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HomeMy WebLinkAboutINSITUFORM TECHNOLOGIES INC - 2001-03-05 (2)CITY ..OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 13, 2002 0 Darlene J. Bloom County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, eeoe;� . owodl�a Connie Brockway, CIVIC City Clerk /jh Enclosure: Notice of Completion — Insituform Technologies, Inc. —CC No. 1161 — HH Sewer Lining Project g:/followu p/cashcont/ccnotice-lette2002.doc 1 Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Insituform Technologies Inc. who was the company thereon for doing the following work to -wit: HUNTINGTON HARBOUR SEWER LINING PROJECT, CC 1161 This project includes : Huntington Harbour Sewer Lining Project, Phase I. That said work was completed Janurary 25, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on Janurary 25, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract National Fire Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this July 25, 2002. � n Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this July 25, 2002. Director of Public Works or City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 S ity NOTICE OF COMPLETION SUBMITTAL TO CITY CLERK'S OFFICE Hot g o Beach,/ Please transmit this form with. the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: Insituform Technologies, Inc. 2. Contract Information: A. CC No.: 1161 B. Date Project Awarded by Council: October 20, 2002 C. Corresponding Agenda Item No.: PW M93 3. Date of Completion: January 25, 2002 PLEASE INCLUDE: Robert A. Martinez, X-5423 Name/Extension July 25, 2002 Date Submitted to City Clerk's Office Attachment — Notice of Completion Cc: Eric Charlonne, Contract Administrator II Recorded in Official Records, County. of Orange Darlene Bloom, Interim Clerk -Recorder WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIII1IIIN11111IIIIII1111IIIIiIIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 2002072819010.00am 08/29/02 Office of the City Clerk 110 25 N12 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by.the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington - Beach, CA 92648, that the contract heretofore awarded to Insituform Technologies Inc. who was the company thereon for doing the following work to -wit: HUNTINGTON HARBOUR SEWER LINING PROJECT, CC 1161 This project includes : Huntington Harbour Sewer Lining Project, Phase I. That said work was completed Janurary 25, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on Janurary 25, 2002, per City Council Resolution No. 2002-10 adopted February 1.9, 2002. That ,upon said. contract .National„Fire .Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. n Dated at Huntington Beach, California, this July 25, 2002. Director -of Public Works or City Engineer City of Huntington Beach,. California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;.the same.is.true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to .be recorded .in the Office of the County Recorder of Orange County. Dated at. Huntington Beach, California, this July 25, 2002. Director of Public Works or City Engineer City of F-iuntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 011-Y CLERK'S ORIGINAL. City of Huntington Beach [COLD INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Manager DATE: July 2, 2002 SUBJECT: Retention Release Payment Company Name: Insituform Technologies, Inc.. Address: 702 Spirit 40 Park Drive City, State and Zip Code: Chesterfield, MO 63005, Phone Number:- (707) 747-588A W f5 k« Business License Number. 75841 `"ti ' -gL A2k40426 Local Address: 944 S Ann St. Santa Fe Springs, CA 90670 Notice of Completion Date: January 25, 2002 Contract Purpose: Retention Release for Cash Contract 1161, Huntington Harbour Lining Project 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. certify that no stop notices are on file on the s 'ect contract, and that a guaranty bond has been filed with this office. Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices`on file. Date Freidenrich, 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. RA� o2-- to Connie Brockway, lerk cc1161 retention release memo.doc 7/2/2002 7:51 AM 08/09/2002 12:57 FAX 7077487462 INSITUFORM TECHNOLOGIES AUG-09-2002 13:11 HUNTINGTON BEACH Q001 714 374 1573 P.01/02 Robev�- A1ar-►-ne-z City of Huntington Beach Department of :Public Works Post Office Bon 190 Huntington Beach. CA 92648 ,v14- Fhx I--1IN.37y- /5-73 Subject: Certification of Compliance with Title VU oithe Civic Rights Act acid Equal Employmes t Opportunity Act oP' 1972 Gentlemen; The undersigned, contractor on 144) Project No. - - .✓�G✓ J`ewe Se hereby certifies that all laborers, mechanics, apprentices, trahwa, -watchmen and guards employed by him or by any subcontractor perfonaing work under the contract on the project have been paid Nvsges at rates not less than thane required by the contract provisions, and that the work performed by each such I &borer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract, o: training program provisions applicable to the wage rate paid. Signature acid Title. g:ec it"heonl ?I Y— 3-7 N-15-7 3 uoiuul zUUZ 12:57 FAX 7077487462 INSITUFORM TECHNOLOGIES _ ._.._--------------------------._.�—_..�----------�---__-.�-...----- ----- .:-- ICJ 002 AUG-09-20021 13.11 HUNTINGTON BEACH 714 374 1573 P.02i02 I]ECLARATION OF S_ I$FACTION OF CLAI 45 state: I am thc general contractor for the City of H'untin5lton Beach, as to the project more fully described in the public works contract entitled �L i 1(a i �i v� ✓6GV 1 ewe✓ 1�a5� and dated '/— I — L%/ 2. All -workers and persons employed, all firms supplying materials, and all subcontractors for the above�q.nentioned project have been paid in full. _ 3. The following are either disputed claims, or items in connection'Aith Notices to Withhold, ♦vhich have been filed urider the provisions of the, statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing ig true and correct. a Euecut.-d at 6R V,\ % C t a, CJ4 on this day of Aq 14 5f , 1994- (Sigh re of ContmetgE, _C-1 azEZ&- wU i� / tj.-J 9?4t� 3:aekaslicon2 � • Gil . .ti . �,ti;.,�,+_•r:m5' ii TOTAL P.02 07/02/02 TUE 14:52 FAX 6365308713 INSITUFORM TECH JOIN-LI-LUUL�1III U) i);)6 ooz Y.UUS;U-b 7UN-26-2082 14:19 HUNTINGTON BEACH 714 374 1573 P.02i62 CITY OF HUNTINGTON BEACH 20t10 Main Street P.O.Bos 190 Call InrnIa 92 64 8 Hobert F. Boardsley, P.E. Dapartrment of Public Works Director (714) 535-5431 June 26, 2002 Wayne Thomas Usituform Techno/ogles, Inc. 1400 e, orangethorpe Ave Fullerton , ca 92831 Subject, Huntington Harbour Sewer -Lining Project CC-11 G1 Dear Mr.'rhonw, Please be advised that the City has informally accepted the implovemants constructed per Cush Contract 1161. This informal acceptance is limited to terminahen of contract construction time. Retention funds withheld during this project will be released 35 days after fling a Notice of Completion with the County of Orange_ In order to release the retention funds, the following items must be submitted, for approval, to the City: 1. Furnish a Catt;afteate of Compliance (enclosed). =0na (enclosed). FuuniGuaran ee d. Should you have any questions, please telephone me at (714) 375-8471. Very t yours, David verone Ftvjeet Manager Enclosures ae Heidi Hagan; tabor Compliance Liaison File CC- 1161 "Correspondence" V Qcoltstruetlen Cuatrw:is V 1\COUMPONDENCE11161 Informal naceptoltea.doe 07/02/02 TUE 14:53 FAX 6365308713 INSITUFORM TECH d11J1-e1-LUUZEJnu1 ij,io F R/ &04 JUN-26-2002 16;13 HUNTINBTQN 6EXH 714 374 1573 P.02-403 DECLARATIQtJ OF SATISFARJON OF CLAIMS i, ,DNS tuf►r�'�� ,.�� state. 1. 1 am the general contractor for the'Ci1y of Huntington Beach, as to the project mote fully described in the public works contract entitled L'G JJ L.._gd �AwzAa-2�Awi� and dated 2. All workers and persons employed, all firms suppling materials, and all subcontractors for the abovh.mentioned project have been puid in fdll- 3. T We Eallawing ate either disputed claunsv of items in connection with Nolicos to Withhold, which have been filed urider the pravisions of the statutes of the State of California: (if none, state `'NON>r'� u 1 declare under penalty of pedury that the foregoing is true and correct. on this day o s:es�e�6ean� 07/02/02 TUE 14:53 FAX 6365308713 du!I%I-LUUWHUI 1116 JUN-26-2002 16:13 HUNTING70N BEACH INSITUFORM TECH I , 9003 714 374 1S73 P.03d03 City of Huntington Beach Department of Public Worsts Post Office Boa 190 Huntington Beach, CA 92641 Subject Certification of Compliance with Title VIZ of the Civil Rights Act and Equal Employment OppoMWty Act of 1972 Gentlemen; 'Me undersigned, eontrjocr on Project No. " Title U hereby certifier that all laborers, mechanics, apprentices, aminees, watchmen and guards employed by him or by any subcontractor performing work tinder the contract on dw project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mcchancc, apprentice or trainee eonformcd to the classifications set forth in the centract•or training program provisions- applicable to the +gage rate paid. e.ee CUMOKr TnTr%i o wi g:fah/bondletter.doc y Bond #929174375 CNA INSURANCE COMPANIES MAINTENANCE BOND 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 eight hundred fifty-four thousand four hundred sixty dollars and eighty cents (g 1,854,460.80 ) 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 for Huntington Harbour Sewer Lining Project Lining Project CC-1161 City of Huntington Beach, CA dated April 9, 2001 WHEREAS, said contract provides that the Principal will furnish a bond conditioned 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 26 day of June 2002 . 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 June 26, 2002 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED June 26, 2002 Principal: by I situform Technologies, Inc. (L.S.) Gerald Addi &HartfordjuAdl Sur t by�Q,�G an A�� Form G-23210-B Kathleen A. Petchulat Attorney -In -fact CNA FbrAA tie CmmkmenbYaa Make• APPROVED AS TO FORMV C-'-IL H TTON, Ci ty Attorney Lj : Deputy City Attorney 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, Individually Of Creve Coeur, Missouri their true and lawful Attomey(s Yl n- 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 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 be hereto affixed on this 19th day of March, 2002. 'ywtr` 1NSURq,�ppMr oe�„ F 0000RATE d� d�ORrORgtir° 0 a $ JULY 71,SEAL 199Z ,E 1 e97 � tta�� • these presents to be signed by their Vice President and their corporate seals to 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 Illinois My Commission Expires 9/17/05 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 on the reverse hereof is st' in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this. QLto day of ?r War u+suft0,4W04P'N ♦�� j_ �'��Continental Casualty Company ooavonAre 'r, A National Fire Insurance Company of Hartford v s American Casualty Company of Reading, Pennsylvania SEAL 1897 Mary A. Ribikawskis Assistant Secretary (Rev. 10/11/01) F 'y 7 Y r s !. •y.ar4•L s+r-v� �:G�'t'�_'V �•!"''�te!4,a�,ar � �t a Ja �i9" A -� " �l. �:•r . ,. .... � -- �-�� r `:. _.. � ,�.• �� .... RECEIVED BY • • CITY CLERK RECEIPT COPY' Return DUPLICATE to � , 5' I:ob0..A^ Jeffrey Hughes (ext: 5260) (Name) after signing/dating W- rf n'. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: April 5, 2001 TO: Insituform Technologies, Inc. ATTENTION: David W. Smith, Reg. VP Name 5100 East Second St. DEPARTMENT: Street Benicia, CA 94510 City, State, Zip REGARDING: Construction Contract CC-1161 See Attached Action Agenda Item E-7 Date of Approval 03-05-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: D. Verone DPW x x x bonds Name De artment �ity RCA Agreement Insurance ther S.. Freidenrich Treas. x x x onds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza x x x Risk Management Dept.. Insurance ___ (Telephone: 714-536-5227) FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSITUFORM TECHNOLOGIES, INC. FOR CONSTRUCTION OF THE HUNTINGTON BEACH HARBOUR SEWER LINING PROJECT (CC-1161) THIS AGREEMENT is made and entered into on this 5 +h day of 1200 1, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and Insituform Technologies, Inc., a Delaware corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the Huntington Harbour sewer lining project (CC-1161) in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, 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 assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected 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 01 agree/harbor sewer/3/2/01 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), 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 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 said 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 2000 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, 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; 2 01 agree/harbor sewer/2/28/ 01 D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. 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 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"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said,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 One Million Eight Hundred Four Thousand Nine Hundred Fifty Seven Dollars and forty cents ($1,804,957.40) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred fifty (150) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 01 agree/harbor sewer/2/28/01 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 conditions 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 on 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree 4 0l agree/harbor sewer/2/28/01 to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract 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 the CONTRACTOR by CITY. CITY does not warrant that the work site 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 the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 5 0l agree/harbor sewer/2/28/01 items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. 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. 11. CALIFORNIA PREVAILING WAGE LAW. 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 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. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY 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. 13. CALIFORNIA EIGHT -HOUR LAW 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 6 01 agree/harbor sewer/2/28/01 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 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. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY 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. 15. PAYMENT 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. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 17. 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 7 01 agree/harbor sewer/2/28/01 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 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. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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. 19. 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 working/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 such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Four Hundred Dollars ($400) 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said 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. 8 0l agree/harbor sewer/2/28/01 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 delayedwaiting 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 nowise 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 the number of days the 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 claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 9 01 agree/harbor sewer/2/28/ 01 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) 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. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause anincrease 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; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,. however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the 10 01 agree/harbor sewer/2/28/01 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the 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, less the amount of all previous payments since commencement of the work, -will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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 the 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 contract price shall not be considered as an acceptance of any part of the work. 11 0l agree/harbor sewer/2/28/01 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request 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. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering 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. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, 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, including those arising from the passive concurrent,negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be 12 0l agree/harbor sewer/2/28/01 reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with suchprovisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each _ - employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less 13 01 agree/harbor sewer/2/28/01 than $1,000,000. Said policy shall name CITY, its officers, and employees 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 abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." 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 said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14 01 agree/harbor sewer/2/28/01 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. 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 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 32. NON -ASSIGNABILITY 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. 15 01 agree/harbor sewer/2/28/01 33. 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 California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said 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, regardless of whether or not CITY is named in an action to 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. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify. or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 01 agree/harbor sewer/2/28/01 37. 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 contract 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. 38. 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 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. 39. DISCRIMINATION, 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. 40. 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). 17 01 agree/harbor sewer,'2/28/01 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. 41. 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 employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. 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 18 01 agree/harbor sewer/2/28/01 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. 43. 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 contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (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. 19 01 agree/harbor sewer/2/28/01 (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. 44. 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.). 45. 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. 46. 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 service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 01 agree/harbor sewer'2/28/01 48. ENTIRETY The foregoing represents the entire Agreement between the parties. 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. INSITUFORM TECHNOLOGIES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California BY: I�A�/�D W S IItN� �eginivq � IC2 Pcs. rrn ucl4tc, p Ma or gy. 3 Ila / ATTEST:- e4i nq nTMm ITS: (circle ne) Secretary/C ' ial City Clerk .--aS-- D Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: City�Atttorney f �[ o ��-- 1 IAT D AND APP OVED: City ministrator Director of Public Works 21 01 agree/harbor sewer/2/28/01 INSITUFORM TECHNOLOGIES, INC. ASSISTANT SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Assistant Secretary of Insituform Technologies, Inc., a Delaware corporation qualified as a foreign corporation to do business, among others, in the States of Alaska, Arizona, California, Idaho, Hawaii, Montana, Nevada, Oregon, and Washington, and (the Corporation") and the keeper of the records of the Corporation. I FURTHER CERTIFY that the following is a true and correct excerpt from the by-laws of the Corporation adopted by the Board of Directors of the corporation at a meeting duly called and held and at which a quorum was present: 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, appointed (i) David Smith to the position of Regional Vice President - Pacific of the Corporation, and Steve Hirtz, Joe Fuerborn, Kenneth W. Thompson, and Jennifer Allen and each of the foregoing has been fully authorized by the President of the Corporation "to certify and attest the signature of any Officer of the Corporation and empowered to enter into and 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" and further that each of the foregoing has been granted by the President of the Corporation "full authority to execute and deliver documents on behalf of the Corporation and 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 Assistant Secretary, this if ` day of /inr, , 2000 i A Mbfrt L! Kelley Vice President, Gen 1 Counsel & Assistant Secre T -- _A SECTION C I N� t`rVr-°CZ-rY7 PROPOSAL for the HUNTINGTON H-ARBOliR SENVER LIti NG PROJECT Within an area bounded by EDINGER AV EN`UE TO THE NORTH, SAY BROOK STREET TO THE EAST, WAR- ER AVENUE TO THE SOUTH AND PACIFIC COAST HIGHWAY TO THE WEST CASH CONTRACT No. 1161 in the CITY OF HU`Ni TINGTON BEACH TO THE HONORABLE MAYOR AND IMENIBERS OF THE COUNCIL OF HU, "TiNGT0N 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 L--isurance 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 supenision of the City Engineer of the Ciro of Huntin!rLon Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 150 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 %rzth 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 acr.::1 quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANT Y ITEbI 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 openL'-lg date. If at such time the contract is not awarded, the AGENCY will reject all bids and 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. C-1 4 PROJECT BID SCHEDULE tern sttmate tern tint Exten e No Quantity written in words Unit.Price : Amount . 1 1 ivtobilization of equipment & materials lump sum @ &rat 014t.4 C_j Dollars S _22 S Per lump sum _3.000 2 1 Traffic Control per Specs. lump sum @, (/—,wo ji o -ra �d Dollars S _2.000_ S 2_ 000_ Per lump sum 3 1 Demobilization of a uipment & materials lump sum @. !; e 4• "ra � Dollars S _3.000 S _3.000 Per lump sum 4 100 Grind protruding lateral per City requirements ea. @ OI? e Dollars S , oo S /Go . 00 Cents Per ea. S 47390 1.f. Line 8" host pipe per Specs. CU �ive!r S jo�'/ sw- Dollars S .2S. 'SAD S Cents Per I.f. 6 21330 Line 10" host pipe per Specs. l.f. u, (;-Ze vk, S/,e Dollars S ,Z(o. So S _r4 e Cents Per 1.f. 7 1860 l.f. Line 12" host pipe per Specs. a S'artn Dollar S ��% eo S S"D� ZZD Cents Per 1.f. 8 785 Lire 15" host pipe per Specs. 1.f. @ a Dollars S S 3/, ¢oo, o Cents Per 1.f. 9 1216 Re -open service lateral per Specs. ea. n. SIvc-it�rreDollar-s S 4S, 9,o S ?%� %2 T v Cents Per l.f. 10 253; Rehabilitate Svxer Manhole per City Specs. v.f. @ One R-„eJ�ed ✓e$olln_s S ¢2, oo S ;•s /Va Ce: Per LI L5 ao 0 .r, od C-Is 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 AJ.4& r god in the amount of S /0 a/ 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: Addeirda No. Date Received Bidde 's Sid n ure I � 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 rtion I o !York !Name and Address of Subcontractor I ig State License I Number Class i awe,1 ro iTIn� I C ✓part J/81 N• .Crae Z Al /liani�oft I CA,; ,SaCnC0'2 n'�n�e�.nIF S8¢-i 6A. t mecg O/Od I /� 1 I I I I i I I I I I i i 4 I II 1 I I i I I I i it l I 11 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 3. 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 , t �'ro Loipe? , being first duly sworn, deposes and says that he or she is k1j[P dicrgL Cx` i► t!yr of '�'�i.},✓ i •�+ �er.Qna��� c_the party making the foregoinQ bid that the btd 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 acueed 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 anv member or agent thereof to effectuate a collusive or sham bid. �4v �i.►.. /.9 /K _: c Name of Bidder Signatu f}! P 99_1� of Bidder r c �0- Address 4'L Bidder I Subscribed and sworn to before me this day of , 2001. 7 NOTARY PUBLIC1 -c- , G' s'a6�c BRF 1 ; L: NODELMAN I � T..* .`� (,On,i\' M . # 1146441 a �..F� ``NO'ARPUBLIC • CALIFORNIA �i.� t / LGS ANGELS COUNTY ''�� uy C,�n r :mires JuP ! t, 2001 f NOTARY SEAL, C-4 UTILITY AGREEMENT HONORABLE N1 1AYOR 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, knovn as the HUNTINGTON HARBOUR SEVER LINE"G PROJECT; CC-1161, (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 3, California Administrative Code, Section 2700, as follows: "Qualified Person: A person tivho, by reason of experience or instruction, is familiar with the operation to be performed and the ha-zards 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: 2 =/1"0/ _1.--r►1'r��- �ri. ec�n a l �S ice. � c Contractor B. �-/ ,Jc ltCc-Gic1 JG'1� r 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 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. 