sewer lines in the Huntington Harbour. Environmental Status: This project is categorically exempt pursuant to Class B, Section 15301 of CEQA. Attachment(s): 02.050 Jun 3 Krieger (accept 1174) -0- 5122/2002 3:39 PM . 96 CENTER FOR CONTRACT COMPLIANCE May:17, 2002 City Clerk City of Huntington 2000 Main St. Huntington Beach, Beach Ca 92648-2702 RE: Huntington Harbour Sewer Project - Phase II (CC1174) Huntington Harbour Area, Huntington Beach, Ca 92648 GENERAL CONTRACTOR: Dear Sir/Madam: Wesco Infrastructure Tech 20100 S Western Ave. Torrance, Ca 90501 (310) 224-5000 License #: 780144 �Akftl 004 03- 31--0z The Center is a nonprofit Labor/Management Trust that specializes in the monitoring of public works projects, to ensure that all laws governing public construction are observed by CONTRACTORS AND AWARDING AGENCIES alike. As a matter of routine procedure, records are checked for any irregularities. With the above mentioned in mind, please consider this a formal request for copies of documents on the above referenced project. We are requesting these documents pursuant to the California Public Records Act, Government Code Section 6250, et. seq. We are requesting copies of: X� Copy of Original Bid Advertisement with Proof of Publication X''General Contractors Bonding Affidavit and/or Agreement, (Public Contract Code) Workers Compensation Certification (Labor Code Section 3700) ❑ Signed Contract between the General Contractor and the Awarding Agency (excluding specifications) X� Complete subcontractors list, detailing full names, license numbers and place of business 0 Division of Apprenticeship Standards form; i.e., DAS-13, (Labor Code Section 1773.3) Complete Engineers Estimate, including labor and material costs broken down by item and classifications. X� Payment & Performance. Bond Information Headquarters - 4399 N. Santa Anita Ave., Ste. 205 - El Monte, CA 91731 • 626-444-8365 . FAX 626-444-8173 City Clerk City of Huntington Beach May 17, 2002 Page Two XD Nano of -Project Superintendent and Inspector XD Subcontractors Bonding Affidavit If you have filed a state required DAS-13 Form, you may forward a copy along with the other requested information. If you have not filed a DAS-13 Form, please fill out the enclosed form and attach the additional. requested information to that form. If you have any questions, please do not hesitate to call. Sincerely, t �?i,ha�dlio Field investigator, Enclosures CCC S/300 (4/99) DATE / ►I EXTRACT OF PUBLIC WORKS CONTRACT AWARD , TO: Center for Contract Compliance 4399 Santa Anita Ave,Suite 205 E1 Monte, California 91731 (818)444-8355 (818)444-8173 (FAX) FROM: AWARDING AGENCY DATE OF BID ADVERTISEMENT NAME CONTACT PERSON ADDRESS CITY STATE ZIP A CONTRACT TO PERFORM PUBLIC WORKS UNDER LC SEC. 1777.5 HAS BEEN AWARDED TO: NAME OF GENERAL CONTRACTOR CONTRACTORS LIC. 90. MAILING ADDRESS (street,city,xip) TELEPHONE •)RESS OR LOCATION OF PROJECT (include city and/or county) CONTRACT OR PROJECT NUMBER DOLLAR AMOUNT OF CONTRACT STARTING DATE COMPLETION DATE NUMBER OF WORKING DAYS TYPE OF CONSTRUCTION (Highway, school, etc.) NEW CONSTRUCTION EJ ALTERATION �1 CLASSIFICATION OR TYPE OF WORKMEN TO BE UTILIZED (Carpenter,Plurber,etc.) PLEASE FILL OUT ATTACHED SUB -CONTRACTORS LIST OR ATTACH A COPY OF OF THE GENERAL CONTRACTORS SUB LIST SUPPLIED AT TIME OF BID Is Language included in the Contract Award to effectuate the provisions of Section 1777.5 as required by the Labor Code?............................................................ TES 0 HO {) is language Included in the Contract Award to effectuate the provisions of Section 1775. as required by the Labor Code7............................................................ YES [I NO [I SIGNED BY TITLE DATE CCC FS/101 (4/90) SUBCONTRACTORS LIST SUBCONTRACTOR PORTION OF FORK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUBCONTRACTOR PORTION OF WORK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUBCONTRACTOR PORTION OF WORK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUBCONTRACTOR PORTION OF WORK LCCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / /. PHONE ( ) SUBCONTRACTOR PORTION OF WORK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUBCONTRACTOR PORTION OF WORKf LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUBCONTRACTOR PORTION OF WORK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION -DATE: / f IPHON'E.( ) SUBCONTRACTOR PORTION OF WORK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( } CCC FS/103 (4/90) CENTER FOR CONTRACT COMPLIANCE Los Angeles County 4399 N. Santa Anita Ave., Suite 205 El Monte, CA 91731 0.41w2w IV% f H METER S. CIL cot 927 DS-2A-I4+L :.j CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN ST. HLJNTrNGTOAN BEACH, CA 92648-2702 ke'29 D—t-V,14it4P 11116111141 $111 11 '�� +� CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P. Q .Box 1 9 0 C a l i f o r n i a 9 2 6 4 E Robert F, Beardsley, P.E. Director May 9, 2002 Wesco Infrastructure Technologies Mr. John M. Heisler 20100 S. Western Ave. Torrance, CA 90501 Dear Mr, Heisler: Subject: Huntington Harbour Sewer Project; CC- 1174 Department of Public Works (714)536-5431 As you are aware the City of Huntington Beach opened bids for the subject project on April 23, 2002 and at that time your company appeared to be the apparent low bidder predicated on the City's final review and acceptance of the bid. However, on April 24, 2002 the City received an official protest concerning the responsiveness of your submitted bid. The protest was received and filed under the provisions of section B "Instructions to Bidders" of the' project specifications. On April 25, 2002 the protest letter along with the submitted bid documents from all four bids received were referred to the City Attorney for a determination. The Public Works Department received the City Attorney's decision on May 8, 2002 and I must inform you that your bid has been determined to be non -responsive and it should be rejected per the requirements of the project specifications. The determination was based on the fact that the design calculations and proof of meeting the chemical resistance requirements as required by sections 500-1.1 and 500-1.4 respectively were not provided with your bid packet at the time of the bid opening. A recommendation will be forwarded to the City Council at the next available meeting to accept the decision and award the bid to the next responsive bidder. Should you have any questions, you may contact me at (714) 536-5259. Sincerely, Steve Krieger Civil Engineering Assistant SK:II c: David'A. Webb, City Engineer Douglas Stack, Deputy City Engineer Todd Broussard, Principal Civil Engineer Sarah Lazarus, Deputy City Attorney J -PE S.09/2002 07:18 310-224-5001 PAGE 01/02 Wesco Infrastructure 'technologies 20100 S. West= Avenue Torrance, CA 90501 (310) 224-5000 I Fax (310) 224-5008 May 8, 2002 Mr. Steve Krieger City of Huntington Beach Via Fax to (714) 374-1573 Department of Public Works & Messenger (2 pages) 2000 Main Street Huntington Beach, CA 92648 Re: Huntington Harbor Sewer Project (Cash Contract: 4 1174) Insituform's Bid Protest Against Wesco Infrastructure Technologies Dear Mr. Krieger: Regarding the protest filed by insituform Technologies, Inc. against the bid submitted by Wesco Infrastructure Technologies (WIT) on the above referenced project and perour discussion, this letter is written to request that WIT receive the following notices and be given the following opportunities to be heard as required by the California Public Contract Code: WIT requests, under California Government Code section 54954,1, mailed notice of all meetings of the awarding authority for this contract at which any issues pertaining to the award of this contract are on the meeting agenda. if there is any fee for this service, please telephone this information to us immediately, so we can promptly pay the fee. WIT requests to be informed by telephone or fax as soon as any staff reports or recommendations concerning any issues pertaining to the award of this contract are available to the public, so we can immediately inspect those reports or recommendations. WIT also requests to address the awarding authority for this contract before or during its consideration of any issues pertaining to the award of the contract, which opportunity is guaranteed by California Government Code section 54954.3(a). �QUn09/2002 07:18 310-224-5001 FAGS 02IO2 If this letter is not sufficient to accomplish any of these purposes, please let us know immediately what else is required, so we can comply. If we do not hear from you, we will proceed on the basis that this letter is sufficient. The award of this City of Huntington Beach contract to any bidder besides the apparent low -bidder, WIT, would violate the laws, standards and practices applicable to competitive bidding on public works projects in California. If additional information is needed, please contact the undersigned. Thank you for your attention to this matter and the anticipated award of this contract to Wesco Infrastructure Technologies. Sincerely, Wesco infrastructure Technologies r_� d640L� Theodore C. Anderson General Counsel F4 95&7S CITY OF HUNTINGTON BEACH MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: PW 02-040 Council/Agency Meeting Held: Deferre to: XAPproved Conditionally Approved ❑Denied Cler s Signature Council Meeting Date: May 6, 2002 Department ID Number: PW 02-040 r CITY OF HUNTINGTON BEACH REQUEST FOR ACTION r~� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _0 r� VISUBMITTEDBY: RAY SILVER, City Administratoropszzl PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works + SUBJECT: Authorize Advertisement for the Overmyer Reservoirs Rehabilitation Project -Phase 2; CC-1104 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bid documents for Overmyer Reservoirs Rehabilitation Project -Phase 2; CC-1104 are complete and ready for bid. Funding Source: Funds in the amount of $7,500,000 are budgeted in the Water Master Plan Fund, Overmyer Reservoir, Water Improvements, Account No. 50791007.82100. Recommended Action: Motion to: Approve the plans and specifications and authorize the Director of Public Works to request bids for the Overmyer Reservoirs Rehabilitation Project -Phase 2; CC-1104. Alternative Action(s): Deny the request to advertise the construction contract for Phase 2 of this project, and provide staff with alternate direction. This action will delay needed repairs for the reservoir facility, and compromise water storage capacity as determined by the adopted Water Master Plan. G:1R C A12002102-040 May 6 De Bow (Overmyer Reservoir Phase 2 Advertise).doc .2- 4/24/2002 10:04 AM REQUEST FOR ACTION MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: PW 02-040 Analysis: The City of Huntington Beach owns and operates Overmyer Reservoirs Nos. 1, 2 and 3 (OV1, OV2 and OV3, respectively). They are located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Division Yard (Attachment 1). OV1 and OV2 have a combined capacity of 2.7 million gallons (MG). OV3 has a capacity of 21.5 MG. These reservoirs provide critical operating and reserve storage of potable water for the City. A detailed engineering design services for the rehabilitation of the Overmyer Reservoirs Facility is complete. The project is divided into two phases. Phase 1 is the demolition of OV1 and OV2. Phase 2 is the rehabilitation of OV3. A comprehensive project schedule is provided. (Attachment 2) Construction is scheduled to allow for the demolition of OV1 and OV2 to be completed prior to mobilization for Phase 2. This will provide a construction staging area for the Phase 2 work. On March 18, 2002, City Council awarded a construction contract to BnB Engineering for Phase 1. Construction documents for Phase 2 are complete, and authorization to advertise for competitive bids is requested. The engineer's estimate for Phase 2 is $7,200,000. Public Works Commission Review: On January 16, 2002, the Commission reviewed and supported the request to advertise both Phase 1 and Phase 2 for bids, by a vote 5-0-2 (Commissioners Mason and Gartland were absent). Environmental Status: The Overmyer Reservoirs Rehabilitation Project has been determined to be Categorically Exempt, pursuant to the California Environmental Quality Act, Section 15302(c). RCA Author: D.DeBow:jm G:1R C AQ002102-040 May 6 De Bow (Overmyer Reservoir Phase 2 Advertise).doc ! 4/26/2002 9:47 AM ATTACHMENT #1 CITY OF HUNTINGTON BEACH OVERMYER RESERVOIR REHABILITATION VICINITY MAP W PROPOSED F o PROJECT SITE = g 0 d Gp, P� h 1 GARFIELD CLAY rR v fi� - ATTACHMENT #2 OVERMYER RESERVOIR REHABILITATION DESIGN AND CONSTRUCTION ID Task Name Duration Start J Finish 2002 2003 ' J F MIA -M rJ-- LA S� O 1 N D J j F M� A M I J J A S i O_l N.. D J — -_— Phase I (OVi and OV2 Demolition) 145 days : Mon 214102. Fri 8123102 'Council Authorization to Advertise 0 days • Mon 214/02 - Mon 214/02 . 2/4 3 I Advertising Period 19 days ' Thu 2/7102 Tue 315/02 Open Bids 0 days : Tue 3/5r02 ; Tue 315102 . 315: r]5�-' Bid Review Period 6 days Tue3/5i02 Tue 3h1 ld2 Bid Award (ty Councl) --0-days: D days : Mon 3118102 : Mon 3118/02 . 3,.18 7 a Contract ExecuVon Period- Nottoe to Proceed 24 days: 0 days : Tue 3119)D2 Mon 5/6102 ; Fri 4119/02 Mon 5AV02 0 1fi 8 9 p : Construction 66r on 75 days' Mon 5113102 . Fri 8/23102 10 Completion Date 0 days. Fri 8/23102 : Fri a723/02 ♦ 8123 11 Phase II (OV3 Rehabilitation) I 406 days . Mon 516102 : Fri 1'1121103 12 Council Authorization to Advertise Advertising Period 0 days _ 24 days , Mon 518/02 Mon 6117/02 ' Mon 51fi102 Thu 7118/02 . 616 13 14 Open Bids 0 days , Thu 7118102 : Thu Vl t3102 ,7118 15 Bid Review Period. . . .... .......... :_. -.-. 11 days Fri 7119102 Fri 812102 16 Bid Award (by Council) 0 days: on 815102 : Mon 8I5/02 17 Contract Execution Period Notice to Proceed 15 days": 0 days : on 8I5102 Mon 8 26102 ' Fri 8123102 Mon 8126IO2- 8nfi 18 19- Construction Duration 325 days ; Man a126102 : Frt 11/21/03 :L ::: •. * . = _: •::.: , 20 I Completion Dale 0 days Fri 11/21103 Fri 11/21/03 ` 11121 CITY OF HUNTINGTON BEACH Task Milestone summary DEPARTMENT OF PUBLIC WORKS Tue 4/23102 Page 1 None: "Days" represents "working" days. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Advertisement for the Overmyer Reservoirs Rehabilitation Project -Phase 2; CC-1104 COUNCIL MEETING DATE: May 6, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not A plikcAble Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) l Not Applicable Bonds {If applicable) ! Not Applicable Staff Report If a licable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial } City Administrator Initial } Cit Clerk (.EXPLANATION FOR RETURN OF ITEM: I RCA Author: D.DeBow ilrri-L'i LUUL[R5li 1711L r UULi uu i Insifuf+orm, Technologies, Inc. April 24, 2002 I &. Robert F. Rwdsley Director — Deportment ofPablie Works City of Huntington Beach 2000 Main Street Huntington Bench, CA 92648 5100 E. Second Street PH: 707-747-6BBB P.O. BoK 519 FAX: 707-746-7461 Benicia, CA 94510 Re: Aid —Huntington li arbour Sewer Project (Cash Contract No.1174) Bid Opening Agri! 23, 2:00 pm Dear Mr. Beardsley, In regards to the rercrcnccd bid, Insituform Technologies, Inc.'s review orthe bid documents immediately after the hid opening showed that WESCO railed to provide mandatory bid submittals including Design Calculations and Cheinical Resistwice testing. The city was advised or this finding shortly after the bid opening on April 23, 2002. We believe that VVESCO is non -responsive to the bid specifications and should be rejected. Attached is a copy of the legal opinion by our =orney, Leroy M. Gire. We assume that Insimform Technologies Inc. will be declared as the lowest responsible bidder based upon tliese findings and Iegal opinion. If this is not the case, please consider this letter as ]nsituform's protest oran award to any other bidder. We appreciate the City's review or our request. If you or others have any questions regarding this letter, please call me at 707-747.58BB (ext. 3909). Sincerely, (1, ly. A�,�A David W. Smith Area Vice President Cc: Tony Henrich Leroy M. Gire Todd Broussard Steve Krieger L � 4ant By: ; 582 B81 833B1 Apr-24.02 2:01PM; T au) I UU Pepe 214 Stm Bsr No. 34088 LEROY M. GIRE ATTORNEY AT UAW 1301 DOROTHEA ROAD LAHABRA HEIGHTS, CALIFCRNIA 00531 April 24.2002 VIAEACSIMILR ANA DIRECT MA11, 944-4906 Tony Henrich Insitufomi Technologies Inc. 944 Anne Street Santa Fe Springs, Calif. 90670 Re: City of Muntingmn Aeuab Lash Contract No. 1174 Dear Mr. Hcnric h, Yuu asked for my opinion an tnsit+uform's rights under the following ,tarts: 1. Insituform submitted the second low bid Talaphona (352) 091-3773 Fe almlia (SU) 681-8338 2. The low bidder, WESC U.4 bid, did not include liner wall thickness design calculations. 3. The contract documents state, in bold print: "If the ealculatinns ure not lnelmded with the bid proposal, the bill .rhall be eousldered non-reaponsive." 