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HomeMy WebLinkAboutPerformance Pipeline Technologies - 2026-05-19 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE PIPELINE TECHNOLOGIES FOR CLOSED CIRCUIT TELEVISION OF SEWER LINES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and PERFORMANCE PIPELINE TECHNOLOGIES, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of closed circuit television inspection services of sewer lines. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Consultant Agreement with the City of San Buenaventura on or about July 1, 2025, referred to as the "City of Ventura General Services Agreement/City of San Buenaventura and Performance Pipeline Technologies Agreement No. 2025-48". City desires to "piggyback" on the City of San Buenaventura' Contract pursuant to HBMC Section 3.02.190(C)(2), and unless otherwise noted, contained in this Agreement, or in conflict with this Agreement, the Parties wish to be bound by the same terms and conditions as the City of San Buenaventura. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." 25-16823/388931 1 Contractor hereby designates Gene Glassburner, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed Three Hundred Thousand ($300,000) per year for any one year during the term of this Agreement, with a three (3) year aggregate total not to exceed amount of Nine Hundred Thousand Dollars ($900,000). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence s'M'O or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from the Commencement date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 25-16823/388931 2 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 25-16823/388931 3 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, 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 One Million Dollars ($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 than One Million Dollars ($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 than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and 25-16823/388931 4 c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25-16823/388931 5 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: 25-16823/388931 6 To City: Contractor: City of Huntington Beach Performance Pipeline Technologies Attn: Director of Public Works Attn: Gene Glassburner 2000 Main Street 5292 System Drive Huntington Beach, CA 92648 Huntington Beach, CA 92649 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 25-16823/388931 7 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25-16823/388931 8 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25-16823/388931 9 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a PERFORMANCE PIPELINE TECHNOLOGIES municipal corporation of the State of California By: Mayor (j64 _ C h S1‘0 off AJW Print name ITS: (circle one) Chairm reside Vice President ( 1(/1/1e--4-) City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works 25-16823/388931 10 APPROVED AS TO FORM: f`A/sP A.,- City Attorney REVIEWED AND APPROVED: City Man er 25-16823/388931 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16823/388931 12 EXHIBIT A Required: NASSCO PACP, MACP, LACP and ITCP-CIPP certifications ISO certified- or demonstration of similar quality assurance system in place Safety All work conducted by the contractor and its representative shall conform to current applicable California Occupational Safety and Health Administration (CAL-OSHA) laws and regulations. Contractor shall maintain safety certifications and provide city with copies of training records. Contractor must provide Safety Data Sheets (SOS) to the City representative for all anticipated products to be used for the duration of this contract. Contractor must provide that staff has current confined space and hazardous materials training. Contractor must provide Personal Protective Equipment (PPE) to staff as needed for working conditions. Contractor must strive to maintain good public relations at all times. The work must be conducted in a manner, which will cause the least possible interference and annoyance to the public. Work must be performed by competent employees and supervised by an experienced, foreman or supervisor. Accident Reporting Contractor shall immediately notify the City of any accident, regardless of whether or not injury or damage is evident, involving the contractor's staff, vehicles, or equipment while on the work site. Contractor shall take photo documentation of damage and immediately report to appropriate City contact. Contractor shall document any damage that exists before the onset of work. The Contractor shall take photographs of existing damage and report to appropriate City contact prior to commencing any work.Any damage caused as a result of the Contractor's actions shall be the sole responsibility of the Contractor to repair or pay in full for damages. Traffic Control Contractor shall provide and maintain all proper traffic control devices required for the assigned work per the latest edition of the State of California's Manual of Uniform Traffic Control Devices (MUTCD). If a lane closure is necessary, contractor shall notify the appropriate City contact at least seventy- two (72) hours prior to commencement of work.A Traffic Control Plan must be submitted to the City Traffic Engineer forty-eight (48) hours prior to the commencement of the work. If Parking is to be prohibited during work "No Parking" signs shall be posted seventy-two (72) hours prior to work commencing. Qualifications The system proposed (materials, methods, workmanship) must be proven through previous successful installations to an extent and nature satisfactory to the City and the Engineer that is commensurate with the size of the project