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: / Z —/1-0 Contractor VA11* By O�-/ 4 f c Zc fc-3 //<<P V c S 9/ Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION 1 1 ER (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/d,!217 of the Government Code requires a Dic, 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. Di; Alert Identification Number: --L-�11' /.f-v'+'ortit �GG►'Ip�C�7/e�.1--tiC Contractor �— By /�-/ + bF rC, Z-C rr ; Title Date: /z—/3 -G/ Note: This form is required for every Di; Alert Identification JVumher isszied by U.S.A. dziring the course of the Work. Additional forms may be obtained from the AGEiVCY upon request. c-8 BIDDER'S L tFORNMATION BIDDER certifies that the followin; information is true and correct: Bidder Name 4r Business Address irK`f, ) �G� %d- City, (3-6Z) >�Q - Telephone Number State Contractor's License No. and Class j an /1s s Original Date Issued /- 3/ - o� Expiration Date State Zip The work site was inspected by of our office on OG/— % , 2000. The follovzng are persons, firms, and corporations having a prir_cipal interest in this proposal: 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. Company Name Signature oABidder Printed or Typed Signature Subscribed and sworn to before me_ this day E � y of 200L �6RE7L. NODELMAN� .146441 r i , G''AX� USLIC - CALIFORNIA 23 LOS aNGcLGS COUNTY 1 Cc NOTARY PUBLIC 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: Cir OFF� L-P,.6ug r i S� S LS"j"' iL.IC, �yt - T �i� 9 zS ( Name and Address of Public Agency Name and Telephone No. of Project Manager: S"CE V My4 C-t�) 4an — o351 *- L, S1g1 C&-4- t P REcwa> !-±Z 3 Contract Amount Type of Work Date Completed Name and Address of Public Agency to L-6 L , 40► Name and Telephone No. of Project Manager: ?-ot4 � tALE-5 10 /S-Ceye MAP4Ct-- '4 ca, SS I col C-1 ?f !Rc+kA?�' 8fa-c> Contract Amount Type of Work Date Completed G-ry OF tyc%(r2iti" W&A 33G� t� �Wp"� 3LYD ABVJ222T ET26 t�,44 9 20 99!� Name and Address of Public Agency Name and Telephone No. of Project Manager: ttka�G Srtt4!� t 9401) I'v4-4- 334.2_ -!$ I Cdc2 LGz:;c GI f ? JzEt�� Z fog Contract Amount Type of Work. Date Completed C-10 The following information must be returned with the bid Bidder's name:�f t-h��r►. e �h o /cg �� ,^.. c Bidder's address: T 51-¢ y' '}', 1 SR&4-- +c /�v,-t ..rr 4::Z- 5'aG;o- Phone number: S'ct- S ¢e. -c c ge Fax number: r4 Attach a letter to this sheet from the manufacturer stating that: So e ached S-k4c ► er%-4 1. The installer listed above is factory licensed and trained. Sic OHM -fed 2. SDR thickness supplied (minimum thickness SDR 35) F'-' ""' f` R�`.�d �"1 � s�«-�- 04'4 � j` /� C.G� aril.►^ c+� Or l � Ca n � � C..'/G C r.n t-a �j 3. Have the ability and will supply the necessary amount of material within the construction time frame. I7'l kci xk �� r/�•�j �`wr 11 S�Q�!'� /iec PJY'4 r"5 z;^o &--i �f /h..^.'�� ✓'t � L� l.rl� r v� •(%`t_ CI r^ S-j'+^� ao(� � ,� �r h.G �YQ 'r+ c. List of three certified laboratorles that can perform the required ASTM testing. Laboratory number 1: Name: bra Address: f ! o �-- Dew-Ce %�a•��+-o� G� Telephone number: OW z Contact person: Laboratory number 2- Name: �,G�Q Cc Address: Telephone number: Contact person: Laboratory number 3: Name: _ �' y , Address:�- Teleohone number: 3 Z3 - 7 a3 Contact person: J 0-41 (Sv/e!�/� C-11 BIDDER'S CERTIFICATION* HOUSING AND URBANT DEVELOPvIE�IT ACT OF 1968 AS AMEINDED 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 rinitial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements 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:-f-v Jeri eC Contact Person: J1rt �S-n r Contact Phone: 5 G 7 2_�_ -- Si5med fN yo� c Go�e? U d 5-G e� h't qr Date: /2-- / - cl *Note: The above certification is required by the DepeLment of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by bidders and proposed sub -contractor 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 Previous non-compliance with Section 3 could result in disoualification. �c Danz T aot�ost.ot G•12 CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 '31Ti7►rw� 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 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 Harbor Sewer Lining Project Cash Contract No. 1161 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 13 day of February , 2001 . G-23054-D CNA For AU the Commitments You make' Insituform Technologies, Inc. By: V11 "U.V (Seal) Alfonso( Lopez, Vice President & Gen. Mgr. National Fire Insurance Company of Hartford Surety By: +6tkQXM A- (Seal) Kathleen A. Petchulat, Attorney -in -fact 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 LINING PROJECT. CC 1161 January 17, 2001 Notice To All Bidders: Piease note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Title Sheet with rebid due date as February 13, 2001 Section A with revised Council Action date. Unbound Section C in its entirety for convenience of bid preparation. Note Sheet C-11 has been modified including removal of requirement for factory inspection by the Greenbook Committee. This modification does not chance the Enginee?s Estimate far this project. This is to aci<nowledoe receipt and review of Addendum Number one, dated January 17, 2001. Company Name 12-13-01 Date - All bidders must acknowledge the receipt of this Addendum with your bid prcposal. Should you have any questions regarding this Addendum, please call Tedd Ercussard at (714) 536-5247. d G,)., ye ,. Insituform® Technologies, Inc. OWNERSHIP INFORMATION Insituform Technologies, Inc. is a publicly owned company incorporated in the state of Delaware Of icers of Insituform Technologies. Inc. Name Position Anthony Hooper Chairman, President & CEO William A. Martin Sr.. Vice President & CFO Robert L Kelley V. P., General Counsel & Assistant Secretary Carroll W. Slusher Divisional Vice President Lynn Osborn Divisional Vice President Alfonso Lopez Regional Vice President James A. Walters Regional Vice President John Heisler Contracting & Attesting Officer Richard Julio Contracting & Attesting Officer and Responsible Managing Employee (RME) Tony Henrich Contracting & Attesting O►ficer Jennifer Allen Contracting & Attesting Officer Jay Boatwright Contracting & Attesting Officer INSITUFORM TECHNOLOGIES, INC. ASSISTANT SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Assistant Secretary of Insituform Technologies, Inc., a Delaware corporation qualified as a foreign corporation to do business, among others, in the States of California, Nevada, Arizona, Oregon, Washington, Idaho, Montana and Hawaii (the Corporation") and the keeper of the records of the Corporation. I FURTHER CERTIFY that the following is a true and correct excerpt from the by-laws of the Corporation adopted by the Board of Directors of the corporation at a meeting duly called and held and at which a quorum was present: 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, appointed (i) Alfonso Lopez and David Smith as Regional Vice Presidents of the Corporation, (ii) Carroll W. Slusher and Lynn Osborn as Divisional Vice Presidents of the Corporation and (iii) John Heisler, Tony Henrich, Rich Julio and Joe Feuerbom have each been duly appointed by the President of the Corporation as a Contracting and Attesting Officer of the Corporation, and each of the foregoing have been fully authorized by the President of the Corporation "to certify and attest the signature of any Officer of the Corporation and empowered to enter into and 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" and further each have been granted by the President of the Corporation "full authority to execute and deliver documents on behalf of the Corporation and 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 Assistant Secretary, this 28th day of January, 2000 Insituform Technologies, Inc. By: - 4-Z Robert L. Kelley . Vice President, General Counsel & Assistant Secretary Insituform Worldwide Pipeline 702 Spirit 40 Park Drive Technologies; Inc- Rehabilitation Chesterfield. MO 63005 Installer Certification March 12, 1999 Insituform Technologies, Inc. 9445 Ann St. Santa Fe Springs, CA 90670 To Whom It May Concern: Tel: (314) 530-8000 Fax: (314) 519-8010 www.insituform.com Please be advised that Insituform Technologies, Inc., the contracting entity, is also the owner of the Insituform product and process and therefore does not require any outside party to approve the use of the product or process. If you have any questions, please feel free to contact us directly. Sincerely, INSITUFORM TECHNOLOGIES, INC. STATE OF MISSOURI COUNTY OF ST. LOUIS Robert Kelley Vice President & Ge al Counsel Subscribed and sworn to before me on this 12' day of March, 1999 N My co n expires ------------ jA.N'ET D. FRI ZSCHE Notary Public — Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires: Au,-. 6, 2002 v Insituform Technologies; Inc, February 13, 2001 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA Worldwide Pipeline 9445 Ann St. Rehabilitation Santa Fe Springs, CA 90670 Re: Bid Submittal — Manufacture's Statement (ref page C-11) Bid for: HUNTINGTON HARBOUR SEWER LINING PROJECT CASH CONTRACT NO. 1161 Tel: (562) 946-0046 Fax: (562) 944-4906 (800) 328-7117 www.insituform.com As required on page C-11 of the Bid Documents, this letter is to certify that: 1. Insituform Technologies' Southwest Division is factory licensed and trained by Insituform Technologies, Inc., headquartered in St. Louis, Mo. All installation crewmembers are employees of Insituform Technologies. 2. Insituform Technologies' factory has been inspected by the Greenbook Committee in 1987 for the Insituform process at Insituform's factory located factory located in Memphis, Tennessee. 3. The SDR thickness to be supplied for each reach and pipe size shall be in accordance with the Contract Documents. 4. Insituform Technologies has the ability and will supply the necessary amount of material within the construction time frame. We would be happy to provide any additional information necessary for this certification. Sincerely, Alf nso Lopez Gen ral Manager Cc: Ton Henrich Rich d Julio 1, EMB111 HANNON &ILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS �::r'• r..,. _, February 12, 2001 Mr. Eugene Zaltsman Insituform Technologies, Inc. 702 Spirit 40 Park Drive Chesterfield, Missouri 63005 INSITUFORM CIPP DESIGN HUNTINGTON HARBOUR SEWER LINING PROJECT CASH CONTRACT NO. 1161 CITY OF HUNTINGTON BEACH, CALIFORNIA Dear Mr. Zaltsman: As requested, we have reviewed your calculations for the design of the Insituform CIPP for the Huntington Harbor Sewer Lining Project, Cash Contract No. 1161, for the City of Huntington Beach, California. Our review is based on the following documents that Insituform provided to us: • 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., Memphis, Tennessee. • Insituform pipe design input parameter values and calculations prepared by Insituform for the subject project. . The design is performed incorporating the parameter values presented in Table 1. We have reviewed your calculations, attached, and in our opinion the minimum computed design thicknesses presented in Table 2 meet the requirements set forth in ASTM F1216 for the assumed conditions._ The CIPP thicknesses were calculated with the Modified AWWA Formula, which uses maximum groundwater and soil depths as 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, and the design be modified accordingly. 2043 WESTPORT CENTER DRIVE SAINT LOUIS, MISSOURI 63146.3564 314.392.0050 FAX 314.392.0051 41-1-03224-002 Mr. Eugene Zaltsman SHANNON 6WILSON, INC. February 12, 2001 Page 2 Table 1: CIPP Design Parameter Values Design Parameter Value Flexural modulus (short-term) 350,000 psi Flexural modulus (long-term) 175,000 psi Flexural strength 4,500 psi Safety factor 2 Ovality 2 percent Soil modulus 1,000 psi Soil density 120 pcf Truck load (AASHTO H20) 16,000 pounds Table 2: Results of CIPP Design Calculations Pipe Diameter Water Depth (to crown of pipe) Pipe Depth (to flowline) Minimum Computed Design Thickness 8 in. 15.3 ft 23.0 ft 0.20 in. (5.0 mm) 10 in. 7.2 ft 15.0 ft 0.20 in. (5.0 mm) 12 in. 7.0 ft 15.0 ft 0.23 in. (6.0 mm) 15 in. 6.8 ft 15.0 ft 0.29 in. (7.4 mm) 41-1-03224-002 Mr. Eugene Zaltsman February 12, 2001 Page 3 SHANNON 6WILSON, INC. 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. Renee A. Guttmann Engineer Qu0VESSIO�Y'�l 3 LtJ fd rr. J' Eci:N\, :fir TF OF C A0 Christopher B. Groves, P.E. Vice President Attachments: CIPP Thickness Calculations for 8-inch, 10-inch, 12-inch, and 15-inch pipe, performed by Insituform Technologies, Inc. Copies: 2 RAG:CBG/jlr 41-1-03224-002 <><><><><><><> INSITUFORM° CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client:, City of Huntington Beach 02/07/01 Project: 8--, 10", 12", 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA Conduit \ Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 8.00 inches Mean. Diameter 7.84 inches Minimum Diameter 2 % Ovality 16.00 feet Maximum External Water Head to Invert 23.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 22.6 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) (Include 0.00 psi RR surcharge) Thickness Limitations ( inches ) 0.1000 Maximum compressive hoop stress 0.1440 External pressure buckling 0.1177 Minimum stiffness limitation, deteriorated conduit 0.1985 External pressure, deteriorated conduit (AWWA) Minimum Desian Thickness m 0.20 inches 5.0 mm DR = 40.3 C-0 Q Mode of Failure : External pressure, deteriorated conduit (AWWA) W i Long-term Deflection = 1.21% (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. ,150— Designed by Checked by Q,,'UrCSJ Ile o� m 0 r" P /0 A OrECHM'- F OF CA\\\ O INSITUFORM CIPP DESIGN Designed W. GRAVITY PIPE, FULLY DETERIORATED CONDITION Checked by: Date: 02/09/01 PROJECT NAME ------ LOCATION tt=2-,-7jE 0Etj-22dM0jn. CLIENT H asqc% . . . . . . DESIGN CRITERIA PIPE MEAN INSIDE DIAMETER ONCHES) xx OVALITY (q) % PIPE MINIMUM INSIDE DIAMETER ONCHES) OTAMORLIK MW7-M'M9W EXTERNAL WATER (FT ABOVE INVERT) DEPTH OF SOIL (Hs. FT ABOVE TOP OF PIPE) SOIL MODULUS (Es), psi INSITUFORM CIPP FLEXURAL MODULUS (E). PSI INSITUFORM CIPP FLEXURAL STRENGTH (a) psi gum REDUCTION TO ACCOUNT FOR LONG-TERM EFFECTS (%) SOIL DENSITY M Wits LIVE LOAD (Concentrated) lbs (P) LIVE LOAD (Distributed) (P) bf Distributed Load Width, 00 It Distributed Load Length, M it FACTOR OF SAFETY, N DESIGN ALCULATIONS 1. BUCKLING ANALYSIS (MODIFIED AWWA FORMULA) 112 q, = C x[32xRw xMAE4 X(EL X1 N D3 Sohn fort, t=0.721-D- C EL xRwVxEs where, % total external pressure on pipe, psi - 0.433Hw + wHsFWl 44 + Ws K. height of water above top of pipe, it H. height of soll above top of pipe, It W soli density, be Rw water buoyancy Motor - 1 - 0.33(1-6 / Hs), minimum value - 0.67 Ws On load. psi (Wsc and/or Wad) D mean Inside diameter of existing pipe (or Ineltuform CIPP outside diameter), inches C ovality fact =�(I. q I+ q C 100 ( 1100)], q overfly - 100 x (max. die. - mean die.)/meah die. N factor of safety, typical value - 1.5 to 2 IT coefflclent of elastic support - EL flexural modulus of elasticity of Inskulorm CIPP, psi, reduced to account for long-term eftels I moment of Inertia, 0/in - ell 2 t - Inelfthbrrn CIPP thickness, Inches .r PAGE (2) PROJECTiNWWE:«C1tYof.HuMkitoni3each;��r ;���:�: a. Determine load q=O.433xH,A,+Nx xRw+W 144 RW=1-0.33xks) RW ■ 0.78 W ■ 120 Ibs/fi� 1. LIVE LOAD Live loads (concentrated) _0.33xCScxPx1sc where, I N D Wu - concentrated Ibe bad, psi P - concentrated bad, Ibs IF,, - Impact factor C. - bed Influence coefficient (concentrated) D - Inside diameter of existing pipe (or Insfiufarm CIPP outside diameter), Inches Lice bed (distributed) Wad _Cad X P X Fsd 144 where, W.d - distributed live bad, psi p - applied surface bed, AWR2 F.d - Impact factor C.d - bad Influence coef iclent (distributed) D-lnslde diameter of existing pipe (or Insfiufonn CIPP outside diameter), Inches P ■ 16000lbs C.. 0.019 FK 1 p ■ 0 psf Csd 0 Fsd 0 W.. ■ 1.05 psi Ws, ■ 0.00 psi W. at W. + W., • 1.05 psi 2. TOTAL EXTERNAL LOAD qr • 22.6 psi b. Calculate coe111clerd of elastic support W ■ 0.527 PAGE (3) ;PROJSMNAME». Cfty.of HWdk ton'Baaeh c. Calculate ovalfly reduction factor C _ (I toI + o / `10 ] C e 0.836 d. Calculate E{ EL - E - (E x reduction factor to account for long-term effects) EL - 350,000 - ( 350,000 x 0.5 ) EL 0 175,000 psi e. Determine minimum Inspuform CIPP thickness In buckling (Nxq,l t=0.721xDx C /II EL xRw xB'xE8 It e 0.20 In. (External Pressure, Deteriorated Conduit) f. Check minimum stiffness requirement ExI E �! 0093 D' 12x(DR)' where, DR - dimension ratio, DR DR solve for 1, _ D' t E 12x 0.093 t 0 0.118 Inches (Min. Stiff. Limitation, Deteriorated Conduit) It. Deflection (Spangler Formula) Y _ Kx(LW+W,) x100 D E +0.061xE' 1.5x(DR-1)' e where, Y - vertical deflection of InsRuform CIPP, Inches YID - deflection ratio, expressed as a percentage L - empirical lag factor, taken as 1.25 K - bedding constant, taken as 0.083 W - earth bred, psi Ws - five kred, psi (Wac arid/or Wso) DR - Inspuforn CIPP dimension raft - DIt E'. - modulus of soft reaction, psi (typical value 700-1500 psq PROJECVNAME,«.0 of HWolk ton'Beach -ti7 n:_;� =i 3=R r _: PAGE (4) a. Determine loads 1. Earth bad (modified Marston formula) W=CxwxBid 144 where, W - earth bad, psi Bd - trench width, ft w - soil density, Ib/1113 C - 1 - er-7o8° 4/2ku' a -2.718 It - a ratio of horizontal to vertical pressures u' - coefficient of sliding friction between the back811 and trench webs H. - soft depth to top of pipe, ft Bd 2.25 ft ku' - 0.13 Cr 3.58 W - 6.71 psi 2. LNe bad We 1.05 psi b. Calculate deflection Dimension ratio (DR)-DA o 40.3 Y/D 1.21 % < 5% allowable? — O.K. pi, BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKOI Restrained buckling analysis P-2xKxEr, x I xC 1—v' (DR-1y' N D solve for t, t = � � I2xKxE, xC +I -P x Nx 1-v' D - mean I.D. of exlsting pipe (or Insftuforn CIPP outside dls.), inches I - Inskuform CIPP thickness, Inches DR - dimension ratio, (DA) P - allowable restrained buckling pressure, psi (or allowable extemal pressure measured above the pipe Invert) K - enhancement factor (typically 7) EL - flexural modulus of elasticity of Inskuform CIPP, psi, reduced to account for long-term effects �PRO;!&CT=NAME:.` Citsl of #htoU9ton' Beach ._- _ C - ovalily reduction factor l (Mean Diameter - Minimum Diameter) q-100x Mean Diameter v - Poisson's Ratio (0.30 typical for Inshuform CIPP) N e safety factor, (typioally, 1.5 to 2) a. Determine load P_Hg,x62.4 144 H. - External water above Invert (ft) . P . 6.93 psi b. Calculate thickness K - enhancement factor 7 v - Poisson's ratio ■ 0.3 t S 0.14 Inches (External Pressure Bucklina) IV. PRESSURE LIMITED DUE TO STRESS 1.Sx100 (1+100)xDR2-O.Sx(1+i-00) =PN where, a . flexural strength of Inshuforrn CIPP, psi solve for t, z 1.5x 9 xrl+ 9).(2) -0.5xr1+ 9)x(j�)= a 100 \\ 100 l t l 100t PN 1.9554 4.08 324.5 12 t 324.5 t2 + 4.08 t 1.96 0 t ■ 0.1000 Inches (Maximum Compressive Hoop Stress) PAGE (5) oQ� CFESSION� 4 JR bYi,-(J 5~ a i m a " U, rr wj J /Ox. -31C.� � v F OF C A0 <><><><><><><> INSITUFORM® CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: Project: Location: City of Huntington Beach 02/07/01 8", 10", 12", 15" Sewer. Cash Contract #1161 Huntington Beach, CA Conduit \ Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 10.00 inches Mean Diameter 9.80 inches Minimum Diameter 2 % Ovality 8.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 14.5 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (includes 0.84 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includ( 0.00 psi RR surcharge) Thickness Limitations ( inches ) 0.1000 Maximum compressive hoop stress 0.1434 External pressure buckling 0.1472 Minimum stiffness limitation, deteriorated conduit 0.1970 External pressure, deteriorated conduit (AWWA) Minimum Desion Thickness = 0.20 inches = 5.0 mm DR = 50.8 Mode of Failure: External pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.15% (Spangler) Based on Trench Width of 2.5 feet 0.8 meter QOp ESS/0/11 O � CID c.7 r / 1/4 TfCNN\�' �3 The input data for this project should be verified in the field F OF C A��� prior to construction. Should other conditions exist now or are expected to change over the design rife of this Insituform CIPP then appropriate adjustments must be made to the design calculations. Designed by INSITUFORM CIPP DESIGN GRAVITY PIPE, FULLY DETERIORATED CONDITION Designed by: Chocked by: Date: 02/09/01 PROJECT NAME S- 4 LOCATION CLIENT DESIGN CRITERIA PIPE MEAN INSIDE DIAMETER (INCHES) th 'TV OVALI'TY (a) % PIPE MINIMUM INSIDE DIAMETER (INCHES) EXTERNAL WATER (FT A13OVE INVERT) DEPTH OF SOIL (Hs' FT ABOVE TOP OF PIPE) SOIL MODULUS (Es), psi INSITUFORM CIPP FLEXURAL MODULUS (E). psi INSITUFORM CIPP FLEXURAL STRENGTH (a) PSI REDUCTION TO ACCOUNT FOR LONG-TERM EFFECTS M) SOIL DENSITY W IbM3 LIVE LOAD (Concentrated) ft (P) LIVE LOAD (Distributed) (p) bf Distributed Load Width, M It Distributed Load Length, (Y) It FACTOR OF SAFETY, N DESIGN CALCULATIONS 1. DUCKLING ANALYSIS (MODIFIED AWWA FORMULA) qt,sx 32xRxxEx k N ( 1/2 D'X1)] B I solve for I. t = 0.721 - D x C (Nxq EL xR,lYxE. where, qt total wdemal pressure on pipe, psi - 0.433kw + wHsFW1 44 + Ws K. height of water above top of pipe, It H. height of soli above top of pipe, ft W soli density, W" Rw water buoyancy factor - I - 0.33(Hw / Hs), minimum value - 0.67 Ws On load, psi (Wee and/or Wsd ) D mean Inside diameter of e**V pipe (or Ineltufarm CIPP outside diameter), Inches C ovailly fact =�10(I. A-0/ I+ q C ) ( too )2 q ovality - 100 x (max die. - mean die.)/mean die. N factor of safety, typical value - 1.5 to 2 B, coeftlent of elastic support - EL flexural modulus of elasticity or Insituform CIPP, psi, reduced to account for longterm effects I moment of Inertia, W/In - 113/12 t Inallullorm CIPP thickness, Inches a 65Hs � + 44' PAGE (2) PROJECT-WM—41tyoi'Hunoiton'•Beach +- a e. Determine bed q=O.433<H,,,+Wx xRw+W 144 Rw,=1-0.33x(H. ll Hs Rw ■ 0.84 W . 120 Want' 1. LIVE LOAD Live beds (concentrated) _O.33xCg,xPxFsc where, WC MD W. - concentrated Mve load, psi P - concentrated bed, Ibs F. - Impact factor CK - bad Influence coel iclem (concentrated) D - Inside diameter of existing pipe (or Insitufonn CIPP outside diameter), Inches Live bed (distributed) Wsd =Csd x p x F.d 144 where, W,d - 41stribuled We bed, psi p applied surface bad, Ib*2 F.d - Impact factor C.d bed Influence coefficient (distributed) D - Inside diameter of exkMg pipe (or Insituform CIPP outside diameter), Inches P 160001bs CK 0.019 FK 1 p 0 pef Cad 0 Fad 0 W. 0.84 psi Wad' 0.00 psi W. • W.0 + W.d ■ 0.84 psi _2. TOTAL EXTERNAL LOAD qj , 14.6 psi b. Calculate coefficient of ebstic support W . 0.399 PAGE (3) c. Calculate ovallty reduction factor l C . 0.836 d. Calculate EL EL - E - (E x reduction factor to account for long-term effects) EL a 350.000 - ( 350,000 x 0.5 ) EL - 175,000 psi e. Determine minimum InsNuform CIPP thickness In buckling (Nxq, t=0.721xDx C Ei xRw xB'xE, t 0 0.20 In. (F_xtemal Pressure, Deteriorated Condutt) f. Check minimum stiffness requirement E x I_ E 2 0.093 D' 12x(DR)' where, DR - dimension ratio, DR DA solve for t, r E 12x 0.093 t ■ 0.147 Inches (Min. Stiff. Llmilation, Deteriorated Conduit) 11. Deflection (Spengler Formula) Y Kx(LW+We) x100 D a E +0.061xEg 1.5x(DR -1)' where, Y - vertical deflection of InsBufonn CIPP, Inches Y/D - deflection ratio, expressed as a percentage L - empirical lag factor, taken as 1.25 K - bedding constant, taken as 0.083 W. - earth bed, psi Ws - Ihre bad, psl (Wsc and/or We@ DR - Inshufonn CIPP dimension ratio ■ DA E, - modulus of soil reaction, psi (typical value 700-1500 psq PAGE (4) a. Determine loads 1. Earth load (modified Marston formula) W_CxwxBd 144 where, W - earth bed, psi Bd - trench width, It w - soil density, Ib/fts C - 1 - e1-2'�/2ku' e -2.718 k - a ratio of horizontal to vertical pressures u' -coefficient of sliding friction between the backftll and trench wells H. - soil depth to top of pipe, It Bd 2.5 a W. 0.13 Cr 3.04 W - 6.33 psi 2. Live bed Ws 0.84 psi b. Calculate deflection Dimension ratio (DR)-D/t a 50.8 Y/D - 1.15 % < 5% allowable? — O.K. ill BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKO) Restrained buckling analysis P=2xKxEL x 1 x C 1 (DR-1,' N solve for t, t = D 2xKxELxC +1 P x N x 1-v' ] D - mean I.D. of existing pipe (or Insituform CIPP outside dia.), Inches t - Insituform CIPP thbkness, Inches DR - dimension ratio, (DR) P - allowable restrained buckling pressure, psi (or allowable extemal pressure measured above the pipe Invert) K - enhancement factor (typically 7) EL - flexural modulus of elasticity of Inskubrm CIPP, psi, reduced to account for long-term effects PAGE (5) PROJECT. -NAME::. Cltll of Hunllbton:Beach C ■ ovality reduction factor ■ (Mean Diameter - Minimum Diameter) q■100x --- Mean Diameter v ■ Polsson's Ratio (0.30 typical for Inshuform CIPP) N ■ safety factor, (typically 1.5 to 2) a. Determine load P _ Ha,, x 62.4 144 H� - External water above Invert (ft) P ■ 3.47 psi b. Calculate thickness K ■ enhancement factor ■ 7 v ■ Poisson's ratio ■ 0.3 t ■ 0.14 Inches (External Pressure Suckllnul IV. PRESSURE LIMITED DUETOSTRESS 1.Sx 100x11+1001xDR' -O.SxI 1+100)xDR= PN where, a - flexural strength of Inskuform CIPP, psi Q�'p F E S S /Q n solve 9 t, 1 q _D o `. Q�G'� �R EiYk�ry �` 1.SxAZ 100x(1+100)x(�D)-O.Sx(1+100)x(t)cPN C-1) r w r. 3.06 5.1 cz: %. 649.0 4 /310) t, t 849.0 t� + 5.10 t 3.06 0 9T OF C A. to 0.1000 Inches (Maximum Compressive Hoop Stress) <><><><><><><> INSITUFORM® CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: City of Huntington Beach 02/07/01 Project: 8", 10", 12", 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA Conduit \ Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 12.00 inches Mean.Diameter 11.76 inches Minimum Diameter 2 % Ovality 8.