4. WFACQ's bid did tint include proof of meeting chemical resistance requiremmtts. S. The contract clucuments state: "Proof of meeting either of these requirements shall be provided with she hid. A hidder's failure to do so shall rentler their bid non-rasponsive." The City, by low, is required to award the contract tv the lowest respunuihlc, responsive bidder. Under the City's ruic:s. WERCO's bid is non-responsivc. A public agency, in determitung the lowest responsive bidder, must follow its rules and rrbulutions. If a public agency fails to do sa, the award will be ovcmirned by a Court in a Writ of Mundlatc proceeding. See the enclosed Past decision. Very M. GIRF a I n 47 LUU4touu1 it I r.UUVW rent By: i 5132 1381 8330; Apr.24-02 . 2:01 PM; Page 314 193 Ca1.Rptr, 202 (019 3131: 145 CALApp.3d 269, 193 Cal,Rpre. 202) C Court of Appeal,11 ird District, California. Frank W. POZAX Petitioner. V. UI:PAR"flbl'F.NT OF TRANSPORTATION. RGspnndent. Civ. 22957. . June 30. 1993. Bidder Sought Writ of manLkiC to comps! DePUftnent of Tratoaportation to follow its published proceditra for resolving dinrcpancies in bid i7fltres, TheCourt or Appeal, Puglin, P.J., held that bidder was entitled to wril of atandnta dlrectlrrg nerartment to Cnmputrr bid using per -writ price. Writ issual. West flendnotus [1 j Public Conitucu C= 10 316Ak10 Court of Appeal has nu power to direct award of public caws, at to nny individual; however. court crn direct agency to [allow its own rules when it host ministerial duty to do no or when it leas abu3ed its dissretloll. (2) Ifighways a= 1 13(4) 20Uki l3(4) 121 Mandamus CM90 250k90 Bidder on highway rmnsuuetlon project was entitled to writ of mandate to Compel . DepartMeur of ' nuisrprtrmtien to rollow Its own published procedure, send resolve disen:piutcy+ between unit price and total price by accepting per -runt price. West's Ann. Md.C.C.P. lI 101111. «Z01 *270 0111in a Bader, Inc.. And pirate S. DilIin. $acrsrnentn, Ibrpctltlonnr, Robert F. Carlson, Chief Ctsuitsal, Orrin F. Finch, Asst Chief 1:0unael, and Ralph E. 1-iving9ton, Sacm, mento, Fro rimpondent, PUGLIA, Presiding 3usticu. Petitioner gccks a writ of mandate lium this court Page 1 (Carla Civ.13mc., § 1095) to compel respondent (Cultrans) to fellow its published procedure for resolving discrepaorles in bid figures. We :shish Issue the writ. 77te facts arc flat In dispute. on Mtemb 23, 1911.1, petitinner suhmirtcd a prupumal o11 Contract Nn. 09-071004. a highway censuuctlon project in Mono County. The proputwi included a list of requircd psuducta isnd turviucs and all estimated quantity for each item. Petltlarter supplied a price per unit and a Ialt<I price !'or Cach item. One of thu 37 required items was "Binder (Dust Pnlllat ve)." The estimated quantity was 90 tons. Pad ictiv proposed u unit prico of $20 per ton and a total price or s 18,000 for binder. One of the figures in obviously lllc0f= if the correct unit price ix 520, the raml prlcc would be. S1,800. If the S18,000 tutu! Is Correct, the enrreat unit price would he S200 per ton. 7 1e discrepancy between die writ and total prize: is Crititatl in this lnimrice. if ptlitioriv- s !lid is calculated at SI,1100 for binder, he its tlic lowest bidder on the contract. His tuial bid (clie stun of 37 item tomis) of S 1,699.780 is S2,423 less Than the next lowest of the eight mvponsibla bidders. rC the S18.000 total figure for hindcr Is used, petititlncel hid Is $1,705,980, and he is rot the lowest bidder. *271 The form Caltrans supplies for bids ur proposws contains the 1'ullowbil; lanbruagm as to discropa.ticles between per -unit and unit price tulule: "In case of dlsmpvncy balween the Item prcc and the toml sat forth 1'ar a U1111 bagls lunn, the hero price shall prevail, provided, however, it the amaunt set forth as an item price is ambiguous, unintni lglble or uncertain f1,r any Cause, or Is amiued, Or is rile yams amount as the rittry in the 'Total' coltuml, then the amount get forth In the 'Total' column Ft1r the itern shall prevall and shall he dlvlded by the cstlinated quaAtlty for the item i;nd rho price thus ablatined Shall be The Itelr price." Following its otublished practice ,utd the provision quoted above, Caltnuts calculated pctiliuners loml bid uatlig the per -brut prlce (320) Brno arc calcmated quantity (90 tons). Thus Calculated, petitlaner's 10=1 **203 bid was the loww recaived. Thr bid was then referred to the Caltrans legal atftce far nu opininn. '110 lepl ntlicc concluded the entire bid wam uncertain because of the discrepancy and that application of the item prices prlorlry rule would be erbittary. Noting; that the Callmna engineer luad Cupr, 1P Wcst 2002 No Claim to Orig. U.S. Cnvt. Wanks 7jent 8y, ; 562 891 8338; Apr-24.02 2.01P11; r. UU7; M Page 414 191 CaLRptr. 202 (C1ts as:145 Cal.App.3d 269. *311, 193 CaLRptr. 202, **2U3) estimated binder cost at $300 per tan, Tha lagai ogee, concluded patifinner could not have Intc tdcd to bid $20 per ton and the total bid should Include $18,000 for bindu lord be S 1.705,980. CalUms acccpted the opinion and dccidcd to nw;vd tho coav= to attathrr blddar. Pctltionds application to the supariur Lvurt fbr rclier was denied, Md tha instant petition was filled in title coact We Issued a stay of the contract awtud pending eonsldarativn of dtc aterits of the petition, Peililtoinla asstrtlt#t}s of urgency, ahronawliatcd by Calttnas, establish that he has nn adequate rcmady at law (act Code Clv.Proc., § 1096; 5 WhIctt, Cal.Procedure (2d ed. 1911) I:xlraardlnary Writs, §§ 91. 92, pp. 3867.3066). The contract award is pandial; and the work is presumably to lac perforrned this slimmer. (1 ](2] This cairn bag ria power ttr dlract the award or a public contracl to :toy indlvltlunl, (Judson PaCrfic- Murplly Corp. v. Durkee (1956)14d Cal.Apa.2d 377, 381, 201 ?1d 91.) We tiro. however, diner au agency to rallow lit own rtrlex when it has a miniSWIni duty to do on or when it hits iftmed Its dlRcretion. (Glmidale Clry Ernplayew Axym, Inc, v, Cry of Ulandate (1975) 15 CaUd 328, 344.345, 124 Page 2 CA1,Rpir, 313, 540 P.2d 605.) Here, as in the Glendote case, we art concerned with a ministerhi duty. Caltrdne' own rules obilppte it to accept the per- unk price in the absenec of specified clrcummances, !lore of which are here prc=L The per-uWt prlte of S20 is neither Wnbiduatis. uninteillglble. unr.CM L nor otharwlse within any exception to the rule. •172 The instant petition has bona served upau respondent and it hm Filcd oppopitlun to the pctitloo. Under thee: cirtumstasco, this court h empowered to Issue a paramptory writ of mandate without first issvin6 an u}lemadVe writ. 1Gae1e C1v,Yroe., § 1088; Central & wcri Bruin Wartr tic M t. V_ wong (1916) 55 C'4l.App.3d 191, 196, 121 CaLRptr. 448; Guodenpugh v. Superrnr Court (1971)18 C4I.App.3d 692, 697, 96 CA1.Rprr. 163.) Let a peremptory writ or mnndaic Issue directing respondent Caltrans to emnpute petitioner's bid In Qmttuvi No. 09.071004 using the S20 per ton Rgum for Item 13. flit stay lhrntataro 14sucd will br dissolvcd upon compllwcs with or finulity of this dtclsian, Whichever is eorlkr. EVA14S and $LCASF,».. concur. END OF DOCUMITNT Cap. 0 West 2002 No Claim 10 Or1g. U.S. Govt. Works CAT Y CLERK CITY OF HUNTINGTON BEACH, CA- 2002 APR 2 3 P 20 1 bq :1 d Q ddV 7007 VO'HOV32 1,4101gNivinH jo IQI� _-j 7� MD r- -_- !, !,-, - - t HUNTINGTON HARBOR SEWER LINING PROJECT PHASE II CC-1174 BID.DATE: APRIL 23, 2002 at 2:00 PM Engineer's Estimate: $1,587,166 BID LISP' BIDDER'S -NAME :.. RANK: TOTAL:BID AMOUNT 1. AES CONSTRUCTION r �C $ 21 $�() .7 c 1 �- 2. ALL AMERICAN ASPHALT $ 3. BEADOR CONSTRUCTION CO, INC. $ 4. CLARKE CONTRACTING CORP $ G c� 6. COLICH & SONS, L.P. $ 7. EXCEL PAVING COMPANY $ 8. LNSITUFORMI TECHNOLOGIES $ 9. KEC ENGINEERING $ 10. MATTHEW & STEWART COMPANY $ 11. SANCON ENGINEERING $ 12. SAVALA CONSTRUCTION CO. $ 13. SOUTHERN CALIF UNDERGROUND $ 14. SOUTHWEST CONCRETE $ 15. Z. Z. LINER, INC. S r L( p, Cl sid.ist I C HUNTINGTON. HARBOR SEWER LINING PROJECT PHASE II CC-1174 BID DATE: APRIL 23, 2002 at 2:00 PM Engineer's Estimate: $1,587,160 BID LIST .-BIDDER'S NAME. : ° :. . RANK :: TOTAL -BID AMOUNT00 1. AES CONSTRUCTION u 4 $ 2 y + q 2. ALL AMERICAN ASPHALT $ 3. BEADOR CONSTRUCTION CO, INC. $ 4. CLARKE CONTRACTLNG CORP $ 5. COLICH CONSTRUCTION, L. P. S 6. COLICH & SONS, L.P. S 7. EXCEL PAVING COMPANY $ 8. INSITUFORM TECHNOLOGIES r� $ ral31 8 �1 00 9. KEC ENGINEERING $ 10. MATTHEW & STEWART COMPANY $ 11. SANCON ENGINEERING $ 12. SAVALA CONSTRUCTION CO. $ 13. SOUTHERN CALIF UNDERGROUND $ 14. SOUTHWEST CONCRETE $ LINER, INC. ul� 1 1) 4671 W. 00 BidList PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) l am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested - in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: April 4, 2002 April 11, 2002 April 18, 2002 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 18 , 200 at Costa Mesa, California. Signature NOTICE_ INVITING .f - SEALED BID5 for-CC-1174 : _t 'r Notice : is, hereby given; that sealed bids will , be;! received by . the City' of Huntington .-Beach. at. the: office of the City Clerk at. City Hall; 2000 Main Street, 7 Huntington Beach, CA 92648, until ;the -hour of-2:00 PM -on April 23, 2002, at which time -bids- will=be !opened publicly and--read-aloud Prt tfie Council Chia 1;i6&g ;for the Huntington. 1-Harbour. Sewer .1-Ining. .Project - Phliso,ll- In •tfie, City of - Huntington I Beach. + This : project is fetler;. all requisites of Title 241 of the Code of Federal Regulation apply. includ- ing Section 3, Part. -125� (Directing economic bp!.. portun !very llo�w- ines o low- an ciame peril I Rnnn 1 4%p . documents -may be op= t 'twined starting 4April ° 4 Department - of --Public Works _upon recei t:pi a . nor!-refundabie' tee::.`of_ $25.00; —sales < tax :.=in-] eluded, if. picked,,up or i $35.00: if mailed., , 1 r Each bid shall bet made-, on`: the Proposal! Form' . dradidetl" in .the i a cerurigq or; casnier's check or;a:-bidbond,for not less than 10% of the amount_of:the bid made payable G the - City of Huntington. Beach. This is a Davis -Bacon project and Federal `Regulations will be enforced. -'Arty icontract:+ entered Into pursuant `to 'this, notice will incorporate 'Ahe provisions of -the Federal Labor Standards,, twhich are on file at the Office of ;the Director -of.-, Public !Works, 2000 Main !Street, Huntington !Beach... CA- 92848 ,�`.; f No. bid,. Shall:--'bb icon-- fsidered,unless it�i9 made Ion. a-.form,fumished,-by the .Citv.: olxHuntl%on made, in. - acca with- tfie, provision proposal: requirer Each bidder m licensed .and, als quafified-as" requi law. .. . §' -The_,Ciry Council City, of _;.H0-61 of 'fornia the 19ttf of Fehrtiary' 2002 =' Connie Broekwayy. Chy `Clerk-of'the-City-of !Huntington Beach �' Published' Huntington Beach Inddpendent-April) 4, 11, 18. 2002 fVJ &Z-A-aZ �Wld II-OV., Z r7-V -oZ or r, NOTICE INVITING SEALED BIDS for CC-1174 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on April 23, 2002, at which time bids will be opened publicly and read aloud in the Council Chambers for the Huntington Harbour Sewer Lining Project - Phase 11 in the City of Huntington Beach. This project is federally funded program and all requisites of Title 24 of the Code of Federal Regulations apply including Section 3, Part 125 (Directing economic opportunities to low- and very low- income persons.) A set of plans, specifications, and contract documents may be obtained starting April 4, 2002 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $25.00, sales tax included, if picked up or S35.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. This is a Davis- Bacon project and Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also pre -qualified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 19th of February 2002. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 1741NVIT.DOC MOCITY OF HUNTINGTON BEACH 2000 Main Street C P.O. Box 19 0 ^ —a Huntington Beach, CA 92648 a G, LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 ❑ We are sending you: ® We are hand delivering: ❑ Shop drawings ❑ Copy of letter ❑ By Mail ❑ ❑ Attached ❑ ❑ Prints ❑ ❑ Change Order CO =�C' Q - Fax (714)A740f3:_ Date: March 2& 2002 N N > Project/C.C. No.: C.C. No. 1174 Regarding: Huntington Harbor Sewer Lining Proiect Phase 11 By Fax Mail{Number of pages including this sheet.) Under a separate cover via the following items: Plans ❑ Samples ❑ Specifications Other: Notice lnvitina Sealed Bids -Item # _..: Copies- i: Pages :: Descri tion . . 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ Other: Remarks: On February 19, 2002, the City Council authorized the advertisement of the Huntington Harbor Sewer Lining Project, Phase 11, CC1174. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for 4'4, 4/1 1, and 4/18 with a bid opening on 4/23. Please contact me at extension 8444 with any questions you may have. c: r By: Paul L. Whitely, Engineering- chnician GACONslxUMON CONMACIS (CCS)\CCI I74\'rRAWOCLESKI 174.DOC CITY OF HUNTINGTON BEACH MEETING DATE: February 19, 2002 DEPARTMENT ID ER- Pl �2 `017 CouncillAgency Meeting Held: Deferred/Continued to: pp oved ❑Conditionally pprove ❑Denied � -City Clerk' Signature Council Meeting Date: February 19, 2002 Department ID Number: PW 42-017 CITY OF HUNTINGTON BEACH c REQUEST FOR COUNCIL ACTION co -� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorG�tolo 4 f" F r, PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works u SUBJECT: Authorize Advertisement for the Huntington Harbour Sewer Lining Project, Phase II; CC-1174 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Public Works staff has prepared Contract Documents and Specifications for the second phase of the Huntington Harbour Sewer Lining Project; CC-1174. Funding Source: Funding for this Project will be through an Environmental Protection Agency (EPA) grant and an Orange County Sanitation District (OCSD) grant. Matching grants in the amount of $1,000,000 will be received for a total project budget of $2,000,000. Funds for this project are in accounts No. 88389001.82600 Harbour Sliplining (EPA), Sewer Improvements and 88389002.82600 Harbour Sliplining (OCSD), Sewer Improvements. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the second phase of the Huntington Harbour Sewer Lining Project; CC-1174. Alternative Actions : Forego approval at this time and direct staff on how to proceed with the project. This action could result in the forfeiture of grant co -funding in the amount of $2,000,000. 02-017 Feb 19 Krieger (advertise 1174) -7- 217102 11:53 AM � �i MEETING DATE: February 19, 2002 DEPARTMENT ID NUMBER: PW 02-017 Analysis: On September 4, 2001, City Council authorized the Mayor to execute an agreement with OCSD for the District's portion of the funding. On December 10, 2001, the EPA informed staff that federal funding was also authorized for this project. The project will consist of lining approximately 45,000 lineal feet of sewer mains and rehabilitating approximately 1,500 vertical feet of manholes. Public Works staff has prepared Contract Documents and Specifications for this project and now requires permission to advertise for bid. Public Works Commission Review: On January 16, 2002, the Public Works Commission, by a vote of 5-0-2-0 (Mason and Gartland absent) approved the staff recommendation to request that City Council authorize the Director of Public Works to request bids for the second phase of the Huntington Harbour Sewer Lining Project; CC-1174. Environmental Status: This project is categorically exempt pursuant to Class B, Section 15301 of CEQA. Attachments : RCA Author: Krieger:jm 02-017 Feb 19 Krieger (advertise 1174) -3- 215102 11:36 AM ATTACHMENT 1 ING AREA CC-1 174 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ri RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Advertisement for the Huntington Harbour Sewer Lining Project, Phase Il; CC-1174 COUNCIL MEETING DATE: February 19, 2002 ::.RCA;ATTACHMENTS: :. = STATUS.,. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full b the CityAttome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance LApj2roved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable : EXPLANATION FOR. MISSING. ATTACHMENTS REVIEWED RETURNED 'FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk T 7��UI -EXPLANATION FOR RETURWOF ITEM: RCA Author: Krieger 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK July.,19 , 2002 To: AES Construction Grou 8100 Balboa Place Van Nuys, CA 91406 CALIFORNIA 92648 Enclosed please find your original bid bond issued by AMerican Guarantee and Liability Insurance._ Company for CC No. 1174 Connie Brockway, CMC City Clerk Enclosure g:lfollowuplcashconlrelumbidbond.doc (Telephone: 714.536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 I=T1Ti KNOW ALL MEN BY THESE PRESENTS, that we A.E.S. CONSTRUCTION GROUP 8100 BALBOA PL. VAN NUYS, CA 91406 as Principal, hereinafter called the Principal, and AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY 3003 Summit Blvd., Suite 1700 Atlanta, GA 30319 a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and. severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HUNTINGTON HARBOR SEWER PROJECT - PHASE II - WITHIN THE AREA BOUNDED BY EDINGER AVENUE TO THE NORTH, ALGONQUIN STREET TO THE EAST, WARNER AVENUE TO THE SOUTH AND EDGEWATER STREET TO THE WEST - CASH CONTRACT NO. 1174 NOW, THEREFORE, if the Obligee shall accept the hid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perforrn the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed a ��seaal�le`,ddJ this 22ND ay of APRIL, 2002 ne55 Susan onse ness J.W. Johnson, Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA . FEBRUARY 1970 ED + THE AMERICAN INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY One Liberty.06 aia, [36th Floor], New York, York, 100 CERTIFIED POWER OF ATTORNEY APPOINTING, INDIVIDUAL ATTORNEY(S)-IN-FACT �7j rbtIqn-,-, dAN_G1JA"Nfk A�e-7'LIXBl"Liii�INSURAN�q�,C66 NY, _EN�BY�THE FPRESENTjhat.tK&(AMERI KNOW(A�Ll_ MM 'r- % e PRESENT, Ve 'r --e'd.6Fa�ndexii�ndu�d�r,-Ih;la'w-�s�ofi�A 16-0- S i�dmCurKlllintli,'� c dlVv;ifh 49`Exe'cbtive Offloe located in cl gr �T - n '6tb. constitute and appoint t UZ J.W. Johnscin, Frank Robitaille, Brad L Settgast of Fullerton, CA Its true and: lawful AttorneyW-6-Fact with pow4 and authority hereby. conferred to sign, seal and execute in .1 its behalf, during the period beginning with the date. of issuance of the power: Any and 'gall bondi, undertakings, recognizances or 'other written obfigatlons In the nature thereof, -and to bind AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY thereby, and all ofthe acts of said. Attornei(s)-in Fact, rs puuant to these presents are hereby ratified and confirmed.. -This . Power' of Attorney is made and &xecuted-p " ursuant to and by the.,.7' a By -Law authority of the " Comp 'Liaim duly by. the BoaM.'61` Direct&� of.the any -which By! -Law he's not been amended or. rescinded: Section 2, Article 111. '...Thepresident or a vice president in a written instrument attested by: a'§ecretary or an assistant secretary mey �a),ppoint any perton Attorney -in FaalvWth authority to execute surety bonds on b-phallf,oi-the compa ny - and other forma in reference thereto--Ahd- reinsurance agreemei 'd_6--hdiofaII.k(ndsan underivfltln�-contractjfl�' iiinsij its.r6latlng,to individual policies,an 6 d t I n n '4- ke the pavers �­ ntedT A. altta�:h:tfie cofp6rate seWn11.'X6y--sucK.,dffi66' may,fdvo5,Any Att&n6y-1 A ly A [Th wing ResolLition adopt the Board of is Poweivi AttdrnAy is signed and sealed by f4csimile Aerand- b i ihe-a 6 of -the following 6 . i�� authority ; - L_j =-­1 6 1 .1 ­ 4m-- I Directors of the,AMERFdA -N-�G(JA''RA�OEE'A'ND-�'LIABILiT-Y I`N§U� -ara meeting duly called and.tiM on ttie2 th'-'d'ay. - of March 1992:.'- _2 t -thes signature p attesting signature of asecre secretary organ assistant.' that 'I iat6re'd the:president or:'b iiice resident and the attestin --'iecretar d the -ii-j-"'flik" ' facsimile a Power of Attorney granted'pursuant to' y.an esbbl the company may be,a ad by acsimlica 6y- r,--a-�d7the-sion-�iur-o'�f-'-a-iecretir -�t,secretar J% n may be secretary, -or arrdsMits _y-and-.ti�e's6a[6ithe'.-c:om�pa y-m dir�p certificate.-soeie&Ai§ci-and-seai4d shid bindif1g,oriiiihe oomp&ny. M. �`'=IN_WITNESS WHEREOF, the AIUfERICAIV�G 4v%` executed inAti-.na�ne and,on ftvbehalf ant T Z. . ...... y 6(156--c-e mir-15—ef-2 0-0-6 oRied. the 29th'- a, -­.- _". __ t "I JV-1, I - ! _� V. -1 - Lf — 'E ftfqxtayoZi ,CWthis 2996-day of December A f fAny.such power or rceruficaW tti6idof bead jith�r6sp6ctlolady-bdnd. or -undertaking -to which it is -attached .-"continue to -be va kRANTEE AND LIABILITY- INSURANCE COMPANY .W&sse:dau 'd these prpsenpresent:: - 8 . s C6rp6ratey Seal to be affixed and .attested`by Its_ '6filcei's'therdurit �, 01 Paper that detb unaiitfioriz d�Eop yl 9,6haxlrgr PA !"'D tANTEF.AND.ILIABILIT.-Y7!INSURANCE,COMPAN'V.--!�..---� V- r. P.17 ;Executive Hurhele iesiddnt f J;. t add secretary of the kM�i�ICAhi�GliARANTCE.A:t4b-.--LIABiLiT-V. t_c6mmissio d.a'nd qualified; (34iling ,.-.,MbRANCE'C0 . MPA 611 e the individuals and officers described, in dkho.exdCuted the pre, Vz'm: instrument, And they �ea i _the� a6knoWl d execution of the same and;'being by me duly sworn, they severally and each f6r. hiiii -self." y :-,deposed a6d.,saldAhat ihey, respdefive'li'--hold ,ttie-..oMoes.in said Corporation as indicated, that the' Seal- affixed to -the Or6�ln'a- °x- instrument �s the Co rate Seaf of r orra--eI66— -Ne-sala-CoWral[6 S-e-a1_-arfd_thj6W 6� r signat reias _p Ad�tfijt A i afflied andisubsdib6d'to the saidinstrument ail Id corporate q al due pprp' auffidd'zdtibn- j N1WTNESSWHE REOF, PKWa hereunto set my:-hKand�andAWx6d myOfficiai al he day and year first OV6 written I 'HAW: X 1misioA.Wlla[-L ^...[x� 'a�sruriuos 4- Notary My'Cornmission'E*pir's-i 08/22103 Th : is Power of Attorney limits. those fi-anied 'therein to the bonds -and unde . rtakirigs -sp . ecifically.ndm6d ihereih, and they have the of ose '�-Fikiuthority'to bind the Company except _in the _manner 'and to the extent'fibrein stated.' I, the undersigned, a secretary of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY; do'hereby certify that the 4-�-P&er of Attorney. hereinabove set forth is'still in full forte and effect; and further certify that Sectio:n 2 of Article III of -the By -Laws 'of the . Company and the Resolution of the Board of Directors set i1ordh"in-said Power of Attorney are still in force. In testimony whereof I have y name phd1afflidd H6 s651 of pai nth day o0ai ,rV. _mil f DI V David A. Bowers -sec4iW.-Y Serial u6b& 88789789805222001112022 J State of California } } SS. County of Orange e } On Aril 22 2002 , before me, Brad L. Settctast. Notary Public_ , Dale Name and Title of Officer (a g- Jane Doe, Notary Public Personally appeared J.W. Johnson BRAD L. SETTGASTee> +' COMM # 1263698 D LU NOTARY PUBLIC. CALIFORNIA m ORANGE COUNTY Q My Commission :xp::es Feb.14, 2004 ♦ 2♦►+++v♦+vr++M♦ 4��8M444i4404H06A00.6�i ® personally known to me Aundeacs to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. —Apff-VE nnd official seal. Place Notary Seal Above / ahre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document Description of Attached Document Title or Type of Document: BOND Document Date: April 22, 2002 Number of Pages: Signer(s) Other Than Named Above: A.E.S._ CONSTRUCTION GROUP Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner --- ❑Limited ❑ ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01997 National Notary Assoclat.-on . 9350 Desoto Ave.. P.O. Box 2402 . Chatsworth. CA 91313-2402 CALIFORNIA ALL=PURPOSE�ACKNOWLEDGEMENT� State of California County of Los Angeles On April 22, 2002 before me, Cynthia Sabatini, Notary Public personally appeared Art Babcock ® Personally known to me - OR - ❑ CYNTHIA 5ABA11111 Commbslon 01245142 ILINotary Public - Call4omio Los Mgeles cow* f My Cn►rmrr+. Frr+'mc Dec 9, 2t100 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that. he/she/they executed the same in his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WTNES y hand and aci ,I seal. (sl ATURE OF NOTARY) Optional Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fora. Description of Attached Document Title or Type of Document: Bond Document Date: April 22, 2002 Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Sigher(s) J.W.Johnson Signer's Name: Art Babcock I Signer's Name: J.W. Johnson ❑ Individual ® Corporate Officer Title(s) Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: A. E. Schmidt Environmental ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: American Guarantee & Liability Ins. Co. NN Yr tIr- C— I V. -F, E R Ki� 4L U N T 'lr4 Ss zz, n.t!ct APW'� TO 2 "6 t� ZT. '1V F I -my 4L VA 41. FR:, 15 AM I "r"v 'V. A 9- KENN A limb 0 C > rri 0 C) M as ,-M% 00 I 00 I. V) I k,J EA 00 �..& 00 pot 00 SECTION C . PROPOSAL for the HUNTINGTON HARBOUR SEWER PROJECT PHASE II Within an area bounded by EDINGER AVENUE TO THE NORTH, ALGONQUIN STREET TO THE EAST, WARNER AVENUE TO THE SOUTH AND EDGEWATER STREET TO THE WEST. CASH CONTRACT No. 1174 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 160 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this .proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and C- t will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of S z------ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Ogdq6Mdnature 1 4192 v .0- • C-2 PROJECT BID SCHEDULE :Item 1: Estjtnatea n 7; - 7:7 74tem with:u it price-.7-.. -.7 Extended::­ N 0 Quantity. . .... ..... Writteff In woOds'..."'. :.Unit:Pri&::: Arno uht ... I 1 Mobilization of equipment & materials lump sum @ Dollars S 3..,000 S 3,000 Per lump sum - 2 1 Traffic Control per Specs. lump sum @ Dollars S1000 S 2,000 Per lump sum 3 1 Demobilization of equipment & materials lump sum @ Dollars $ 3,000 S3,000 Per lump sum 4 6527 Line 15 " host pipe per Specs. IS. @ I- y --f- j Ami Dollars $65.27 426,017 twenty-seven Cents Per If 5 344 Line t2" host pipe per Specs.Lf Dollars @ Oneh1uneked S 168.82 558, 074. Of si3fy eigh eighty-two Cents Per If. 6 3081 Line 10" host pipe per Specs. LE @ Fi f:Ly-orje Dollars $51 .71 $15 9, 318 . -Cents Per Lf 7 29737 Line 8" host pipe per Specs. @ thirty-one Dollars $31 .76 944, 447. sgyenty--,jx Cents Per IS. 8 676 Re -open service lateral per Specs. ca. @ One hundred four Dollars $104.63 S 70,729. sixty-three Cents Per ea. 9 102 Grind protruding lateral per City requirements. ea. @ Rt-_yt-n hundred RixtW-th s $763.68 S 77,895-. sixty-eight Cents Per ea. 10 1 Remove & Replace Clean -Out per specs. ea. @Fj B2 &j-jqbjt thdnqryj,_jk hnbEd fjUeDollars $ 5 8 F -6 0 5 5$ 605- semmby=-file Cents Per ea. 11 1821 Rehabilitate Manhole per Specs. V1 @ One hundred fifty-four Dollars $I R4 7n $ 981 , 7nFt seventy Cents IPer v.f I 1 11 otaAmount Bid -in_ F4ures. 5 2, 0 8 4, 7 9 7. 0 0 Total Amount Bid in Words: 7,o ntilim ejqhtv_fiaw ............................................................................................ . ................ 30 Ic U. 2 5 70 C-Is (Addendum 1) LIST OF SUBCONTRACTORS • In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 65% MINER WEST 17% Inland Concrete Enterprises 2434 Rubidoux Blvd, Riverside, CA 476110 A By submission of this proposal, the Bidder certifies: rm the balance of all work which is not covered in the w .[irtthe;G a1�C,� v�`l�frnished copies of all subcontracts entered into and bonds furnished by subcontractor fdf,this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH ]BID State of California ss. County of Orange Art Babcock , being first duly sworn, deposes and says that he or she is Vice President of AES_Construction Gr= (AFSr1 the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Art Babcock Name of Bidder Signature of Bidder 8100 Balboa Place, Van Nuys_ CA 9140f; Address of Bidder Subscribed and sworn to before me this day o t * cC , 200 �. NOTARYPU CWWd1ftk=6 to AnoolaI CW* MyCamm. Bcw owt.l= NOTARY SEAL CJ C-a UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON HARBOUR SEWER PROJECT PHASE II; CC- 1174, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person; A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 4 22 2002 • _ AES Constauc=n Gmuip f AESC ] Contractor - aIdArt Babcock By UMM-WOM71 Oyu C-5 DISQUALIFICATION QUESTIONNAIRE in accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. 0 QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 8 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the • Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 . of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 4 22 2002 • AES Construction Gro -- jAF-1;r) Contractor r i� Lvr `fit labc�ck By Vice President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) • No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By 0- Title Date: Note: This form is required for every Dig Alert Identifcation Number issued by U.S.A. •` during the course of the Work. Additional forms may be obtained from the -AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: Bidder Name 8100 Balboa Place, Van Nuyc;, CA 9140F, Business Address Van Nuys CA _ 21406 - City, State Zip 1`8 760372 ., A ri n-- State Contractor's License No. and Class 3/15/1999 Original Date Issued • .1131/2nnl Expiration Date The work site was inspected by Dennis SkipMg of our office on a[]q. 200-2. The following are persons, firms, and corporations having a principal interest in this proposal: Tom_Sower Art Babcock Dante Jumanan C] President Vice President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. AFF; C on_strur_tinn C;rrnp {AFS[J Company Name„ Signature of Bidder Art Babcock Printed or Typed Signature Subscribed and sworn to before me thisc:LKday o f , 2004-_ CYNTHIA SABATINI Commission # 1245142 ! Notary Public - Calitomlo Los Angeles County My r!,.,m,., NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Huntington Beach 2000 Main St. Huntin to Name and Address of Public Agency Name and Telephone No. ofProject Manager. -Dave Verone 214-516-5410 $2,091,750.00 Sewer Lift Station Improvement On lining Contract Amount Type of Work Date Completed 2. E1 S;..5nr&:'Dal'jeU jdnt-er 11.31 7 Chaney Street, T.aka F1 cj none. I -A — Name and Address of Public Agency Name and Telephone No. of Project Manager: Nona Yang 909-674-3146 $1 , 400, 000.00 Installation of forced CPSdeYi ' 8/30/00 Contract Amount Type of Work Date Completed 900 S. Freman Ave. 3. County of Name and Address of Public Agency Name and Telephone No. of Project ;Manager: Michael Ignatius 626-458-31 48 $2 253 387.00 Installati.on• Contract Amount Type of Work Date Completed C-10 The following information must be returned with the bid 0 Bidder's name: AES Construction Qc=_(AESC) Bidder's address: 8100 Balboa Place, Van Nuys, CA 91406 Phone number: _ _ {818) 786-4125 Fax number: _( 818)-186-41 n6 _ Attach a letter to this sheet from the manufacturer stating: 1. The installer listed above is factory licensed and trained. 2. SDR thickness supplied (minimum thickness SDR 35) 3. Have the ability and will supply the necessary amount of material within the construction time frame. List of three certified laboratories that can perform the required ASTM testing. Laboratory number 1: Name: Construction Testing & Engineering Address: 490 E. Princeland Court #7 Corona CA Telephone number: 909-371-1890 Contact person: R;har-cL bra f fgin ,-o; d Laboratory number 2: • Name: Inspection Services Address: • Telephone number: 71 4-531-2278 Contact person: r _ 01 mnc' —Phil Laboratory number 3: Name: DJS Special Inspections Address: 1875 Woodside Drive hou Telephone number: 805-493-1475 Contact person: Don Sunseri C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or x Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: AES Construction Group (AESC) - Contact Person: Art Babc6ck Contact Phone: s Signed: — (AtL - Date: 4/22/02 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-l2 • r 1• City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HUNTINGTON HARBOUR SEWER PROJECT PHASE II CC- 1174 April 17, 2002 Notice To PJI Bidders: Please note the following revision to the Project Specifications, and Technical Provisions: PROJECT BID SCHEDULE Remove existing page C-1s, and insert attached page C-1s (Addendum 1) Any deviation from this notification procedure must be approved by the Engineer. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated April 17, 2002. AES C_o_f� _ nstruction Group (AMC) ... — Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 19 ,2002 To: Wesco Infrastructure Technologies Torrance,CA 90501 Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Maryland for CC No. 1174 Connie Brockway, CIVIC City Clerk Enclosure g:lfollowuplcashconlretum5idbond. doe I Tele phone: 71 A-536.5227 ) BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Wesco Infrastructure Technologies as Principal, hereinafter called the Principal, and the Fidelity and Deposit Company of Maryland _ of 225 S. Lake Avenue, Suite 700, Pasadena, CA 91101 ., a corporation duly organized under the laws of the State of Maryland , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount Bid ----------------------------------------------------- Dollars (S 10% of Amount Bid - - - - ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Huntington Harbour Sewer Project, Phase 11 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of April 2002 Witness Witness Wes Infrastructure Technologies (Seal) Principal Title Fidelity and Deposit Company of Maryland { By Nanette Mariella-Myers Atto y-in-Fact 12100 FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On before me, Rhonda C. Abel, Notary Public DATE NAME, TITLE OF OFFICER- E.G.. "JANE: DOE, NOTARY PUBLIC" personally appeared Nanette Mariella-Myers NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r RHONDA C. ABEL COMM. 4 1312777 (7 .� NO WY FUKL C•CAL'FORh;A' ORANGECOJNTY 0 WITNESS my hand and a Icial seal. COMM. UP. A':G. 9. 