being proposed. Since CIPP is intended to have a 50- year design life, only products deemed to have this performance will be accepted. For an Installer to be considered Commercially Proven, the Installer must satisfy all insurance, financial, and bonding requirements of the City, and must have at least three years active experience in the commercial installation of the product bid. The Installer's key personnel shall have at least 100,000 linear feet and/or 300-line sections of successful experience (included in this experience shall be a sufficient quantity of installations in the sizes proposed for this project). Cure-in-Place Pipe Materials The tube shall consist of one or more layers of a flexible needled felt or an equivalent nonwoven or woven material, or a combination of nonwoven and woven materials, capable of carrying resin and withstanding the installation pressures and curing temperatures. The tube should be compatible with the resin system to be used on this project. The material should be able to stretch to fit irregular pipe sections and negotiate bends. • The tube should be fabricated to a size that, when installed, will tightly fit the internal circumference and the length of the original conduit. Allowances should be made for the longitudinal and circumferential stretching that occurs during placement of the • The tube shall be uniform in thickness and when subjected to the installation pressures will meet or exceed the designed finish wall thickness. •Any plastic film applied to the tube on what will become the interior wall of the finished CIPP shall be compatible with the resin system used, translucent enough that the resin is clearly visible, and shall be firmly bonded to the felt material. • The tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 feet. Such markings shall also include the lining manufacturer's name or identifying symbol. The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that when properly cured meets the minimum re- quirements given herein or those that are to be utilized in the design of the GIPP for this project. Cure-in-Place Pipe Structural Requirements The design thickness of the liner shall be arrived at using standard engineering methodology. ASTM F1216,Appendix XI, has such an acceptable methodology that may be used where applicable. The long-term flexural modulus to be used in the design shall be verified through testing. The long-term modulus shall not exceed 50% of the short-term value for the resin system unless the tube contains reinforcements. In the event that a re-inforced tube is utilized, the long- term flexural modulus shall be the percentage of the short-term modulus as determined by the above referenced testing. The layers of the finished GIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or such that the knife blade moves freely between the layers. If separation of the layers occurs during testing of the field samples, new samples will be cut from the work. Any reoccurrence may be cause for rejection of the work. The finished GIPP shall fit tightly to the host pipeline at all observable points and shall meet or exceed the minimum thickness established by the design process. The materials properties of the finished GIPP shall meet or exceed the following structural standards: MINIMUM PHYSICAL PROPERTIES Property ASTM Test Polyester Filled Polyester Vinyl Ester Method System System System Flexural D790 4,500psi 4,500psi 5,000psi Strength Flexural D790 250,000psi 400,000psi 300,000psi Modulus (Initial) Flexural D790 125,000psi 200,000psi 150,000psi Modulus (50 Year) Tensile D630 3,000psi 3,000psi 4,000psi Strength Installation The CIPP shall be installed in accordance with the practices given in ASTM F1216 (for direct inversion installations) or ASTM F 1743 (for pulled-in-place installations). The quantity of resin used for the tube's impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances being made for polymerization shrinkage and the anticipated loss of any resin through cracks and irregularities in the original pipe wall.A vacuum impregnation process shall be used in conjunction with a roller system to achieve a uniform distribution of the resin throughout the tube. Contractor is responsible for reinstating all established sewer lateral connections. Temperature gauges shall be placed at the upstream and downstream ends of the reach being lined to monitor the pressurized fluid's (air or water) temperature. In addition to monitoring the temperature inside the tube, temperature gauges shall be placed between the host pipe and the liner at as many points as is practical to record the heating that takes place on the outside of the liner. Curing of the resin system shall be as per the Manufacturer (Licensor) of the CIPP product. The temperatures achieved and the duration of holding the pressurized fluid at those temperatures shall be per the Manufacturer's (Licensor's) established procedures. The Contractor, when required, shall remove all internal debris out of the pipeline that will interfere with the installation of the GIPP. The City shall provide a dumpsite for all debris removed during the cleaning operations. Unless stated otherwise, it is assumed that this site will be at or near the sewage treatment facility to which the debris would have arrived in absence of the cleaning operation. Any hazardous waste encountered during this project will be considered as a changed condition. The Contractor, when required, shall provide for the flow of sewage around the section, or sections, of pipe designated for rehabilitation. The bypass shall be made by plugging the line at the existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the anticipated flow. The