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 14.3 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (includes 0.70 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,OOOlbs per axle or 320,OOOlbs per truck) (includ( 0.00 psi RR surcharge) Thickness Limitations (Inches) 0.1000 Maximum compressive hoop stress 0.1721 External pressure buckling 0.1766 Minimum stiffness limitation, deteriorated conduit 0.2343 External pressure, deteriorated conduit (AWWA) Minimum Desion Thickness 0.23 Inches 6.0 mm DR = 51.2 Mode of Failure : External pressure, deteriorated conduit (AWWA) Long term Deflection = 1.14% (Spangler) Based on Trench Width of 2.5 feet 0.8 meter ��'pFESS'041 tK B Y'Y C ter' Fi t• c v� C7 c., V rr, w R ' 12/31 1di The input data for this project should be verified in the field TF �\ prior to construction. Should other conditions exist now or are Or Cr,�- J 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 GRAVITY PIPE, FULLY DETERIORATED CONDITION Designed Checked by: �42109101 Date: PROJECT NAME C( of:Hunti on Beach? LOCATION 8"`10':12':15'Sewer.Cash'Contract5#1161 -: CLIENT Hiunti ton'BeactiiCA�ti.r;':F DESIGN CRITERIA PIPE MEAN INSIDE DIAMETER INCHES 120In OVALITY % PIPE MINIMUM INSIDE DIAMETER INCHES EXTERNAL WATER FT ABOVE INVERT r6:0fEg9z`r DEPTH OF SOIL (Hs, FT ABOVE TOP OF PIPE).°.15 SOIL MODULUS (E's), psi k 1 000 ' P ssi INSITUFORM CIPP FLEXURAL MODULUS Epsi =350'000_w sl:��' W' .,&- t INSITUFORM CIPP FLEXURAL STRENGTH apsi REDUCTION TO ACCOUNT FOR LONG-TERM EFFECTS SOIL DENSITY w lb/ft''lbsl'ft'V.WW9 LIVE LOAD Concentrated Ibs P d6b0112.Ib PMWG. wa- LIVE LOAD Distributed Ib/ft20. 71lis7(tMg Distributed Load Width X ft Distributed Load Len th Y ft s w 20 = cif zW"4-W:.h &_' FACTOR OF SAFETY N DESIGN CALCULATIONS I. BUCKLING ANALYSIS (MODIFIED AWWA FORMULA) q�=Nr ( lu: xf 32xRW xBxEsxl E`L 0 (Nxq,l Solve for t, t= 0.721 x D x C EL xRwgxEs where, q, - total external pressure on pipe, psi = 0.433Hw + wHsRw/144 + We H. - height of water above top of pipe, ft H. - height of soil above top of pipe, ft W - soil density, Ib/ft' Rw - water buoyancy factor = 1 - 0.33(Hw / He), minimum value = 0.67 We - live bad, psi (Wsc and/or Wsd ) D - mean inside diameter of existing pipe (or Insituform CIPP outside diameter), Inches ty C - ovali Cfact�rt- 100 Jq 1+ 1q q - ovality = 100 x (max. dia. - mean dia.ymean dia. N - factor of safety, typical value = 1.5 to 2 B' - coefficient of elastic support = EL - flexural modulus of elasticity of Insituforrn CIPP, psi, reduced to account for long-term effects I - moment of inertia, in'/in = t'/12 t - Insitufonn CIPP thickness, Inches g, _ 1 0.65H. 1 + 4e PAGE (2) 'PROJECT NAME.'- City of Huntigton:Beach a. Determine load q,=0.433xHW +wxH44Rw +WS R,=1-0.33x(HW) l Hs RN, = 0.85 W = 120 Ibs/ft' 1. LIVE LOAD Live loads (concentrated) _0.33xCSC xPxFsc where, Wsc I N D W. • concentrated live load, psi P - concentrated load, Ibs Fr • impact factor Ca - bad influence coefficient (concentrated) D - inside diameter of existing pipe (or Insitufonn CIPP outside diameter), inches Live bad (distributed) Wsd _Csd xpXFsd 144 where, W.d - distributed live load, psi p - applied surface load, Ib/ft2 F.d - impact factor C.d - bad influence coefficient (distributed) D - inside diameter of existing pipe (or Insitufonn CIPP outside diameter), inches P = 16000 lbs C.. = 0.019 F. = 1 p = 0 psf Csd = 0 Fsd = 0 W. = 0.70 psi Wed = 0.00 psi W. = W.. + W.d = 0.70 psi 2. TOTAL EXTERNAL LOAD q, , 14.3 psi b. Calculate coefficient of elastic support B- = 0.399 .. I PAGE (3) PROJECT -NAME:.: Cityof:Huntigton Beach- 'W', c. Calculate ovality reduction factor C—I(1 1� /�l+100 C = 0.836 d. Calculate EL EL = E - (E x reduction factor to account for long-term effects) EL = 350,000 - ( 350,000 x 0.5 ) EL = 175,000 psi e. Determine minimum Insituform CIPP thickness in buckling rNxq,lI lil t=0.72lxDx l C /I ELxRwxBIxEs t = 0.23 In. (External Pressure, Deteriorated Conduit) f. Check minimum stiffness requirement E x I _ E > 0.093 D' 12x(DR)' where, DR = dimension ratio, DR = D/t solve for t, _ D' t E 12 x 0.093 t = 0.177 Inches (Min. Stiff. Limitation, Deteriorated Conduit) II. Deflection (Spangler Formula) Y_ Kx(LW+Ws) x100 D E +0.06lx E; 1.5x(DR-1)' s where, Y - vertical deflection of Insituform CIPP, inches Y/D - deflection ratio, expressed as a percentage L - empirical lag factor, taken as 1.25 K - bedding constant, taken as 0.083 W - earth load, psi Ws - live load, psi ( Wsc and/or W8D) DR - Insituform CIPP dimension ratio = D/t E', - modulus of soil reaction, psi (typical value 700-1500 psi) PAGE (4) !PROJECT,NAME... City of=Huntipton Beach ` '. •. a. Determine loads 1. Earth load (modified Marston formula) W—CxwxBd 144 where, W - earth load, psi ad - trench width, ft w - soil density, Ib/ft3 C - 1 - e(-'k"H 'd)/2ku' e -2.718 k - a ratio of horizontal to vertical pressures u' - coefficient of sliding friction between the backfili and trench walls H, - soil depth to top of pipe, ft Bd = 2.5 ft ku' = 0.13 C= 3.04 W = 6.33 psi 2. Live bad Ws = 0.70 psi b. Calculate deflection Dimension ratio (DR)=D/t = 51.2 Y/D = 1.14 % < 5% allowable? "' O.K. II. BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKOI Restrained buckling analysis P=2xKxEL x 1 xC T1- 2 (DR-ly N D solve for t, t = 113 [2xKxE,xC +1 PxNx(l—. ')] D - mean I.D. of existing pipe (or Insituform CIPP outside dia.), inches t - Insitufor t CIPP thickness, Inches DR - dimension ratio, (D/t) P - allowable restrained buckling pressure, psi (or allowable external pressure measured above the pipe Invert) K - enhancement factor (typically 7) EL - flexural modulus of elasticity of Insituform CIPP, psi, reduced to account for long-term effects •z PROJECT NAME... City ofHuntigton Beachti , `= C = ovality reduction factor = r �1 100)/(1+100)], L (Mean Diameter - Minimum Diameter) Q = 100 x Mean Diameter v = Poisson's Ratio (0.30 typical for Insituform CIPP) N = safety factor, (typically 1.5 to 2) a. Determine bad P _ H w x 62.4 Hw - External water above invert (ft) 144 P = 3.47 psi b. Calculate thickness K = enhancement factor = 7 v = Poisson's ratio = 0.3 I c 0.17 Inches (External Pressure Buckling) IV. PRESSURE LIMITED DUE TO STRESS 1.Sx—x 1+— xDR -0.5x 1+— xDR= a 100 ( 100) 2 ( 100 PN where, a = flexural strength of Insitufonn CIPP, psi solve for t, 2 ( 1.Sx100x(1+100)x(D)-0.5x11+100)x(D) PN 4.4064 6.12 649.0 t 649.0 e + 6.12 t - 4.41 = 0 t = 0.1000 Inches (Maximum Compressive Hoop Stress) PAGE (5) OFESJ%Qi �VRt tK 01, 'V �2 �GL cz 1 " m W C 62 /31 /01 �- J cnTEC"di F- Tr <><><><><><><> INSITUFORM® CIPP DESIGN (as per ASTM F1216) Client: City of Huntington Beach Project: 8", 10", 12", 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA 02/07/01 Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 15.00 inches Mean Diameter 14.70 inches Minimum Diameter 2 % Ovality 8.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 14.1 psi Total Earth Loading 16,000 lbs Live load per AASHTO (includes 0.56 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includ( 0.00 psi RR surcharge) Thickness Limitations ( inches ) 0.1000 Maximum compressive hoop stress 0.2151 External pressure buckling 0.2208 Minimum stiffness limitation, deteriorated conduit 0.2898 External pressure, deteriorated conduit (AWWA) Minimum Design Thickness 0.29 inches 7.4 mm DR = 51.8 Mode of Failure: External pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.32% (Spangler) Based on Trench Width of 3.5 feet 1.1 meter Q�'QEESS/04% ern � C 2 v r^ 0 62 z 2131 The Input data for this project should be verified in the field \ Ur N�/ 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 Designed by: GRAVITY PIPE, FULLY DETERIORATED CONDiTION Checked by: Date: 02/07/01 PROJECT NAME it3et►ofr a ". .t.w ix ems. _' ? rr ?z� 'e5 sdr 'whiz r s• LOCATION '- . 0"' 2 i5 8evier`Oesh`Coidiactt 6 - E.)s!$t:::•'.Ya x{ i 5 z-. 3 #a CLIENT BB8CF1� Cpsscszix`% :.; Y -.. °pu0?eitt,rx e;_+ ---r-',� -.y -•� <.ucb ill€ _ d DESIGN CRITERIA~, x PIPE MEAN INSIDE DIAMETER(INCHES) tf OVALITY % PIPE MINIMUM INSIDE DIAMETER INCHES EXTERNAL WATER ABOVE INVERT).mid. DEPTH OF SOIL (Hs, FT ABOVE TOP OF PIPE) SOIL MODULUS (Es), psi WSITUFORM CIPP FLEXURAL MODULUSpsi 390fi0OD_-_ .... INSITUFORM CIPP FLEXURAL STRENGTH a I REDUCTION TO ACCOUNT FOR LONG-TERM EFFECTS % SOIL DENSITY M IbM3 Ib81lt LIVE LOAD Concentrated Ibs LIVE LOAD(Distributed) Ib/It2 Distributed Load Width fl Distributed Load Length, ft FACTOR OF SAFETY N n DESIGN CALCULATIONS I. BUCKLING ANALYSIS (MODIFIED AWWA FORMULA) q, = C xl r tin 32xR„ xBxE; xl( ED' 1�J \Nxq'l Solve for I, t=0.721 xDx C E y x R a HxE, where, q, - total external pressure on pipe, psi - 0.4331-6 + wHsFW144 + Ws H. - height of water above top of pipe, ft H, - height of soli above top of pipe, ft W - soli density, bM3 Rw - water buoyancy factor - 1 - 0.33(H6 / Hrj, minimum value - 0.67 Ws - live bed, psi "so and/or Wad) D - mean Inside diameter of existing pipe (or Insituform CIPP outside diameter), Inches C- ovaltyfaT QC 100 ` 100 J q - ovally - 100 x (ma)L die. - mean dkL)/mean dia. N - factor of safety, typical value - 1.5 to 2 IT - coefficient of elastic support • EL - flexural modulus of elasticity of Inaltulorm CIPP, psi, reduced to account for long-term effects I - moment of inertia, In4nn • t3/12 t - Instulban CIPP thk imess. Inches a = 1 + 4e o.ssx, PAGE (2) TROJECT=NAME;:t�tir of Hdetlrigtorr Beach-< :.. ; � - ,; •; e. Determine load q=0.433(Hw+wxKxxR,+W 144 Rw,=1-0.33x1 H4° l s/ Rw - 0.85 W . 120 lbslfl' 1. LIVE LOAD Live bads (concentrated) 0.33xCs,xPxFsc where, I N D WK - concentrated Ave bad, psi P - concentrated bad, Ibs F. - Impact factor CK - load lrt&w" coeftient (concentrated) D - Inside diameter of existing pipe (or Insituform CIPP outside diameter), Inches L.hre bad (distributed) Wsd =Cad x P x Fsd 144 where, W.d - distributed Ave bad, psi p - applied surface bad, IbM2 F.d - Impact factor C.d - bad Influence coefficient (distributed) D - Inalde diameter of existing pipe (or Insfluform CIPP outside diameter'), Inches P 16000lbs CK 0.019 F. 1 p 0 psf Csd 0 Fsd 0 W. 0.56 psi Wsd' 0.00 psi W. • W. * W.d • 0.66 psi 2. TOTAL EXTERNAL LOAD qt a 14.1 psi b. Calculate coefficient of elastic support W . 0.399 PAGE (3) PRO�IECTstJAIYlE:i=c9tvbtliunanQtonesach':: r •�.: ;.�.,,,.:::: c. Calculate ovalfty reduction factor C-I(I 100 ) r/\I+100 J J C - 0.836 d. Calculate EL E{ - E - (E x reduction factor to account for long-term effects) EL - 350,000 - ( 350,000 x 0.5 ) EL - 175,000 psi e. Determine minimum Insftubnn CIPP thickness In buckling (Nxq,l t=0.72lxDx Il C 11 Ei xRw xBxE., t ■ 0.29 in. (External Pressure, Deteriorated Conduit) f. Check minimum stillness requirement ExI _ E 2 0.093 D' 12x(DRY where, DR ■ dimension ratio, DR - DA solve for t, _ D' t E1113 12 x 0.093 t a 0.221 Inches (Min. SM. Limitation, Deterlorated Condutt) 11. Deflection (Spangler Formula) Y Kx(LW+W,) x100 D c E +0.061xE 1.5x(DR-1)' s where, Y - vertical de action of Inaltuform CIPP, Inches YID - deflection ratio, expressed as a percentage L - empirical leg factor, taken as 1.25 K - bedding constant, taken as 0.083 W - earth bad, psi Ws - M bad, psi (Wsc and/or Wsc) DR - Insftuform CIPP dimension ratio - DA E. - modulus of soft reaction, psi (typical value 700-1500 psO PAGE (4) a. Determine bads 1. Earth bed (modified Marston formula) W=CxwXBd 144 where, W - earth load, psi Bd - trench width, It w - soil density, Ib/fl3 C -1- e(-a`"'—d"/2ku' e -2.718 k - a ratio of horizontal to vertical pressures u' - coefficient of sliding friction between the backfttl and trench walls H, - soil depth to top of pipe, It Bd = 3.5 fi ku' 0.13 (> 2.58 W e 7.54 psi 2. Live load Ws 0.56 psi b. Calculate deflection Dimension ratio (DR)-Drt - 51.8 YID a 1.32 % c 5% allowable? — O.K. III, BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKO) Restrekied buckling analysis P=2xKxEr, x 1 xC 1—v' (DR-1y' N solve for t, t = D 113 2xKxE,xC +1 P x N x 1-0 )] D - mean I.D. of existing pipe (or Insituform CIPP outside die.), Inches t-Insduforrn CIPP thickness, Inches DR - dimension ratio, (DA) P - allowable restrained twckfing pressure, psi (or allowable external pressure measured above the pipe Invert) K - enhancement factor (typically 7) EL - flexural modulus of elasticity of lnsauforrn CIPP, psi, reduced to account for bng-terrn effects PAGE (5) 'PROJECTNAME-:CkYb4Ht�tiUnptoaBeach �:"; ,::=::< ,.,. C ovalfly reduction factor l a ' [(1 10 H0 I - 100 l/ J (Mean Diameter - Minimum Diameter) q-100x — - Mean Diameter v - Polsson's Ratio (0.30 typical for Insituform CIPP) N - safety factor, (typically 1.5 to 2) a. Determine bad P_Hp,x62.4 144 H� - External water above Invert (ft) P 3.47 psi b. Calculate thickness K enhancement factor ■ 7 v Polsson's ratio - 0.3 t ■ 0.22 Inches (Extemal Pressure Buckling) IV. PRESSURE LIMITED DUE TO STIR ESS 1.5x100x(1+1001xDRe .0.5x(1+100IxDR-PN where, a ■ flexural strength of Inskuform CIPP, psi solve for t, 1.Sx—x 1+-- x D 3-0.5x 1+— x D= 100 ( 100) ( t) ( 100) ( t) PN 6.885 7.65 649.0 tZ t 649.01? + 7.65 t - 6.89 - 0 t ■ 0.1000 Inches (Maximum Compressive Hoop Stress) TEC',"N\r'�\ \� OF CF\V J: it "01: 00 kD 14:47 FAX 6365305 44 INSITUFORII 'rECHNOLOGIES --- SW SA�'rA FE. Insituform Technologies; Inc. Pena .i anon 501, i! -0 °ark Mo 53005 Fax www ^5 CERTIFICATE OF COMPLIANCE Date: November 1, 2000 Project Reference: Huntington Beach Harbour Project Contract #1161 Huntington Beach, CA AOC 102TA is a resin that has been approved by Insituform Technologies, Inc. for use in Insituform projects. AOC 102TA resin has a successful history in both lab conditions and actual field installations and meets the chemical resistance recommendations of ASTM F1216-98 and ASTM D5813-95. We recommend the following physical properties for Insituform design when using the AOC 102TA polyester resin system: Flexural Modulus of Elasticity....................................400,000 psi Flexural Strength ........................................... I .......... 4,500 psi Flexural Modulus Reduction to Account For Long-term Effects...........................................50% The above values were derived from samples tested in accordance with modified ASTM D-790 and D638 when used and installed in accordance with procedures recommended by Insituform Technologies, Inc. INSITUFORM TECHNOLOGIES, INC. STATE OF MISSOURI COUNTY OF ST. LOUIS Subscribed and sworn to before me on this �S4 day of ove"16r in the year 2000, Noiary Public LAURAJONES 1 1�IISN otay oURI� My Lawlla County 11 ,01 00 WED 14:47 FAX 6365308744 il/lr/aa RGt/ to:uo r^.& J19 DIV oulu INSITUFORM TECHNOLOGIES ,-- SW SANTA FE: itYJllul-L)" jrit_nnuLuulrz) x &Nu u HAUSER M November 17, 1999 Test ReportNo. E9-0544 Page i of 4 CLIENT: inakuform Technologies, Inc. 17999 Edisoa Avenue Chesterflcld, MO 63005-3700 Attn; Greg Blvd RE: POR-05508 ,MATERL4.L: Thirty-five individual composite specimens approximately 8 inches x 'h inch x 0.235 inches were submitted and identified as Insitufe: mC 102TA. Composite Samples. TFSMG. Chemical Resistance testing was corriueted is accordance with ASTM D5813-95, paragraph 6.4.1. The specimens we= immerse,.-' 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 =ordance 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 50% Relative Humidity and 23IC for the 369 day period. Chemical Solution Conceatration Nitric acid 1 Sulfuric acid 5 ASTM Fuel C 100 Vegetable oil l00 Detergent 0.1 Soap 0.1 RESULTS: The rewlts are summarized in Table I as the percentage retention of flexural modulus and flexural strength after the one-year immersicr. All values ex ed the ASTM D5813 requiruncrrts of at least 80% retcrltion of flexural modulus after one-year imme-sion in all solutions. Detailed values are presclted in Table 2. TESTING SUPERVISED BY: re Section Manage; TESTING CONDUCTED BY: Dale J. Beasle Technician II Ns roper) •po+e-. or4y Lo the sorripic. w samPlos. InvWigmad and c nac rxcassarily Indentiye a: r1W S:a(ily ar CondWw cl awrnrr'iv c• : Prod.ctc. AS a m rual P-r—I&Cli:n 0 Cisints, ow public gild these LawyScaries, ttus (npert it sutw L:lea end aCcte)(ad tw Ihr. ezcCsive uec rl I'K c.a-: is rr iC iOdrRssed and uper, t"c condlCcn =1 It Is net b h4 used, In WvIc or in pwl. b gny aCvoNsirg Or puorlclly moue . i vx l Prix wn''an avRn rs . !'eviv Laberv.cries Th!c report nary Do copied only In its cndreiy. Hauser Laboratories - 4750 Nautilus C1, So. - Boulder, CO 6030e-3240 - www.hauser.coM. - PR: (800) 241-2322 - Ph: (3C3) 581-0079 - FAX: (303) 581-0195 R :1 01 00 WED 14:4S FAX 63653OS 44 fP- J14 Olu Oulu INSITUFORII TECHNOLOGIES --- SW SANTA F'E 1P+b11uruxj -#ii x tiND D November 17, 1999 Tea Report No. E9-0544 Page 2of4 TABLE I SLTN06ARY OF FLE XLTF AL TEST RESULTS Selwdon Avenge Rr atioa of F1c=rz1 Suei$th Average Rrt=rion of Fl=na! Mcd::lus N,tric acid 87 94 Sulfuric acid 1 87 98 A5TM FucI C 90 100 Ve le nil 87 141 D5tslent 85 85 Soa I 88 88 _ ASPIA D5813 R�turcmrnt 80 minimum �r. 'WED 14: 4S FAX 6365308744 11/17/99 WED 18:05 FAX 014 519 801C INSITUFORN TECHNOLOGIES --- SIF SANTA FE INSITL'FOM TEcRNoI ocIES R kND D November 17, 1999 Test Report No. E9-0544 Pagc 3 of 4 TABi.E 2 DETAM D FLEXLke PROPERTIES Specimen No. Maximum Flexural Strtngth Flexural Modulus aneent Value ... 4/0 Reteaticn Value % Retention i Si I 1 % 57 Control i 1 1 6960 lj 746000 1 j 2 i 6970 722000 ' 3 7450 `' 718000 i 4 9630 P'1 733000 I 5 I 8560 792000 Average ! 7690 „ 100 742000 100 Std. Dev. 850 .:J 29700 Nitric Acid Exposure 1 ! 66:10 676000 2 6810 ;; 721000 3 ! 6670 : ` 725000 j 4 ! 6650 ;.I 660000 , 5 I 6620 716000 Average 6670 87 700000 94 1 Std. Dev. 80 ! ' 29600 ! Sulfuric Acid Emosure• i 1 67.10 ': � 672000 2 6540 : ; I 711000 3 6530 768000 4 6400 730000 5 . _ . I 7140 i' 758000 Averme 6670 j= 87 729000 98 Std. Dcv. 290 :!. 38500 ASTM Fuel C Expowre 1 6650° 734000 I j 2 16450 ::' 751000 3 I 7310 :; 701000 4 7000 :A;: 790000 ' 5 7300 i Average 6940•`1. 90 7440M 100 Sid. Dev. 390 ' 4 37000 •b. li% 101/00 ',FED 14:45 FAX 63653051-44 INSITUFORM TECHNOLOGIES --- SW SAYTA FE November 17,1999 Test Report No. E9-0544 Page 4 of 4 TA]3r..F- 2 �Tt�YUED Specimen No. I Maximum IW=z-al StrenlLth Flexural Modulus (Tangent) I YSiue :---:I!% R=nti(3n Value % Rctent on I P4 -A % psi % Vegetable Oil B=osurc 1 7320 JAI; 726000 2 I 6230 74 000 3 6 7 6 -0 769000 4 6410 I 735000 5 I 6560 MOW Averse 87 75-3000 101 Std. Dev. 420 ± 24900 kl. 1 Detergent E=osare I I 71f10 1! 605000 1 6 16 0--:,!. 1 i 634000 -2 3 6630 650000 4 57,60 623000 5 I .7030 6520M Average 6540 "A 85 I 633000 j 95 Sid. Dev. 570 19400 Lj J. Soap Ex osure 1 I 611-0 . 619000 2 I .6960 141 647000 3 6930 4,A] 688000 7 i 4 '6780: 658000 5 727ffi= 657000 Aven ge 6790'i: "i il . 88 654000 1 89 SuL DcV, 420 J.. 4 !1 25000 11.` C1 . 00 ;'Ell 14: 49 FAX 6365305744 Insituform INSITUFORII TECHNOLOGIES --- SW SANTA FE Worldwide Pipeline 702 Soirii 40 Park Drive Tel: (314) 530.8CCC Penabiliralion Ches:edield, M063005 'Fax. (314) 51S-80'� ww,v.invulorr' c:rn Flexural Creep Modulus AOC 102TA Polyester Resin 9e+5 8e+5 j----- -----=----------——--------- 8E 7e+5 ------- ------------------------------ J 7_-- i Be+5 '—_------- --------------------- ��- N CL 5e+5 --------- 100Hrs---------------- -- - 75 4e+5 ------------------- --:4_ 1,000 Firs (� 3e+5-------------------- i j.0000.Hrs . ------ �,- i i 2e+5 �= 1e+0 1e+1 1e+2 1e+3 1e+4 1e+5 Time (hours) 50 Ye, -- Testing done in accordance with ASTM D2990 by Hauser Laboratories f. 03/29/2001 15:A FAX Ua., Ia/UI J.1: UL rAA 4: LUCKTUIN CURVAIYIEN 9003 I¢Juuz/uub Acow CERTIFICATE OF LIABILITY INSURANC D 16 °"03/1TE /0 ST804 03/151 PRODUCER 1� 1 1. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION V��+1.j' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Locktcm Companies/St- Louis HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Citl'place Drive, Suite 160 (V<7, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63141 y Phone : 314-432-0500 �f �Q00.bo INSURERS AFFORDING COVERAGE INSURED INSURER A: Libertv Hatual Fire Insurance INSURER B: INSITUFORM TECHNOLOGIES, INC. INSURER C: 510 0 E . SECOND STREET INSURER p " BENICIA, CA 94510 INSURER E COVERAGES 7 THE POI. MIES 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 WMCHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TEAMS. EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR 1VPH OF INSURANCE POLICY NUMBER p 5p M ,DATE NMIDD Aa LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1 000000 FIRE DAMAGE (Any -no fim) s 100,000 A X COMMERCIAL GENERAL LIABILITY RG2-64I-004218--030 07/01/00 07/01/01 CLAIMS MADE IJ OCCUR MED EXP (Any on@ perm) S 10,000 PERSONAL & AOV INJURY Q 1 000,000 X INDPNT CONTRACTOR mum mm Pm/Om1TAAcTuhL X XCU GENERAL AGGREGATE s2,000,000 atxT A.I./VAIVER ar Sam GEP'LAGGREGATE UMIT APPLIES PER! POLICY X I jE T 7 LOC PRODUCTS -COMP/OPAGO S 2,000 000 wim ADDITIONAL mono I A AU10I101BILE LIABILITY X ANY AUTO I AS2-641-004218-020 I 07/01/00 07/01/01 COMBINED SINGLE LIMB (Eanaadenl) = 1 , 000 , 000 BODILY INJURY (Perpareon) i ALL OWNED AUTOS SCHEDULED AUTOS ELK? ADDITIONAL IMSDI16C BLKT WAIVER OF SUBRO BODILY INJURY (Pera=k1gm0 S X HIRED AUTOS X NON -OWNED AUTOS PROPERTY (Par emiman ))MV+GE S ir Es c,IuaGsLlnBruTY ANY AUTO ice- C Cp,T 1� AUTO ONLY .EAACCIOENT S OTHER THAN EA ACC AUTOONLY: AGG f S OWESS LIABILITY OCCUR { CLAIMS MADE C C'� ` O0 (� ��^' EACH OCCURRENCE I S AGGREGATE S J ISSN S DEDUCTIBLE 1 S RETENTION i S $ WC RKERB COMPENSATION AND PJIPLOY@tS'LIABILITV WC7-641-004218-010 07/01/00 07/01/01 R TORY TU S I ER ELEACHACCIDENT 31 000 000 BLKT WAIVER OF SUBRO ! i EL DISEASE - EA EMPLOYE $ 1 000 000 ELDISEASE -POLICY LIMIT 91,000,000 I OTHER AS TO FORM DESCRIP TION OF OPERATIONSILOCATIONSNENIC -95"CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS "" "' "" " RE: HUNTINGTON HARBOUR SEWER LINING PROJECT (CC-1161) ; CITY OF HUNTIN'G►1Dd1a" `-1-",y C"y at1:c rn�� BEACH, ITS AGENTS, OFFICERS S El4PLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS UNDER GENERAL LIABILITY 6 AUTO LIABILITY POLICIES AS RESPECTS THE OPERATIONS OF THE INSURED. GL 6 AUTO COVERAGES ARE PR724ARY AS REQUIRED BY CONTRACT. *** SEE ATTACHED ZNDORSEM'ENTS *** X CERTIRCATE HOLDER J N I ADDmONAL INSURED; INSURERLETIERI CANCELLATION F— 77 HUNT1 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EIPIRATM)I CITY OF HUNTINGTON REACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 OATS THEREOF, THE ISSUING INSURERwiuj lMMr4WMAlL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT lolls 03/29/2001 15:16 FAX VJ/yUi Vy 11. VIP VA.& LUUAIUIY koUSrMN10o 0004 *JUUJ/Uua IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(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 certtficate 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. 60 03/29/2001 15:17 FAX Lu%'rL1u14 WartuvlbJ Z005 kuj uu*/uuo r 1n4is ENDORSa�EmT CNANms THE AOUG7. MIA" READ R CAR-c--uL.Y. . � C�cL��1�s ADDrilONAL INSUM . OWNERS, LESSEES OR V,,IAt' J�Jr CONTRACTORS (FORM s) - - Nd IN 600.66 fiis andcrIeff.ent medfles insura"ca przvieed wdw *0 bdowmg: CMNIERCAL =4ERAL uAst fr f =vc-RAGm ?AAT Mara d Aw%pn ar Crsaui=daec CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES lit 40 are. -I apaears 3bCi4. inrcr..ar.c.1 roffig_iree :a ;las9 _;is evd_rsa.^..er.. will !:e srrvr. in oens as acClicaWe :a zhis sndcrsarsert; WHC iS AN ,NE <R-� (Se-c-"en 1n is ar: ended :c :rduda as an'nsund : s ;"cm cr ::mot, e__ft.-i :,,vNn :n We Sc'ecule. bur anly with res;e='c lia;.iiity arsing cut :t /C:: erscir-y cpemiens ;.ewe•^e= `C.- :rac :n- sured. C uom'.!' aruruAL. u+_ummm= , r.uaa.qy Preneu�+ L ' ' -i r idu1'um. FIRS Imuffi.`K3 �'upsvv ^.� :Jra 0%Q1 C U 3EM `.' 1M5URc6vl~ =RFCRi-C.4 / /OQ u2rmeh care 07/01/O1 C Lu 1MsuaAm= Cf7RCRa.-CY A- azse:e+rr 5 ;--I 7 ?CAC'ft C -.we gav I.te..s-i7- ImsumA.vG 8G2-64I-0a42I8-030 aucir 5=3 === a INS17WOMI T:OLOGIES, inc. ���-.�1 L.�-,.,-.i T lwuo 31 C;. 20 rQ 10 ? ; Gpyristtr. Msum= adrrtc=!': ; Im. IV_ C 03/29/2001 15:17 FAX YJ/ 1J/ Yy yt. VJ C[1A Pnr.mum 5 LUW%1'UN UUAYANib, ADiomoNAL INSURED Z 006 - wd UUO/UU0' T� 600.6 It is agreed that sut.4 Insurance as is aflbrded by the policy fhir Bodily Injury Vabllity and far Property Damage liability also applies to the person crorgan1429on named below, as an Insured. with respeCtc the use of the autornabile by the named insured or wbth his permission. but such inclusion of an addf- danal insured shall not operate to increase the limits ofthe ochapany's liability. Additional Insured Any person or grganizatiou for vbom you are required by vrictaa coat=ace to provide isssuraace. @^:+csveOs<e 07/01/00 Baprmcn ate 07/01/01 Fa stracmerrt�P�liryNa AS2-641-004218-020 a.u:tt gam taaa4Ta INSITUFORM TECHNOL06IS.S. INC. Address Thta ene�aana t la �—�' Sy leeanpamr aeasnace tctcw. LIBERTY MUTUAL FIRE INSURANCE CZMPANY 14 7 Fern NOJRAC7I.a. Imuec E37 Lac-6 �aoCl.ltc-- I Cxe 9mes Recreserean.: :Dee N/R 1wYear End canal ST LQUIS 442 1 HOEFERT M 9?23 2 + 96 0003 na 8a.tA 03/29/2001 15:21 FAX Z 014 Na 3%6 XTATS OF CALMMU DEPARTMENT OF INSURA,NCE YWOMW Certificate of Authority Tope 4 %a tilt m, Vw, purawd to the ln+u wwm We at the slob of CatFjoMK >I�/►'J'lOaiL DIB� ?1i6UBA,li08 Ot�'A'AlPY OD S1BTDt� of VA8?LtlR Mq OTT. m . o jOd WI& the Am" e &bW to to AWl" of humpooatbn or odttr Ratio mw Or"Wom of dleWmalte, to la* ealortatd to ion" oolAhlri t+hit soft errb/r to aQ prbotWa. o� thlt Qom, the /od(otobod of &w of tnnrrta wt l�i�t nABtJig, eoolr�c. a�aAatt�crA s�r,�ss or,�e�, tueut¢�., vaa�Ba' aat��seeA�ioa, OOtE W OMM. LT18TLiWj BOX= AM !lAL18n=, BUR Un, ==T, ' mwwm, Win 'A�D y- WOLZ, AV%*==Z, A=M, and OVB. w eooit abw+ on tt ,on; ea deJfned Ow1�uttnma ZAw of odetorok. mTim �a,oa 4h tones �+ tfoabl� Vioeamil w infog ktll:qvUm*k ium Ii im �nepakwwr►p°ehe n mwr, "wall it iAw'vww bo or hr Wtit Wlm w&. 