2C�.5 � SIGNATURE OF (VOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF. DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.D.13OX 1227, 9ALTIMORE, MD 21207.1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Nanette Mariella-Myers, of Costa -Mesa, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance ese presents, as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ac ed by the elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revoke ucd on be 'anette Mariella-Meyers, dated April 28, 1998. The said Assistant Secretary does hereby certify that the extract set fo the reve creof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN ATMSS WHEREOF, the said Vice -President and Assis have ff subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAP�8th day o'ZA.D. 1998. ATTEST: FIDELITY AND ISIT CO1�ALWY OF MARYLAND By: GIL�e.Ger T. E. SmithAssistant Sec W. A Walbrecher vice -President Sterne of Maryland ss: County of Bahirnore �O On this I Sth day of May, A.D. 1998, before the subsc ' l<ij� tary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMITH, t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and off bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedit�tstntment is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. } wrn q Car 1 J. Fader Notary Public My C iss' Expires: August 1, 2000 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of �DOoZ Assistant Secretary L1428-012-5025 e e i sue$ s. x n. - - _•' .-0e. f - ' CITY OF HUNTINGTON BEACH City Clerk Second Floor 2000 Main Street Sxs � 3 v _r -::_ •' - Huntington Beach,•2648 i.: 'y- `� _ .,.,.E '^,r t 1T-'L. "`�"" '� `,x _ +' '�. x 7 `r•"' "1s` '-+, wpdw �, �, F r �' »C � ,��, ';•a'x s'*"'-.r�•-•�k �'�"`��°s ..i- -_>%h. n"'*..:. n c ,z -E,�., _v. ..�•��, .. SECTION C PROPOSAL for the HUNTINGTON HARBOUR SEWER PROJECT PHASE II Within an area bounded by EDINGER AVENUE TO THE NORTH, ALGONQUIN STREET TO THE EAST, WARNER AVENUE TO THE SOUTH AND EDGEWATER STREET TO THE WEST. CASH CONTRACT No. 1174 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 160 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award. BIDDER agrees to enter into a contract with AGENCY at the unit and. -"or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and -for lump sum prices bid include all appurtenant expenses, taxes, royalties. fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and C-1 will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. It'4`4 F99 4.0 Accompanying this proposal of bid, find ,Za2� in the amount of S G Which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature O C-Z PROJECT BID SCHEDULE item: . Estimated . . .......... ...... :.l:::.:Item:-witF:unit:price::I 1:1::::, ............... :-::�:F,1tended::::::: ... .... ... ......... ............... .......... ........ ........ . .... ........... . .. Uh1t:PH&:' I Mobilization. of equipment & materials lump sum @ Dollars S 3,000 S _3 000 Per lump sum 1 Traffic Control per Specs. lump sum @ T1N0 TTfrL)54-,P-iD Dollars S 2.,000 $ 2,000 Per lump sum - 1 Demobilization of equipment & materials lump sum @ !Lb?:e7E TTWU!g^p Dollars $ 3,000 $ _1000 Per lump sum 4 6527 11 Line 15 " host pipe per Specs. @Mipi-Y -1-41N& ')ollars �q. 00 S �- S 215q$55�� 7-F-P-0 Cents Per Lf. 5 344 Line 12" host pipe per Specs. @ Dollars S 1?4_00 $ -Z Cents Per Lf. 6 3081 Line 10" host pipe per Specs. @ fffi FAY `ONE Dollars S 31.00 SIG 5 I. - Cents Per 11 7 29737 Lf. Line 8" host pipe per Specs. @ C7 t:E Dollars s '28 Cents Per Lf. 8 676 ea. Re -open service lateral per Specs. @ 2F;me:t-ji)5 - Pi �tf Dollars -7 s 5, 00 $ So 700- Cents Per ea. 9 102 ea. Grind protruding lateral per City requirements. @ HIINDRe D_ Dollars S 300' .0(S Cents Per ea. 10 1 Remove & Replace Clean -Out per specs. ea. @ CND $ It 000 $ 000- —Dollars -Z Cents Per ea. 11 1821 V.f Rehabilitate Manhole per Specs. @ ONEDollars 100 S 7=F11L2 Cents Per v.f )V C-Is (Addendum 1) LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class pip JWcoLlGt-} o CD{�IST� 4JG��01� , L—P I sco190,5017 ' 3 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NOrCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L , being first duI sworn, de oses and says that he or she is N of str r the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. T. C. ANDERSON 0 COMM. # 12.35485 (�QCOMM. NOTARY PUBLIC-CALIFORNIAC) LOS ANGELES EXP. SEPT. 24, 25031 Name of Bidder J r�� v MA ��r. • : . 20100 s.yksfero A,/(f . T rrar)c-�, Cl\ 1501 Address of Bidder Subscribed and sworn to before me this 22 day of OPR%L- , 200 V NOTARY PU13LIM ' " U4-4� NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON HARBOUR SEWER PROJECT PHASE 11; CC- 1174, (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title S, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: &L4 L o�L scc � �cls�rvcfure ��noi�res , Contractor Z I I;r By 6-11 Ger crci I _ MonmpL Title - C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Cl Yes *No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-G COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 4p-, L We�c,-cx Tnfr�c dru r T r�►-yloi iI�?s Contractor �J By C I Marla Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Gf�N�e _ Title Date: A-FP4 Note: This form is required for ei•ery Dig :alert Identification Number issued by G'.S. A. during the course of the Work. Additional forms may be obtained from the AGEA'CY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Y�Co I rJ��C� 1C fZJ Ri TECH r� > 7t E Bidder Name Business Address TbP�RATI D r - City, State Zip (-3I G ) 2�1-� - Telephone Number -� 30 I � H- tN, g, "-Z- . NAG State Contractor's License No. and Class 1 00 0 Original Date Issued N f - ')- 002. Expiration Date The work site was inspected by C�xL.Xa. of our office on ¢— ?moo , 200 The following are persons, firms, and corporations having a principal interest in this proposal: 0 Mf C-0 L f C4-1 , PiI 21 DFs1 F VH-N M . I+F- SL EE r� lNe96,0 aN1 BN&4 G-7S , Ii CG- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C Signatuk'of Bidder Je Is Printed or Typed Signature Subscribed and sworn to before me this 22—day of AEP-1 L_ , 200-'2- NOTARY PUBLIC n/ l." � .��` T. C. ANDERSON 1235 FORNIA NOT RAY P BLIC CAL Los AWELES COUNTY 1 o COMM. EXP. SEPT. 24,2003 ; NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: jG15 5 1`�cr>�n id P 1. Lam(/S ANF�1 � COUIiTY aN I TAVO N I STFIGT 5 Wini fifif IV Name and Address of Public Agency r Name and Telephone No. of Project Manager: I omTunq E� & j (O S�iiNF .. I Li 1�`r]G r� CFE� .� Contract Amount Type of Work Date Completed nn ' 1,156 ",kryon 2. Los A EF -s CLUb(TY S N )TA-1-IN i STRicrs Name and Address of Public Agency Name and Telephone No. of Project Manager: ANTtor-1Y Meony t tqm Coo q62 - w6 y2 Kill 1 Is. o o � Contract amount 3. C I TY f, aj, t- 0 5'1= Name and Address of Public A Date Completed 8 0 I N- Fi r St - Roern 3po SArl JoSE,CA'IS I10 Name and Telephone No. of Project Manager: Aline korn JGs} 2lI-'`� S ntract Amount Type of Work Date Completed C-10 The following information must be returned with the bid Bidder's name: N1 -Sc:QIN CTEuC FUF— M C-CI}ni0 LOCZES. Bidder's address: 201 C0 S -y\IEST -R� Po-IE - T-ORI-fWCI , CA CIO 5 01 Phone number: (z 10,2- ,4- 5cw Fax number: (a1 o) .3-;)-Q - 118 I Attach a letter to this sheet from the manufacturer stating: 1. The installer listed above is factory licensed and trained. 2. SDR thickness supplied (minimum thickness SDR 35) 3. Have the ability and will supply the necessary amount of material within the construction time frame. List of three certified laboratories that can perform the required ASTM testing, Laboratory number 1: Name: F-A TF, IC l L2DW LIVEIES �� n1C . Address: 1141014 oFA AVFnIVE PAP-A"cUNT, GA 90 Telephone number: Contact person: 1 . MAcE laboratory number 2: Name: HfCUSF LA-&cE ,H— Address: 5 555 .� R-POP--T }3 LA(D eD I � . CO so �a 1 Telephone number: O) lqov q"$D 5 'Contact person: P1�pa�T- Laboratory number I Name: PAC.G(=1C �� ST1l\r� �-%A3 r�ATT FBI S Address: 50 tjggI1-F5' LVF_ . V NG1A,cA I 5S Telephone number: � � 25 Ti 1-3-% Contact person: 6EPA-2-12 GANE - BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135 * Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that.10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-com fiance with Section 3 could result in disqualification. C-12 BOARD OF PUBLIC WORKS MEMBERS CITY OF Los ANGELES CALIFORNIA DEPARTMENT OF PUBLIC WORKS VALERIE LYNNE SHAW PRESIDENT ELLEN STEIN VICE-PRESIDENT PRAINE&WP99M G&MAA5ioER COMMISUIBONEtAVA ,LAMES A. GIBSON SECRETARY REC'D DEC 2 0 20 John Heisler WESCO Infrastructure 20100 S. Western Avenue Torrance, CA 90501 Dear Mr. Heisler: JAMES K. HAHN MAYOR December 18, 2001 BUREAU OF ENGINEERING VITALY B. TROYAN, P.E. CITY ENGINEER 650 SOUTH SPRING ST.. SUITE 200 LOS ANGELES. CA 90014.1911 GENERAL INFORMATION Tel.:213-9704766 Fax:213-97&0278 Re: Approval Status - Wesco CIPP Pipe Rehabilitation Formulated with Texon "Sprint" Felt and Chemtron B-9220 Vinylester Resin This is in response to your letter dated December 17, 2001. We have completed our investigation and are granting equivalence to your cured -in -place pipe rehabilitation system. Trade Name: Wesco CIPP Approved Use: Sanitary Sewer and Storm Drain Pipe Rehabilitation Installation: SSPWC Section 500-1.4 as modified by Standard Plan S-610 Size Range: 4" to 96" Resin: Chemtron B-9220 vinylester Felt tube: Texon "Sprint" Polyester felt coated with 15 mils polyurethane on the face exposed to flow. Flexural Modulus: 300,000 psi initial 175,000 psi for 50-year design Tensile Strength: 4,000 psi initial These changes will be incorporated into the next revision of our "Approved List of Sanitary Sewer Products". If there are any questions, please contact me at (213)847-8777. Sincerely, Hugh S. Lee, Engineer of Design 650 S. Spring Street, Suite 400 Los Angeles, CA 90014-1913 HL:hl wesco3.wc6 cc: D. Li, SED J. Ellison, EoD W. Lawson, WCED - MIS 538 T. Gorman, Materials Control - MIS 480 AN EQUAL EMPLOYMENT OPPORTLlNFrY - AFFIRMATIVE ACTION EMPLOYER City of Huntington Beach Public Works Department RECT APR 1, 8 2002 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HUNTINGTON HARBOUR SEWER PROJECT PHASE II CC- 1174 April 17, 2002 Notice To All Bidders: Please note the following revision to the Project'Specifications, and Technical Provisions: PROJECT BID SCHEDULE Remove existing page C-1s, and insert attached page C-Is (Addendum 1) Any deviation from this notification procedure must be approved by the Engineer. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated April 17, 2002. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 19 ,2002 To: ZZ Liner Inc. 539 West 140th Street Gardena, CA 90248 Enclosed please find your original bid bond issued by. _5afeco Insurance Company of America for CC -No. 1174 Connie Brockway, CMC City Clerk Enclosure g:lfollowuplcasheonlretumbidbond-doe (Telephone: 714.536.5227 10 SAFECO' BID BOND KNOW ALL BY THESE PRESENTS, That we, ZZ LINFR, INC. SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA of 539 West 1401h Street, Gardena, CA 90248 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA �ffoWgLFglled( v& y�C Surety are held and firmly bound unto TTN 2000 Main St., Huntington Beach, CA 92648 (hereinafter called the Obligee) in the penal sum of Ten percent of amount bid. Dollars (S 10% of Amount Bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH. That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Huntington Harbour Sewer Proiect Phase tl NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void, otherwise to remain in full force and effect. Signed and sealed this 19th day of April I , 2002 . i 0 Witness JjAzZ -C Melissa 13ea ier Witness ZZ LINER. INC. (mil) Principal Chris D. Scarratt, President Title SAFECO INSURANCE COMPANY OF AMERICA y Lisa t,. mton Attorney -in -Fact 0 Registered trademark 0 SAFECO Corporebm. ICALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Ap,;.L 19, 9009 before me, Martha A. Gonzales Nota Public , personally appeared Lisa L. Thornton personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARTHAA. GONZALES = COMM. #1323886 NOTARY PUBLIC • CALIFORNIA N y LOS ANGELES COUNTY My Comm. Expires Oct. S. 2005 Martha A. GonZale POWER m SAFECO Insurance Co any S A F E C O� P0 Box 34526 r OF ATTORNEY Seattle. WA 98124-1526 No. 6843 SNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *`*E. S. ALBRECHT, JR.; C. K. NAKAMURA; LISA L. THORNTON, TRACY ASTON; MARIA PENA; HARRIET LAMBELL; BETTY WALKER; MARINA TAPIA; TOM BRANIGAN• CLARICE LEE; RICHARD E. BIGLEY• Los Angcics, Catifomia•****"*'*•*•••+«•«•««••«««•*««"`•*«"*'••«««.«...«*.,«.««««r**....*«**.«..«.*«r.• its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCS COMPANY OF AMERICA have each executed and attested these presents this S1h day of November . 2001 R.A. PIERSON, SECRETARY MIKE M PGAVI'CK"PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attomays-in-fact or under other appropriate titles with authority to execute on behalf of the company fideRty and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (ili) Certifying that said power-of-attomey appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation rl SEAL o� er�sln/ S-09741SAEF 2101 this 19th '\ SEAL x A day of April R.A. PIERSON, SECRETARY 2002 ® A registered trademark of SAFECO Corporation 1118101 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On AQril 22.2002 before me, Joyce Ann Armi jo, Notary Public Cale Name and Title of Officer (e.g.. -Jane Doe, Notary Public") personally appeared Chris D. Scarratt Name(s) of Signer(s) lal personally known to me - 13R P pisaved lie er, the basis of saii0eeley evidei to be the person" j whose name(e) isfafe subscribed to the within instrument and acknowledged to me that he/e e4k" executed the � � NON same in his/ O authorized capacity{ie*, and that by �n �hi8�efilikei signatureH on the instrument the personM, Notay Public -C 11b or the entity upon behalf of which the person(e) acted, LOS AngeieS C" executed the instrument. -MY Comm. zWIresApr3,i�4 WITNESS my and and official seal. i Signature of Notary Pubsc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: G ❑ L J L Individual Corporate Officer Title(s): _ Partner — ❑ Limited C General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: n J F Number of Pages: Individual Corporate Officer Title(s): Partner--- Limited E. General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top oi thimb here 0 1995 National Notary Association - 8236 Remmef Ave., P.O. Box 7184 • Canoga Park, CA 9t 309-7164 Prod. No. 5907 Reorder: Call Tall -Free I-S00.876-6627 _ - i k--. r:A' ems' T i 9^iiti.= +�r.Yii%•l�� �•L F i . ' r ZZ LINER, INC. 539 WEST 140T" S,rpEET GARDENA, CA 90248 • i LICENSE # 669620-A �4.. tJ i 1 I wr_C1. ^r t'9�i�'�, - _ '� r �i.y ".� .y ... ... _:�_-.:F•�:�'i: r�.aE� �7J CITY OF HUNTINGTON BEACH CITY CLERK'S OFFICE, 2" FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SEALED PROPOSAL ENCLOSED HUNTINGTON HARBOUR SEWER PROJECT PHASE If (CC NO. 1174) Bm DATE 04/23/2002 @ 2:00 PM l ' SECTION C PROPOSAL for the HUNTINGTON HARBOUR SEWER PROJECT PHASE II Within an area bounded by EDINGER AVENUE TO THE NORTH, ALGONQUIN STREET TO THE EAST, WARNER AVENUE TO THE SOUTH AND EDGEWATER STREET TO THE WEST. CASH CONTRACT No. 1174 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 160 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and;`or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and [a] will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. 10% of Accompanying this proposal of bid, find a bidder's bond in the amount of S bid amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: addenda No. Date Received 8idde s i nature 1 Aril 19 2002 / Zlrrs .- C-2 PROJECT BID SCHEDULE Item Estimated :::..:: ter w thunit price Extended No. Quantity : :v►ri#ten an:wot'ds . : > Unit Price": Amount 1 [ Mobilization of equipment & materials lump sum @ Dollars $ 3,000 _ S 3 00 Per lump sum 2 I Traffic Control per Specs. lump sum @ Dollars $ 2,000 S 2,000 Per lump sum 3 1 Demobilization of equipment & materials lump sum @ Dollars S 3,000 1000 Per lum2 sum 4 6527 Line 15" host pipe per Specs. I.f. @ ]Eifb f'N Dollars CID $ .40 7&M Cents Per Lf. 5 344 Line 12" host pipe per Specs. [.f. @ 5j±y fi te Dollars $ _lg,AioA 7.4W Cents Per H. 6 3081 Line 10" host pipe per Specs. l.f. @ Tb i1 Dollars $ $ Zel^C} Cents Per I.f. 7 29737 Line 8" host pipe per Specs. 1.f. @ Dollars p�1 $ �• VV $ Cents Per Lf. S 676 Re -open service lateral per Specs. ea. @ Fortu nirne Dollars $ 4A,O $ 11124 C° Zel~D Cents Per ea. 9 102 Grind protruding lateral per City requirements. ea. @ Three hUndild nron Ale Dollars $ 00 S 7&.1•Q Cents Per ea. 10 1 Remove & Replace Clean -Out per specs. ea. @ Seven thQiAWnd Dollars $ i.000, $ OM. Zf— rO _ Cents Per ea. 11 1821 Rehabilitate Manhole per Specs. v.f @ om huhdred & Dollars Cents Per v.f C-Is (Addendum 1) LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Hem 610 J 5L C ur&_rgrand EererW Engineer+r9 Rose sftmi, ffigtmfc� Rem # 11 Sa.ncon"irete--irng a, Inc. eerLri%C, HUVdJDft8MJ%CA_q2W179 7 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Chris D. Scarratt , being first duly sworn, deposes and says that he or she is President of ZZ LINER. INC. ___ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to 6x the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ZZ LINER, INC. Name of Bidder Signature of Bidder Chris D. Scarratt, President 539 West 140th Street Gardena CA 90248 Address of Bidder Subscribed and sworn to before me this 22nd day of April , 200 2 1 l0YeE C°mm[ssbn # 120M Notary i'ubncLOS _ C MY OmAngc.