City will require a detail of the bypass plan to be submitted. Experienced NASSCO certified personnel trained in locating breaks, obstacles, and service connections by close circuit television shall perform pre-inspection of the pipelines. The interior of the pipeline shall be carefully inspected to determine the location of any conditions that may prevent proper installation of the GIPP into the pipelines, and it shall be noted so that these conditions may be corrected.An electronic copy of the video inspection and inspection report shall be submitted to the City and kept for later reference by the City. It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of GIPP. If pre-installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the installation process, and it cannot be removed by conventional sewer cleaning equipment, then the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Other repair methods may be authorized by the City with submission in writing in lieu of excavation. Such excavation or repair shall be approved in writing by the City's representative prior to the commencement of the work and shall be considered as a separate pay item. The Contractor shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will be temporarily out of service, the maximum amount of time of no service shall be 16 hours for any property served by the sewer. The Contractor shall be required to notify the City and all affected properties whose service laterals will be out of commission and to advise against water usage until the sewer main is back in service. Such notification shall be provided to the Utility Department at least one week prior to service disconnecting. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be offline. The Contractor shall also provide the following: • Written notice to be delivered to each home or business describing the work, schedule, how it affects them, and a local telephone number of the Contractor they can call to discuss the project or any problems that could arise. • Personal contact and attempted written notice the day prior to the beginning of work being conducted on the section relative to the residents affected. • Personal contact with any home or business that cannot be reconnected within the time stated in the written notice. Quality Assurance Procedures The Contractor shall prepare a sample for each installation of CIPP. The samples shall be restrained samples for diameters of CIPP less than 18"; and flat plate samples for diameters of CIPP 18" and larger. The flat plate samples shall be taken directly from the wet-out tube, clamped between flat plates, and cured in the downtube. The restrained samples shall be tested for thickness and initial physical properties; flat plate samples shall be tested for initial physical properties only. In addition to physically sampling the finished CIPP, the Contractor shall perform a post CCTV inspection of the completed work. The television inspection should be used to confirm tightness of the fit of the CIPP to the host pipe and to identify any imperfections. The finished liner shall be continuous over its entire length and be free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. An electronic copy of the video inspection and inspection report shall be submitted to the City and kept for later reference by the City. Chemical Grout Injection Services- Packer Method Contractor is responsible for providing on-call chemical grout injection services and pressure testing of sewer joints. NASSCO certified personnel is responsible for obtaining pre and post CCTV of the inspected and repaired area. Repairs will be made in accordance with NASSCO- PACP standard. This service may be used in conjunction with CIPP lining based upon inspection repair and the City's needs. Clean up of the site or the sewer line is Contractor's responsibility. Technical Specifications: A. All work shall be in compliance with the latest versions of the following: a. ASTM F2304 Standard Practice for Rehabilitation of Sewers using Chemical Grouting b. National Association of Sewer Service Companies (NASSCO): Pipeline Assessment and Certification Program (PACP), TV Inspection form and sewer condition codes B. Work is to be performed on pipeline diameters of 6"-50" C. Materials: a. While being injected the grout must be able to react/perform in the presence of water(groundwater). b. The ability to increase grout mix viscosity c. The cured grout must withstand submergence in water without degradation d. The resultant grout formation must prevent the passage of water (infiltration) through the pipe joint e. Residual grout shall be easily removable from the sewer line to prevent blockage of sewer flow f. Product manufacturers: Avanti AV-100,Avanti AV-118, DeNeef AC-400, DeNeef Gelacryl SR,Avanti AV-160 or equal Closed Circuit Television (CCTV) Inspection Services Sewer sections shall be inspected by means of remote CCTV. If a blockage hampers the inspection of the sewer in one direction, then the Contractor shall attempt to complete the section by televising from the other manhole to complete the section. The Contractor must immediately report the obstruction to the City or designated representative (hereinafter referred to as "Owner"). All CCTV work shall conform to Current NASSCO-PACP standards. CCTV inspections will be delivered entirely in electronic format. A.All PACP Header information shall be completed in accordance with PACP Guidelines. In addition to mandatory Header fields, additional fields are required as noted on the attached Header Field Matrix. B. The documentation of the work shall consist of PACP CCTV Reports, PACP database, logs, electronic reports, etc. noting important features