400 m 0 of da 22 - ' - Ar al JtiAr w J6.241 hem >,Ommb an mu hand and caved mu O&W "d to be diked &k— JrA dad o1.' ' b IL 2— . Fee 00*1*9) Wa= J. Ipm t"'�4e aeneeru.r BAD. Wa. 1�ed gp JOS10( J•.. YAM araor .. t i.Gernar waver al of p er, do ha%bt o.r4y-tw 1 h�eae a°+ dd owl:ldp¢ygf tat; /u1i, frw�, c wyd�alfk �4e dapllodK��ao�a Of �, ad tbtd'•'oeb wf# of Autheruy w noia M !Wt � Lr wnwmu wwlm mv. f hew hams iw we ft Brad m%wd ,_ •. wp o&l tea to bo dFaW thY dry of October 8'1 ••. � ��� .. •fir �� - fk°uy cif'(0�k� v4t< M1 Nv TN O 6a 03/29/2001 15:17 FAX R 008 Construction Performance Bond Bond # 929174375 Any singular reference to Contractor. Surcty, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Insitafornm Technologies, Ine. S100 East Second St. Benicia, CA 94510 OWNER (Name and Address): City of Huntington Beach 2000 Main St. Huntington Beach, CA 92649 SURETY (Name and Principal Place or Business): National Fire Insurance Company of Hartford P.O. Box 419375 Kansas City, MO 64179-0461 CONSTRUCTION CONTRACT Date: Amount: $1,840,957.40 Description (Name and Location): Huntington Harbour Sewer Lining Project Edinger Ave. to the North,- Saybrook Street to the East Warner Avenue to the South & Pacific Coast Highway to the West 1161 BOND Date (Not earlier than Construction Contract Date): Amount: $1,840,957.40 Modifications to this Bond Form: Material and Workmanship is guaranteed for one year from date of completion CONTRACTOR AS PRINCIPAL SURETY National Fire Insurance Company Companyinyi rmTe olo 'es, Sea!) . Company: of Hartford (Corp. Sean Sgnature: Signature: Name and Tide -David .. Smith, ft&iW Vice PresidenName and Title: Kathleen A. Petebulat,Attomey-in-fact CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Name and Title: r Signature: Name and Tide: V'PROVF.'D RS TO FORM. t? L t d A f erney � - Ply. De (Corp. Seall r 03/29/2001 15:18 FAX Z00s 1 The Contractor and the Surely. jointly and severally. bind themselves. their heirs. executors. administrators, successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2 It the Contractor performs the Construction Contract. Ine Surety and the Contractor shall have no obligation under this Bond, except !o participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise alter: 3.1 The Owner has notified the Contractor and Ina Surety a1 its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and etas requested and all. rnpleo to arrange a confernnce with the Canlrartor and the Surety to be held not later than fifteen days after receipt of siich nolrre to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, it any, subsequently to dnclare a Contractor Default: and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twentv days alter the Contractor and the Surely have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construclir_n Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor. with consent of the Owner. to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to ilia bonds issited on the Construction Contract, and pay to the Owner the amount ct damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from Ilia Conlractor's default; or 4.4 Waive its right to perform and complete. arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and. as soon as practicable alter the amount Is determined. lender payment therefnr to the Owner: or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6 If the Surety does not proceed as provided in Paragraph 4 with reasonable grumpiness, the Surety shall be deerned to be in default on this Bond fifteen days after receipt of an additions! written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered or ilia Surely has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to Ina Owri•r 6 After the Owner has terminated the Cantaclor s fight to complete the Construction Contract, and If the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Itie Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surely shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond. but subjec, to commitment by the Owner of the Balance of the Contract Price to mitigalion of costs and damages on the Construction Contract, Itte Surer is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 6.2 Additional legal, desrn professional and delay costs resulting from the Contractor's Default. and resulting from the actions or failure to act of the Surety under Paragraph a: and 6.3 Liquidated damages, or-,iI no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price snail not he reduced of net all on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or untily other than ti-w Owner or its heirs. executors. administrators or successors. 6 ' The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subeontracis, purchase orders and other obligations. 6 Any proceeding, legal or equitable. under this Bond may be instituted in any corin of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years a1tFr the Surely refuses or fails to perform Its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or ilia Contractor shall be mailed or delivered to the address shown on the signature page: 11 When this Bond has been furnished to comply with a statutory or other legal requirement In the location where the eonslruelton was to be performed, any provision in this Bona conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions eonfofrr►inp to such statutory or other legal requirement shall be deemed incorporated herein. The Intent is that this Bond shall be construed as a statutory bond and not as a common raw bond 12 D&INMONS' / 12.1 Balance of the Contract Price- The Intal amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received at to be received by the Owner in sefllertrent of insurance or other claims for damages to which the Contractor is entitled. reduced by all valid and proper payrnrls made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of trio Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default-. Failure of the Owner. wnlcti h;is neither been remedied nor waived, to pay the Contractor as required by the Construclior. Contract or to perform and complete •:r comply with the other terms thereof, MOOIFICATIONS TO THIS BOND ARE AS FOLLOWS: r ' (Space is provided below for additional signatures of added parties, other than those appearing on the Cover page.) FU 03/29/2001 15:19 FAX Z 010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CAL.t F-o A-K 16 County of SDLARO On 3 f « tO I before me, ti- ) DATE NAME, TITLE OF OFFICER - E.G., JANE DOE. NOTO&Y PUBLIC - No. 5w? personally appeared b AJ 1 D W. NAMES) OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person('whose name(o -is/afe- subscribed to the within instrument and ac- knowledged to me that he/sFii�y executed the same in his/he;Ah it authorized capacity(i"), and that by his/herft eir signatureKon the instrument the personal, or the entity upon behalf of which the JOANN PERKINS Z person(s<acted, executed the instrument. COMM. 01165470 i •• NOTMY MAIM - CALM*" Z MYCan M4000,� � WITNESS my hand and official seal. 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 form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER AEC-AwAAL, IJ . P. TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT Cl TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER_ SIGNER IS REPRESENTING: NAME OF P8WNM OR ENMQES) LtSrr-uFeeX4 7'C� ND�DG ifUC. DESCRIPTION OF ATTACHED DOCUMENT [oNSrRu(-T1oN 1or9Eb e&4hA1C6 BONA TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0190 NATIONAL NOTARY ASSOC:AMN - 8= PA mid AV*, PA.11= 7164 • Canoga Pok. CA 01302-7184 03/29/2001 15:19 FAX CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of Missouri County of St Louis On before me, Thomas C. Ricci III D&TE NWE. T11 LE OF OFFICER • E G .'j•NE DOE. N01 &Rv PUBLIC Q 011 NC �4p' personally appeared Kathleen A. Petchulat N.MEIS:Or SrGNER151 ❑ 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 ac- knowledged 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. THOMAS C. RIICCI II.1 Notary STATE OF fill Sic SaOUryrySeal A�r�' $t- Loule County Sr . E OF N�TI Rr >Nyt�ommission Expires October 11, 2004 OPTIONAL Though the data below: Is not required by tax•, is may prove valuable to persons relying on the document and could prevent Iraudulenl rsa-achment Of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mlFlSI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT 1 Page double sided NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OW MV15004151 OR ENT"REEI National Flirt Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE C7M NATIONAL. NOTARY ASSOCIATION - B236 ReMMel Ave., P.O. BON 7104 - Cenope paliL CA *1309.7104 03/29/2001 15:19-FAX 0 012 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know Aii Men By These Presents, That Continental Casualty Company, National Fire insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. (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, individually of St. Louis. Missouri their true and lawful Attomey(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 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 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 22nd day of January, 2001. • ' G�r ttiSiNt0,oreZ. Continental Casualty Company ATE National Fire Insurance Company of Hartford, Connecticut American Casualty Company of Reading, Pa. °0 SEAL Michael Gengler Group Vice President State of -Illinois, County of Cook, as: . On this 22nd day of January, 2001. 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 the Continental Casualty Company, National Fire Insurance Company of Hartford. Connecticut, and American Casualty Company of Reading. Pa. 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 affnted.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. 2•N•NMMN•••N •N••••••: - • OFFICIAL Saw • DIANE FAUt KNER • � . Z IN- - r,M[& aM M rbmrr i • w OOwnbroil RJmYw t/17Af � ' My Commission Expires September 17. 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Riblkawskis, Assistant Secretary of the Continental Casualty Company, National -Fire Insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. '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 *yew 1MSWRy,_ o. nnr 31. SEAL 18g7 • (Rev. 1110f01) Continental Casualty Company National Fire insurance Company of Hartford, Connecticut American Casualty Company of Reading, Pa. Q Mary A. Rlbikawskls Assistant Secretary 03/29/2001 15:20 FAX Authorizing By -Laws and Resolutions Z 013 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 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 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 Attomey-In-Fact Section 2. Appointment of Attorney -in -fart. The Chairman of the Boar! 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 Presldent 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 dime 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-Fad." 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, 1893; "RESOLVED: That the signature of the President, an Executive Vice President or, any Senior or Group Vice President and the seal rof 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 seated and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it.* attached, continue to be valid and binding on the Corporation ' Construction Payment Bond Bond # 929174375 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Insituform Technologies, Inc. 5.100 East Second St. Benicia, CA 945.10 OVER (Name and Address): City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): National Fire Insurance Company of Hartford P.O. Box 419375 Kansas Cih,, MO 64179-0461 CONSTF�UC ION CONTRACT Date: ICI^iRG 4 1-7l 26-0 Amount: $1,840,957.40 Description (Name and Location): Huntington Harbour Sewer Lining Project Edinger Ave. to the North, Saybrook Street to the East Warner Avenue to the South & Pacific Coast Highway to the West 1161 BOND Date (Not earlier than Construction Contract Date): Amount: $1,840,957.40 hiodifications to this Bond Form: None CONTRACTOR AS PRINCIPAL SURETY National Fire Insurance Company: InsitKornmi Technologies, C. (Corp. Seal) Company: Company of Hartford (Corp. Scat) Signature: ° ��/ Signature: _f�CQoM A Name and Title: Davria W. Smt egional Vice PresidenfName and Title: Kathleen A. Petchulat, Attorney -in -fact CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Signature: Name and Title: Name and Title: P ,", -47' Y _C.0 AS TO i' ORY y Attorney By 4 i). pu,ily City Attorney (Corp. Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NC :P:- State of Missouri Countv of St. Louis On 3 f `� �� before me, Linda C. Smith GA E NAME. TITLE Or O°FICER E G .'JANE OOE. NOIARv PUBLIC personally appeared Kathleen A. Petchulat NAMEIS: Or SIGN:FIS) ❑ personally kno%vn 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 ac- knowledged 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. pv St.L uiDA sCoiunty WITNESS my hand and official sea . k'_ i +.WAL My Commission Expires February 8, 2005 S;3.-.A1VPE o. NoARr OPTIONAL Thouoh the data belov: is no: required by law,r may prove valuable to persons relvina on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑'GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYIIESi National Fire Insurance Company of Hartford DESCRIPTION OF ATTACHED DOCUMENT Performance & Payment Bond TITLE OR TYPE�OF DOCUMENT 2 Pages doubled sided NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park. CA 91309.7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. (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, Individually of _ St. Louis, 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 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 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 22nd day of January, 2001. oa Continental Casualty Company coavoaAre Q o d ,40flP Opo National Fire Insurance Company of Hartford, Connecticut 7-2 a = DULY JI, M American Casualty Company of Reading, Pa. c� SEAL r s < I90z 1897 Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 22nd day of January, 2001, 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 the Continental Casualty Company, National Fire Insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. 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. 'QPFICIAL SEAL' DtV4E FAULKNER Nowt' Rrw. eae. of IAinel� i • Up CNNafon %.P. wt7/Ol ; My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of the Continental Casualty Company, National Fire Insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. 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 t �qPv GASUA�T eo �� 1MS1%Jiq� ^aeo' oe��, c•aP°Aarg z ;a` �pCS7tf0 Z > C n JULY il, i �J SEAL ry ! 19az T 1897 (Rev. 1/10/01) Continental Casualty Company National Fire Insurance Company.of Hartford, Connecticut American Casualty Company of Reading, Pa. Mary A. Ribikawskis Assistant Secretary Construction Payment Bond Bond 9 929174375 Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Pace of Business): Insituform Technologies, Inc. 5.100 East Second St. Benicia, CA 945.10 OWNER (Name and Address): City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 CONSTRVCT d4C�QNTRACT Date: i"1Gt r % ZGYJ( Amount: $1,840,957.4'0 Description (Name and Location): National Fire Insurance Company of Hartford P.O. Box 419375 Kansas City, MO 64179-0461 Huntington Harbour Sewer Lining Project Edinger Ave. to the North, Saybrook Street to the East Warner Avenue to the South & Pacific Coast Highway to the West 1161 BOND Date (Not earlier than Construction Contract Date): Amount: $1,840,957.40 Modifications to this Bond Form: None - CONTRACTOR AS PRINCIPAL SURETY National Fire Insurance Company: In =cA�3 ogies, c. (Corp. Seal) Company: Company of. Hartford (Corp. Seal) U Signature: ' 9lol Signature: u +a-� Name and Title: David W. Smit Regional Vice PresideniName and Title: Kathleen A. Petchulat, Attorney -in -fact CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Signature: Name and Title: Name and Title: (Corp. Seal) CAI-IFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Missouri County of St. Louis On N� GN 07, � before me, Linda C.Smith OAT[ N&ME_ 717LE Or OxFICE R - E G. 'JANE DOE. 1O11R1- PUBLIC' personally appeared Kathleen A. Petchulat NA'.+E15: or SSG'+E RrS) ❑ personally kno,,vn 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 ac- knowledged to me that he!she/they executed the same in hislher/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. IINDAC.SMCouIT WITNESS my hand and official seal. St. LouMy Commission Expires February 8, 2005 //h 0. N01AR. OPTIONAL INC :P:7 Thouah the data below: is no; required by lave. i; may prove valuable to persons relying on the document and could prevent fraudulent reattachment 01 this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENi1TYnE5) National Fire Insurance Company of Hartford DESCRIPTION OF ATTACHED DOCUMENT Performance & Payment Bond TITLE OR TYPE OF DOCUMENT 2 Pages doubled sided NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave.. P.O. Box 7184 - Canoga Park. CA 91309.7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. (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, Individually Louis. Missouri their true and lawful Attorneys) -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 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 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 22nd day of January, 2001. GASIJR�)' IMS11Rq �pvAMr Oo,�, �a� Continental Casualty Company z�u ,,oRP0RArp �cFvoa�Fo National Fire Insurance Company of Hartford, Connecticut Z D o n JtuY 31 7 American Casualty Company of Reading, Pa. ov SEAL s t 19cz 1897 Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 22nd day of January, 2001, 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 the Continental Casualty Company, National Fire Insurance Company of Hartford, Connecticut, and American Casualty Company of Reading, Pa. 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 Mewip Rose. IltmooI IMnoW • W CaMNWow t'.F'' M 9117101: My Commission Expires September 17, 2001 Diane Faulkner Notary Public a: CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of the Continental Casualty Company, National Fire Insurance Company of.Hartford, Connecticut, and American Casualty Company of Reading, Pa. 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 met '►h,. k Continental Casualty Company coAP0AAr,e a 4T National Fire Insurance Company of Hartford, Connecticut r a to American Casualty Company of Reading, Pa. Z S a JULY 31, a c1 SEAL '� ds t 1902ILI %J 1897 Mary A. Ribikawskis Assistant Secretary (Rev. 1/10/01) CITY OF HUNTINGTON BEACH MEETING DATE: March 5, 2001 DEPARTMENT ID ER:�A4'2'7 ) Council/Agency Meeting Held: U- 05-4) Deferred/Continued to: A Approved ❑ Conditionally A proved ❑Denied $ C 's Signature eouncil Meeting Date: March 5, 2001 Department ID Number: PW 01-021 CITY OF HUNTINGTON BED REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUP SUBMITTED BY: RAY SILVER, City Administrator REPARED BY: SUBJECT: ROBERT F. BEARDSLEY, Director of Pu ACCEPT BID FOR THE HUNTINGTON PROJECT, CC-1161 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental) tatuj3�rAttachment(s) Statement of Issue: Should the City Council accept the lowest responsive/responsible bid for the Huntington Harbour Sewer Lining Project, CC-1161? Funding Source: This project is co -funded through an Environmental Protection Agency (EPA) grant and an Orange County Sanitation District (OCSD) grant. Grants in the amount of $950,200 from each Agency have been awarded for a total project budget of $1,900,400. The project is budgeted in EPA/OCSD Grant, Huntington Harbour Slipline, Account No. 8838901-82600. Recommended Action: Motion to: 1. Accept the lowest responsive/responsible bid submitted by Insituform Technologies, Inc. for the Huntington Harbour Project, CC-1161. 2. Authorize the Mayor and City Clerk to execute the Construction Contract in the amount of $1,804,957.40. 3. Authorize the Director of Public Works to expend a total of $1,900,400, to cover the contract amount of $1,804,957.40, and an estimated construction contingency and supplemental expenditures of $95,442.60. 01-021 Mar 5 Broussard (HH) -2- 2123/01 9:55 AM REQUEST FOR ACTION MEETING DATE: March 5, 2001 DEPARTMENT ID NUMBER: PW 01-021 Alternative Action(s): Reject all bids and direct staff to re -advertise or abandon the project. A forfeiture of grant funds may be a result of delays in expenditure of those funds. Analysis: On October 2, 2000, the City Council authorized the advertisement for bids for the Huntington Harbour Sewer Lining Project, CC-1161. Bids were received and opened on November 1, 2000. On November 6t" a bid protest was filed and upon review of the protest, the City Attorney's office advised staff to recommend to the Council that all bids be rejected and that this project be rebid. On January 12, 2001, the City Council authorized the rejection of the bids, and re - advertisement for this project. Bids were received and opened on February 13, 2001 as listed below. Bidding Contractor 1. Insituform Technologies, 2. National Liner West, Inc. Bid Amount Inc. $1,804,957.40 $1,849,845.00 Staff has checked the bidder references and recommends award of the contract to Insituform Technologies, Inc.. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): RCA Author: T. Broussard:im x5247 01-021 Mar 5 Broussard (HH) -3- 2/23/01 9:55 AM ATTACHMENT #1 N NOT TO SCALE F EDINCER AV£NU£ \ WARNER AVENUE HUNTINGTON HARBOUR LOCATION MAP CITY OF HUNTINGTON BEACH Ll O r. DEPARTMENT OF PUBUC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: ACCEPT BID FOR THE HUNTINGTON HARBOUR SEWER LINING PROJECT, CC-1161 COUNCIL MEETING DATE: March 5, 2001 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) 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) 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 EXP !Al FOR RETURN OFITEM::!, Q %vr r > v "c/Tf%21 0 P. 2-.. 9 INSITUFORM TECHNOLOGIES, INC. 9445 Ann Street Santa Fe Springs, CA 90670 G'1 1-41- C/�"";I J } SECTION C PROPOSAL for the HUNTINGTON HARBOUR SEWER LINING PROJECT Within an area bounded by EDINGER AVENUE TO THE NORTH, SAYBROOK STREET TO THE EAST, WA, RINER AVENUE TO THE SOUTH AND PACIFIC COAST HIGHWAY TO THE WEST CASH CONTRACT No.1161 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN'TINGTON 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 150 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 ITEivl 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 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. C-1 PROJECT BID SCHEDULE Item No I EstimatedItem Quantity with unit price .:' wntten in words Unit Price step e Amount 1 1 lump sum Mobilization of equipment &A materials @ -dl'te o./ot"dd Dollars Per lump sum S _3.000 S ,3.000 2 1 lump sum Traffic Control per Specs. @ (7,aio 11�-Dollars Per lump sum S _2.000 S 2.000 3 1 lump sum Demobilization of a uipment & materials of @ �,r. Dollars S _3.000 S _ Per lump sum ^3.000 4 100 ea. Grind protrudin.- lateral per City requirements @ 0)12 Dollars S . 00 S /Oo . 00 A Cents Per ea. D 47390 1.f. Line 3" host pipe per Specs. @ eh.etr�S �'� Dollars S .25. Co Cents Per 1.f. 6 2130 1.f. Line 10" host pipe per Specs. @ �i,ier�rh.� -f'i,� Dollars S 6. So S SL. Cents Per l.f. 7 1360 l.f. Line 12" host pipe per Specs. ui �hlt a* .SC,en Dollars S -2*7- 60 S f 49 Z20 /7o Cents Per 1.f. 8 785 l.f. Lire 15" host pipe per Specs. CC @ Dollars S �%• oo S 3IT . o Cents Per Lf. 9 1216 ea. Re -open service lateral per Specs. @ .S/ej-�rirpollars S 43.940 S 77, Joe /(Ji ti f y Cents Pe: Lf. 10 2535 v.f. Rehabilitate Sesser Manhole per City Specs. @ one Rdkrrcc —QO�Iollars S ¢%• oo S /Vd Cents Per otal Amount Sid in 1cyures: �5 Total Amount Bid in Words: One. I! -A 9f" d cc&,"P r� d d r'e o![ar.� c, f»n*i C: e..fr LS7 ao :�)o 0 0 M- r, G6 C-I s 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 A.Mrr t gam in the amount of S o/ 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 Bidde 's Si; n ure !J-4j 1 C-2 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 ` IVanze and Address of Subcontractor State License � 1Vuznber. ` Class Clem' I �w nD ,at¢ ro Pf l ow / C v, e� Mr/ N ,�'rwe rt 2 Cocl %- ! 35's I C I /not "ho le Cki�l , Sat.„con _5-04,/ .,CA 9 1 /1ttY'%- 7 3/ ?C% I I f I I By submission of this proposal, the Bidder certifies: 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 &P,yo Lo fleQ , being first duly sworn, deposes and says that he or she is Affie d fix. Lyll of 'N'i�Arpip 1+�In%� . hr- 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 anent thereof to effectuate a collusive or sham bid. Name of Bidder W �/Lol"�� Signatu of Bidder '09Y JG G 40109f� .5t ��pi�y C' , e:;k S'a6JC Address 4f Bidder v Subscribed and sworn to before me this day of /eL , 2001. NOTARY PUBLIC G BRETT L. NODELMAN I Cc : '`: COMM. # 1146441 iP9 ° NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY M Comm. Expires Su1v ii. 200i f NOTARY SEAL C-4 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 LINING PROJECT; CC-1161, (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 ha=ards 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: 2 r jT^6/ Contractor By Z-4 �- 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? ❑ Yes 2<0 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 1361 of the State Labor Code, each contractor to whom a public works contract has been awarded shall si-n 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: / 2 —1-0 / Contractor By j I tr c Zrr,7 rre MY 14 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 1-800-472-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: LOt M c�, e &-► / n e c �� Contractor oe By 'et�/ rc Gc ej, Title Date: /Z-/3 -4 Note: This form is required for every Di; Alert Identification Number isszied by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S LNFORINIATION BIDDER certifies that the following information is true and correct: . p f+(, Ar n. �Gc.4 nb 10! /e-<- . . ---1=4 C Bidder Name Business Address City, -,Mrr - 7G4 %. State Zip (3-t-Z) Telephone Number -7s'F�-// - 14 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by pn nrroe- of our office on QCV- % , 200a. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 a 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. Company Name Signature o4gidder Printed or Typed Signature Subscribed and sworn to before me_ this day of % �� 200 ERETT L. NODELMAN COMM. #1146441 T NOTARY PUBLIC • CALIFORNIA Z s t LOS ANGELES COUNTY Y Com:v I(twu q1 NOTARY PUBLIC /��2/% ' '1 �sr# 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 Crt ot= L-f+6u" Bekal 5o54?,V '-' Abze., GA- -tzr5( Name and Address of Public Agency Name and Telephone No. of Project Manager: 'S-reV b AA. 6644A) 4�'1— 0351 i 11 5 ontract Amount Cl 2. h6 c)!