-es C" NOTARY PUBLIC oyce Ann Armijo NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON HARBOUR SEWER PROJECT PHASE II; CC- 1174, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of erperience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: April 22, 2002 ZZ LINER, INC. Contractor a By Chris D. Scarratt President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. Q[:ESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Aril ZZ LIFER INC. Contractor By Chris D. Scarratt President Title C-7 BIDDER'S INFOR,'1rIATION BIDDER certifies that the following information is true and correct: ZZ LINER INC. Bidder Name 539 West 140th Street Business Address Gardena CA 90248 City, State Zip ( 310 ) 329-8717 Telephone Number 669620 — Class A State Contractor's License No. and Class December 22, 1992 Original Date Issued April 30, 2003 Expiration Date The work site was inspected by Chris D. scarratt of our office on April 20th 2002. The following are persons, firms, and corporations having a principal interest in this proposal: N/A C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Signature of Bidder Chris D. Scarratt Pre Printed or Typed Signature Subscribed and sworn to before me this22nddav of April , 2002 . I ep JoY6f A N ARMIIo Ccf�Nn 1 Cal1forft LOS NOTARY PUBLIC «"" -.�.�- �..._ MYCom,M9eles C°unit' �*)IrRlc An, -2 4oyce Ann Armi j o NOTARY S1✓al` Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. Please see attached Projects List... 3 Dame and Address of Public Agency Tame and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Dame and Address of Public Agency Dame and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Dame and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 2002 PROFILE JOB # CODE PROJECT NAME & LOCATION _ J OWNER and/or GENERAL CONTRACTOR 182 6 CafTrans - RPV Storm Drain Rehab Colich & Sons, LP for CalTrans Grant Wood 323/770-2920 Rehab apex 160 If -30" CMP w1CIPP Lining_ 120 So, Spring St, Los Angeles, CA 90012 2131897-3631 183 6 rCify San Diego - College Area Swr Pipe Replacement I Phillips National Inc. Larry Sherry 858/654.4247 Rehab appx 480 If -8' sewer w/CIPP Lining 9192 TopazWay, MS 901, San Diego, CA 92123 184 5 Camp Pendleton MCB - Pump Stn Repairs SEA PAC Engrg for Dept of Navy D,Metts Rehab 8" & 10" sewer pipe w1HDPE Lining Dept of Navy, 1220 Pacific Hwy, San Diego, CA 92132-5190 185 5&6 City of L.A EQ U-279 & U-370 Tomovich Construction for City of Los Angeles Hassan Masoud Rehab 8",10" & 12' w/HDPE & 693'-15" w1CIPP Lining 200 No Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 186 5 City of L.A. EQ U-347 M. Grbavac Construction for City of L.A. Hassan Masoud Rehab 8' & 10' sewer pipe w/HDPE Lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 187 5 City of Huntington Beach - Misc. Swr Lining Phase I City of Huntington Beach Todd Broussard 714/536-5431 Rehab 8',10" & 12" w/HDPE Lining 2000 Main Street, Huntington Beach, CA 92W 188 5 City of L.A. EQ U-301 & U-303 Williams Supply for City of Las Angeles Hassan Masoud Rehab appx 884 If of 8" w/HDPE Lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 189 6 Rehab of Dist No.5 Main Trunk County Sanitation Districts of L.A. County Calvin Jin 3101638-1161 Rehab appx 152 If of 1SAn w/CIPP Lining 1955 Workman Mill Road, Whittier, CA 90601 x-6803 190 5 City of L.A. EQ U-349, U-350 & U-351 John T. Malloy for City of Los Angeles Hassan Masoud 2131847-8565 Rehab appx 9,239'- 8' & 959'-10" WHO PE Lining 200 No. Spring St, Rm 355, Los Angeles, CA 900124801 191 5 Soledad Canyon Trunk Swr Section 4 Rehab County Sanitation Districts of L.A. County Matt Zuro 562/699-7411 Rehab appx 277 If of 15" w1HDPE Lining 1955 Workman Mill Road, Whittier, CA 90601 x-3512 Total 10 projects. Averago Contract amt: $182,789.94 Zl ,y-a2 HOPE lining, 6=CIPP lining, 7=CCTV or misc. Further information will be supplied upon request CONTRACT BID START COMPLETE 01/03102 01/15/02 01/31/02 12/18/01 N687-99-D 01/19/02 02/01/02 02/28/02 6443 E2002671-85 02120/02 E2003052.64 E2002942419 02/27/02 CC No. 1178 03/05/02 E2003163-170 031 13102 E2003124-130 PO #28077 02/28/02 E-2002761 03/27/02 PO #28662 03/27/02 Bid #01967 TOTAL 2002 to data: $1,827,889.40 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 2001 PROFILE JOB it CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR 2001 _ _ - 173 5 L.A. County Sanitation - Figueroa St. Relief Trunk Swr Mike Bubalo Const. for L.A. County Sanitation District No.2 Rehab appx 1,298 If of 12' w1HDPE Lining 1955 Workman Mill Rd, Whittier. CA 3101638-1161 x-6308 174 5 Lake Oroville State Recreation Area, Butte County Duke Sherwood Contr Inc. for CA Dept Parks/Rec. RobertThorne Rehab 3,238'- 6". ! 069'- 8',3 428' 10" & 991'-12" wfHDPE lining One Capital Mall, #500. Sacramento. CA 95814 707/644-8949 175 6 i City San Diego - Sewer Group 539 . ^ BRH-Garver Inc. for City of San Diego John Ousar Rehab appx 1,530 If - 24' sewer main w/CIPP Lining _ 1010 2nd Ave, #500. San Diego. CA 92101 619/533-7443 176 6 Vallejo Sanitation - RDIII Reduction - Area 5 j KJ Woods Construction for Vallejo Sanitation John Ashley Rehab appx 490 if of 18' with CIPP Lining _ I 450 Ryder st, Vallejo, CA 94590-7217 5411758-0235 ext-3488 177 5 City L.A. Harbor District CSRP Unit 5 Swr Rehab Mike Prlich & Sons Inc. for City of L.A. David Lee Rehab appx 1,633 If of 8' with HDPE Lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8957 178 5 City San Diego - Sewer Group 2000 Orion Construction for City of San Diego Nabil Batta Rehab apex 1,208 If - 8' sewer main w/HDPE Lining 1010 2nd Ave, #500, San Diego, CA 92101-4998 6191533-5191 179 5 City San Diego - Sewer Group 677 S.C. Valley Engrg, Inc. for City of San Diego Rehab apex 285 If - 8' sewer main w/HDPE Lining 1010 2nd Ave, #500. San Diego. CA 92101-4998 6191533-5191 180 6 City Mesa - Jackson Dr. Swr Improv S.C. Valley Engrg, Inc. for City of LaMesa Driss Elwardi Rehab appx 866 If - 6" & 200 If- 8' w/CIPP Lining J 8130 Allison Ave, La Mesa, CA 91941-5002 6191667-6611 181 5 City of San Diego Sewer Group 697 Ortiz Corporation John Brito 619/482-4288 Rehab apex 906 If - 6' w/HDPE Lining P.O. Box 5574, Chula Vista, CA 91912 CONTRACT BID START COMPLETE 3850 08123/01 08/31101 02/01/02 K01067C 09/04/01 02/01/02 08/09/01 02/04/02 SZC 11241 08/23/01 1W22/01 12/31/01 K02019C 11/02/01 K02018C 10/04/01 WO 174351 Bid 05-01 11/06/01 K02027C 11 /07/01 wo 175331 Total 26 projects. Average Contract arnt: $98.709.14 TOTAL 2001 to data: $2,575,414.95 22J;ir-02 HDPE lining, 6=CIPP lining, 7=CCTV or misc. Further information will be supplied upon request U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 2001 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR 2001 155 5 City of San Diego Sewer Group 637 Dietrich Corp. for City of San Diego Ed Shoemaker 6191447-4800 Rehab apex 116 If of 8' by HDPE Lining 600 B Street, Ste 800, San Diego, CA 92101 156 5 Caltrans - San Diego C.A. Rasmussen, Inc. Ron Gaines 619/641.9281 Rehab appx 123 If of 8' by HDPE Lining 4628 - 40th St., San Diego, CA 92116 157 6 City of Redondo Beach, Basin III Sewer Rehab ARA Engineering for City of Redondo Beach Steve Huang Rehab appx 84 If of 12-inch by CIPP Lining _ 415 Diamond St, Redondo Beach, CA 90277 310f318-0661 158 fi City Los Angeles -Warner Ave. & Edgeley Ct. 1 Papac Construction Co., Inc for City of L.A Rehab appx 146 If of 12-inch by CIPP Lining I 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 159 6 City of Compton - Alondra Blvd, Pavement Rehab ! Sequel Contractors, Inc. for City of Compton Augustus Ajawara Rehab appx 3514 If of 8" to 18' with CIPP Lining i 205 W. Willowbrook Ave, Compton, CA 90220 310/605-5507 160 5 City of San Diego Sewer Group 489 Pacific Southwest for City of San Diego Alan Navarro 6191533.7482 Rehab aPpx 240 If of 6' with HDPE Lining 600 B Street, Ste 800, San Diego, CA 92101 161 5 City of San Diego - Home Ave. Accel Swr Repair Cal -Southwest for City of San Diego Luis Duenes 858/627-3262 Rehab appx 490 If of 6" & 182 If of 8" w/HDPE Lining 600 B Street, Ste 800, San Diego, CA 92101 162 6 L-A. County Sanit. - Lamanda Park Ext Swr Rehab L.A. County Sanitation Dist #16 Sam Espinoza 5621699-7411 I Rehab 254'-27', 10'-24', 252'-22', 206'-18' w/CIPP Lining 1955 Workman Mill Rd., Whittier. CA 90607 163 City of San Diego - Sewer Group 660 Cal -Southwest for City of San Diego John Bnto 858/713-0533 CCTV at Time and Material Rates 600 B Street, Ste 800, San Diego, CA 92101 164 6 City of San Buenaventura - Sunset Dr. Storm Dra'WRpF­j City of San Buenaventura Andrew Brozyna 805/654-7743 Rehab appx 336 If of 30" Drain w/CIPP Lining - 501 Pot! St, PO Box 99. Ventura, CA 93002 165 5 City of Los Angeles - So. Central Area CSRP Unit 2 Tomovich Construction for City of Los Angeles Thomas Woo Rehab appx 1080 if of 8" with HDPE Lining 200 No, Spring St, Rm 355, Los Angeles, CA 90012 213/485-0952 166 6 City L-A. -Sanofre Dr/Casale Dr. Storm Dram Lee Construction Co. for City of L.A Rick 805/522-5195 Rehab appx 212 It of 18" Drain w/CIPP Lining -__ , 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 167 5 Job cancelled 168 6 Extension Trunk Sewer L.A. County Sanitation District Chuck Boehmke 3101638-1161 Rehab appx 373 If of 18" VCP w/CIPP Lining [Rehab 1955 Workman Mill Rd.. Whittier, CA 90607 169 5 L.A. County Public Works - Princeton St, City Terrace L.A. County Dept Public Works Harout Kassabian 6261455-3118 Rehab appx 10,362 if of 8' w1HDPE lining 900 So. Fremont Ave, Alhambra, CA 91803 170 5 Monterey Park - Sanitary Sewer Repairs/Rehab City of Monterey Park V. Bermudez 8181307-1325 Rehab appx 1,515 If of 8' w/HDPE Lining 320 W. Newmark Avenue, Monterey Park, CA 91754 171 5 City of Santa Monica Earthquake Damaged Sewers M. Grbavac Construction for City of Santa Monica (310) 458-8721 Rehab appx 1978 If - 8', 1,581 -10', 203'-12' w/HDPE 1685 Main Street, Santa Monica, CA 90401 172 7 City of Los Angeles - LA EQ RPR U-276 John T. Malloy, Inc. Justin Malloy 323f780-9941 CCTV appx 30,000 If of 8' VCP 200 No. Spring St, Rm 355, Los Angeles, CA 90012-4801 22-AP-02 HDPE lining, 6=CIPP lining, 7=CCTV or misc. CONTRACT BID START COMPLETE K99224C 01/03/01 02/15/01 02/28/01 11-048664 01/12/01 02/15/01 02/28/01 02/01/01 02/05/01 02/28/01 SZS11180 02/08/01 03/01/01 03/31/01 03/01 /01 10/01 /01 01 /31 /02 K01045 02/02/01 needs to be rebid K99263C 03/16/01 11/01/01 02128/02 16-08.06-32 0329101 In Progress K20068C 05/01/01 12/15/01 1251101 Spec 2001-101 04/25/01 06/15/01 09/30/01 SZC 11153 05/12/01 EXX51409 05/16/01 11/15/01 12/31/01 0625/01 09/01 /01 09/30/01 SMDAC0079 07103/01 11/01/01 02/28/02 Spec no. 693 07/17/01 08/01/01 10/31/01 SP1802 08/06/01 WO E2002487 - 08/16/01 In progress E2002493 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 2000 PROFILE # CODE PROJECT NAME & LOCATION OWNER andlor GENERAL CONTRACTOR CONTRACT BID START COMPLETE —JOB 2000 - — - 143 5 City of L.A. - Hollywood Atwater - SZC11222 05/04/00 cancelled 144 5 cancelled BRH-Garver Inc. for City of San Diego 6191265-0537 cancelled 145 5 City of San Diego - Sewer Group 635 BRH-Garver Inc. for City of San Diego 619/265-0537 K20083C 10/01/00 10/31/00 Rehab appx 186 If of 6-in sewer by HDPE Lining 6974 Mission Gorge Road, San Diego CA 92120 W00173381 146 5 City of L.A. - El Sereno Area Sewer Rehab Vasili Const. for City of Los Angeles 9091599-2845 SZC11221 08/09/00 02/01/01 02/28/01 147 6 148 5 149 7 150 5 Rehab appx 107 If - 6" & 1094 If - 8' sewer by HDPE Lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 City of L.A. - Figueroa/Wadsworth etc CSRP Tomovich Construction for City of Los Angeles 6261443-3627 Rehab appx 782If - 8-in sewer mains CIPP Lining 200 No. Spring St. Rm 355, Los Angeles, CA 90012 2131847-8565 Rancho Palos Verdes - Sail View & Seabreeze Ave. Pacific Heritage Development Homes, Inc. 9491292-4528 Rehab appx 787 If - 8-in by HDPE Lining 15707 Rockfield Blvd, Ste 255, Irvine, CA 92618 Miscellaneous Time and Material jobs Various SZC11208 08/09/00 03/15/01 04/30/01 16-016-000 07/15/00 08/30/00 Cather Sewer Rehab for City of San Diego J.G. Pipeline, Inc. Jim Parraga 6191981-2695 Bid K01013 Job Cancelled P.O. Box 1089, National City, CA 91951 W.O. #174481 151 6 PCH & Daisy, Long Beach Siphon for County Sanitab n TL Pavlich Construction, Inc. Tom Pavlich 9091425-8680 Rehab appx 294 f - of 33-in VCP Siphon by CIPP Lining 7256 Weaver St, Highland, CA 92346 152 5 San Diego Metro Wastewater - Catalina BI Trunk Swr Ph II Ortiz Corporation John Brito 6191482-4288 Rehab appx 3,250 If of 8-in swr by HDPE Lining P.O. Box 5574, Chula Vista, CA 91912 153 6 City San Francisco -Third St. Sewer Improvmenls Ph III I Harty Pipelines Inc. 4151585-6023 Rehab appx 276 If of 12' by CIPP Lining 4085 19th Ave., San Francisco, CA 94132-3054 154 5 City of San Diego at Florida St, Florida Ct So, Calif, Underground Contractors Jim Jackson 6191584-7193 Rehab appx 250 If of 6' by HDPE Lining P.O. Box 1747, Brea, CA 92622-1747 22+yr-0z HDPE lining, 6=CIPP lining. 7=CCTV or misc. Further information will be supplied upon request Total 27 projects. Average Contract amt: $92,484.15 12/31/00 cancelled 10/01/00 11/30/00 Bid K01107 10/19/00 06/01/01 09/30/01 CW234 09/28/00 03/01/01 03/31/01 SCU#636 01/06/01 01131/01 TOTAL 2000 to date: $2,497,072.15 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 2000 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR 125 6 City of L.A. - Chantilly Stradella Atlas Underground Co. for City of L.A H. Loya 9091465-5710 appx 212' of 30", 5' of transition & 20' of 42" by CIPP I P O. Box 951, Chino, CA 91708-0951 126 6 Palos Verdes No. Slope Trunk Swr Sect. 2 Rehab L.A. County Sanitation District 5621699-7411 Rehab appx 853 If of 10" conc pie swr rehab by CIPP 1955 Workman Mill Road, Whittier, CA 90601 127 5 City of L A. - Emerg Swr Mt. Angeles/Elevado & Evadale M. Grbavac Construction for City of Los Angeles 6261355-1350 rehab appx 187 if - 6" & appx 127 If 8" by HDPE Lining 1235 Ramona Rd., Arcadia, CA 91006 128 5 City of San Diego - Swr Grp 473 Arrieta Construction, Inc., for City of San Diego rehab appx 272 If of 6' sewer main by HDPE Lining 1215 No. Marshall Ave., El Cajon, CA 92020 129 5 Holly Hills Coiich & Sons for L.A. County 626/458-3118 900 So. Fremont Ave, Alhambra, CA 91803 Angela George 130 5 L.A. County Public Works - Grape Street Sanitary Sewer L.A. County Public Works 6261458-3118 Rehab appx 4,555 If of 8-in by HDPE lining 900 So Fremont Ave, Alhambra, CA 91803 Angela George 131 5 L.A. County Public Works - Trancas Zone Sanitary Swrs L.A. County Public Works Angela George 6261458-3118 Rehab appx 7,016 if of 8" & 269 If of 10' HDPE lining 900 So. Fremont Ave, Alhambra, CA 91803 132 5 & 6 L.A. County Public Works - Marina del Rey Sanitary Swrs- L.A. County Public Works Angela George 6261458-3118 Rehab 8"&10" by-HDPE & 2,329 If of 12' & 15" w/CIPP 900 So. Fremont Ave, Alhambra, CA 91803 133 5 City of L.A. - Emerg Swr Russell Ave. M. Grbavac Construction for City of Los Angeles 626/355-1350 rehab appx 461.0 If of 8" sewer by HDPE Lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 134 5 City of Los Angeles - Eagle Rock CSRP, Unit 2 Vasilj-Ivanko, Inc., for City of Los Angeles 9091599-2845 Rehab appx 684 If of 8' swr HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 135 5 & 6 City of Los Angeles - LA EQ RPR U-260 John T. Malloy, Inc. for City of Los Angeles 3231780-9941 Rehab appx1458'-8-in & 291'-12-in by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 and a x 330 if - 18-in & appx 397_If ­- 20-in by CIPP 136 5&6 City of San Diego - Accl Sewer Repl Proj #2 DJF Construction for San Diego County 6191444-1416 Rehab 6", 8" w/HDPE Lining & 18": w1CIPP Lining 1010 2nd Ave, Ste 500, San Diego, CA 92121 137 5 City of San Diego - Sewer Group 661 B So Cal Underground for City of San Diego J,Jackson Rehab appx 110 If - 6" swr pipe by HDPE lining 1010 2nd Ave, Ste 500, San Diego, CA 92121 138 5 City of San Diego - Sewer Group 663 Foss Environmental Services Robert Russell 6191233-2903 Rehab appx 110 If - 6" swr pipe by HDPE lining 909 E. Harbor Dr., San Diego, CA 92101 139 5 CSULB Technology Park - for City of Long Beach Sully -Miller Jaime Gonzalez 7141578-9626 Rehab appx 108 If - 8' swr pipe by HDPE lining 909 E. Harbor Dr., San Diego, CA 92101 140 6 Hollyh�n Unit 5-A - L.A. County DPW [Rehab appx 335 if - 21" cement B'" swr pipe by CIPP lining] So Cal Underground Ge 619/584-7193 909 E. Harbor Dr., San Diego, CA 92101 141 5 City of Los Angeles - LA EQ RPR U-253 Williams Supply for City of Los Angeles 8051654-8202 Rehab appx 3,202 If of 8-in & 703 If -12" swr pipe by HDPE lin 200 No. Spring St. Rm 355, Los Angeles, CA 90012 2131847-8565 142 5 City of Mill Valley - 2000 Sanitary Sewer Rehab TGH Pipelines Inc. Jerry (415) 945-3288 Rehab 6-in, 10-in & 12-in by HDPE Lining PO Box 38. Larkspur, CA 94977-0038 CONTRACT BID START COMPLETE WO E4000277 01/07/00 06/01/00 07/31/00 01/25/00 07/01/00 08131/00 SZC11207 01/27/00 03101/00 03/31/00 02/04/00 03/01/01 03131/01 01 /05/01 07/31 /01 CC 2016 03/08/00 05/01/01 08/31/00 CC 2022 031*28/00 05/01/01 09/30/00 CC 2020 04/04/00 11/01/00 03/31/01 SZC1l1182 04/12/00 09/15/00 10131/00 SZC11129 04126/00 09/15/00 12/31/00 WO E2002487 - 0328100 08/01/00 10f31100 E21102493 K20043C 05/20/00 11/01/00 05/20/00 03/01/01 03/31101 05/20/00 11/01/00 01131/02 JN 20042C 04/25/00 01/06/01 01/31/01 05/20/00 07/01 /00 09/30/00 E2002378-2381 03/14/00 06/01 /00 11/30/00 10/01/00 12/31/00 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A • 1999 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE — 1999 — — — 119 5 City of Los Angeles - Hollywood Area Swr Unit 1 Prkacin Co. for City of L.A. 949/495-4849 WO SZC11135 11/10/99 02101/01 04/30/01 Rehab appx 2679'- 8' & 1712'-6' pipe by HDPE lining 200 No, Spring St, Rm 355, Los Angeles. CA 90012 213/847-8565 120 5 City of Los Angeles - Lowry Street Emerg Sewer Rpr Clarke Contracting for City of Santa Monica, Ca 310/542-7724 10115/99 11/01/99 Rehab appx 154 If of 6-in pipe by HDPE Lining 4646 Manhattan Beach BI, Lawndale, CA 90260 121 5 San Diego County Wtr Auth - Sewer Group 638 DJF Construction for San Diego County 6191682-4100 K20023C 05101/00 06/30/00 Rehab appx 520% 8' & 400'-6' pipe by HDPE lining 3211 Fifth Avenue, San Diego, CA 92103-5718 122 6 City of Los Angeles - Marquez Right of way Colich & Sons for City of L.A. 3231770-2920 WO SZS11151 02101/00 05/31/00 Rehab appx 260 If of 42-in pipe by CIPP Lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 123 5 L.A. Zoo - Red Apes of the Rainforest Project #572 S.J. Amoroso Const. - Keith Speer 323/906-1523 572 01/01/00 01/31/00 Rehab appx 280 If of 10' & 12" pipe by HDPE Lining 275 E. Baker Street, Ste B, Costa Mesa, CA 92626 124 5 City of L.A. Emerg Swr Rpr - Pacific Palisades M. Grbavac Construction for City of Los Angeles 6261355-1350 WO SZS11207 12/23/99 12124M 12i31/99 Rehab appx 1382% 8' pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 224Wa2 HDPE lining. 6=CIPP lining, 7=CCTV or misc. Further information will be supplied upon request Total 41 projects. Average Contract amt: $144,276.93 TOTAL 1999 to date. $5,915,354.02 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1999 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE - -- 1999 101 6 City of Manhattan Beach'- Swr Reconstruction Proi 1 Colich & Sons for City of Manhattan Beach 1998-1999 01/31/00 Rehab 1,005 LF of 6" & 8' sewer pipe by CIPP lining_ J 547 W. 140th St, Gardena, CA 90248 Ted Polich 323/770-2920 102 5 City of Hermosa Beach - Swer Rehab on PCH/Gould City of Hermosa Beach 05/31/00 Rehab 400 If of 8' sewer pipe by HDPE lining 1315 Valley Drive. Hermosa Beach, CA 90254 310/318-0239 103 6 City of Tijuana, Mexico - Suluciones Subterraneas J & R Fernandez Carlos Torres 011-526-049-9794 103-1 01/31/00 Rehab appx 889-18" & 370'-12' sewer by CIPP lining 245 No. Mountain View Ave., Pomona. CA 91767 9091629.7279 104 5 City of Los Angeles - Mercury Ave Swr Rehab G. Grbavac Construction for L. A. Public Works 626/442-2356 W.O E2000951 08/17/99 04/15101 05/31/00 Rehab 2,060 If of 6' and 8' sewer pipe by HDPE lining 200 No, Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 105 5 City of Los Angeles - LA EQ RPR U-235 G. Grbavac Construction for L. A. Public Works 626/442-2356 07/13/99 11/01/99 01/31/00 Rehab appx 1.750 If of 15' sewer pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles. CA 90012 2131847-8565 106 5 Elsinore Valley Muni Wtr Dist. - Canyon Lake Relining DenBoer Engrg & Const. for EVMWD 760f327-2200 07/13/99 11/15/99 12/31/99 Rehab appx 161': 6' & 1226': 8" swr pipe/HDPE lining 68-175 Berros Court, Cathedral City, CA 92234 107 5 City of Los Angeles - LA EQ RPR U-245 G. Grbavac Construction for L. A. Public Works 626/442-2356 W.O E2002301 08/17/99 09/15/99 1013l/99 Rehab 918.6 It of 8-in swr pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/647.8565 to E2002305 108 5 City of Los Angeles - Eagle Rock Area M. Grbavac Construction for City of Los Angeles 6261355-1350 WO SZC11133 08/01/00 10131/00 Rehab 3,371.0 If - 8', 10' & 12' pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 109 5 City of San Diego - Sewer Group 615 Cal -Southwest for City of San Diego John Brito 6191586-9293 Swr Grp 615 09/15/00 10131/00 Rehab appx 1,091 If - 8' swr pipe by HDPE lining 8996 Miramar Rd., ##21Q San Diego, CA 92126 110 5 City of Los Angeles - LA EQ RPR U-255 & U-263 M. Grbavac Construction for City of Los Angeles 626/355-1350 E2002424 to 08/01/00 08/31/00 Rehab 728': 8' & 336':12' swr pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 E2002435 111 5 City of Los Angeles - LA EQ RPR U-231 Williams Supply for City of Los Angeles 805/654-8202 E2002165 01/06/00 01/31100 Rehab appx 201 If of 8-in swr pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 112 5 City of Los Angeles - Eagle Rock CSRP. Unit 3 Williams Supply for City of Los Angeles 8051654-8202 WO SZC11130 02/01/00 04/30/00 Rehab 356'- 15"149T-12"11140'-8' swr HDPE lining 200 No Spring St. Rm 355, Los Angeles, CA 90012 213/847-8565 113 5 So. Inglewood -Orange Ave. Trunk Swr Extension No.2 L.A. County Sanitation District, No. 5 5621699-7411 Ext #2 01/05/00 03/31/00 Rehab appx 2,420'-107258%8" swr pipe HDPE lining 1955 Workman Mill Road. Whittier. CA 114 5 City of Los Angeles - LA EQ RPR U-247 Vasil/-Ivanko, Inc.. for City of Los Angeles 9091599-2845 11/15/99 12131/99 Rehab appx 1,060 If of 8-in swr pipe by HDPE lining 200 No, Spring St, Rm 355, Los Angeles, CA 90012 213/547-8565 115 5 Chalon Road Storm Drain Repair Colich & Sons for City of L.A. 323/770-2920 12/01/99 12/31/99 Rehab appx 74 If of 12-in swr pipe by HDPE lining 200 No. Spring St. Rm 355, Los Angeles, CA 90012 213/847-8565 116 6 City of El Cajon - Petree St & Pierce St. Easement Bert W. Salas Inc. 619/502-7711 12/01199 03131/00 Rehab appx 169' of 36" & 155 of 71'x 47' by CIPP linings 10748 Keith St., Santee, CA 92071 117 5 City of Los Angeles - LA EQ RPR U-240 Prkacin Co. for City of L.A./. 94914954849 EO Rpr U240 03/15/00 04/30/00 Rehab appx 1500 If of 8-in swr pipe by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 118 5 City of Los Angeles - LA EQ RPR U-216 Prkacin Co. for City of L.A. 94914954849 E2002064 to 11/09/99 11/01/00 01/31/01 Rehab appx 3002'-8-in by HDPE lining & add 1,244 8' 200 No. Spring St. Rm 355, Los Angeles, CA 90012 2131847-8565 E2002074 U--Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1999 PROFILE JOB # CODE PROJECT NAME & LOCATION _ OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE - 1999 T 84 5.6 L. A. Earthquake Repair SWRS U-221 M. Grbavac Construction for City of Los Angeles 6261355-1350 07/31/99 City of Los Angeles 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 85 5,6 Basin III Sewer Lining Project, no 7545 City of Redondo Beach Steve Huang 310/318-0661 #7545 06/30/99 City of Redondo Beach 415 Diamond Street, Redondo Beach, CA 90277 86 6 5,456 If - 15' and 216 If - 18" CIPP Lining Cal -Southwest for City of San Diego Jihad Sleiman 174911 12/31/99 Chollas Valley Trunk Sewer Ph.1, San Diego 1010 2nd S1, Ste 500, San Diego, CA 92121 619/533-5154 87 6 3,510 IF- 12" and 2,574 - 18' CIPP Clarice Contracting for City of Santa Monica, Ca 310/542-7724 Proj. 7 & 7A 12/31/99 IRpr Equake Damaged Sanitary Sewer, Santa Monica 4646 Manhattan Beach BI, Lawndale, CA 90260 88 5 City of L.A. EQ U-198 W.O. #E2001957-1959,2047 Tomovich Construction for City of Los Angeles 6261443-3627 E2001957-1959 07/30/99 Mid -City area of Los Angeles P99-025 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/647-8565 2047 89 5,6 11982 If - 8-/ 318 if- 12-/ 650 Ir - IV CIPP f 12,028118- f 0PF I City of Chino Nabil Kassih 909/6274577 x-366 E99-79 07/30/99 City of Chino Sewer Improvements FY 1998-1999 i 13220 Central Ave., Chino, CA 91710 90 5 City of Buena Park City of Buena Park Chris Ludlum 7141562-3500 PO #100012 07/30/99 Lining of Existing Swr Mains 1998-1999 various 6650 Beach Blvd, Buena Park, CA 90620 91 5 L.A County Public Works - 91 st St. Sanitary Sewers L.A. County Public Works 6261458-3118 12/30199 Rehab appx 13,646- 8-in 12,500'-15-in HDPE lining 900 So. Fremont Ave, Alhambra, CA 91B03 92 5 City of Los Angeles L.A. EQ-228 Tomovich Construction for City of Los Angeles 6261443-3627 E2002148 to 02/28/00 Rehab appx 4,500 If of 8" & 10' HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 E2002154 93 5 City of L.A. - Slauson Ave & Hillcrest Dr Tomovich Construction for City of Los Angeles 6261443-3627 E2000952 09/30/99 Rehab 490 If - 101n by HDPE lining 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 94 5 City of San Clemente City of San Clemente Gary Voborsky 9491498-2533 19603 08/31/99 Boys and Girls Club Sewer Rehab 910 Calle Negocio, San Clemente, CA 92673 95 5 City of Los Angeles Bridle Trail Sewer Rehab City of Los Angeles C.Bemard Galpin/Kiran Vasa 213/847-8850 E2000199 12f31199 Rehab appx 3,871 If - 84n by HDPE fining 433 So. Spring St, Ste. 600, Los Angeles, CA 90013 96 5 City of Los Angeles -NOS Vanowen St Swr Rehab City of Los Angeles C.Bernard Galpin/Kiran Vasa 2131847-8850 E2001544 05131/00 Rehab appx 4,629 if - 15-in by HDPE lining 433 So. Spring St, Ste. 600, Los Angeles, CA 90013 97 5 City of Los Angeles / Broadway Sewer Rehab, Ph 1 Valley Crest Landscape Contractors for City L.A. 8181834-1000 E6000514 03/31/00 Rehab appx 1,257 If - 12" & 508 If - 10' HDPE lining 200 No, Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 & E2002411 98 6 Fdty of Rialto City of Rialto Bruce Cluff 9091820-2530 Proj #555 08f30100 Rehab appx 7,587 If of 8" sewer mains by CIPP lining 150 So, Palm Ave., Rialto, CA 92376 PO#2000-0323 99 5 City of San Diego - Sewer Group 641 BRH-Garver Inc. for City of San Diego K99230C 12131/00 Rehab 500 If of 6" sewer pipe by HDPE lining 1010 100 5 City of San Diego - Group 634 Swr Main Replacement Cal -Southwest for City of San Diego Jahn Brito 6191586-9293 K99242C 12/31/99 Rehab 1,116If of 6" and 8' sewer pipe by HDPE lining 8996 Miramar Rd., #210, San Diego, CA 92126 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1998 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE 1998 69 5 Engle & Co Metal Processors Engle & Co. Metal Processors Paul Segal. 213/589-8111 04/30/98 Los Angeles Plant 8440 So. Alameda Street, Los Angeles, CA 90001 70 6 14,000 If of 8' to 15" CIPP Colich & Sons for USAF, Sgt McLaughlin 8051734-8232 x68437 01/31/99 Vandenburg AFB, Vandenburg, CA 547 W. 140th Street, Gardena, CA 90248 71 5 Hon Industries Hon Industries 3191262-7565 05/31/98 Los Angeles Plant 505 Ford Ave.. Muscatine, to 52761 72 5 Victorville Prisons Bali Construction for Victorville Prisons 818/442-8003 05/31/98 YkIDIVAe, CA P.O. Sax 3095, So. 3=J Monte, CA 91733 73 5,6 San Diego Group 529 272 if - 30' CIPP Dietrich Corp. for City of San Diego Ed Shoemaker 619/447-4800 02/28M Buchanan Canyon I 1243 Greenfield Drive, Suite H. El Cajon, CA 92021 74 C&S - Beacon St / Manchester cancelled 75 Ocean Trails cancelled 76 J&C Underground - mist. cancelled 77 5 City of Burbank, Ph lI Williams Supply for City of Burbank 8051654-8202 0713l/00 Earthquake Repair - Damaged Sewers, Bid 993 2368 Eastman Ave., Ste 2, Ventura, CA 93003 78 5,6 City of National City Storm Drain Rehab City of National City 6191336-4200 Spec 98-3 07/30/99 Rehab 1243 National City Blvd, National City, CA 91950 79 6 704 i( - 18- and 282 If - 24" CIPP City of San Clemente Ben Parker 949/498-2533 01/31/99 Storm Drain Rehab Proj, San Clemente, CA 910 Calie Negocio, San Clemente, CA 92673 80 6 270 If of 18' CIPP Harty Pipelines, Inc. for City of San Francisco 02128/99 PinelDelancy St. # CW-121, San Francisco, CA 4085 19th Ave., San Francisco, CA 94132 81 5 Whitley Terrace G. Grbavac Construction for L. A. Public Works 6261442-2356 P98-113 02/28/99 City of Los Angeles 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 82 5 City of Burbank, Ph III, Bid no. 1001 Williams Supply for City of Burbank 805/654-8202 07/31/00 Rehab appx 47,035 If of 8-in HDPE lining 2368 Eastman Ave., Ste 2, Ventura. CA 93003 83 5 City of Oakland 3,136 If - 8" HDPE Lining D'Arcy & Harty Construction, Inc, for City of Oakland 4151822-5200 C-70810 1W31199 #C70810 Shepherd CynlSnake/Saroni/Robles 1300 Carroll Avenue, San Francisco, CA 94124 HDPE lining, 6=CIPP lining, 7=CCTV or mist. Total 12 projects. Averago Contract amt: $406.290.65 TOTAL. 1998: $4,875,487.70 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620A 1997 PROFILE JOB # CODE PROJECT NAME _& LOCATION OWNER and/or GENERAL CONTRACTOR— CONTRACT 1997 52 Seaside & Linden, Long Beach City of Long Beach - Water Dept. #703000 53 54 55 56 57 58 59 60 61 fit 63 64 65 66 67 68 Repair Storm Drain 1800 E. Wardlow, Long Beach, Ca. 2,5 Wilmington U13 & U14 Sewer Rehab. City of Los Angeles 2131847-6327 Wilmington U16A Concrete Sewer Replacment 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 3,5 Sewer and Water Group Job 618 City of San Diego Saeed Askari 6191627-3263 Spec, 6802 1010 Second Ave. #500. San Diego, CA 92101 1.5 Sewer Rehabilitation City of Compton A.Ajawara 3101605-5507 4836 LF 8' and 6' HDPE pipe lining 205 South Willowbrook Ave, Campton, CA 90220. 5 Sanitary Sewer Improvements in City of Simi Valley John Behjan 8051583-6404 Rancho Santa Susama Community Park 2929 Tapo Canyon Road, Simi Valley 93063 15 North Harbor Unit 1 Sewer Rehabilitation City of Los Angeles 2131847-6327 164th & Vermont W.O. E2000858 600 S. Spring St., Los Angeles 5634 LF lining, 255 LF replacement 5 Sewer Rehab - Group 645 City of San Diego - Mahmoud Oriqat 6191624-3262 9485 Aero Drive, San Diego, CA 92123 5 Sanitary Sewer Rehab City of Monterey Park 81 Bt307-1346 Casuda Canyon Drive & Corporate Center Dr. 320 W. Newmark Avenue, Monterey Park, CA 91754 5 L.A. Earthquake EO U-206 Colich & Sons for City of L.A. 2131770-2920 South Los Angeles, CA 200 No. Spring St. Rm 355, Los Angeles, CA 90012 2131847-8565 5 San Diego Group 622 Ortiz Corporation for the City of San Diego 6191482-4288 P.O. Box 5574, Chula Vista, CA 91912 5 Whittier Boulevard, et al Sanitary Sewer County of L. A, Public Works Daniel Heald 6261458-3122 Cash Contract no. 1955 P.O. Box 1460, Alhambra, CA 91802-1460 5 job cancelled 5 L.A. Earthquake Repair U-215 West L.A. - La Cienega 5 L.A. Earthquake Repair U-222 Sherman Oaks 5 L.A. Earthquake Repair U-217 North L.A. - Arleta 5 L.A. Earthquake Repair U-214 LA. - Los Feliz Area 5 L.A. Earthquake Repair U-195 L.A. - Sunset & Western Total 16 projects. Average Contract amt: $278,724.25 C-95505 SEW/C97-004 SV 97-26 #C-95606 W.O.#173101 Reg 42-PU Cash #1955 Colich & Sons for City of L.A. 2131770-2920 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 Tomovich & Assoc. for the City of L.A.D.P.W. 626/443-3627 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 Rondeau/Phelps JV for the City of L.A R.P.W. 510/577-6740 200 No. Spring St. Rm 355, Los Angeles, CA 90012 213/847-8565 Williams Supply for City of L.A. D.P.W. 8051654-8202 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 Williams Supply for the City of L.A. D.P.W. 8051654-8202 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 TOTAL 1997: $4,459,588.00 BID START COMPLETE OB/31 /9 7 04/30/98 04/30/98 10/30/97 08/30/97 04/30/98 03/30/99 10/31/97 04f30198 07/30/98 01/30/98 cancelled 05/30/98 05/30/98 06/30/98 06/30/98 07/30/98 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1996 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE 1996 42 5 Sewer Group 76 Suncoast Pipeline Inc. (for City of San Diego) #1045-2 04/30/97 San Diego 6643 Convoy St., San Diego, Ca 619/495-0580 44 5 19% umg Beath Rehabiiitation City o1 Ung Beath - Wakw Dept. #tdD 2475 139mi98 1800 E. Wardlow, Long Beach, Ca. 45 5 Phase V Sanitary Sewer Rehabilitation City of Palo Alto - Silvia Santos #37763 11/30/97 250 Hamilton Ave, Palo Alto, CA 94303 Palo Alto, Ca. 94303 415/329-2471 46 5 Palos Verdes Colich & Sons (For City of Palos Verdes) Emergency Repair 547 W. 140th Street Gardena, Ca. 90248 213f770-2920 47 5 Eagle Rock Sewer Rehabilitation City of Los Angeles 213/847-6327 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 48 5 1995-96 Sewer Main Replacement Andes Construction (for Redwood City) Dan Mayorga 11/30/96 Redwood City 5305 E. 12th St., Oakland, Ca. 94601 5101536-7832 6' sewer in backyard easements 49 5 Sewer Group 72 City of San Diego - Saeed Askari 619/627-3263 05/31/97 6' & 8' sewer lines in canyons 9485 Aero Drive, San Diego, CA 92123 50 5 Sewer Group 80 City of San Diego - Saeed Ashari #287256 05131/97 6- & 8' sewer lines in canyons 9485 Aero Dr. San Diego, CA 92123 6191627-3263 51 5 Swain Land Andes Construction (for City of Oakland) #C61210 03/31/97 Oakland 5305 E. 12th St., Oakland, Ca. 94601 Dan Mayorga 5101536-7832 Total 9 projects. Average Contract arnt: $643,880. TOTAL 1996: $5.794.923.00 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1995 PROFILE JOB # CODE PROJECT NAME & LOCATION OWNER and,or GENERAL CONTRACTOR CONTRACT BID START COMPLETE 1995 25 5 Goodrich Blvd. Sanitary Sewers County of Los Angeles #CM30170 01/31/95 ACOP No. 29 Commerce 900 S. Fremont, Alhambra, CA 26 5 Broadway Sewer Replacement Project City of Los Angeles 2131847-6327 #G-91185 93rd & Colden 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 27 5 Sanitary Sewer Rehab. 