�,W G►-�Y `7*41 %TAa Name and Address of Public Agency Type of Work Date Completed L6TVM , Name and Telephone No. of Project Manager: —�>EWLetj, /%-r&yE N/tA(21544L-- * & 55 t col Gc Pr R!34k4� 0/PL---> Contract Amount Type of Work Date Completed GzY o� NGwir2�t 66&t4 3 �cra N � r 3�,vD f�E�YttJtZT ,44 Cl s® Name and Address of Public Agency Name and Telephone No. of Project Manager: *AtjK.5 15;tKtGeW (194*1) ro4.4. 3342_ —t> Ic?Q1 C2MO P' Rc� z.f� Contract Amount Type of Work, Date Completed C-10 The following information must be returned with the bid Bidder's name: ..Af ["%ere.. e 4" o /C g Bidder's address: S;g,+, +c A.-i •rr Td4;7a' Phone number: ScZ- 5 ¢e. Fax number: 3-4 — Ilv Attach a letter to this sheet from the manufacturer stating that: 56 a a f,%--hed 94cL4itme-4 1. The installer` listed above is factory licensed and trained. Svc Ot-k 4ew /e tfo_- 2. SDR thickness supplied (minimum thickness SDR 35) F" C-1O(2 r,', 3. Have the ability and will supply the necessary amount of material within the construction time frame. 17-t kcl ,t4 -.4,it .4 A-jftf sC-Od7I7 '11CL ^eeerll-vr� �/ /t-�,�.� ✓'t a-Q 4r [.� v. �'l�t Cd rS't'",, � � ..t �y rC �Yw '+e � List of three certified laborator7jes that can perform the required ASTM testing. Laboratory number 1: Name: ,dam fcc-'Q � br Address: l ! -0 Orlv-ce A*,e- Telephone number: S(oZ — 633 OvZ4, Contact person: CP-�, Laboratory number 2- Name: C) CO Address: ZZa , tG� Telephone number: SGZ " 2% 7 Z3/ Contact person: oun rs/i e-c. - Laboratory number 3: Name: _� �' rJ , KS' �►d Address: S'S'SS" G e 4Z Gam- C-n- Telephone number: 3 Z3 - 7 23 " / 9/ Contact person: JOL41 C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPIVENT ACT OF 1968 AS AlIv ENDED 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 Cnitial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements 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: +V eCA a /.0 S / -q- . 1 C OF Contact Person: Jtrn ,.S-n i h Contact Phone: 7 i SL- — Signed: f}! Van I& Goye, v d7. 5L G rr. A77gr Date: 12— / - o/ _ *Note: The above c6tiflcation is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by 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 disaualificntion. PC Doc3 �" 0013081.01 G-12 CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 BID BOND 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 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 Harbor Sewer Lining Project Cash Contract No. 1161 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 13 day of February , 2001 . Insituform Technologies, Inc. Prin I By: (Sealj , Alfonso Lopez, Vice President & Gen. Mgr. National Fire nsurance Company of Hartford - Surety By: G-23054-D CNA Fbr All the Commitments You Make' Kathie A. Petchulat, Attorney -in -fact f � - ,, (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 S7ersonally nia lefore me, Brett L. Nodelman. Notary Public NAME. TITLE OF OFFICER • E.G..'JANE OOE. NOTARY PUBLICpred D�J 6 �'Z N (s) OF SIGNERS) ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(lp) whose nameW isdm subscribed to the within, instrument' and ac- knowledged to me that he/R4yd,4tft executed the same in his/ig authorized capacity(jet, and that. by. his/tjWjWj BRETT L. NODELMA I signature(j) on the instrument the personw, f '^� : COM I #1146441 or the entity upon behalf of which the Cc - NOTARV PUBLIC - CALIFORNIA.M LOS ANGELES COUNTY " person* acted, executed the instrument. v 1` My Ccnn. Expires July 11, 2001 r - VjU� SS my hand and offici seal. ( r SIGNATURE OF NOTARY OPTIONAL Though the data below is hot 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 n INDIVIDUAL L✓ CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ UMITED ❑ GENERAL _ ATTORNEY -IN -FACT LJ TRUSTEE(S) '—j GUARDIAN/CONSERVATOR 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 01"3 NATIONAL NOTARY ASSOCIATION - 8236 RammN AVG., P.O. Boa 7164 - Canoga Paric. CA 91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Missouri Countv of St. Louis On 2-13-01 before me, Thomas C. Ricci III , DATE NAME TITLE Or OFFICER. E G -JANE DOE. NOIARN' PUBLIC - personally appeared Kathleen A. Petchulat N'AMEIS: Or SIGNE 1;:51 ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. THOMAS C. RICCI III WITNESS my hand and official seal. No" PullIllic-Ndm Seal STATE OF 1101090011 s St.LouisCauay SI .IUAE Or 140I AR, * C=gIli8WN ExpiM Mf0Wr 11 , 2W OPTIONAL NC •.9,^.- Thouoh the data below!s no: required by law, is may prove valuable to persons relvino on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL L ATTORNEY -IN -FACT ❑ T RUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN-nTv(IES) National Fire Insurance Company of Hartford DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT 1 page NUMBER OF PAGES February 13, 2001 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL- NOTARY ASSOCIATION • 8236 Remmel Ave.. P.O. Box 7184 - Canoga Park. CA 91309.71S4 iZ i ' 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, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety 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 signature and seals herein affixed hereby make, constitute and appoint Stehpen E. Ricci, Thomas C. Ricci, Jr., Kathleen A. Petchulat, Kathleen M. Hoffard, Individually of St. Louis, Missiouri their true and lawful Attomey(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 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 Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 3rd day of November 2000 CONTINENTAL CASUALTY COMPANY �pJ,GASU./�Ty LNSURq41►Mra NATIONAL FIRE INSURANCE COMPANY OF HARTFORD c c�*F ,�pprgQ' S� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA JULY 31, SEAL 1902a 1897 MAID • ` Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 3rd day of November , 2000 , 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, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 S DIANE FAULKNER • i Noayy P�No. stow of Blinds t My Cow IhOn 9117/i01 � My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 12 day of , �—. HISURq OA� CONTINENTAL CASUALTY COMPANY !�? � NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Z Coj%PORArp "y per AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Fp JULT 11,cavl_� u SEAL < 1897 MARS Mary A. Ribikawskis 'Assistant Secretary (Rev.10/1 /97) 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 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 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 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 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." 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 LINING PROJECT, CC 1161 January 17, 2001 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Title Sheet with rebid due date as February 13, 2001 Section A with revised Council Action date. Unbound Section C in its entirety for convenience of bid preparation. Note Sheet C-11 has been modified including removal of requirement for factory inspection by the Greenbook Committee. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated January 17, 2001. MAt Company Name BY J �ohro Go��� �.�. d 6" yr ji 1e2-13-0/ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Tcdd Broussard at (714) 536-5247. Insituform® Technologies, Inc. OWNERSHIP INFORMATION Insituform Technologies, Inc. is a publicly owned company incorporated in the state of Delaware Officers of Insituform Technologies. Inc. Name Position Anthony Hooper Chairman, President & CEO William A. Martin Sr.Vice President & CFO Robert L Kelley V. P., General Counsel & Assistant Secretary Carroll W. Slusher Divisional Vice President Lynn Osborn Divisional Vice President Alfonso Lopez Regional Vice President James A. Walters Regional Vice President John Heisler Contracting & Attesting Officer Richard Julio Contracting & Attesting Officer and Responsible Managing Employee (RME) Tony Henrich Contracting & Attesting Officer Jennifer Allen Contracting & Attesting Officer Jay Boatwright Contracting & Attesting Officer INSITUFORM TECHNOLOGIES, INC. ASSISTANT SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Assistant Secretary of Insituform Technologies, Inc., a Delaware corporation qualified as a foreign corporation to do business, among others, in the States of California, Nevada, Arizona, Oregon, Washington, Idaho, Montana and Hawaii (the Corporation") and the keeper of the records of the Corporation. I FURTHER CERTIFY that the following is a true and correct excerpt from the by-laws of the Corporation adopted by the Board of Directors of the corporation at a meeting duly called and held and at which a quorum was present: 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, appointed (i) Alfonso Lopez and David Smith as Regional Vice Presidents of the Corporation, (ii) Carroll W. Slusher and Lynn Osborn as Divisional Vice Presidents of the Corporation and (iii) John Heisler, Tony Henrich, Rich Julio and Joe Feuerbom have each been duly appointed by the President of the Corporation as a Contracting and Attesting Officer of the Corporation, and each of the foregoing have been fully authorized by the President of the Corporation "to certify and attest the signature of any Officer of the Corporation and empowered to enter into and 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" and further each have been granted by the President of the Corporation "full authority to execute and deliver documents on behalf of the Corporation and 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 Assistant Secretary, this 28th day of January, 2000 Insituform Technologies, Inc. By: �- Robert L. Kelley Vice President, General Counsel & Assistant Secretary Insituform v Worldwide Pipeline 702 Spirit 40 Park Drive Technologies, Ina Rehabilitation Chesterfield, MO 63005 Installer Certification March 12, 1999 Insituform Technologies, Inc. 9445 Ann St. Santa Fe Springs, CA 90670 To Whom It May Concern: Tel: (314) 530-8000 Fax: (314) 519-8010 www.insituform.com Please be advised that Insituform Technologies®, Inc., the contracting entity, is also the owner of the Insituform® product and process and therefore does not require any outside party to approve the use of the product or process. If you have any questions, please feel free to contact us directly. Sincerely, INSITUFORM TECHNOLOGIES, INC. STATE OF MISSOURI COUNTY OF ST. LOUIS Robert Kelley Vice President & Counsel Subscribed and sworn to before me on this 12'' day of March, 1999 N My 02�0� Sion expires JANET D. FRITZSCHE Notary Public — Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires: Aug. 6, 2002 v Insituform Technologies; InG February 13, 2001 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA Worldwide Pipeline 9445 Ann St. Rehabilitation Santa Fe Springs, CA 90670 Re: Bid Submittal — Manufacture's Statement (ref page C-11) Bid for: HUNTINGTON HARBOUR SEWER LIFTING PROJECT CASH CONTRACT NO. 1161 Tel: (562) 946-0046 Fax: (562) 944-4906 (800)328-7117 www.insitutorm.com As required on page C-11 of the Bid Documents, this letter is to certify that: 1. Insituform Technologies' Southwest Division is factory licensed and trained by Insituform Technologies, Inc., headquartered in St. Louis, Mo. All installation crewmembers are employees of Insituform Technologies. 2. Insituform Technologies' factory has been inspected by the Greenbook Committee in 1987 for the Insituform process at Insituform's factory located factory located in Memphis, Tennessee. 3. The SDR thickness to be supplied for each reach and pipe size shall be in accordance with the Contract Documents. 4. Insituform Technologies has the ability and will supply the necessary amount of material within the construction time frame. We would be happy to provide any additional information necessary for this certification. Sincerely, lRich so Lopez al Manager Cc: Henrich rd Julio SEATTLE SHANNON 6WILSON, INC. D CHORAGE FAIRBANKS GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS DENVER SAINT LOUIS BOSTON February 12, 2001 Mr. Eugene Zaltsman Insituform Technologies, Inc. 702 Spirit 40 Park Drive Chesterfield, Missouri 63005 INSITUFORM CIPP DESIGN HUNTINGTON HARBOUR SEWER LINING PROJECT CASH CONTRACT NO. 1161 CITY OF HUNTINGTON BEACH, CALIFORNIA Dear Mr. Zaltsman: As requested, we have reviewed your calculations for the design of the Insituform CIPP for the Huntington Harbor Sewer Lining Project, Cash Contract No. 1161, for the City of Huntington Beach, California. Our review is based on the following documents that Insituform provided to us: • ASTM F 1216, 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., Memphis, Tennessee. • Insituform pipe design input parameter values and calculations prepared by Insituform for the subject project. The design is performed incorporating the parameter values presented in Table 1. We have reviewed your calculations, attached, and in our opinion the minimum computed design thicknesses presented in Table 2 meet the requirements set forth in ASTM F 1216 for the assumed conditions. The CIPP thicknesses were calculated with the Modified AWWA Formula, which uses maximum groundwater and soil depths as 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, and the design be modified accordingly. 2043 WESTPORT CENTER DRIVE SAINT LOUIS, MISSOURI 63146.3564 314.392.0050 FAX 314.392.0051 41-1-03224-002 Mr. Eugene Zaltsman SHANNON &WILSON, INC. February 12, 2001 Page 2 Table 1: CIPP Design Parameter Values Design Parameter Value Flexural modulus (short-term) 350,000 psi Flexural modulus (long-term) 175,000 psi Flexural strength 4,500 psi Safety factor 2 Ovality 2 percent Soil modulus 1,000 psi Soil density 120 pcf Truck load (AASHTO H20) 16,000 pounds Table 2: Results of CIPP Design Calculations Pipe Diameter Water Depth (to crown of pipe) Pipe Depth (to flowline) Minimum Computed Design Thickness 8 in. 15.3 ft 23.0 ft 0.20 in. (5.0 mm) 10 in. 7.2 ft 15.0 ft 0.20 in. (5.0 mm) 12 in. 7.0 ft 15.0 ft 0.23 in. (6.0 mm) 15 in. 6.8 ft 15.0 ft 0.29 in. (7.4 mm) 41-1-03224-002 Mr. Eugene Zaltsman February 12, 2001 Page 3 SHANNON 6WILSON, INC. 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. Renee A. uttmann Engineer Q\oVESS/O'v Q\\tR 8Yho `F CID GG � U V W N rT E / 1/lJ�r y 0 fCHJ%AV 1 TF OF Christopher B. Groves, P.E. Vice President Attachments: CIPP Thickness Calculations for 8-inch, 10-inch, 12-inch, and 15-inch pipe, performed by Insituform Technologies, Inc. ' Copies: 2 RAG:CBG/jlr 41-1-03224-002 <><><><><><><> INSITUFORM° CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: City of Huntington Beach 02/07/01 Project: 8", 10", 4', 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA Conduit k Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 8.00 Inches Mean Diameter 7.84 Inches Minimum Diameter 2 % Ovality 16.00 feet Maximum External Water Head to Invert 23.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 22.6 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) (Inciudt 0.00 psi RR surcharge) Thickness Limitations ( Inches ) 0.1000 Maximum compressive hoop stress 0.1440 External pressure buckling 0.1177 Minimum stiffness limitation, deteriorated conduit 0.1985 External pressure, deteriorated conduit (AWWA) Minimum Desian Thickness m 0.20 Inches 5.0 mm DR = 40.3 GO Mode of Failure : External pressure, deteriorated conduit (AWWA) cs W i Long-term Deflection = 1.21% (Spangler) Based on Trench Width of 2.25 feet 0.7 meter Vd,5", The input data for this project should be verified In the field v` 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. Iro-Designed by Checked by Q�,pEESS/ON9` NtR 8 ytro �. OL i m 0 M 07"fCHN��P� \� F OF CA`\� INSITUFORM CIPP DESIGN Designed by: GRAVITY PIPE, FULLY DETERIORATED CONDITION Checked by: Date: 02/09/01 DESIGN CRITERIA DESIGN CALCULATIONS I. BUCKLING ANALYSIS (MODIFIED AWWA FORMULA) q, - C xI j' 11u: 32xRw xB'-E, xI ED, I IJ lNxq'/ Solve for t, t= 0.721 x D x C EL x R wUxEs where, q, - total extemal pressure on pipe, pal • 0.433Hw + wHsRw/144 + Ws H. - height of water above top of pipe, it H. - height of soil above top of pipe, It W - soli density, BM3 Rw - water buoyancy factor + 1 - 0.33(Hw / 1-18), minimum value - 0.67 We - go bed, psi (Wsc and/or Wad) D - mean Inside diameter of existing pipe (or Inskufonn CIPP outside dlem1eloo, Inches C - ovelilynt�j l 100 J /r1+ 1q I' J' q - ovalfiy a 100 x (max. dla. - mean dla.)/mean dla. N - factor of safety, typical value • 1.5 to 2 I IT - coefficient of elastic support $' +4e o.esxs EL - ftwral modulus of elasticity of Inskulorm CIPP, pal, reduced to account for long -tern effects I - moment of Inertia, M4/In - t3/12 t - Insquform CIPP thickness, Inches PAGE (2) a. Determine load q,=0.43341w+wx xRw+ 144 R,,,=1-0.33x(HW ! ll .JJ Rw . 0.78 W . 120 Ibs/ft' 1. LIVE LOAD Live bads (concentrated) Q _0.33xq,xPxFg, where, IND W. - concentrated live bad, psi P - concentrated had, be F. - Impact factor C.. - bad Influence cooftlerd (concentrated) D - Inside diameter of existing pipe (or Insituform CIPP outside diameter), Inches Live bad (distributed) Wad _Csd x P x Fad 144 where, W.d - distributed live bed, psi p - applied surface bad, Ib/ft F.d - Impact factor C.d - bad Influence coefficient (distributed) D - Inside diameter of existing pipe (or Insttuform CIPP outside diameter), Inches P . 16000 the C.. 0.019 F.. 1 p 0 psf Csd 0 Fad 0 W. 1.05 psi WSd - 0.00 psi W.. W. + W.d . 1.06 psi 2. TOTAL EXTERNAL LOAD 4r 0 22.6 psi b. Calculate coetflclerd of elastic support W . 0.527 PAGE (3) c. Calculate ovality reduction factor , C=[(I 1 0 )/(1+1 U )2J C . 0.836 d. Calculate EL EL e E - (E x reduction factor to account for long-term effects) EL - 350,000 - ( 350,000 x 0.5) EL - 175,000 psi e. Determine minimum Insfubrm CIPP thickness In buckling 2 1/3 rNxg11 t-0.721xDx EL xRw xB'xEg t e 0.20 in. (External Pressure. Deteriorated ConduRl L Check minimum stiffness requirement Ex I E z 0.093 D' 12x(DR)' where, DR dimension ratio, DR - DA solve for t, _ D' t E 12x 0.093 t 0 0.118 Inches IMin. S M. Limitation. Deteriorated Conduit) II. Defection (Spangler Formula) y Kx(LW+WB) x100 D c E +0.061xE 1.5x(DR-1)' s where, Y - vertical defection of Insfubrrm CIPP, inches Y/D - deflection ratio, expressed as a percentage L - empkbal lag factor, taken as 1.25 K - bedding constard, taken as 0.083 W - earth bad, psi Ws - Owe bad, psi (Wsc and/or WsD) DR - Insfuform CIPP dimension ratio - DA e. - modulus of sof reaction, psi (lypiml value 700-1500 psq PAGE (4) IPROJE�tTiNAM6 Lki►:"rif>NurWgtonkBeaR °.` a. Determine loads 1. Earth load (modlfled Marston formula) W=CxwxBd 144 where, W - earth bad, psi Bd - trench width, it w - soil density, WO C -1 - al" 4/2ku' e -2.718 k - a ratio of horizontal to vertical pressures u' - coefficient of sliding friction between the backflil and trench wells H. - sob depth to top of pipe, It Bd 2.25 ft ku' 0.13 Cr 3.58 W - 6.71 psi 2. Live bad We 1.05 psi b. Calculate deflection Dimension ratio (DR)-Dtt a 40.3 Y/D - 1.21 % < 5% allowable? — O.K. Ill, BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKO) Restrained buckling analysis P=2xKxEL x 1 xC I (DR-1y' N solve for t, t = D 113 rgxK�l +i PxNx 1-v' JII D - mean I.D. of existing pipe (or Insflufonn CIPP outside dia.), Inches t - Instuform CIPP thickness, Inches OR - dimension ratio, (Dll) P - allowable restrained buckling pressure, psi (or allowable external pressure measured above the pipe Invert) K - enhancement factor "Icafly 7) EL - flexural modulus or elasticity of Inaqullorm CIPP, psi, reduced to account for long-term effects PAGE (5) C ■ ovality reduction factor ■ L (Mean Diameter - Minimum Diameter) q ■100 x Mean Diameter v ■ Poisson's Ratio (0.30 typical for Insftuform CIPP) N ■ safety factor, (typically 1.5 to 2) a. Determine load P = Hp, x 62.4 144 H. - Extemel venter above Invert (ft) P ■ 6.93 psi b. Calculate thickness K ■ enhancement factor ■ 7 v ■ Poisson's ratio ■ 0.3 t ■ 0.14 Inches (External Pressure Bucklinal IV, PRESSURE LIMITED DUE TO STIRESS 1.5x1!x(1+1)xDR'-0.5x(1+ q DR= 0' PN where, 4O E S S 1 O a ■ flexural strength of Insftuform CIPP, psi Soho for 1, �� �C� 1.Sx100x(1+100)x(DI=-O.Sx(1+100)<jt)= ar U N 0 z 1.9584 4.08 324.5 J 07' cHN\I- �N t' t 9 F OF 324.5 t2 + 4.08 t - 1.96 0 t ■ 0.1000 inches (Maximum Compressive Hoop Stress) <><><><><><><> INSITUFORM® CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: City of Huntington Beach 02/07/01 Project: 8", 10", 12", 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA Conduit \ Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 10.00 inches Mean Diameter 9.80 Inches Minimum Diameter 2 % Ovally 8.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 14.5 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (includes 0.84 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (Includ( 0.00 psi RR surcharge) Thickness Limitations ( Inches ) 0.1000 Maximum compressive hoop stress 0.1434 External pressure buckling 0.1472 Minimum stiffness limitation, deteriorated conduit 0.1970 External pressure, deteriorated conduit (AWWA) Minimum Desion Thickness = 0.20 Inches �Q 5.0 mm DR = 50.8 CIO 'I Mode of Failure: External pressure, deteriorated conduit (AWWA) CD Long-term Deflection = 1.15% (Spangler) Based on Trench Width of 2.5 feet 0.8 meter J. 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. C ;7--- uesignea Dy Of -- Checked by Q�pFESS/0N�` �oQ0-ia b yifu F2 Z r m !ECHtV' C�\Q F OF C NOS INSITUFORM CIPP DESIGN Designed by: GRAVITY PIPE, FULLY DETERIORATED CONDITION Checked by: Date: 02/09/01 DESIGN CALCULATIONS j' ( 1v2 q, = C X[32xRa. xMKEs xl EDx 1 ll1 v� \'/ Solve for t, t= 0.721 x D x C ((Nx9 Er, xRwUxE, where, 4 - total external pressure on pipe, psi - 0.433Hw + wHsRWI44 + Ws K. - height of water above top of pipe, It H. - height of soil above top of pipe, It W - soil density, be Rw - water buoyancy factor ■ 1 - 0.33(4w / Hrj, minimum value - 0.67 Ws - We load, psi (Wso and/or Wad ) 0 - mean Inside diameter of existing pipe (or InsRuform CIPP outside diameter), inches C ovalMtect' �(l-1�)/rI+lI=J q - ovallty 100 x (max. die. - mean dia.)/mean die. N - factor of safety, typical value - 1.5 to 2 coenlolent of elastic support - EL - flexurel modulus of elWicky of Inskulorm CIPP, psi, reduced to account for long-term effects I - moment of Inertia, In4M - t3/12 I - Inskulorm CIPP thickness, Inches _ 1 + 4e0."Hs a. Determine bed q=0.432kHH,+" 44Rw +W R,,=1-0.33x(H" 8 RW a 0.84 W . 120 lbs/fl° 1. LIVE LOAD Live loads (concentrated) - where, where, c IND W. - concentrated Nve bad, psi P - concentrated Iced, ibs FK - Impact factor C. - bed Influence coeftlent (concentrated) D - Inside diameter of existing pipe (or Ins@ubrm CIPP outside diameter), Inches LNe bad (distributed) Wad _Cad x p x Fad 144 where, W,d - distributed We bed, psi p applied surface bad, b/It2 F,d - impact factor C.d - bed Influence coefficient (distributed) D - Inside diameter of existing pipe (or Insftufonn CIPP outside diameterl, Inches P 16000 bs Cu 0.019 F,. 1 p 0 psf Cad 0 Fad 0 We. 0.84 psi Wsd' 0.00 psi W.. W. + W.d • 0.84 psi 2. TOTAL EXTERNAL LOAD try ■ 14.6 psi b. Calculate ooeft lent of elastic support W . 0.399 T PAGE (2) PAGE (3) c. Calculate ovallly reduction factor 100 too )7 C . 0.836 d. Calculate EL EL _ E - (E x reduction factor to account for long-term effects) EL v 350,000 - ( 350,000 x 0.5) EL a 175,000 psi e. Determine minimum Inskufonn CIPP thickness in buckling (Nxq,) 21/3t-0.721xDx C Ei xRw xB'xEg to 0.20 In. (External Pressure, Deteriorated Conduit) f. Check minimum stiffness requirement E x I_ E 2 0.093 D3 12x(DR)' where, DR - dimension ratio, DR D)l solve for t, t E 12 x 0.093 t ■ 0.147 Inches (Min. StIR. Llmlfation, Deteriorated Conduit) II. Deflection (Spengler Formula) Y Kx(LW+W.) x100 D e E +0.061xE 1.5x(DR-1)' s where, Y - vertical deflection of Inskufoml CIPP, Inches Y/D - deflection ratio, expressed as a percentage L - empirical lag factor, taken as 1.25 K - bedding constant, taken as 0.063 W - earth bed, psi Ws - lire bed, psi (Wec and/or Wac) DR - Insiluform CIPP dimension ratio - Dlt E'. - modulus of loll reaction, psi (typical value 700-1500 psq PAGE (4) PROJECT-RAMg VR7-'OHUOUGt ac t Y ±'i'!'++Wg4g• a. Determine beds 1. Earth bed (modt led Marston formula) w_CxwxBd 144 where, W - earth bed, psi Bd - trench width, It W - soil density, IbM3 C -1 - el'2'°�/2W e -2.718 k - a ratio of horizontal to vertical pressures u' - eoeftfciemt of slkfing friction between the backft0 and trench wells H. - soil depth to top of pipe, It Bd 2.5 ft ku. 0.13 C■ 3.04 W v 6.33 psi 2. Lie bed Ws 0.84 psi b. Calculate deflection Dimension ratio (DR) -DR a 50.8 Y/D - 1.15 % < 5% allowable? — O.K. Ill, BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKOI Restrained buckling analysis P-2xKxEr, x 1 x C 1-v' (DR-1Y' N solve for t. t = D 1/3 2xKxExC r, +1 PxNx 1-v' D - mean I.D. of existing pipe (or Insituforn CIPP outside dla.), Inches t - Insftuform CIPP thickness, Inches DR - dimension ratio, (D/t) P - ak Nmble restrained buckling pressure, psi (or allowable external pressure measured above the pipe Invert) K - enhancement factor (typically 7) F{ flexural modulus of elastbty of Inskufofm CIPP, psi, reduced to account for long-term effects PAGE (5) AROJ6Cl11iAM�::�Cititof NiI�MfAfoili6�eeh� `E<" _? � s`7= C e ovalMy reduction factor l l� (1 100 ) / (1 + 100 J J L (Mean Diameter - Minimum Diameter) q -100 x Mean Diameter v - Poisson's Ratio (0.30 typical for Insftuform CIPP) N -safely factor, (typically 1.5 to 2) a. Determine bad P_Hp,x62.4 144 H+- External water above lmrart (ft) P 3.47 psi b. Calculate thickness K . enhancement factor 7 v . Poisson's ratio - 0.3 t U 0.14 Inches (External Pressure Buckling) W. PRESSURE LIMITED DUE TO STRESS ll l.Sxlx(1+1�JxDR2-O.Sx(1+1�)xDR=— a a PN where, a . flexural strength of Insituform CIPP, psi QO ¢ E S S /ON solve for t, ���� �oQ\5 8 rk�N 1.5x100x(1±100)x(D)-0.5x(1+100)x(tO)= a, � C_'J U a J m U tTl 3.06 5.1 a: - - 849.0 t2 t C TECH M'- C�\Q 649.0 t2 + 5.10 t - 3.06 - 0 9T OF C A\-,` Q� t ■ 0.1000 Inches (Maximum Compressive Hoop Stress) <><><><><><><> INSITUFORM® CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: City of Huntington Beach 02/07/01 Project: 8", 10", 12", 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA Conduit \ Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 12.00 inches Mean Diameter 11.76 inches Minimum Diameter 2 % Ovality 8.