1994 Bayshore Sanitary District 02/28/95 San Mateo 36 Industrial Way. Brisbane. CA 94005 28 5 Sewer Rehab. C52230 & 52240 Andes Construction (for City of Oakland) 09/30/96 Oakland 5305 E. 12th Street, Oakland, a. 94601 30 5 1994 Water & Sewer Main Replacement ]Rehab Lash Construction, Inc. (for City of Santa Barbara) #95-01 11/30/95 City of Santa Barbara Public Works 721 Carpenteria St., Santa Barbara 31 5 Coated Steel Tank Continental Maritime of San Diego 12/31/94 1995 Bay Front, San Diego, CA 92113 33 5 MTD Unit 1 Los Angeles Engineering East Compton Creek Huntington Beach 4134 Temple City Blvd, Rosemead, CA 91770 34 5 Emergency repair City of Long Beach - Water Dept. 1800 Wardlow Rd., Long Beach 35 5 Emergency Sewer Repair City of San Gabriel PO 5476 03/31/95 San Gabriel 532 W. Mission Dr„ San Gabriel, Ca. 36 5 Request Street Manhole Rehab. Valley Sanitary District 6191347-9979 N018-95 Indio 45-500 Van Buren, Indio, Ca. 92201 37 5 San Jose Rehabilitation 4th Street Sani- M & G Construction (for City of San Jose) 12f31/96 tary Sewer 3 Heather Way, Larkspur, CA 94939 38 5 Emergency sewer repair City of Long Beach - Water Dept. PO 967014-95 05/31/95 1800 Wardlow Rd., Long Beach 39 5 Altawood Drain County of Los Angeles Kelli Smith 051.31/95 Altadena 900 So. Fremont, Alhambra, Ca. 40 5 Project C52230 Andes Construction (for City of Oakland) 01/31/96 Oakland 5305 E. 12th Street, Oakland, Ca. 94602 41 5 Phase IV Sanitary Sewer Rehabilitation City of Palo Alto #C5074899 08/31/96 250 Hamilton Ave., Palo Alto. Ca. 94303 Total 15 projects. Average Contract amt: $167,678 TOTAL 1995: $2,515,170.00 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1994 PROFILE JOB # CODE PROJECT NAME & LOCATION _ OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE 1994 12 City of San Diego - Public Works #42703 Lakeside & Spring Valley Bldg. 2-5555 Overland Ave. San Diego, Ca. 92123 14 5 Concrete Sewer Rehabilitation City of Long Beach - Water Dept. WD-2000 02/28/95 WD 23-94 1800 Wardlow Rd., Long Beach 15 5 Sewer Group 492 City of San Diego 05/31/95 City of San Diego 1010 Second Ave. #500 San Diego, Ca. 92101 16 5 Sewer Group 99 El Cajon Grading (tor the City of San Diego) #6601 City of San Diego P.O. Box 967, Lakeside, Ca. 92040 6191861-9840 17 5 Watershed 22 Trunk Upgrade Mountain Cascade, Inc. (for Central Contra Costa Sanitary Dist.) Los Arabis Dr., LaFayette 555 Exchange Court Livermore, Ca. 94550 510/373-8370 18 5 8" sewer lining for County of Los Milan Grbavac Const. Co., Inc.. 07/31/94 Angeles Public Works Project P.O. Box 660219, Arcadia, Ca. 91106 19 5 Sewer Main Relining SP1383 Colich & Sons (for City of Santa Monica) 10/31/95 Santa Monica 547 W. 140th Street, Gardena, Ca. 90248 2131770-2920 20 5 Emergency Repair 6` sump line City of Long Beach - Water Dept. 10131/95 1800 Wardlow Rd., Long Beach 21 5 Project P:096 Cox Construction (for Naval Air Station) #941631-1 OW1196 Naval Air Station - San Diego 3170 Scott St., Vista, Ca. 92083 619/727-9020 22 5 Group 72A City of San Diego 10/31195 Mission Hills 1010 Second Ave. 4500 San Diego, Ca. 92101 23 5 Casita Way Sewer Rehabilitation J F Pacific Liners (for City of Sacramento) 11/30/94 Sacramento 70 Union Way, Vacaville, Ca. 95687 Line 13 manholes 24 5 #E2000397 Clyde Ave. Sewer Rehab. Mike Prlich & Sons (for City of Los Angeles) 12f31195 Geer Ave. & Homeside 200 No. Spring St, Rm 355, Los Angeles, CA 90012 2131847-8565 Total 12 projects. Average contract amt. 196.355. TOTAL 1994 $2,356,260.00 U-Liner West and National Liner West divisions of ZZ LINER INC., License no. 669620-A 1993 PROFILE JOB # CODE PROJECT NAME 8 LOCATION OWNER and/or GENERAL CONTRACTOR CONTRACT BID START COMPLETE 1993 1 5 Vermont Ave. Sanitary Sewer Colich 8 Sons (for County of Los Angeles) 04/01/93 10/30/93 Phase II Los Angeles 200 No. Spring St, Rm 355, Los Angeles, CA 90012 213/847-8565 213/770-2920 2 5 Atwater District Mainline Sewer Colich 8; Sons (for City of Los Angeles) 3 5 Sewer Rehab. & Repair Proj. 93-10 CIP 2013 4 5 Line 8' pipe 5 5 Rehab. 6' sewer line Westchester Area 6 5 Second Street Bridge Sewer Force Main Rehabilitation 7 5 East 16th Street Water Main Improve. Costa Mesa 8 5 High School Sewer Line Rehab. 9 5 Wolf Creek Sewer Rehab. #9 11 5 Sewer Rehabilitation Santa Barbara Total 11 projects: Average contract amt: 5136,781 200 No. Spring St. Rm 355, Los Angeles, CA 90012 2131847-8565 2131770-2920 National City 1243 National City Blvd. National City, Ca. F 8 A Dairy of Calif, Inc. 691 Inyo Street (P.O. Box 578) Newman, Ca. 95860 Bakersfield Public Works Dept. 1501 Truxton Ave. Bakersfield, Ca. 93301 8051326-3724 City of Long Beach - Water Dept 1800 Wardlow Rd. Long Beach, Ca. Mesa Consolidated Water District 1965 Placentia Ave. Costa Mesa, Ca. 92628 City of Grass Valley 125 E. Main Street, Grass Valley, CA 95945 City of Grass Valley 125 E. Main Street Grass Valley, Ca. 95945 Tierra Construction (for City of Santa Barbara) P.O. Box 1719 Goleta, Ca. 93116 Private WD-1961 MC 1324 #93-24 #93-38 E'i3ifil TOTAL 1993 $1,504,589.50 08/01/93 08131/93 05/01/93 10131193 12/31/93 12/31/93 12/31/93 12/31/93 The following information must be returned with the bid Bidder's name: ZZ LINER, INC. Bidder's address: 539 West 140th Street, Gardena, CA 90248 Phone number: 310/329-8717 Fax number: 3101322-0981 Attach a letter to this sheet from the manufacturer stating: 1. The installer listed above is factory licensed and trained. Please see the attached letter... 2. SDR thickness supplied (minimum thickness SDR 35) Yes the minimum thickness will be supplied... 3. Have the ability and will supply the necessary amount of material within the construction time frame. Yes, our supplier has the ability and will supply the necessary amount of material within the construction time frame... List of three certified laboratories that can perform the required ASTM testing. Laboratory number 1: Name: HTs, Inc. Address: 416 Pickering Street, Houston, TX 77091 Telephone number: 713/692-8373 Contact person: Larry McMichael Laboratory number 2: Name: __Ramtech Laboratories, Inc. Address: 14104 orange Avenue, Paramount, CA 90723 Telephone number: 562/_633-4824 Contact person: Dave Macey Laboratory number 3: Name: CRT Laboratories Address: 1680 N. Main, Orange. CA Telephone number; - Contact person: Kin Le j enngp C-11 12707 ;worth Freeway, Suite 592 Houston, Texas 77060 (281) 874-0111 National Envirotech Group, L.L.C. (800) 547-1Fax (28i)874-0333 Fax January 14, 1998 To Whom It May Concern: Re: Certification of National LineT4`4 Licensee/Installer The following is to certify and warrant compliance for the installation of Cured - In -Place Pipe (CIPP) utilizing the National Liner CIPP rehabilitation process. The National Liner CIPP product installed by National Liner West dba ZZ Liner, Inc. is designed via the requirements of ASTM F-1216 and the installed product fully exceeds all the requirements of ASTM F-1216. National Liner West, as our authorized licensed installer, has fulfilled all necessary training requirements to be proficient in the installation of National Liner CIPP product. In summary, National EnviroTech Group L.L.C., through our licensee/installer, National Liner West, look forward to offering you a commercially acceptable CIPP rehabilitation technology we are very proud of. Regards, 6 Ray M. Pavlic Director of Marketing National O Liner. J3 )ARD MEMBERS WORKS L.ITY OF LOS ANGELES CALIFORNIA E RESIi)ENTIN VALERlE LYNNE SHAW VICE PRESIDENT MASISEL MARIN PRESIDENT PRO.TEM TOD A. BURNETT WOODY FLEMING JAMES A- GIBSON SECRETARY Chris Scarratt Coretco, Inc. 225 West Third Street Long Beach, CA 90802 Dear Mr. Scarratt: RICHARD J. RIORDAN MAYOR August 23, 1999 DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING VITALY B. TROYAN, P.E. CITY ENGINEER 650 SOUTH SPRING ST.. SUITE 200 LOS ANGELES, CA 90014-1911 Re: Chemical Resistance Testing of National Liner CIPP Formulated with Chemtron B-922ONL or Interplastics VEX-200-518 W.O. BDO01439 This summarizes two series of SSPWC 210-2.3 tests performed by our General Services Testing Laboratory. For your use, we are enclosing Lab Report No. 2000-514-17 and 2000-514-19 dated August 16, 1999. Resin Supplier: Chemtron B-9220NL vinylester, Pleasanton,.CA. Felt Tube Supplier: National Liner using polyurethane -coated Applied Felts felt material assembled in Martinsville, VA. Designated Use: Cured -in -place pipe for sewer rehabilitation of host pipes 4" through 80". Qualifying Test Report No.: 2000-514-17 dated August 16, 1999. Tentative Physical Properties: 1) Initial ASTM D790 Flexural Modulus: 250,000 psi minimum 2) Assumed tong -term ASTM D2990 Flexural Modulus: 62,500 psi minimum 3) Initial ASTM D638 Tensile Strength: 6,000 psi t 20% (4,800 psi to 7,200 psi). 4) Initial ASTM D638 Elongation: 1.1 % t 10% (1.0% to 1.2%). 5) initial ASTM D2440 Shore "D" Hardness: 81 ± 5 (76-86). Summary of Chemical Resistance Test: 1) Weight change: Passed. 2) Retention of Hardness: Passed. 3) Retention of Tensile Strength: Passed, strength gains were observed in sulphuric acid, ammonium hydroxide and BOD. 4) Retention of Elongation:- Passed, some reaction was observed in sodium hydroxide, ammonium hydroxide, nitric acid, ferric chloride, soap and bleach. overall, the CIPP material is determined to be _satjsfUtory for use in sanitary sewers. This pipe is eligible for use in City of Los Angeles sewers on a trial basis for storm drain and sanitary sewer pipe rehabilitation projects. Resin Supplier: Interplastics VEX-200-518, Minneapolis, MN. Felt Tube Supplier: National Liner using polyurethane -coated Applied Felts felt material assembled in Martinsville, VA. Designated Use: Cured -in -place pipe for sewer rehabilitation of host pipes 4" through 80". Qualifying Test Report No.: 2000-514-19 dated August 16, 1999. ADDRESS ALL COMMUNICATIONS TO THE CITY ENGINEER AN EQUAL EMPLOYMENT OPPORTUNITY — AFFIRMATIVE ACTION EMPLOYER RODAWA l+rlMnanwcynbgnu. � C. Scarratt - 2 - August 23, 1999 Tentative Physical Properties: 1) Initial ASTM D790 Flexural Modulus: 250,000 psi minimum. 2) Assumed long-term ASTM D2990 Flexural Modulus: 62,500 psi minimum. 3) Initial ASTM 0638 Tensile Strength: 8,500 psi t 20% (6,800 psi to 10,200 psi). 4) Initial ASTM D638 Elongation: 2.2% t 10% (2.0%,to 2.4%). 5) Initial ASTM D2440 Shore "D" Hardness: 80 t 5 (75-85). Summary of Chemical Resistance Test: 1) Weight change: Passed. 2) Retention of Hardness: Passed. 3) Retention of Tensile Strength: Passed, some reaction was observed in sodium hydroxide, detergent and bleach. 4) Retention of Elongation: Passed, a reduction was observed in all chemical solutions. Overall, the CIPP material is determined to be gatisfactory for use in sanitary sewers. This pipe is eligible for use in City of Los Angeles sewers on a trial basis for storm drain and sanitary sewer pipe rehabilitation projects. If you have any questions, please contact Hugh Lee at (213)847-8957. Sincerely,, VITALY B. T OYAN, P.E. City Engin x B Clark W. obins, Engineer of Design Y g Structural & Geotechnical Engineering Division cc: A. Lisenko, Materials Control - MIS 480 W. Shioji, CSED - MIS 538 CSED - MIS 538 CD Bid & Awards - MIS 501 National Liner Design Calculations Project : City of Huntington Beach Design By: National Liner West Design assumptions are as follows: Design Criteria D := 8 Mean inside diameter of existing pipe (in) H := 20 Height of Ground cover (ft) HL4 := 15 Height of Groundwater (ft) Nb := 2 Factor of Safety against Buckling q := 2 Qvality of original pipe F, :=1000 Modulus of Soil Reaction ys :_ 120 Soil Unit Weight (PCF) 6; := 4500 Flexural Strength (psi) E := 300000 Initial Flexural Modulus of Elasticity EL := 12500o Long -Term Flexural Modulus of Elasticity S :_ .07 Slope of a given section (%) for flow analysis n; :_ .015 Manning's roughness coefficient for vitrified clay (0.013-0.030) of :_ .O1 Manning's roughness coefficient for polyurethane lined CIPP 4 az �z FIEss10, vA� F RA x NO. c ova • BUCKLING REQUIREMENT - FULLY DETERIORATED PIPE Minimum thickness to meet buckling criteria is determined from Luscher's equation as shown. r Hw Rw:= 1 - .33. -H R��: = 0.7- Water buoyancy factor 1 B' := 1 B' = 0.48 Coefficient of Elastic Support 1 + 14.e( 0-065•H)I W:= I 1800 AASHTO H2O Loading defined as a function of depth in feet. 800 Values shown are pounds per square foot. 600 400 He := H - 1 250 �� H Live load defined as a function 175 144 of depth. 100 W] = a Live Load (PSI) 100 qt := 0.433•11, + �Rw 144 � � w1 Total External Pressure on Pipe (PSI) qt = 19.04 . 3 g C := 100 Ovality reduction Factor 2 C = 0.84 C1 + q \100 - �Nb 12 q r C JI � p3 Luscher+ s Equation 32•RW'B'-E'S-EL t := (I 11) 3 tmm := t•25.4 t = 0.21 Thickness (in) SDR := D t 1 = 7.38 x .10--4 Moment of Inertia (in, 4lin; tmm = 5.25 Minimum Thickness (mm) SDR = 38,67 • 0 BUCKLING REQUIREMENT - FOR PARTIALLY DETERIORATED PIPE The design thckness is found by using the following modified Timoshenko's buckling equation. 2•K•EL I C P= .� _ A (SDR3 _ 1 �3 Timoshenko's modified equation P:=(]f(HL4.> 0,0.433•Hw,0.0i)) Groundwater hydrostatic Load (PSI) P = 6.5 Dimensionless enhancement factor which takes into account the support and restraint K = 7 provided by the existing soil envelope around the existing pipe. ASTM F1216 recommends a minimum factor of 7.0. v := 0.30 Poisson's Ratio for resin impregnated tube zKELC 3 SDR2 :_ + 1 Timeslienko's equation solved p.(l - v2).Nb for SDR SDR2 = 50.83 D _ t2 SDR,) t2mm := ti-25.4 r2 = 0.16 Minimum thickness (in.) t,,,,m = 4 Minimum thickness (mm) • is Minimum Thickness per ASTM F 1216 1 E Tn accordance with ASTM F 1216, the FIPP meet the 3 3 0.093equirements of thickness as determined by the preceding D 12.SDR2. :quation. t t=(12.1)3 solving tha firct—1-tion for t: l 3 0.093•D3• 12 t3. E t3 = 0.12 Minimum thickness per ASTM F 1216 (in) t3mm t3.25.4 t3mm = 3.15 Minimum Thickness (mm) SDR3 := D SDR3 = 64.54. Minimum thickness per ASTM F 1216 t3 Design Thickness Summary 40 Minimum SDR and thickness for Fully Deteriorated pipe SDR = 38:67 tmm:- 5 25 Minimum SDR and thickness SDRZ - 50.83 t2mm =' for Partially Deteriorated pipe Regardless of whether the design is based upon fully deteriorated or partially deteriorated, the pipe must have a minimum thickness of the value below. Minimum SDR and thickness SDR3 = 64.54 t3mm = 3.15 as per ASTM F1216 minimum The actital thickness of the liner to be installed will have the following dimensions: tfiilm 5.8 The finished thickness (mm) tfmm tf :_ 74 if = 0.23 The finished thickness (in.) SDRf := D 0 tr SDRf= 35.03 The finished SDR 0 Flow Analysis Flow analysis is performed using Manning's formula for both existing pipe and the CIPP. � (2) D Ai:= Ai = 0.35 Cross sectional area of existing pipe (sq. ft) 144 Ri:= 4 Ri=0.17 12 Hydraulics Radius (ft.) 1 2 — 1.486 R 3 r S \2 Qi ni ` ' i\ 100) Qi = 0.28 Maximum flow rate of existing pipe, based upon given slope and roughness (CFS) Df:= D — 2•tf Df = 7.54 Finished inside diameter of C1PP z Df Af : 144 j Af = 0.31 Cross sectional area of CIPP line (sq. ft.) Dr 4 Rf _ 12 Rf=0.16 1 2 2 f Qf.— 1.n86 AfRf3 (100) Qf=0.36 Qi.7.5.3600-24 Qimgd 1000000 Qimgd = 0.18 QQi AQ f — - 100 AQ = 28 Qi Qf-7.5-3600.24 Qmgd == loa0000 Qmgd = 0.23 Hydraulic radius of CIPP line Maximum flow rate of CIPP line, based upon initial slope and CIPP roughness (CFS) Flow rate of existing pipe (MGD) Percent -of increase in flow capacity of finished line. Flow rate of CIPP line (MGD) • Deflection Analysis for Minimum SDR Percentage of maximum allowable deflection is 5% D] := 1.5 Deflection Lag Factor defined Kx := 0.11 Bedding Constant defined K'µ := 0.15o Lateral Earth Pressure Coefficient defined based on a soil density of 120 PCF Bd := D Bd = 0.6: Design Trench width (ft) 12 — 2• K'I�,>-1— . -e( Bd Cd := 2 K µ Cd = 3.33 Marston's Load Coefficient (PSI) Cd'Ys'Bd }'� :— 144 WC = 1.85 W1= 0 Live load (PSI) (D].W, + Wl)•Kk• 100 EL + 0.061 - E'S 1.5•SDRf3 S = 0.49 EL 1.5•(SDR;)3 RS :_ • 100 0.061 - E'S Earth load for deflection calculations (PSI) Spangler equation for estimated deflection Estimated deflection based upon Spangler equation which is less that the maximum allowable 5% RS = 3.19 FIPP to Soil Stiffness percentage • • 0 Design Summary Minimum SDR = SDR = 3867 . Minimum Design Thickness(in) = t = 0.21 Minimum Design Thickness (mm.) = tmm =, 5:25 Actual Thickness to be installed (in) = tf = 0.23 Actual Thickness to be installed (mm) = tfmn, = 5:8 Actual SDR to be installed = SDRf = 35.03 Calculated Deflection (%) = s =,0.49 Calculated Ratio of Pipe to Soil Stiffness (%) qtS =•3.18 Maximum Flow rate of existing Line (MGD) =Qimgd = 0.18 Maximum Flow rate of CIPP (MGD) = Q ' ;.= 0.23 mgd Increase in Flow rate of CIPP (%) = eQ = 28 National Liner Design Calculations SProjectY Huntington : City of Huntin ton Beach Design By: National Liner West Design assumptions are as follows: Design Criteria D := 10 Mean inside diameter of existing pipe (in) H := 15 Height of Ground cover (ft) H,:= 7 Height of Groundwater (ft) Nb := 2 Factor of Safety against Buckling q := 2 Ovality of original pipe E's := 1000 Modulus of Soil Reaction ys := 120 Soil Unit Weight (PCF) a i 4500 Flexural Strength (psi) E := 300000 Initial Flexural Modulus of Elasticity EL := 125000 Long -Term Flexural Modulus of Elasticity S := .07 Slope of a given section (%) for flow analysis ni := .015 Manning's roughness coefficient for vitrified clay (0.013-0.030) n f := .O1 Manning's roughness coefficient for polyurethane lined CIPP 7z az QPjESSlprlr.. _ A. 