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 14.3 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (includes 0.70 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includ( 0.00 psi RR surcharge) Thickness Limitations ( Inches ) 0.1000 Maximum compressive hoop stress 0.1721 External pressure buckling 0.1766 Minimum stiffness limitation, deteriorated conduit 0.2343 External pressure, deteriorated conduit (AWWA) Minimum Desion Thickness = 0.23 Inches 4�pFESS/O�r 9� K BY = 6.0 mmk� F2 DR = 51.2 Mode of Failure : External pressure, deteriorated conduit (AWWA) w Er 2 Long-term Deflection = 1.14% (Spangler) `� Based on Trench Width of 2.5 feet 12/31/ c 0.8 meter F07-'ECHN\'- �' J c lF The Input data for this project should be verified In the field OF 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. =by Designed by Checked INSITUFORM CIPP DESIGN Designed by: �' GRAVITY PIPE, FULLY DETERIORATED CONDITION Checked by: Date: t2109101 PROJECT NAME 1CM&Muntl LOCATION 8M 0'�1:2 15",$Se'wer7Gash'-.Contffic- #1=16t =. - P -: CLIENT Hu'n'tl`ton'Beacti#CA r€` ""�' DESIGN CALCULATIONS 1. BUCKLING ANALYSIS (MODIFIED AWWA FORMULA) v: q,=Cxf 32xRWxMEsx(E`, 111 r Nxq, J Solve for t, t= 0.721 x D x l C EL xRw1XxEs where, q, - total external pressure on pipe, psi = 0.433HW + wHsRW/144 + W8 Hw - height of water above top of pipe, ft H. - height of soil above top of pipe, ft W - soil density, The RW - water buoyancy factor = 1 - 0.33(HW / He), minimum value = 0.67 W8 - live load, psi (Wsc and/or Wed ) D - mean inside diameter of existing pipe (or Insituform CIPP outside diameter), Inches C-ovalityfact (rl-- I+— 3l, C �\ 100 )� 100 J q ovality = 100 x (max. dia. - mean dia. )Imean dia. N - factor of safety, typical value = 1.5 to 2 B' - coefficient of elastic support = EL - flexural modulus of elasticity of Insituform CIPP, psi, reduced to account for long-term effects 1 -moment of inertia, 0/in = t'/12 t - Insituform CIPP thickness, inches _ 1 B 0 65H8 1+4e PAGE (2) PROJECT :NAME:c. City of Huntigto&Beach - a. Determine load qt=0.433xHW+wxH44RW +Ws RW=I-0.33x(H,,I lI Hs JJ RW = 0.85 W = 120 Ibs/ft3 1. LIVE LOAD Live loads (concentrated) _0.33xCSC xPxF, where, WsC 12x D W. - concentrated live bad, psi P - concentrated bad, Ibs F.. - Impact factor C.. - load Influence coefficient (concentrated) D - Inside diameter of existing pipe (or Insitufonn CIPP outside diameter), Inches Live bad (distributed) Csd XPXFsd Wsd = 144 where, W,d - distributed live load, psi p - applied surface load, Ib/ftz F.d - Impact factor C.d - bad influence coefficient (distributed) D - Inside diameter of existing pipe (or Insitufonn CIPP outside diameter); Inches P = 16000lbs C. = 0.019 F.. = 1 p = 0 psf Ced = 0 Fed = 0 W. = 0.70 psi Wsd = 0.00 psi W. a W.. + W.d M 0.70 psi 2. TOTAL EXTERNAL LOAD q, = 14.3 psi b. Calculate coefficient of elastic support B' = 0.399 PAGE (3) c. Calculate ovality reduction factor l � C—K 100J/C1+100)2] C = 0.836 d. Calculate EL EL = E - (E x reduction factor to account for long-term effects) EL = 350,000 - ( 350,000 x 0.5 ) EL = 175,000 psi e. Determine minimum Insituform CIPP thickness in buckling Z rNxq, 1 1/3 t=0.721xDx l C ) EL xRw, xW<Es t. 0.23 in. (External Pressure, Deteriorated Condult) f. Check minimum stiffness requirement ExI _ E > 0.093 D' 12x(DR)' where, DR = dimension ratio, DR = D/t solve for t, in t E 12 x 0.093 t = 0.177 Inches (Min. Stiff. Limitation, Deteriorated Conduit) II. Deflection (Spangler Formula) Y_ Kx(LW+Ws) x100 D E +0.061x E, 1.5x(DR -1)' s where, Y - vertical deflection of Insituform CIPP, inches Y/D - defection ratio, expressed as a percentage L - empirical lag factor, taken as 1.25 K - bedding constant, taken as 0.083 W - earth load, psi Ws - live load, psi ( Wso and/or Wso) DR - Insituform CIPP dimension ratio = DA E', - modulus of soil reaction, psi (typical value 700-1500 psi) PAGE (4) !PROJE ,T NAME', Cifv of.HuntWton_'BeacW a. Determine loads 1. Earth load (modified Marston formula) W—CxwxBd 144 where, W - earth load, psi Bd - trench width, ft w • soil density, Ib/ft3 C _ 1 - e(-zk"1/2ku' e -2.718 k - a ratio of horizontal to vertical pressures u' • coefficient of sliding friction between the backfill and trench walls H. - soil depth to top of pipe, ft Bd = 2.5 ft ku' = 0.13 C= 3.04 W = 6.33 psi 2. Live bad Ws = 0.70 psi b. Calculate deflection Dimension ratio (DR)=Dtt = 51.2 Y/D = 1.14 % < 5% allowable? "' O.K. Ill BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKO) Restrained buckling analysis P_2xKxEL x 1 x C 1- �DR-1y' N solve fort, t = D iia I 2xKxELxC +1 PxNx 1—. _ �] D - mean I.D. of existing pipe (or Insituform CIPP outside dia.), Inches t - Insituform CIPP thickness, Inches DR - dimension ratio, (D/t) P - allowable restrained buckling pressure, psi (or allowable external pressure measured above the pipe invert) K - enhancement factor (typically 7) EL - flexural modulus of elasticity of Insituform CIPP, psi, reduced to account for long-term effects C = ovality reduction factor = K 1 1�J/(1+100)2J (Mean Diamleter- Minimum Diameter) Q= 100 x ---- — --- -- ----------------------- Mean Diameter v = Poisson's Ratio (0.30 typical for Insituform CIPP) N = safety factor, (typically 1.5 to 2) a. Determine load P = H Wl 442.4 Hw - External water above invert (ft) P = 3.47 psi b. Calculate thickness K = enhancement factor = 7 v = Poisson's ratio = 0.3 t = 0.17 Inches (External Pressure Buckling) IV, PRESSURE LIMITED DUE TO STRESS 1.5x—x 1+— xDR -0.5x 1+— xDR= a 100 ( 100) ( 100 PN where, a = Flexural strength of Insituform CIPP, psi solve for t, CY 1.Sx100x(1+100)x(R),tO.Sx(1+100)x(D) PN 4.4064 6.12 649.0 e t 649.0 e + 6.12 t 4.41 = 0 t = 0.1000 Inches (Maximum Compressive Hoop Stress) CIPP THICKNESS PAGE (5) Q�pFESS/p/i,q` 4 JQ,\tK is rn 41 F2 G,F0 c� � � z �. m CD M w 0 62 z /31 /D 1� J F0rECH1A\�N TF OF C P����� <><><><><><><> INSITUFORMO CIPP DESIGN <><><><><><><> (as per ASTM F1216) Client: City of Huntington Beach 02/07/01 Project: 8", 10", 12", 15" Sewer. Cash Contract #1161 Location: Huntington Beach, CA Conduit \ Condition: Gravity Sewer, Fully Deteriorated 350,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 15.00 Inches Mean Diameter 14.70 inches Minimum Diameter 2 % Ovalfty 8.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psl Soil Modulus 14.1 psi Total Earth Loading 16,000 Ibs Live load per AASHTO (Includes 0.56 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (inciud( 0.00 psi RR surcharge) Thickness Limitations ( Inches ) 0.1000 : Maximum compressive hoop stress 0.2151 : External pressure buckling 0.2208 : Minimum stiffness limitation, deteriorated conduit 0.2898 : External pressure, deteriorated conduit (AWWA) opv SS/04'9 Minimum Design Thickness = 0.29 inches �O yko 7.4 mm �4 roe c. DR = 51.8 C-0 Mode of Failure : External pressure, deteriorated conduit (AWWA) c3 / v LW 0 62 Long-term Deflection = 1.32% (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. uesignea Dy Checked by N F2c� l rn Im x !A cFOrECHN��P� �N TF OF CA���G� INSITUFORM CIPP DESIGN Designed by: GRAVITY PIPE, FULLY DETERIORATED CONDITION Checked by: Date: 02/07101 • • i:Ati���S�ris a'>'. t��•t' .'�. "�� Ub.'.''.a�3.teiw`}'.,2�i.'.'�zw�� �..2t2.:.''e�+, up., } REDUCTIONDESIGN CRITERIA ,PIPE MEAN INSIDE DIAMETER ONCHES) RIM • ACCOUNT FORp;i:jbrcnryz LONG TERM EFFECTS iLl .• vas • . W i i! 3 ' ffl rye r �#.a"� 24 s • • far :ram .i 'i .,, r DESIGN CALCULATIONS 1. BUCKLING ANALYSIS (MODIFIED AWWA FORMULA) j' / u3 q, = N xI 32.R,,, xBS,E, x1 ED' I ll \NXg1/ SONG fort, t=0.721 xDX C EL x Ra.B'xE6 where, q, - total external pressure on pipe, psi - 0.43314w + wHsRw/144 + Ws H,,, - height of water above top of pipe, It H, - height of soli above top of pipe, ft W - sop density, Ib/ft° Rw - water buoyancy factor -1 - 0.33(Hw / Ha), minimum value - 0.67 Ws - On bad, psi (Wsc and/or Wed) D - mean Inside diameter of existing pipe (or inskulbrm CIPP outside diameter), Inches C -ovally, fact _3 ((i /(i+—1 C �( t0o ` 100) J q - ovelflY 100 x (max. die. - mean dle.)/mean die. N - factor of safety, typical value - 1.5 to 2 1 coeftblent of elastic support - $' + 4e-o.ssx$ EL - flexural modulus of elasticity of Inskubrm CIPP, psi, reduced to account for long -tern effects I - moment of Inertia, In�M - ell t - Inskuforn CIPP thickness, Inches PAGE (2) a. Determine bad q=0.433<Hw,+WxKxR,+W 144 Rw = I-0.33 x(HW 1 l H. Rw ■ 0.85 W ■ 120 Ibs/0 1. LIVE LOAD Live loads (concentrated) 0.3.1cgCxPxFc where, c IND WK - concentrated On bad, psi P - concentrated bad, ibs F. - Impact factor CK - bad influence coefllcbnt (concentrated) D - inside diameter of existing pipe (or Inslturorm CIPP outside diameter), Inches Lhre bed (distributed) Wsd _Cad x p x Fsd 144 where, W.d - distributed No bad, psi p - applied surface bad, IblflZ F.d - Impact factor Cod - bed Influence coaftlent (distributed) D - Inside diameter of existing pipe (or Insituform CIPP outside diameter), Inches P 16000lbs CU 0.019 Fu 1 p 0 psf Csd 0 Fsd 0 W. 0.56 psi Wsd - 0.00 psi W. - W. . W.d • 0.66 psi 2 TOTAL EXTERNAL LOAD qr a 14.1 psi b. Calculate coefficient of elastic support B' - 0.399 PAGE (3) c. Calculate ovalAy reduction factor t-,10 J,�1+10 C . 0.836 d. Calculate EL EL - E - (E x reduction factor to account for long -tern effects) EL - 350,000 - ( 350,000 x 0.5) EL ■ 175,000 psi e. Determine minimum Inskuforn CIPP thickness In buckling l� iro CNxq'/ t-0.721xDx C EL xRw xBScEs to 0.29 in. fExtemal Pressure, Deteriorated Conduct) f. Check minimum stiffness requirement ExI _ E 2 0.093 D' 12x(DR)' where, DR a dimension ratio, DR DR solve for t, t = E' 12 x 0.093 t ■ 0.221 Inches (Min. SUIT. Llmttation, Deteriorated Conduit) 11. Deflection (Spangler Formula) Y Kx(LW+W,) x100 D- E +0.061xE 1.5x(DR-1)' s where, Y - vertical defection of Insituform CIPP, Inches YID - defection ratio, expressed as a percentage L - empirical leg factor, taken as 1.25 K - bedding constant, taken as 0.083 W - earth bad, psi Ws - Ave bad, psi ( Wsc and/or Wso) DR - Insfuforn CIPP dimension ratio a DA E. - modulus of soli reaction, psi (typical value 700-1500 psq PAGE (4) a. Determine loads 1. Earth bad (modified Marston formula) W=CxwxBd 144 where, W - earth bred, psi ad - trench width, It W - soil density, Wits C -1 - e(-'O'b"/2ku' e -2.718 k - a ratio of horizontal to vertical pressures u' - coefficient of sliding friction between the backf ll and trench walls H, - sop depth to top of pipe, fl Bd 3.5 It ku' 0.13 C- 2.58 W e 7.54 psi 2. Lie bad Ws 0.56 psi b. Calculate deflection Dimension ratio (DR)-D/t - 51.8 Y/D o 1.32 % c 5% allowable? — O.K. III. BUCKLING DUE TO EXTERNAL WATER PRESSURE (MODIFIED TIMOSHENKO) Restrained buckling analysis P-2xKxEL x 1 x C 1—v= (DR-1, N D sake for t, t = 1, [2xKxELxC +1 PxNx I-V, D - mean I.D. of existing pipe (or insltuform CIPP outside dia.), Inches t - InsMufonn CIPP thickness, Inches DR - dimension ratio, (DR) P - allowable restrained buckling pressure, psi (or allowable wdemal pressure measured above the pipe Invert) K - enhancement factor (typlcaW 7) EL - flmml modulus of elasticity of InsBuform CIPP, psi, reduced to account for bng4offn effects r PAGE (5) C - oveltty, reduction factor e 100 100 r 7 L (Mean Diameter - Minimum Diameter) q e 100 x -- -- Mean Diameter v - Polsson's Ratio (0.30 typical for Insituform CIPP) N - safety factor, (typlcally 1.5 to 2) a. Determine bad P_Hg,x62.4 144 H. - External water above Invert (ft) P e 3.47 psi b. Calculate thickness K - enhancement factor 7. v e Poisson's ratio ■ 0.3 t ■ 0.22 Inches (External Pressure Buckling) IV. PRESSURE (1LIMITED DUE TO STRESS 1.5x1 00 x(1+1gIxDR'-O.Sxrl+l�xDR= a where, ' O ESS IO�q! a e flexural strength of Insituform CIPP, psi solve for t, 3 � �. 1.5x—x I+— x D -0.5x(i00t)1+— x D= Q 100 100) (t) ( PN W o 62 ^ 8.885 7.65 649.0 tZ - t - ST CcOTECNN�rP J� TF OF 649.0 t2 + 7.65 t 6.89 0 t ■ 0.1000 inches (Maximum compressive Hoop Stress) `i1, 01; 00 WED 14:47 FAX 6365308 444 INSITUFOR:M TECHNOLOGIES --=• SW SANTA FE f insituform F. wor/a rde pipe;rne TechnologkS Inc. ena�iurarion 0� Smri! -0 ?ark Drive Tel: (53533; C se 2r°;e1�. +.10 530 F?x :36) .,_ CERTIFICATE OF COMPLIANCE Date: November 1, 2000 Project Reference: Huntington Beach Harbour Project Contract #1161 Huntington Beach, CA AOC 102TA is a resin that has been approved by Insituform Technologies, Inc. for use in Insituform projects. AOC 102TA resin has a successful history in both lab conditions and actual field installations and meets the chemical resistance recommendations of ASTM F1216-98 and ASTM D5813-95. We recommend the following physical properties for Insituform design when using the AOC 102TA polyester resin system: Flexural Modulus of Elasticity....................................400,000 psi Flexural Strength ..................................................... .4,500 psi Flexural Modulus Reduction to Account For Long-term Effects ................. . ...... . ....... . ..........50% The above values were derived from samples tested in accordance with modified ASTM D-790 and D638 when used and installed in accordance with procedures recommended by Insituform, Technologies, Inc. INSITUFORM TECHNOLOGIES, INC. i Zrog�jct aZaltsman Engineer STATE OF MISSOURI COUNTY OF ST. LOUIS Subscribed and sworn to before me on this ii 1 a.C,c1LQ- i�U AA'P/ Nofary Public `S-+ day of oVe»Y)6-in the year 2000. LAURA JONM Notary Notary FO A�SSp� taro county My Li 0n EXPIM: Dec. 30, 200I 11i 01;`00 WED 14 : 47 FAX 6365308744 isle ntr TILL 10: uo r.ys 414 ale' Oulu INSITUFOR;M TECHNOLOGIES y„ SW SANTA FE 1145i lur'Ukch '1'tt-w1uj u4.1bb r +, A ANU U CLIENT: Insituform Terhaologies, Inc. 17999 Edson Avenue Chesterfield, MO 63005-3700 Attn; Greg Hunt November 17, 1999 Test Report No. E9-0544 Pagel of 4 RE: PO R-05508 MATERIAL: Thirty-five individual composite Specimens approximately 8 inches x ,/a inch x 0.235 inches were submitted and ide'rttified as 1nsituform0- 102TA. Composite Samples. TERNG: Chemical Resilncc 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 cxposuro, 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 exposcd to approximately 50% Relative Humidity and 23OC for the 368 day period. Chemical Solution Concentration Nitric acid 1 Q Sulfuric acid 5 ASTM Fuel C 100 Vegetable oil 100 Detergent 0.1 Soap o.1 RESULTS: The rrsults arc 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 801/6 retention of flexural modulus after coe•year immersion in all solutions. Detailed values are prrsemted in Table 2. TF.b'MG SUPERVISED BY: to Krause -Singh Section Manager TESTING CONDUCTED BY: Dale J. Beasle Technician II 71:s m1mrl appGez only to the sample, or sampial. I1yes6galed and 6 net necea+ar.iy lndicatiye of the 5ualily er condition cl apperen'.ly ;Ccrd:c-il c, prod;oViz. As a mutual preeectien 1p eYenls, rho pvbKc and these Labeywaries. tlus report it subrrt:W and aect Ad ttx We* eseL,srye Ac rl IrK c;;or; Ic . iC LoCrr.ssed and tort Cc candlt:an c%al It Is rd to tin used, In wtNolc or in pwt, in any advartlsing or ptiVIclly matte wj^vn l prix wrrten auRori;a +a He =r labCra.cries. TT.;s report nchy Do copied only In its cndreiy. Hauser Laboratories - 4750 Naubtus Ct. So. - Boulder, CO 80301-3240 - www.hauser.com - Ph; (600) 241-2322 - Ph: (3M) 581.0079 - FAX: (303) 581-0195 11,,'OI W WIM 1.4:48 FAX 6365308744 . i =_.tri oo nGu y,!,vo fAA J19 .lu Oulu INSITUFORM TECHNOLOGIES --- SW SANTA FE 11r IlU1"URA '1EC "ULJ(alLJ tiiY K A:VD D November 17, 1999 Tat Rcpoft No. E9-0544 Page Z of 4 TABLE 1 SUMMARY OF FLEXURAL TEST RESULTS Solution Average Reuntion of Flcx =l Strmgth Avmagc Retcation of Flcxural Modulus Nitric acid 87 94 Sulfuric acid 87 98 ASTM Fuel C 90 100 Vegetable oil 87 101 D ent 85 85 Soap 88 88 ASTM D5813 Requircment 80 minimum 11,-01/00 WED 14:45 FAX 6365308744 12/17/99 WED 18:05 FAA 314 b19 8010 INSITUFORM TECHNOLOGIES SW SANTA FE INSITUFOM TECHNOLOGIES R A-N'D D November 17,1999 Test Report No. E9-0544 P&gc 3 of 4 TABLF. 2 DuAamnmiRAL Piwpa.Tms Specimen No. Maximum Fletuml Sb=gth Flmral Modulus (Taapnt) i Value % Retzation Value Retention 1 PAi 0/6 Psi 'I Control 1 6960 i 746000 2 6970 7 22000 3 7450 718000 4 9630 733000 5 $500 792000 7690 100 742000 100 SU Dev. 850 .:.i 29700 Nitric Acid Exposure 1 6610 .676000 7 6910 721000 3 6670 725000 4 66,50 660000 5 6620 716000 AvSMe 6670 97 700000 94 Std, Dev. 80 29600 Sulfuric Acid osure, 1 6710 i 672000 2 6540 711000 3 6530 769000 4 6400 730000 5 7140 758000 Aver 6670 fi- 97 729000 98 1 Std. Dcv. 290 38500 ASTM Fuel C Exposure 1 6650 734000 2 6450 751000 3 7310 i 701000 4 7000 790000 5 73 DO Averagc 6940-:.1 90 744 000 100 Std. Dev. 390 37000 11/01/00 )FED 14 : 48 FAX- .6365308744 INSITUFORM TECHNOLOGIES --- ------------ SW SANTA FE November 17, 1999 Test Report No. E9-0544 page 4 of 4 TABES 2 NTD&MD Specimen No. MaximiLm Iftural Strength Flexural Modulus CTangent) Val4e. :--::-I!% Rcmnti011 Value % Retention� psi % Vegetable Oil Enosurc I 1 7310 726000 2 6230 i 748000 3 6760 769000 4 6410 735000 6560 787000 Avenge 6600 87 753000 101 Std. Dev. 410 24900 Detergent Exposure 1 710 iijll 605000 2 610 J., . li 634000 3 66.30 650000 4 5760 623000 5 .7030 6520M AvqMc 6540.1 95 633000 Std. Dev. 570 TI 19400 Soap F-xpasure :j 1 6110, 618000 2 6470M 3 693 A 688000 4 658000 5 7270-: 657000 Avera ge 6790 1.4 i 1 654000 88 sta.Dcv, 420 �j l 25000im 11,01100 WED 14:49 FAX 6365308744 Insituform 9e+5 8e+5 7e+5 6e+5 N a 5e+5 75 .a 0 4e+5 a a� a� U 3e+5 2e+5 �-- 1e+0 INSITUFORM 'TECHNOLOGIES -a-SW SANT'A FE Worldwide Pipeline 702 Spirit 40 Park Drive Tel: (314) 530.8CCC Rehabilitation Cheslerlield, MO 63005 Fax: (314) 519.80, C www.insitolorrn c.-m Flexural Creep Modulus AOC 102TA Polyester Resin 1e+1 1e+2 1e+3 1e+4 Time (hours) Testing done in accordance with ASTM D2990 by Hauser LaWatories 1e+5 50 YeE.4- V Insituform• Technologies, Inc. Letter of Transmittal. Oregon Office: California Office: Hawaii Office: [ ] Brooks, Oregon 97305 [ X ] Benicia, California 94510 [ ] Kaneohe, HI 96744 8795 Portland Road, N.E. 5100 East Second St. 47-016A Hui Iwa Place P.O. Box 9176 P.O. Box 519 P.O. Box 5380 503-304-3514 Y 3]� 707-747-58883� I b (808) 239-8968 Fax 503-304-3524 Fax 707-748-7461 Fax 808-239-5383 To: City of Huntington Beach Date: 3/9/01 2000 Main Street Insituform Job No: 1395 35th Ave Client Job No: Hungtington Beach, CA 92648 Re: Huntington Beach Harbour Sewer Lining Project (CC - 1161) Attn: M. Todd Broussard, Associate Civil Engineer We Are Sending You: [ ] Drawings [X ] Attached [ ] Under separate cover via the following items: [ `] Copy of letter [ ] Tech. Literature [ ] Video Tapes [ ] Samples [ ] Specifications [ ] Change Order [ ] Work Reports [ ] Submittals [ ] _ Addendum to Contract Copies Date Number Description 1 Signed Contract Agreement Construction Performance & Payment Bond Copy of Certificate of Liability Insurance These Are Transmitted as checked below: [ x ] For approval [ ] Approved as submitted [ ] For your use [ ] Approved as noted [ ] As requested [ ] Returned for corrections [ ] For review and comment [ ] For bids due ] For destruction [ ] Resubmit copies for approval [ J Submit copies for distribution [ J Return corrected prints [ ] Prints returned after loan to us Remarks: Enclosed please find signed contract documents for the above reference project Upon your receipt please send executed copies to our Office attention Contracts Administrator 5100 East Second Street Benicia, CA 94510 Signed: (J"'e AME: Dovie M. Foster TITLE: Contract Administrator cc: Jennifer Allen FILE: Project File Cured - In- Place Rehab. 2000 r CITY OF HUNTINGTON BEACH RLS No, REQUEST FOR LEGAL SERVICES a� -� a / Assn To S'L Gail Hutton, City Attorney Date - Date: Request made by: Telephone: Department: 03/21/01 David Verone 8471 Public Works 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 If for City Council action, Agenda Deadline Council Meeting COMMENTS: If not for Council action, desired completion date: 4/02/01 Unless otherwise specified herein, I consent to the disclosure of the i information contained in this RLS to all members of the Cibi-Ommcil. a naturb of rtmen"d Routing:: Please review and approve "As to Form" the following contract documents furnished by Insituform technologies GCH Inc. contractor for the Huntington Harbor Sewer Slip lining Project: CC 1161. PDA 1. Payment Bond # 929174375 (2 copies) 2. Performance Bond # 929174375 (2copies) 3. Certificate of Insurance 4. Agreement - for signature only( with attachment A) c-� o EMSA' ADL ❑.� c'v to SF -moo JM a)� t, X CDEl REFERENCE R.L.S. # 2001-0126 0 This Request for Legal Services has been assigned to attorney :extension His/her secretary is , exyi" n Notes File Name a-•; . Date Comp Wp..No.• rn Shaded areas for City Attorney's Office use only. COPIES TO: Front Desk Engineer City Clerk g Y t HUNTINGTON HARBOUR SEWER LINING PROJECT CC - 1161 ata !Ip ONMg Raliftb 12108v20 Y ..* CC-1161 BID LIST BIDDER'S NAME RANK TOTAL. BID AMOUNT 13. MILLER PIPELINE CORPORATION . . $ 14. MURPHY INDUSTRIAL COATING $ 15. SANCON TECHNOLOGY $ 16. TECHNO COATING $ 17. Z. Z. LINER, INCORPORATED $ n r oO �f ' 18. $ 19. $ 20. $ 21. $ 22. $ 23 $ 24. $ 25. $ C i TIM. hi, U f' A 2001 f Eu'- OLD z �-7. FS fool _0 7 1 . D �J - CC 1161 HUNTINGTON HARBOUR SEWER LINING PROJECT BID OPENING MOVED TO ROOM B-8 2:00-2:30 -Oil 1 11 ml 0"2A-, GAConstruction Contracts (CCs)\CC 1161 \Counter bid description.doc PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) SS. County of Orange ) the provisions of the Cal- l am a Citizen of the United States and a Ifornia Government . NOTICE INVITING . Code, Section 4590. resident of the County aforesaid; I am SEALED M The Contractor shall be beneficial owner of the over the age of eighteen ears and not a g g years, HUNTIR SG R' lUesurety and shall �Ne interest thereon. HARBOUR SEWER �he � AGENCY hereby partyto or interested in the below LINING PROJECT affirmatively ensures (Only CIPP Liner, that minority business entitled matter. I am a principal clerk of Ty A all enterprises will be af- T CONTR°" n�T full opportune, to NT the HUNTINGTON BEACH INDEPENDENT, a submit bids in response NO. o. 11 to this and not newspaper of general circulation printed r P nn�t against CITY OF on the basis- of race, and published in the City of Huntington HUNTINGTON color, national origin, r BEACH ancestry, sex; or religion Beach, County of Orange, State of PUBLIC NOTICE IS in any consideration HEREBY GIVEN that leading to the award of contract. California and that attached Notice is a the CITY OF HUNT- BEACH, as No bid shall con- it is r true and complete copy as was printed AAGENCGENCY, invites sealed sidered unless.. beds for the will receivetated prepared on the ap- project and will receive Proved ,Proposal fomss and published in the Huntington Beach such bids in the office of �ri with the City Clerk, Second Instructions to Bidders. The tied and Fountain Valle issues of said Y Floor, too Main Street, must ar ac- Huntington Cali- compenied by a Certified newspaper to wit the issue(s) of: .Beach, forma 92646, up to the check, cashier's check, hour of ePM on or bidders bond made payable to the AGENCY Tuesday, February 13, February be ffor an amount no less 2001, Bids will pub- licly open :in the CouncH than 10016 of the amount bid. The successful bid - J a n u a r 25, 2001 y Cna , n the dar e be ficeneed in accordance with Level of City Hall, unless provisions of the Busi- F e b r u a r y 1, 2001 otherwise pew ness and Professions Copies . of the - Code and shall possess February 8, 2001 cations, and contract a State Contractor's documents are available License Class A at the from the Office of the Di-, time of the bid opening. rector of Public Works, The successful Contrac- 2000 Main Street, Hunt-, for and his subcon- declare, under penalty of perjury, that Ingtori Beadh, CA tractors will be ►squired 92648 upon pa t of to possess business ridable the foregoing is true and correct. a $25.00 nonre iicenses from the fee if f $ 5.0 or AGENC 3.00 a merit of a The AGENCY re - A nonrefundable fee If sever the right to reject mailed, any or all bids, to waive This is a Davis -Bacon any erregularity and to the Federal Executed on February 8 2001 project and take all bids under Regulations will be advisement for a Any. I enforced. contract maximum period of 60 Costa Mesa California. Into enterat in- nt to days. this.enot I notice BY ORDER of the corporate the provisions CITY COUNCIL of the of the Federal Labor CITY OF HUNTINGTON Standards, .which are on BEACH, CALIFORNIA, file at the office of the DI- the 16th day of January, rector of Public Works, 2001. 2000 Main Street; Hunt- Attest: h�ton Beach, CA 92646 Connie Brockway, The AGENCY will de- CRY CLERK OF THE duct a 10%- retention ,CRy OF , from all progress : pay- HUNTINGTON BEACH ments. Trie Contractor Published Huntington may substitute an Beach -Fountain Valley. Signature g escrow holder surety of. Independent January. equal, to the :reten-, 25, February 1, 6, 2001 value tion in accordance with 014-376 4XA 1 `17- O) SECTION A`'' Z-I-o► NOTICE INVITING SEALED BIDS for the . HUNTINGTON HARBOUR SEWER LINING PROJECT (Only CIPP Liner, Type A allowed) r' CASH CONTRACT No. 1161 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Tuesday, February 13, 2001, Bids will be publicly open in' the Council Chambers, on the Lower Level of City Hall, unless otherwise posted. Copies 'of the Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the 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 The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 Nd bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under. advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16th day of January, 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BEAC�II.``jF'''' 2000 Main Street P.O. Box 1 9 0 Z001 JAW i i P Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Connie Brockway Date: January 17, 2001 To: City Clerks Office 2000 Main Street Huntington Beach, CA 92648 Project/C.C. No.: C. C. No. 1161 Regarding: Huntington Harbour Sewer Lining ❑ We are sending you: By Mail By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: a Attached ❑ . Under a separate cover via the following items: ❑ Shop drawings ❑ Prints Plans ❑ Samples ❑ Specifications El Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Ifem # .. ' Co s ... Pa es ... T Descri tion:: 1 1 2 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 review/comment ❑ Other: Remarks: On January 16, 2001, the City Council authorized the readvertisement of the Huntington Harbour Sewer Lining Project, CC1161. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for 1/25, 2/1, and 2/8 with a bid opening on 2/13. Please contact me at extension 5247 with any questions you may have. cc: By: M. To d Broussard, PE, Associate Civil Engineer G:\CONSTRUCTION CONTRACTS (CCs)\CC1161\TO10117CLERR.DOC CITY OF HUNTINGTON BEACH -"' T. riot my j -PN MEETING DATE: January 16, 2001 DEPARTMENT ID NUMBER: PW 01-001 =I Council/Agency Meeting Held: 61— N— a 1 Deferred/Continued to: ` A roved ❑ Condition Ily Approved ❑ Denied Ltity rk's Signature Council Meeting Date: January 16, 2001 Department ID Number: PW 01-001 SUBMITTED TO: BMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH o REQUEST FOR ACTION HONORABLE MAYOR AND CITY COUNCIL MEMBERS` RAY SILVER, City Administrator ROBERT F. BEARDSLEY, Director of Public Works REJECT ALL BIDS AND AUTHORIZE READVERTISIEMENT OF BIDS FOR THE HUNTINGTON HARBOUR SEWER LINING PROJECT, CC-1161 Statement of. Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council reject all bids submitted by contractors to the Office of the City Clerk on November 1, 2000 for the Huntington Harbour Sewer Lining Project, CC-1161, and authorize the readvertisement of bid for this project? Funding Source: This project will be co -funded through an Environmental Protection Agency (EPA) grant and an Orange County Sanitation District (OCSD) grant. Matching grants in the amount of $950,200 will be received for a total project budget of $1,900,400. Project budgeted in EPA/OCSD Grant, Huntington Harbour Slipline, Account No. 8838901-82600. Recommended Action: Motion to: Reject all bids for the Huntington Harbour Sewer Lining Project, CC-1161 and direct the City Clerk to return all bid bonds; and 2. Authorize the Director of Public Works to readvertise the Huntington Harbour Sewer Lining Project, CC-1161 for bids• 01-001 jan 2 Broussard -2- 1/4/01 11:48 AM f� I REQUEST -FOR ACTION MEETING DATE: January 16, 2001 DEPARTMENT ID NUMBER: PW 01-001 Alternative Action(s): Delay award of bid for an undetermined period of time and appoint a hearing officer to hear the dispute. between the lowest and second lowest monetary bidders and furnish his or her report to the Council before deciding on the contractor to whom to award this contract. 2. Award the contract to either the lowest monetary bidder (National Liner, Inc.) or the second lowest monetary bidder '(Insituform Technologies, Inc) , and incur the possibility of lengthy and costly litigation by the unsuccessful bidder. Analysis: On October 2, 2000, the City Council authorized the advertisement for bids for the Huntington Harbour Sewer Lining Project, CC-1161. Bids were received and opened on November 1, 2000 as listed below. Bidding Contractor Bid Amount 1. National Liner West, Inc. $1,970,749.00 2. Insituform Technologies, Inc. $1,975,348.50 3. Ford Construction Co., Inc.. $2,356,865.00 City Charter 614 requires that Public Works contracts in excess of $25,000 be let to the "lowest responsible bidder." Section 614 further states that: The City Council may reject any and all bids presented and may readvertise at its discretion." On November 6, 2000, a bid protest was filed by Insituform Technologies, Inc. (ITT). A copy of ITT's protest, along with a copy of its attorney's (Leroy M. Gire of the firm of Drummy, King, White, & Gire) supporting letter, is attached as Attachment 2. ITT attacks the bid of the lowest monetary bidder, National Liner West, Inc., on several bases. On November 17, 2000, National Liner West, Inc. replied to ITT's bid protest. A copy of National's response, including the supporting letter of its attorney (Joseph A. Miller of the firm of Monteleone and McCrory) is attached as Attachment 3. The City Attorney's Office has reviewed the bid specifications, the bidders' bids and their attorney's letters previously described. In light of the on -going dispute between the two lowest monetary bidders, the complexity of the issues involved, and with distinct possibility that a lawsuit could be filed against the City by the unsuccessful bidder, the City Attorney's office has advised staff to recommend to the Council that all bids be rejected and that this project be rebid. 01-001 jan 2 Broussard.doc -3- 01/04/01 11:22 AM REQUEST FOR ACTION MEETING DATE: January 16, 2001 DEPARTMENT ID NUMBER: PW 01-001 Time exists for the project to be rebid, and this appears to be the prudent course of action for the City to take. In addition, authority for this recommended action exists in Charter Section 614'. Finally, based upon the information supplied by the bidders and their respective attorney's, a rebid will allow Staff to revise the specifications (specifically Bid Page C11), to resolve the issues that led to ITT's bid protest. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s1: RCA Author: T. BroussarOm x5247 01-001 jan 2 Broussard.doc -4- 01/04/01 11:26 AM ATTACHMENT'#1 HUNTINGTON HARBOUR LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 v Insituform Technologies; Ins November 2, 2000 Worldwide Pipeline 9445 Ann St. Rehabilitation Santa Fe Springs, CA 90670 Robert E. Eichblatt City Engineer City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attention: Todd Broussard Tel: (562) 946-0046 Fax: (562) 944-4906 (800)328-7117 www.insituform.com NOV 6 2000 1 0 DEPT. OF PUBLIC WORKS Re: Request for Bid Award — Huntington Harbour Sewer Lining Project (Cash Contract No. 1161) Dear Mr. Broussard, This letter is to respectfully request the award of the subject contract to Insituform Technologies, Inc. (ITI). We believe that ITI is the lowest responsible bidder. This belief is based on a detailed review of the 3 bids submitted as follows: * Ford Construction $2,356,865.00 * Insituform Technologies $1,975,348.50 * National Liner West $1,970,749.00 Low Bid Difference $ 4,599.50 We believe that the bid documents submitted by National Liner West ("National"), the lowest monetary bidder, are incomplete and do not meet the bid requirements. As such, we believe that National's bid is non -responsive and we hereby protest award of the Contract to National. ITI's Review of the National Liner West Bid The following summaries ITI's findings regarding National's bid. Bid Page C-11 — This mandatory bid page states the following: "ALL ITEMS BELOW MUST BE COMPLETED" "The requested information must be returned with the bid or the bid will be considered non -responsive." Bid Page C-11 -- This page further states and requires bidder to provide: " Copy of letter from the manufacturer stating that: 1. The installer listed above is factory licensed and trained. 2. The factory has been inspected by the Greenbook Committee; including the date, and location of inspection. 3. SDR thickness supplied (minimum thickness SDR 35) 4. Have the ability and will supply the necessary amount of material within the construction time frame." 2. ITI's Review — A review of National's bid and page C-11 established that they: a. Failed to provide the required letter from the manufacturer, except for item 1. b. Failed to state the required date and location of the Greenbook Committee inspection. c. Failed to show or reference the SDR to be supplied on page C-11. d. Failed to state that they have the ability to provide the necessary material within the construction time frame. 3. ITI's Review Conclusions — We believe that National Liner West is non -responsive because they: a. Failed to provide the mandatory letter and information listed above. b. Failed to arrange for Greenbook inspection of their factory as referenced. Insituform Technologies, Inc. requested a legal opinion on this matter from Mr. Lee Gire. Mr. Gire is a partner with the law firm of Drummy King White & Gire. Mr. Gire was selected because of his extensive knowledge of municipal contract law and the Greenbook standard specifications. Mr. Gire believes that the bid submitted by National is incomplete and non -responsive, and therefore should be rejected. In his review, Mr. Gire cites decisions in other cases that he believes are applicable. Attached is a copy of Mr. Gire's opinion. In summary, ITI believes it is the lowest responsive bidder and respectfully asks for the award of contract. For your reference, attached is also a corporate background of our organization. We have appreciated the past opportunity to provide rehabilitation service to the City and would welcome the opportunity to do so in the future. We thank you for your time in reviewing this letter and we would be happy to provide any additional information you require. Sincerely, �1 Z" Alfc nso Lopez Gen ral Manager CC: Lee Gire Tony Henrich NOV. -06' 00 (ylON). 11: -00 DI(W&G TEL:7148504500 P. 00? 4TOPHON C. CRUMMY JOHN P. KING. JR. ALAN I. WHITE CHARLE6 W. PARRET LCRCY M. GIRE MICHAEL 0. JOEROER JEFFR6Y M. RICHARD LISA A. STEPANSKI KENNETH W. CURTIS ALAN A. GREENSERO LAWRENCE M. RUREK JAY T. THOMPSON DOU4LA8 M. STEVENS JOHN O. OTT CATHBRINO A. KRUY WILLIAM R. CUMMINO DRUMMY KING WHITE & GIRE A PR0fpSS1ONAL CORPORATION ATTORNEYS AT LAW 3200 PARK CENTER DRIVE, TENTH FLOOR TELEPH45NO (714) 860.1090 COSTA MESA, CALIFORNIA 62626 FACSIMILE (714) 050-4600 DIRECT ALL MAIL TO: P.O. BOX 5050 IN REPLY 8379.005 COSTA MESA, CALIFORNIA s262a REFER TO WRITGR'S EMAIL: igire@dkwg-law.com VIA FACSIMILE (562) 044-4906 November 6, 2000 Tony Hetuich Manager of Business Development Insituform Technologies, Inc. 9445 Ann Street Santa Fe Springs, CA 90670 Re: Hun n arbotr*Sewer Lin' � • . o-eci.. Contract No. 1161 Dear Mr. Henrich: I have reviewed the proposal of National Liner West ("National") submitted on the referenced project. Enclosed is a copy of page C-I I of that proposal, National did not, as required, submit a letter from the manufacturer with its bid stating the factory has been inspected by the Creenbook Committee and/or that it had the ability and would supply the necessary amount of material within the construction time frame. It is our understanding that this information may have been supplied on November 2, the day after sealed bids were submitted. You have asked for my opinion on the issue of whether the City can legally award the contract to National, The answer is clearly no. The City, by .law, is required to award the contract to the lowest responsive bidder. The bid of National, by law, is nonresponsive. The attached sheet C-I I clearly states: "The requested information must be returned with the bid or the bid will be considered non -responsive" 155111 NOV. -06' 00 0MON) 11: 30 DMV&G TEL:1148504500 P. 003 Tony Henrich Insituform Technologies, Inc. November 6, 2000 Page 2 National failed to submit portions of the requested information with its bid. It submitted those portions the day IfLe the bid. The City's own rules and regulations, as set forth on page C- 11, set forth the consequences of this non-compliance. The bid is non -responsive. Under California law, a public agency, in determining the lowest responsive bidder, is required to follow its own rules and regulations as set forth in its bid documents and a failure to do so is an abuse of discretion. Pozar v. Department of Transportation, (1983) 145 Cal.App.3d 269, 271. r1-S, en-�f. i e A-r z as %. There have been times when bidders that failed to comply with a requirement, which the public agency has clearly stated will render the bid non -responsive, have challenged that requirement contending that the failure to meet the requirement did not make its bid non- responsive, The leading United States case on this issue is Northeast Construction Company v. Romney (1972) 4851F2d 752. As expected, the Court mode the common sense determination that a public agency's statement that failure to comply with a requirement will slake the bid non -responsive is determinative of the issue. National is prohibited by law from curing the non -responsiveness of its bid by submitting the required information post bid for two reasons, The first is that Public Contract Code section 5101 states that no change can be made in a bid after it is submitted, The second is that allowing this post bid change clearly gives National an advantage over the other bidders who complied with the bid requirements. Those bidders were bound by their bids. In contrast, giving National the option of supplementing its bid, would allow it to review the other bids, consider other factors, and then determine (if chosen) to submit the information and obtain the contract or drop out by simply not supplying that information. In conclusion, Insituform is the lowest responsible bidder and entitled to contract award. It should protect that status by protesting an award to National and accompanying that protest with a copy of this letter. Very truly yours, LEROY M. GIRE of DRUMMY KING WHITE & GIRE LMG:slp 155111 ATTACHMENT #3 0 November 17, 2000 National Liner WEST Trenchless Pipeline Reconstruction a division of ZZ LINER, INC. • License No. A-669620 - Mr. Robert E. Eichblatt, City Engineer CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 Attention: Mr. Todd Broussard Re: Huntington Harbour Sewer Lining Project, Cash Contract no. 1161 Re: Reply to Bid Protest by Insituform Technologies, Inc. Dear Mr. Broussard: Tele: 714/536-5431 Fax: 714/374-1573 Please review the letter from Joe Miller of Monteleone & McCrory, LLP, our counsel, which follows this letter of transmittal. We thoroughly agree with Mr. Miller's assessment that our bid for the referenced project was responsive and hope that the City's representatives will ultimately come to the same conclusion. However, if the City should not award the project to National Liner West, a division of ZZ Liner, Inc., then we respectfully request that the project be rebid. Sincerely, National Liner West, a division of ZZ LINER, INC. Chris D. Scarratt President encl. 539 West 140th Street, Gardena, CA 90248 • (310) 329-8717 • Fax (310) 329-0981 NOV-17-00 09:36 FROM:MONTELEONE & MCCRORY ID:213+612+9930 PAGE 2/5 TEPHEN MONTEELEONE MONTELEONE & McCRORy, LLP 5 ORANGE COUNTY OFFICE (1886-IS6Z) LAWYERS 1551 NORTH TUSTIN AVENUE. SUITE'750 A LIMITED LIABILITY PARrNERSMIP SANTA ANA, CALIFORNIA 9Z705.8636 INCLUDINO P9ZprG5SI0NAL CORPORATIONS 7Z5 SOUTH FIGUEROA STREET. SUITE 3750 TELEPHONE (714) 565-3170 LOS ANGELES, CALIFORNIA 90017-5402 TELEPHONE (213) 612-9900 FACSIMILE FACSIMILE (213) E912-9930 (714) 565-3184 November 17, 2000 14112 OUR FILE NUMBER Chris D. Scarratt, President National Liner Shiest, a division of ZZ Liner, Inc. 539 rest 140th Street Gardena, CA 90248 Re: Huntington Harbour Sewer Lining Project; City of Huntington Beach, Cash Contract_No_.__ 1-16-1 Dear Mr. Scarratt: You have asked for our opinion regarding the responsiveness of bids made to the City of Huntington Beach by your company, and by other bidders, for the referenced sewer lining project. We have reviewed the contract documents and the proposals made by the bidders. we have also been apprised of certain facts, stated below. Here, briefly, is our opinion: National was the low bidder; there is no contention it is not a responsible bidder, and the schedule of projects performed clearly indicates its success and experience. The disappointed, second bidder, Insituform Technologies, Inc. protested, asserting National's bid was "non- responsive". It says National did not fully provide material information required by bid form C-11. This is not accurate. Form C-11 does not require National, or any bidder, to write material information on that sheet. To the contrary, it says two things: that a manufacturer's letter must accompany the bid, and contain certain information; and, more importantly, that the "requested information must be returned with the bid." Four pieces of information are sought: ` NOV-17-00 09:36 FROM:MONTELEONE & MCCRORY ID:213+612+9930 PAGE 3/5 LAW OFFICES MONTELEONE & MCCRORT, LLP Mr. Chris Scarratt, November 17, 2000 page 2 1) Installer licensing and training'; National's bid included a manufacturer's letter, from National EnviroTech Group, stating it was factory licensed and trained. 2) SDR thickness: The SDR thickness information was contained on National's design calculations, included with its bid. They are stamped by a professional engineer, and quite clearly show that the minimum thickness (SDR 35) is exceeded. Admittedly, this information is not in a manufacturers letter but, because it is elsewhere in the bid, this minor irregularity does not make the bid non -responsive. See, Menefee v. Co. of Fresno (1985) 163 Ca1.App.3d 1175, 210 Cal.Rptr. 99. As an aside, the Insituform bid is similarly "irregular", since its "manufacturer's letter" states only that it will provide "thickness per Contract Documents" and does not spell out the SDR thickness supplied. But, like National, Insituform includes calculations that contain this data; obviously this cannot be a material defect in either bid. 3) Supply of material in construction time frame: The National EnviroTech letter does not state this, however, it is implicit in the bid of National --- and every other bidder --- that materials will be supplied on time. A bidder, on signing a contract, is required to post a performance bond, guaranteeing, among other things, timely performance. And, the contract contains liquidated damage provisions that will allow the City the chance to recoup any "delay damages" should the tardy delivery of materials impact project completion. And, while it is true that these guarantees are from National Liner, and not its manufacturer, the same is true of the Insituform bid. After all, its installer certification proves that the company bidding and installing the lining is the same one that manufactures the lining material. Thus, there is no material difference between the two bidders when it comes to the guaranty of material delivery: both are, effectively, warranting their own, timely delivery and performance. Besides, the test for whether any variance from the strict letter of the bid form is: 'is the irregularity material such that it gives National an unfair bidding advantage over NOV-17-00 OS:37 FROM:MONTELEONE & McCRORY ID:213+612+SS30 PAGE 4/5 LAW OFFICES MONTELEONE & MCCRORT, LLP Mr. Chris Scarratt, November 17, 2000 page 3 others because it would allow a bidder to later claim mistake and seek to withdraw without forfeiting its bid bond?' Valley Crest LandscgRe. Inc. v.City Council (1996) 41 Cal.App.4th 1432, 49 Cai.Rptr.2d 184- Here, as in Valley Crest, National would not be allowed to use its inconsequential failure to submit a letter stating the obvious as a basis to "back out" of the bid, after seeing the prices. Nor can this oversight affect its price; National cannot claim any extra compensation for complying with contractual time limits. Consequently, the irregularity may be waived. 4) Greenbook Committee Factory Inspection: National did not submit this letter, because none of the factories where its felt or resin are made, or its wet -out takes place, were ever inspected by the Greenbook committee. Notwithstanding, the materials National uses have been accepted by the City of Los Angeles and others, and National has installed over 50,000 lineal feet of CIPP liner, ranging in size from 6" to 60", throughout California. We also are informed that Mr. Walt Shioji, City of Los Angeles Greenbook Committee -Chairperson, recorded only two Greenbook Committee inspections: 1987 in Memphis, TN (Insituform); and 1997 in Houston, TX (Inliner). But, while Insituform's bid form C-11 recites that its "Memphis factory" was inspected in 1987, its "manufacturer's letter" states only that "Insituform land not a particular factory] was reviewed and approved by Greenbook in 1987". The discrepancy may well be significant. We are informed that Insituform makes the felt for its small diameter CIPP liner at Mid -Western Felt (St. Louis, MO), and turns the felt into tubes at Mississippi Textile (Batesville, MS). It is not known if the Memphis facility turns out.felt in the size that is required for this job; nor is it clear from Insituform's "manufacturer's letter" that it intends to make the product destined for this job at the Memphis plant. If not, then Insituform's bid is irregular to the same extent as National's, assuming the Greenbook inspection condition is adjudged material. NOV-17-00 09:37 FROM:MONTELEONE & McCRORY ID:213+612+9930 PAGE 5/5 MONTEL90NE & MCCRORT, LLP Mr. Chris Scarratt, November 17, 2000 page 4 Aside from these concerns, bid form C-11 does not provide any bidder with complete guidance when it comes to the meaning and scope of "factory inspection". Does the inspection refer to felt, resin, wet -out, or all facets of product manufacture and preparation? Absent clarification, it is possible that no bidder may be able to comply with a broad reading of the "factory inspection" provision. But, the requirement may not be material. It appears there have been only 2 factories inspected, yet there has been, conservatively estimated, 250,000 lineal feet of product successfully installed over the last 5 or so years. Thus, it is very clear that Greenbook inspection is not an indicator of a bidder's ability to perform. Further, if it is true that neither Insituform nor National intend to manufacture tubing in one of the factories currently known to be "Greenbook inspected", compliance or non- compliance with this particular aspect of the bid cannot give one or the other a material advantage or afford either a vehicle to back out of the bid. Accordingly, the City could waive the irregularity as immaterial and award the project. In conclusion, it appears the City can award the project to National Liner West. Alternatively, if the City regards the alleged irregularities as material, it should apply the same test to Insituform's bid and declare it equally non- responsive. Very truly yours, EPH A_ MILLER JAM/ RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: REJECT ALL BIDS AND.AUTHORIZE READVERTISEMENTOF BIDS FOR THE HUNTINGTON HARBOUR SEWER LINING PROJECT, CC-1161 COUNCIL MEETING DATE: I - . January 16, 2001 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 Not Applicable. Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) 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 Attached EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION- FOR`RETURN OF ITEM: LEROY M. GIRE ATTORNEY AT LAW Telephone 1301 DOROTHEA ROAD (562) 691-3773 State Bar No. LA HABRA HEIGHTS, CALIFORNIA 90631 Facsimile 34988 (562)691-8338 January 16, 2001 VIA DIRECT DELIVERY :T Connie Brockway, City Clerk -- City of Huntington Beach Civic Center, 2000 Main Street - Huntington Beach, California 92648 Re: January 16, 2001 Council Agenda, Item E-I I n Dear Ms. Brockway: Enclosed please find letters addressed to the Mayor, Mayor Pro Tem and Councilmembers on the above -referenced item. It would be appreciated if you would see to it that they have this letter prior to tonight's City Council meeting. If there are any problems, please call me. Thank you for your cooperation. LMG:cjg Enclosures Very truly y rs, L O M. IRE LATE Co(v1t4&N(CA_PN LEROY M. GIRE ATTORNEY AT LAW Telephone 1301 DOROTHEA ROAD (562) 691-3773 State Bar No. LA HABRA HEIGHTS, CALIFORNIA 90631 Facsimile 34988 (562) 691-8338 January 16, 2001 VIA DIRECT DELIVERY The Honorable Mayor, Pam Julien Houchen The Honorable Mayor Pro Tern Debbie Cook Councilmembers: Ralph Bauer Connie Boardman Shirley Dettloff Peter Green Dave Garofalo City of Huntington Beach Civic Center, 2000 Main Street Huntington Beach, California 92648 Re: January 16, 2001 Council Agenda, Item E-I I Dear Mayor Houchen: I represent Insituform Technologies; Inc. Enclosed is a copy of a January 12, 2001 letter forwarded to the City Attorney. It is respectfully requested that you review this letter and, based on its content, take the alternate action of awarding the contract to Insituform, instead of Staff s recommended action of rejecting all bids and rebidding the project. Very truly G LMG:cjg cc: Robert J. Wheeler, Special Counsel for City of Huntington Beach Enclosure LEROY M. GIRE ATTORNEY AT LAW Telephone 1301 DOROTHEA ROAD (562) 691-3773 State Bar No. LA HABRA HEIGHTS, CALIFORNIA 90631 Facsimile 34988 (562) 691-8338 January 12, 2001 VIA FACSIMILE AND DIRECT MAIL (714) 374-1590 Robert J. Wheeler, Special Counsel Office of the City Attorney City of Huntington Beach 2000 Main Street, 4`h Floor Huntington Beach, California 92648 Re: Insituform Technologies Huntington Harbour Sewer Lining Project Dear Mr. Wheeler: I reviewed the Staff Report you forwarded to me yesterday. The City Attorney did not provide the Counsel with its opinion on the validity of Insituform's protest, nor did it explain why there would be the "distinct possibility" of a lawsuit if the contract is awarded to either Insituform or National Liner. National Liner has admitted that its bid did not contain the required statement that the manufacturer would supply the material in the construction time frame. National Liner simply maintains this is a defect the City can and should waive. Insituform strongly disagrees, based on the specific statement in the bid documents that a bid that does not contain this information is not responsive. Accordingly, there is more than a distinct possibility of a lawsuit if the City awards the contract to National Liner, Insituform would sue to stop the City from proceeding with the contract and in my opinion would prevail. In contrast, the City clearly has the right to reject the National Liner bid, even if National Liner's position that the failure to include the manufacturer's statement is a waivable defect is correct. This is because a City is not required to waive inconsequential deviations from the bid requirements even though it has the power to do so. MCM Construction vs. City & County of San Francisco (1998) 66 Cal.AppAth 359 at 373-5. Accordingly, a decision by the City to exercise its discretion to reject the National Liner bid for failure to include the manufacturer's statement even if National Liner's position that this is a waivable defect is correct and award the contract to Insituform, would eliminate any factual or legal basis for a suit by National Liner to stop the contract. It is respectfully submitted that Staff's proposed alternate action to appoint a hearing officer would be a waste of time and City resources. There is no dispute concerning the facts which authorize an award to Insituform at the January 16 meeting and as pointed out below, that action is clearly in the City's best interests. January 12, 2001 Page Two I submit that it is clearly in the City's best interests to reject the National Liner bid as set forth above and award the contract to Insituform on January 16 for each and all of the following reasons: 1. The City and Insituform should not be put to the time and expense of a rebid because National Liner failed to follow the very clear Bid Instructions to include with the bid the manufacturer's statement, particularly when the Instructions specifically stated that a failure to do so would make the bid nonresponsive. 