't No. CIV A�OF CA 0 S�f, 1/e L r BUCKLING REQUIREMENT - FULLY DETERIORATED PIPE Minimum thickness to meet buckling criteria is determined from Luscher's equation as shown. Hw1 R,,::_ ] -- .33• — I R,,; = 0.85 Water buoyancy factor H� a' := 1 B' = 0.4 Coefficient of Elastic Support l "- 4•e (— 0.065- H) ] W .= I 1 goo AASHTO H2O Loading defined as a function of depth in feet. 800 Values shown are pounds per square foot. 600 400 Hc:=H— 1 250 Hc) Live load defined as a function 200 Wli H > 4 , 0 , 144 of depth. 175 100 W1= 0 Live Load (PSI) 100 ys•H qt := 0.433-Hw + (Rw. 144) + W1 Total External Pressure on Pipe (PSI) qi = 13.61 3 l — � C 100 Ovality reduction Factor q 2 Ill _ 100� 2 b D3 (qt-- 1 := C Luscher's Equation T = 7.86 X '10 4 32- Rw.- B'- E's. E L 1 (12.1) 3 tmm := t-25.4 t = 0.21 Thickness (in) SDR := D t tmm = 5.37 Minimum Thickness (mm) SDR-.47.33 Moment of Inertia (in^41in; BUCKLING REQUIREMENT - FOR PARTIALLY DETERIORATED PIPE The design thekness is found by using the following modified Timoshenko's buckling equation. 2•K-EL 1 C (1 - A (SDR3- 1)I Nb Timoshenko's modified equation P:_ (if(Hw> 0,0.433•H«,.,0.01)) Groundwater hydrostatic Load (PSI) P = 3.03 Dimensionless enhancement factor which takes into account the support and restraint K 7 provided by the existing soil envelope around the existing pipe. ASTM F1216 recommends a minimum factor of 7.0. v := 0.30 Poisson's Ratio for resin impregnated tube 1 2 KELC 3 SDR2:_ � 1 P11 - v2�.Nb SDR2 65.24 D t.,) :_ SDR-) t2mm t2 25.E V) _ 0:`15 Minimum thickness (in.) t2mm = 3.89 Minimum thickness (mm) Timeshenko's equation solved for SDR • • 0 Minimum Thickness per ASTM F 1216 E• 1 _ E Tn accordance with ASTM F 1216, the FIPP meet the 3 3 >_ 0-093equirements of thickness as determined by the preceding D 12.SDR2.-quation. I t=(121)3 Sol -Ina the IIrQt i-mintlon for t: l 3 (0.093-D 3 -12 t3 :_ � E — t3 = 0.15 t3mm t3.25.4 D SDR3 := - 3 Minimum thickness per ASTM F 1216 (in) t3mm = 3.94 Minimum Thickness (mm) SDR3 = 64.54 Minimum thickness per ASTM F 1216 Design Thickness Summary ! Minimum SDR and thickness for Fully Deteriorated pipe SDR = 47.33 tMM = 5.37 Minimum SDR and thickness SDRz =-65.24 : t2mm =.3.89 for Partially Deteriorated pipe Regardless of whether the design is based upon fully deteriorated or partially deteriorated, the pipe must have a minimum thickness of the value below. Minimum SDR and thickness SDR3 = 64.54 t3mm = 3.94 as per ASTM F1216 minimum The actual thickness of the liner to be installed will have the following dimensions: tfmm 7 The finished thickness (mm) _ tfn,m tf 2-5.4 if = 0.28 The finished thickness (in.) SDRf := D • tf SDRf = 36.29 The finished SDR 9 Flow Analysis Flow analysis is performed using Manning's formula for both existing pipe and the CIPP. s 2 Al 144 Ai = 0.55 Cross sectional area of existing pipe (sq. ft.) D Ri :_ 2 Ri = 0.21 Hydraulics Radius (ft.) • 0 1 2 — 1.486 3 r S} 2 Qi == n• �'iRi I\ 10011 Df:=D--2•tf D 2 ,_f� Af 144 Df 4 Df = 9.45 Qi = 0.5 Maximum flow rate of existing pipe, based upon given slope and roughness (CFS) Finished inside diameter of CIPP Af = 0.49 Rf.— 12 Rf=0.2 1 2 — 1.486 3 (100) S 2 Qf:= n `�f Rf f Qf = 0.65 Qi• 7.5.3600.24 Q' _ imgd 1000000 Qimgd = 0.33 AQ Qf — Qi .100 AQ = 29 Qi Qf•7.5.3600-24 Qmgd := Qmgd = 0.42 1000000 Cross sectional area of CIPP line (sq. ft.) Hydraulic radius of CIPP line Maximum flow rate of CIPP line, based upon initial slope and CIPP roughness (CFS) Flow rate of existing pipe (MGD) Percent of increase in flow capacity of finished line. Flow rate of CIPP line (MGD) Deflection Analysis for Minimum SDR Percentage of maximum allowable deflection is 5% D1:= 1.5 Deflection Lag Factor defined Kx := 0.11 Bedding Constant defined K'p := 0.150 Lateral Earth Pressure Coefficient defined based on a soil density of 120 PCF Ed := D ad = 0.83 Design Trench width (ft) 12 — 2-K'u•H} 1 —e HdJ Cd Cd = 3'32 2.K'A Marston's Load Coefficient (PSI) cd-Ys- Bd 144 We = 2.3 C. w1 = 0 Live load (PSI) (DI.Wc+ WI).Kx•100 EL + 0.061•E's 1.5.SDRf3 6 = 0.61 FL 1.5•(SDR1)' RS :_ • ] 00 0.061- E's 9 Earth load for deflection calculations (PSI) Spangler equation for estimated deflection Estimated deflection based upon Spangler equation which is less that the maximum allowable 5% RS = 2.86 FIPP to Soil Stiffness percentage Design Summary Minimum SDR = SDk 47,33 Minimum Design Thickness(in) Minimum Design Thickness (mm) = tmm = 5.37 Actual Thickness to be installed (in) = tf = 0.28 Actual Thickness to be installed (mm) = tfmm = 7 Actual SDR to be installed = .sDRf"= 36.29 Calculated Deflection (%) = S = 0.61 Calculated Ratio of Pipe to Soil Stiffness (%) �Rs = 2.86 Maximum Flow rate of existing Line (MGD) =QjMg4'= 0.33 Maximum Flow rate of CIPP (MGD) = Qmgd = 0.42. Increase in Flow rate of CIPP (%) = AQ = 29 0 National Liner Design Calculations Proj ect : City of Huntington Beach Design By: National Liner West Design assumptions are as follows: Design Criteria D := 12 Mean inside diameter of existing pipe (in) H := 15 Height of Ground cover (ft) Hµ::= 7 Height of Groundwater (ft) Nb := 2 Factor of Safety against Buckling q := 2 Ovality of original pipe Ps := 1000 Modulus of Soil Reaction Ys = 120 Soil Unit Weight (PCF) 6; := 4500 Flexural Strength (psi) E := 30000o Initial Flexural Modulus of Elasticity EL :=12500o Long -Term Flexural Modulus of Elasticity S :_ .07 Slope of a given section (%) for flow analysis ni :_ .015 Manning's roughness coefficient for vitrified clay (0.013-0.030) nf :_ .ol Manning's roughness coefficient for polyurethane lined CIPP QOFESSI C�1V1� +` Y9 a • • BUCKLING REQUIREMENT - FULLY DETERIORATED PIPE Minimum thickness to meet buckling criteria is determined from Luscher's equation as shown. H ,\ Rw := 1 - .33• — I H R,;. = 0.85 Water buoyancy factor B' := I B' = 0.4 Coefficient of Elastic Support 1 +[4.e(-0.0b5.H)I W:=1 1 o AASHTO H2O Loading defined as a function of depth in feet. 800 Values shown are pounds per square foot. 600 400 He:=H— 1 250 «, H Live load defined as a function 200 Wl := i H > 9 ,0 , 1 a4 of depth. 175 . 100 W[ = 0 Live Load (PSI) 10a 5•H qt := 0.433•H�, + �Rw- 144 +;'1 Total External Pressure on Pipe (PSI) qt = 13.61 3 1 — 9 C := 100 Ovality reduction Factor q l2 C = 0.94 �1 + 100) 2 3 qt'Nb} — •D := C Luscher's Equation I 1.36.x .10-' 3 1 Moment of Inertia (in,14/in: 32•RW'B' E'a•E[_ I t := (12.1) 3 tmm := t• 25.4 t = 0.25 Thickness (in) SDR := D t t,t,r„ = 6.44 Minimum Thickness (mm) SDR -- 47.33 • 0 BUCKLING REQUIREMENT - FOR PARTIALLY DETERIORATED PIPE The design thekness is found by using the following modified Timoshenko's buckling equation. 2-K-EL 1 C P= (1 - v"2) (SDR3 - 1)3 lb Timoshenko's modified equation P :_ (if(Hµ > 0,0.433-Hw,0.01)) Groundwater hydrostatic Load (PSI) P = 3.03 Dimensionless enhancement factor which takes into account the support and restraint K := 7 provided by the existing soil envelope around the existing pipe. ASTM F1216 recommends a minimum factor of 7.0. v := 0.30 Poisson's Ratio for resin impregnated tube 1 2 K E� C 3 SDR2 :- � 1 Timeshenko's equation solved P-(1 - v2).Nb for SDR SDR2 = 65.24 D t2 :R SDR2 t2mm := t2.2-5.4 t2 = 0.18 Minimum thickness (in.) t21nm = 4.67 Minimum thickness (mm) • 0 Minimum Thickness per ASTM F 1216 C In accordance with ASTM F 1216, the FTPP meet the — z 0-093equirements of thickness as determined by the preceding D3 12•SDR-) 3 ;quation. 1 t=02.1)3 Solving tha Piro i+nuntlon for t: 1 3 0.093 • D3.12 t3 = E J 13 = 0.19 Minimum thickness per ASTM F 1216 (in) t3mm = t3.25.4 [3mm = 4. I Minimum Thickness (mm.) SDlt3 := D SDR3 = 64.54 Minimum thickness per ASTM F 1216 t3 • • [7 Design Thickness Summary Minimum SDR and thickness for Fully Deteriorated pipe Minimum SDR and thickness for Partially Deteriorated pipe SDR 47.33 . tmnl = '6.44' . SDR-) = 65.24 - t2mm = 4.67 Regardless of whether the design is based upon fully deteriorated or partially deteriorated, the pipe must have a minimum thickness of the value below. Minimum SDR and thickness SDR3 = 64.54 t3mm = 4.72 as per ASTM F1216 minimum The actual thickness of the liner to be installed will have the following dimensions: tfmm $•7 The finished thickness (mm) _ tfmm t f 25.4 t f = 0.34 The finished thickness (in.) SDRf := D if SDRf = 35.03 The finished SDR Flow Analysis Flow analysis is performed using Manning's formula for both existing pipe and the CIPP. 2 T �pJ Al 144 Ai = 0.79 Cross sectional area of existing pipe (sq. ft.) D Ri := 2 R; = 0'2' Hydrauiics Radius (ft.) 1 2 — 1.486 3 2 Qi�= n. 'Ai'Ri 100 Df:=D-2•tf Df=11.31 (Df z Af. 144 Af=0.7 Dr 4 Q; = 0.82 Maximum flow rate of existing pipe, based upon given slope and roughness (CFS) Finished inside diameter of CIPP Rf:=— 12 Rf=0.24 I 2 -- 1.486 3� f S)2 Qf - n Af Rt 100 Qf = 1.05 Qi • 7.5.3600.24 Q— jmgd 1000000 QiriIgd'- 0.53 Qi AQ :- Qf - • I o0 Qi Qf•7.5.3600.24 Qmgd =_ 1000000 • AQ.= 28 Cross sectional area of CIPP line (sq. ft.) Hydraulic radius of CIPP line Maximum flow rate of CIPP line, based upon initial slope and CIPP roughness (CFS) Flow rate of existing pipe (MGD) Percent of increase in flow capacity of finished line. `Qmgd =.0.69. Flow rate of CIPP line (MGD) Deflection Analysis for Minimum SDR Percentage of maximum allowable deflection is 5% Dl := 1.5 Deflection Lag Factor defined Kx := 0.11 Bedding Constant defined Ktµ := u 5o Lateral Earth Pressure Coefficient defined based on a soil density of 120 PCF Bd := D Bd = 1 Design Trench width (ft) 12 H� —2 Ku B l —e dJ Cl.- 2 K'� Cd = 3.3 Cd'Ys. Bd W� — 144 WC = 2.75 • W1=0 Live load (PSI) (DI-W,+ wl).Kx•100 EL + 0.061- E'S 1.5-SDRf3 S = 0.72 EL 1.5. (SDRf)3 RS :_ - 100 0.061 • E's 0 Marston's Load Coefficient (PSI) Earth load for deflection calculations (PSI) Spangler equation for estimated deflection Estimated deflection based upon Spangler equation which is less that the maximum allowable 5% RS = 3.18 FIPP to Soil Stiffness percentage • • 0 Design Summary Minimum SDR = SDR = 47.33. Minimum Design Thickness(in) = t = 0.25 Minimum Design Thickness (mm) = tm,,i = 6.44 Actual Thickness to be installed (in) = tf =-0.34 Actual Thickness to be installed (mm) = tfmm = 8.7 Actual SDR to be installed = sbR f = 315.03 . Calculated Deflection (%) = 6 =:0.72� Calculated Ratio of Pipe to Soil Stiffness (%) =RS = 3.18 Maximum Flow rate of existing Line (MGD) =Q;mgd = 015.3 Maximum Flow rate of CIPP (MGD) = Qmgd = 0.68 Increase in Flow rate of CIPP (%) _ AQ = 28 National Liner Design Calculations Project : City g of Huntington Beach Design BY: National Liner West Design assumptions are as follows: Design Criteria D := 15 Mean inside diameter of existing pipe (in) H := 15 Height of Ground cover (ft) Hw :_ 7 Height of Groundwater (ft) Nb := 2 Factor of Safety against Buckling q := 2 Ovality of original pipe r_'s := 1000 Modulus of Soil Reaction fs := 120 Soil Unit Weight (PCF) ai := 4500 Flexural Strength (psi) E := 300000 Initial Flexural Modulus of Elasticity EL := 125000 Long -Term Flexural Modulus of Elasticity s :_ .07 Slope of a given section (%) for flow analysis 11; :_ .015 Manning's roughness coefficient for vitrified clay (0.013-0.030) nt :_ .01 Manning's roughness coefficient for polyurethane lined CIPP • BUCKLING REQUIREMENT - FULLY DETERIORATED PIPE Minimum thickness to meet buckling criteria is determined from Luscher's equation as shown. 3 H °� B':= _ 1 - B' = 0.4 W := 4•e (- 0.065- H ) Water buoyancy factor Coefficient of Elastic Support 1800 AASHTO H2O Loading defined as a function of depth in feet. 800 Values shown are pounds per square foot. 600 400 xc := i-1 —1 250 wH 200 Wl:= if H>9,0, ) Live load defined as a function 175 144 of depth. 100 W1 = 0 Live Load (PSI) laa H qt := 0.433-H,,,, + Rw. 144 + wl Total External Pressure on Pipe (PSI) qt = 13.61 3 1 - 9 C := 100 21 Ovality reduction Factor �1 C = 0.84 ' + 100 j `bl 2 3 qt.— J •D 1.= Luscher's Equation 32 R,- B'•E'S• EL 1 t := (12.1) 3 tram := t- 25.4 t =.0.32 Thickness (in) SDR := D t r- 2.65:x` 10- . Moment of Inertia (in^4/in: tmm = 8.05 Minimum Thickness (mm) SDR = 47.33 • BUCKLING REQUIREMENT - FOR PARTIALLY DETERIORATED PIPE The design thckness is found by using the following modified Timoshenko's buckling equation. 2•K•EL 1 C P= lI - A (SDR3— 1)3 lb Timoshenko's modified equation P :_ (if(H,> 0,0.433•Hw,0.01)) Groundwater hydrostatic Load (PSI) P = 3.03 Dimensionless enhancement factor which takes into account the support and restraint K 2 provided by the existing soil envelope around the existing pipe. ASTM F1216 recommends a minimum factor of 7.0. v := 0.30 Poisson's Ratio for resin impregnated tube 1 ?.K.EE.0 3 SDR2:= 1 * I Timeshenko's equation solved P.(l - v2)•I�U for SDR L SDR2 = 65.24 D t2 SDR2 t2mm := t2.25.4 t2 = 0.23 Minimum thickness (in.) t2mm = 5.84 Minimum thickness (mm) • is 0 Minimum Thickness per ASTM F 1216 e Tn accordance with ASTM F 1216, the FIPP meet the 0.093equirements of thickness as determined by the preceding 3 3 D 12•SDR2 :quation. 1 t 3 sol,iina the first Pnnatlon for t: 1 3 0.093 E E D3.12 t3 � t3 = 0.23 Minimum thickness per ASTM F 1216 (in) t3mm t3-25.4 t3mm = 5.9 Minimum Thickness (mm) SDRz := D SDR3 = 64.54 Minimum thickness per ASTM F 1216 t3 0 Design Thickness Summary 0 Minimum SDR and thickness for Fully Deteriorated pipe SDR = 47.33 tmm = 8.05 . Minimum SDR and thickness : = for Partially Deteriorated pipe ,SDR = 65.24 t,mm 5.84 Regardless of whether the design is based upon fully deteriorated or partially deteriorated, the pipe must have a minimum thickness of the value below. Minimum SDR and thickness SDR3 = 64.54 t3mm = 5.9 as per ASTM F1216 minimum The actual thickness of the liner to be installed will have the following dimensions: tfnint 10.7 The finished thickness (mm) tfmm tf _ 25.4 tf = 0.42 The finished thickness (in.) SDRf D if SDRf = 35.61 The finished SDR 0 • 0 Flow Analysis Flow analysis is performed using Manning's formula for both existing pipe and the CIPP. A, 144 Ai = 1.23 Cross sectional area of existing pipe (sq. ft.) D R; := 2 Ri = 0.31 Hydraulics Radius (ft.) 1 2 — 1.486 3 5 2 Q' ni `-,j.N' .� 100) Qi = 1.48 Maximum flow rate of existing pipe, based upon given slope and roughness (CFS) Df = 14.16 Finished inside diameter of CIPP Df:=D-2•tf D 2 Af 144 Dr 4 Af= 1.09 Rf 12 Rf=0.29 1 2 — 1.486 ,4 R 3 •� S 2 Qf o f f f t 00 ) Qf = 19 Qi•7.5.3600.24 Qimgd S 1000000 Qim d = 0.96 Qf —Qi Q Qf • 7.5.3600.24 Qmgd Qmgd = 1.23,. 1000000 Cross sectional area of CIPP line (sq. ft.) Hydraulic radius of CIPP line Maximum flow rate of CTPP line, based upon initial slope and CIPP roughness (CFS) Flow rate of existing pipe (MGD) Percent of increase in flow capacity of finished line. Flow rate of CIPP line (MGD) Deflection Analysis for Minimum SDR Percentage of maximum allowable deflection is 5% D1:= 1.5 Deflection Lag Factor defined Kx := 0.11 Bedding Constant defined K'P := o. 1 5o Lateral Earth Pressure Coefficient defined based on a soil density of 120 PCF Bd := D tad = 1.25 Design Trench width (ft) 12 — IK'FL a— 2.K d = - Marston's Load Coefficient (PSI) {l Cd-Ys.Sd Y C 144 • w1=0 WC = 3.38 Live load (PSI) (DI.W,+ Wj)•K,•100 EL + 0.061•E's 1.5•SDRf3 S = 0:89 RS:= .. t..,..;) .100 0.061 • E's C.] Earth load for deflection calculations (PSI) Spangler equation for estimated deflection Estimated deflection based upon Spangler equation which is less that the maximum allowable 5% RS = 3.03 FIPP to Soil Stiffness percentage • • 0 Design Summary Minimum SDR = SDR = 47.33 Minimum Design Thickness(in) = t = 0.3i Minimum Design Thickness (mm) = tmm = 8.05 Actual Thickness to be installed (in) = if = 0.42. Actual Thickness to be installed (mm) = tfmm = 10.7 Actual SDR to be installed = SDRi'= 35.61 Calculated Deflection (%) = s = 0.89 Calculated Ratio of Pipe to Soil Stiffness (%) =RS = 3.03 Maximum Flow rate of existing Line (MGD) maimed.= 0.96. Maximum Flow rate of CIPP (MGD) = Qmgd = 1.23 Increase in Flow rate of CIPP (%) _ 4Q.= 29 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Zz LINER, INC. Contact Person: Chris D. Scarrat President Contact Phone: 310 3 -87 7 Signed: J Date: April 22, 2002 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disaualifcation. C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HUNTINGTON HARBOUR SEWER PROJECT PHASE II CC- 1174 April 17, 2002 Notice To All Bidders: Please note the following revision to the Project Specifications, and Technical Provisions: PROJECT BID SCHEDULE Remove existing page C-1s, and insert attached page C-1s (Addendum 1) Any deviation from this notification procedure must be approved by the Engineer. This modification does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated April 17, 2 ZZ LINER, INC. Company Name By Chris D. Scarratt, President Avri1 22, 2002 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247.