2. If National Liner had a problem with compliance with the technical specifications, the time to raise these issues was in the weeks between the advertisement for bids and the bid dates, not after the bids are submitted. It is in the best interests of the City to award the contract to Insituform, admittedly a competent and experienced contractor using a proven product at a very competitive bid price, as opposed to incurring significant costs in reviewing the technical specifications and engaging in the rebid process because of National Liner's post bid objections. 3. As stated above, the chances of National Liner suing are very remote because of the right of the City, in its discretion, to reject the National Liner bid, even if the bid defect is, as claimed by National Liner, minor and waivable. In addition, should National Liner sue to block the project, the litigation would be neither lengthy nor costly. The remedy is a Writ of Mandate. The whole matter would be decided in a matter of a few weeks with, at the most, two short court appearances and National would have to name Insituform as a real party in interest. In the remote chance of such a proceeding, the time and expense to the City would be far. less than the time and expense it will incur in rebidding the project and there is no guarantee that there will not be a bid dispute during that process. In addition, an award to Insituform would not, under any circumstance make the City liable for National Liner's loss of anticipated profit on the project, see Kajima vs. MTA, 24 CalAth 305(2000). In conclusion, I respectfully submit that neither the City nor Insituform should be penalized because National Liner, either intentionally or negligently, failed to follow the City's very clear bid instructions. Rejecting all bids, based on the "possibility" of a lawsuit by a bidder who simply failed to follow the rules, sends a very negative message to contractors deciding whether or not to bid on future City projects. Bidding these projects involves a substantial investment of time and money. Contractors expect that this investment will result in a contract award to the lowest responsive bidder and not frustrated by rejection of all bids simply because one bidder, who did not follow the rules, might file a lawsuit. Very truly.yours, LMG:cjg Council/Agency Meeting Held: Deferred/Continued to: tR - Approved ❑ Conditional) pproved ❑ Denied bip- CI CI r ' ignature Council Meeting Date: October 2, 2000 Department ID Number: PW 00-93 c ram. CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS"-1 SUBMITTED BY: RAY SILVER, City Administrator0,v REPARED BY:46BERT F. BEARDSLEY, Director of Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON HARBOUR SEWER LINING PROJECT, CC-1161 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: Should the City Council authorize the Director of Public Works to request bids for the Huntington Harbour Sewer Lining Project, CC-1161? Funding Source: This project will be co -funded through an Environmental Protection Agency (EPA) grant and an Orange County Sanitation District (OCSD) grant. Matching grants in the amount of $950,200 will be received for a total project budget of $1,900,400. Project, `budgeted in EPA/OCSD Grant, Huntington Harbour Slipline, 8838901-82600 $1,900,400. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Huntington Harbour Sewer Lining Project, CC-1161. 2. Approve the attached Sample Contract subject to award of the contract to the lowest - responsive/responsible bidder. Alternative Action(s): Forego approval at this time and direct staff on how to proceed with the project. This action could result in the forfeiture of grant funding in the amount of $1,900,400. REQUEST FOR ACTION MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PW 00-93 Analysis: On March 20, 2000, the City Council authorized staff to apply for funding from the EPA and the OCSD for the lining of approximately 50,000 lineal feet of sewer mains and 2,500 vertical feet of manholes. The City has subsequently been approved to receive this funding. 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 September 20, 2000, the Public Works Commission, by a vote of 5-0-2, approved the staff recommendation to request that City Council authorize the Director of Public Works to request bids for the Huntington Harbour Sewer Lining Project, CC-1161. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): RCA Author: T. Broussard:jm x5247 G:ENG\CCs\RCA re 1161 Bid RCAre116113id.130T -2- 09/21/0010:11 AM ATTACHMENT #1 NOT TO SCA!= HUNTINCTON HARBOUR LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ml o ATTACHMENT #2 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH. AND FOR CONSTRUCTION OF THE HUNTINGTON HARBOUR SEWER LINING PROJECT (CC-1161) [NOTE: The contract documents and statement of work must be approved by the City Attorney prior to incorporation into this agreement] THIS AGREEMENT is made and entered into on this day of 2000, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the Huntington Harbour sewer lining project (CC-1161) in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; 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 furnish, at its own expense, all labor, plant, 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 assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected 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, agree/forms/fed FUN D/08/2 9/00 SAMPLE 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 under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), 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 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 said 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 2000 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, 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; 2 agree/forms/fed FUND/08/29/00 SAMPLE D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. 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 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"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 agreedormsded FUN D/08/29/00 SAMPLE 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 conditions 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 on 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree 4 agree/forms/fedFUND/08/29/00 SAMPLE to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and'the contract 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 the CONTRACTOR by CITY. CITY does not warrant that the work site 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 the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (1006/6) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 5 agree/forms/fedFUND/08/29/00 SAMPLE items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. 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. 11. CALIFORNIA PREVAILING WAGE LAW. 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 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. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY 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. 13. CALIFORNIA EIGHT -HOUR LAW 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 6 agree/forms/fedFUND/08/29/00 SAMPLE 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 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. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY 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. 15. PAYMENT 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. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 17.. 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 7 agree/forms/fedFUND/08/29/00 SAMPLE 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 of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1.776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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. 19. 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 working/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 such delay; it is, therefore, agreed that CONTRACTOR -will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said 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. 8 agree/forms/fed FUND/08/29/00 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 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 nowise 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 the number of days the 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 claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 9 a.-ree/forms/fedFUND/08/29/00 SAMPLE 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) 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. The DPW shall promptly investigate the conditions and if it finds that such conditions to 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; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the 10 agree/forms/fed FUND/08/29/00 SAMPLE 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the 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, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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 the 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 contract price shall not be considered as an acceptance of any part of the work. 11 agree/forms/fed FUN D/08/2 9/00 SAMPLE 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request 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. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering 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. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, 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, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be 12 agree/forms/fed FUND/08/29/00 SAMPLE reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said 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 insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less 13 agree/forms/fedFUND/08/29/00 SAMPLE than $1,000,000. Said policy shall name CITY, its officers, and employees 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 abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. . shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." 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 said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14 agree/forms/fed FUN D/08/2 9/00 SAMPLE A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment -hereunder. 30. 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 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 32. NON -ASSIGNABILITY 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. 15 agree/forms/fed FUN D/08/29/00 SAMPLE 33. 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 California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said 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, regardless of whether or not CITY is named in an action to 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. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 agree/forms/fed FUN D/08/29/00 SAMPLE 37. 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 contract 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. 38. 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 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. 39. DISCRIMINATION, 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. 40. 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). 17 agree/forms/fedFUND/08/29/00 SAMPLE 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. 41. 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 employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. 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 18 agree/forms/fedFUND/08/29/00 SAMPLE 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. 43. 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 contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (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. 19 agree/forms/fedFUND/08/29/00 SAMPLE (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. 44. 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. ). 45. 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. 46. 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 service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 agree/forms/fedFUND/08/29/00 SAMPLE 48. ENTIRETY The foregoing represents the entire Agreement between the parties 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 By: 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 g Jz9 � 1a•a INI IATED AND APPROVED: 21 agree/forms/fedFUND/08/29/00 SAMPLE Director of Public Works SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF THE HUNTINGTON HARBOUR SEWER LINING PROJECT (CC 1161) TABLE OF CONTENTS Pa-ge No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 5 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 32 NON -ASSIGNABILITY 15 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION; MINORITIES, ALIENS. 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND "ANTI -KICKBACK" ACT. 18 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18 43. CLEAN AIR ACT AND FEDERAL WATER -POLLUTION CONTROL ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 48. ENTIRETY 21 5 RCA ROUTING SHEETWL' INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON HARBOUR SEWER LINING PROJECT, CC-1161 COUNCIL MEETING DATE: October 2, 2000 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 Not Applicable 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 Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) 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 FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: NOTICE INVITING The bid must be ac- SEALED BIDS - companied by a certified for the., check, cashier's check, HUNTINGTON or bidder's bond made HARBOUR -SEWER Payable to the AGENCY UNING PROJECT for an amount no less (Only CIPP Lire, than 109b of the amount T A alto bid. The successful bid - PROOF OF PUBLICATION vpe � der Shall be licensed in CASH CONTRACT accordance with No. 1161 In the provisions of the Busi- CiTY OF ness and Professions HUNTINGTON Code and shall possess BEACH a -State Contractor's License Class A the STATE OF CALIFORNIA) PUBLIC NOTICE IS HEREBY GIVEN that time of the bid opening. the CITY OF HUNT- the successful Contras S S • INGTON BEACH, as for and his r uire - AGENCY, invites sealed tractor,possess. well . required ess County of Orange ) bids for the above stated licenses musinthe project and will receive AGENCY. such bids in the office of The. AGENCY re - the City Clerk, Second serves the right to reject Floor, 2000 Main Street, any or all bids, to wave i am a Citizen of the United States and a Huntington Beach, Calf- any irregularittyy and to forma 92648, up to the take all bids under resident of the County aforesaid; I am hour of ay00 PM bon advisement for a Wedne1, 2000. Bids will be maximum period of 60 over the age of eighteen years, -and not a publicly opened in Room da Y B-7, on the Lower Level CITY COUNCIL of the TORDER of the party to or interested in the below of Cty Hall, unless oth- CITY OF HUNTINGTON erwise posted. BEACH, CALIFORNIA, entitled matter. I am a principal clerk of Copies of the Specifi- the 2na day of October 2000. the HUNTINGTON BEACH INDEPENDENT, a oc Office marble Attest: documents are available Attest: newspaper of general circulation rioted rector of Public Works, Connie Brockway CITY CLERK OF THE r p I2000 Main Street, Hunt- CITY OF HUNTINGTON in ton Beach, CA BEACH and published in the City of Huntington 9 upon payment of Published Huntington Beachr State Q f a $25.00 nonrefundable Beach -Fountain Valley , County of Orange, fee f picked up, or pay- Independent October California, and that attached Notice is a meat of a nonrefundablefee if ,z, ts, 2s, 2000 - fee f 102-040 mailed. -- true and complete copy as was printed This a DaviFeder project and the Federal and published in the Huntington Beach Regulations- will be enforced.. -Any contact and Fountain Valley issues of said entered into pursuant. - this -notice willm- newspaper to wit the issue(s) of: corporate d provisions of the Federal.. Labor Standards, which are on fife at no office of the Di- rector of Public Works, October 12, 19, 26, 2000 2n00Q �`aeach CA Street 926a`�a The AGENCY will do - duct a IQ% retention for a" progreas payments. IThe Contractor may f substitute an escrow i holder surety of aqua{ value to the retention in accordance with the I declare under anal ofperjury,that for- � � � �kde Section 4&qO eT Code, P � sacdon 4590: The Con - the foregoing is true and correct, tractor shall be benef" cW owner of the sxwe and shall receive any in- terest thereon. .The AGENCY hereby Executed on October 26 2000 that affirmatively ensuresbusiness Will be af- at Costa Mesa, California. r enterprisesaity to submit bids -in response to this notice and will not be discriminated against on the basis of race, color, .national origin, ancestry, sex, or religion in any - consideration i leading - to ire "award of contract. NO bid shalt be �• "`'---"'eee��... /lA. con- sidered unless it is is prepared. on fete ap- S i gn a t u re droved Proposal forms inconformance with the instructions to Bidders. , uay i 'SEA'�'JZL for -the " r rcial owner of tnfl�surety and, shall receive any , In - HUNTING_ TON terser thereon * s+ :. HARBOUR SEWER The hereby . LINING <PROJECT• - .AGENCY affirmatively ensures I (Only CIPP -Litter ' business that minorityWill- I enterprises be;: at- i- Ty e 'A allowed)) CASH_'CONTRAG`T fcrded full = opportunity to I No.`1161 In the.: submit bids- jn res nse to this notice and-wlll not CITY OF be discriminated against HUNTINGTON on the basis of race, l BEACH :. color : national -'origin; PUBLIC` iNOT,ICE _.ISi sex, or religion HEREBY GIVEN % that I I the,= °CITY OP HUNT-' .ancestry, in_; any .consideration leadnig to the' award of IINGTON.BEACHd-~as contract AGEy6Y, invites sealed. No bid shall be con- 1bids for the above stated: sidered "unless it ^is the • City�Clerk,,Seconb' in conformance'4witrn'the Floor, _2000 Main "Street instructions to Bidders. Hun;ington Beach; Cali - The bid must be ac- fomia=92648, up to the companied by a certified hour rof 3 0-11PfJI! on `check, cashiers check, Wednesday; .November. or bidder's 'bond. made 1 2000.'=Bids' ''willJ be Payable -to theAGENCY Vlicly: oppened in" Room ,for. an. amount -no less 7; on'the- Lower Level 'than 10%'of" the amount of City-:He11•4unlessoth bid The successful bid- Ise'- , t— der shall tie licensed in Copies-of`"the>Spe'cifi accordance °" kith cations;' 'and contract provisions--of'the "Busi-, document`s' ard`-=available; nest and -:�Rrofessio' from the _Otfft of-16b Di- Code and. shall possess rector" of 'Public' Works, a' State Contractor's' -2000. Main Street,. Hunt- License Class A,Iat-the- ington - _Beach; `R-CA. I time- of the'bid opening: 92648,. upon'.payment=of. The suocessfW Coritrac- a '$25.00 -nonrefundable' for and his"subcori- ttra' re. will1be-r uired fee if picked up ` or pey , eq rnent of a_ _ $35�00 toi posses"s ° business nonrefundable fee i� licenses - ,from the° mailed This is "a Davis_Bacon The AGENCY re Protect and tFie Federal serves the light to _reject Regulations will be any or all"bids to waive enforced. Any contact.Irregularity and to entered .into, pursuant to' '18k _ all. _ bids under. this notice _will m advisement for, a corporate the`° -provisions maximum- period -of-�60 of the "Federal La I`, -1 Standards, wfiich are on ORDER of' the file at the,offi8l'66 the Di CITY, COUN - pf.,the rectorof: Public -,Works : CI;T�Y OF HUNTINGTON 2000 Main.. Street, Hunt BEACH CALIFORNIA, ington Beach,; CA 92648- the 2nd: day of October The AGENCY will de `" 2000 duct a-10j/o retention for Attest _� all orocrenavmantas Connie Brockway - . Inde endent HUNTINGTON BEACH roUNTAIN VALLEY • SUNSET BEACH CLIENT REFERENCE #: ' REFERENCE #: /�OZ� oyo DEAR ADVERTISER, ENCLOSED PLEASE FIND A CLIPPING OF YOUR AD FROM THE FIRST PUBLICATION, BEGINNING, /0 " 12- 00 . IF YOU NEED TO MAKE ANY CHANGES OR CORRECTIONS, PLEASE CALL ME AT YOUR EARLIEST CONVENIENCE. THE COST OF THIS PUBLICATION WILL BE $ ✓• �� THANKS FOR YOUR COOPERATION AND PATRONAGE. CEREr- LY U Y O TTING NAGER LEGAL ADVERTISING DEPT. 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX I 14r CITY ADMINISTRATORS REPORT C-2a�' 10/2/00 City Council Meetings Zu� 1. Approval of Orange County Sanitation District Cooperative Projects Program The city has been notified by the Orange County Sanitation District (OCSD) that it will be receiving a total of $1,900,400 in grants from the OCSD and the Environmental Protection Agency (EPA) as part of its Cooperative Projects Program. The funds will be used to line portions of the sewer infrastructure in Huntington Harbour. OCSD is also providing a $200,000 grant to update the Sewer Master Plan and conduct an Inflow and Infiltration Study. This grant will be matched by City funds. C'a_C 2. Advertise for the Huntington Harbour Sewer Lining Project Following City Council action on October 2, 2000, the city will release a call for bids for the lining of approximately 50,000 lineal feel of sewer mains and 2,500 vertical feet of manholes in the Huntington Harbour. This project will extend the life of the aging sewer lines by 40 to 50 years. The total estimated project cost is $ 1,900,400 which is funded through the OCSD Cooperative Projects Program grant described above. 3. Acceptance of Phase I Improvements for the City Wide Energy Retrofit Program IZ% On April 5, 1999, the City Council approved a two-phase energy efficient equipment retrofit program for city facilities with Sempra Energy Solutions. The improvements for Phase I of the project have been completed. Funding 'for Phase II is now available which will provide new retrofit components for 36 structures at 28 locations. The total energy cost savings from both phases of the project has been conservatively estimated at approximately $345,00 annually. Based on this rate of savings, the estimated initial project cost of $2,970,525 will be paid back within nine years, with continued cost savings for the city accruing for many years into the future. C a� 4. Reconstruction of Two Sewer Lift Stations cz- /o% On May 15, 2000, the City Council authorized staff to release a call for bids to rebuild two sewer lift stations near the intersection of Pacific Coast Highway/7t' Street and Brookhurst St./Effingham Drive. The lift stations are approximately 40 years old, and in need of improvement. The project will add capacity to each -70 station, thus increasing the efficiency of operation. Due to site constraints, Station 'A' will be rebuilt inside the existing facility. The Brookhurst station will be an entirely new station next to the existing one. The old station will be abandoned. The total project cost is approximately $2,600,00 'j" op COPIES TO: Front Desk Engineer City Clerk .X HUNTINGTON HARBOUR SEWER n LINING PROJECT NOV. 1, 2000 @ 3:00 PM (Engineer's Estimate: $1,718,940) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. ANDES CONSTRUCTION, INC. $ 2. BNB ENGINEERING, INC. $ 3. CAT CONTRACTING, INC. $ 4. COLICH & SONS $ 5. ELSER CONSTRUCTORS, INC. $ 6. ORD CONSTRUCTION 3 $ 2 356 $65, 60 7 INSITUFORM CORPORATION ,Z $ q-7 S1 A.` I 8. KAY CONSTRUCTION $ 9. MILLER PIPELINE CORP. $ 10. MURPHY INDUSTRIAL COATINGS, INC. $ 11. SANCON TECHNOLOGY $ 12. TECHNO COATING $ 13. Z. Z. LINER, INC. $ I 1-707G1 00 ( 14. $ 15. $ 16. $ G\BID LIST fl,-y or H U N TI GT G N U, lE A IC 11, C A ZU90 NIOV - I p 3-• C, I AON goal V 3 j 10 11 N n H SECTION Ahs NOTICE INVITING SEALED BIDS 'r.r � for the d1°✓)��, ol� lb —a) HUNTINGTON HARBOUR SEWER LINING PROJECT Atli (Only CIPP Liner, Type A allowed) Abby CASH CONTRACT No. 1161 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the'City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 3:00 PM on Wednesday, November 1, 2000, Bids will be publicly open in Room B- 7, on the Lower Level of City Hall, unless otherwise posted. Copies of the Specifications, and, contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the 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 The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2" d day of October, 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2