encountered during the inspection. The speed of travel shall be slow enough to inspect each pipe joint, tee connection, structural deterioration, infiltration and inflow sources, and deposits, but should not, at any time, be faster than 30 feet per minute, except as noted otherwise in this document. C. The camera must be centered in the pipe to provide accurate distance measurements to provide locations of features in the sewer and these footage measurements shall be displayed and documented on the video.All PACP Observations shall be identified by audio and on PACP log. All video must be continuously metered from manhole. The pipe should be clean enough to ensure all defects, features and observations are seen and logged. If cleaning is required, see NASSCO Performance Specification Guideline for Sewer Pipe Cleaning. D. Electronic reports must be created utilizing software compatible with the City's current Asset and Maintenance Management System (AMMS) with Lucity Inc., such as GraniteNet. Availability Contractor shall be required to provide availability within 15 days of notification of CIPP needs. The Contractor is required to coordinate all needed efforts to complete the job with the designated City representative. Any delays or modification in schedule must be communicated in writing (e-mail is acceptable) to the designated City representative for approval. Clean Up Contractor shall remove all debris generated as work progresses. The street, parkway, and private property shall be kept clear of debris at all times. It shall be the responsibility of the contractor to dispose of all waste debris generated by the contractor. All debris from operations shall be cleaned up each day before the work crew leaves the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. Storm Water No material generated during work operations is permitted to enter any storm drain. The contractor is required to abide by the City of Ventura Ordinance Chapter 8.600 Storm water Quality Management. Including all applicable Best Management Practices (BMPs) for the duration of the contract. Record Keeping Contractor shall maintain and provide records and/or associated drawings and/or videos of all repairs done to any City system. EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. PERFORMANCE PIPELINE TECHNOLOGIES, INC STATE CONTRACTORS LICENSE # 825824 C-42 Tel: (714) 536 7386 SMALL BUSINESS CERTIFICATION # 2021179 DIR REGISTRATION # 1000561121 BID# 25270 Date: January 8, 2025 To: City of Huntington Beach Attention: Mark Birchfield Project: Sewer Inspection maintenance Owner / Agency: City of Huntington Beach Based on information furnished to PPT, please find below our proposal to CCTV sewer mains as directed by City Staff for a complete Citywide Inspection program over a 3 year period 2025, 2026, and 2027 Our proposal includes: • All Personnel (signatory to the union) to perform a sufficient and safe working environment. • Prevailing wage/ certified payroll if required, Standard insurance coverage up to $2 Million. • CCTV Inspection Truck and operator and laborer NASSCO PACP Video capturing specifications • Traffic control per watch Manuel • External Hard drive with video files, PDF reports and pictures of any defects • Pipe sizes from 6"— 33" in diameter Assumptions / Notes: • Price is based on a minimum call out of 100,000 L.F. • PPT will perform work during day time working hours M — F 7 AM to 5 PM. or 10pm to 6am • Assumes U/S and D/S MH's are accessible • This quotation shall become part of any future Contract, Agreement or Purchase order. No retention held on any service provided by PPT. This proposal excludes: Traffic control plans Any permits that may be required. Pricing: $0.78 Per L.F. Year 2025 $0.82 Per L.F. Year 2026 $0.86 Per L.F. Year 2027 PRICE IS FIRM FOR A PERIOD OF 3 Years FROM RECEIPT. PAYMENT TERMS NET 30 DAYS OR PER CONTRACT Respectfully Submitted, Gene Glassburner Accepted By: Performance Pipeline Tech. Date: it Ai Ill ` 5292System Drive Huntington Beach, CA 92649 www.pptsocal.com je.r-,/ 1 ® DATE(MMIDO/YYYY) ARL CERTIFICATE OF LIABILITY INSURANCE 7/1/2026 5/6/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Locklon Companies,LLC NAMEACT DBA Lockton Insurance Brokers,LLC in CA PHONE FAX CA license il0F15767 1A/C.No.Eel); (A/C.No): EMAIL Three City Place Dr.,Ste.900 ADDRESS: St.Louis MO 63141-7081 INSURER(S)AFFORDING COVERAGE NAIC H _ (314)432-0500 midwestcertificales Iockton.con) INSURER A:XL Insurance America, Inc. 24554 INSURED Performance Pipeline Technologies,Inc. INSURER e:ACE American Insurance Company 22667 1347989 5292 System Dr INSURER c:ACE Fire Undenvriters Insurance Company 20702 Huntington Beach CA 92649 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 21262577 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP MD LTR INS° D POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y N CGD300084910 7/1/2025 7/1/2026 EACH OCCURRENCE s 2,000,000 CLAIMS-MADE }( OCCUR , , DAMAGE TO RENTED ABROAD FORM 1 D/CONTRACTUAL PREMISES(Ea occurrence) $ 1,000,000 X Independt Contractor MED EXP(Anyone person) $ 10,000 X XCU PERSONAL&ADV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JEt° X LOC PRODUCTS-COMP/OP AGG $ 4,000000 OTHER:0 $ B AUTOMOBILE LIABILITY Y N ISAH 11428551 7/1/2025 7/1/2026 COMBINED SINGLE LIMIT $ (Ea accident) 5000000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) S XXXXXXX HIRED ONLY AUTOS $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) _ $ XXXXXXX UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE S XXXXXXX— EXCESS LIAB CLAIMS-MADE AGGREGATE S XXXXXXX __ DEO I RETENTIONS S XXXXXXX WORKERS COMPENSATION X I STATUTE I I ERH B AND EMPLOYERS'LIABILITY N \YLRC7309740A(AOS) 7/1/2025 7/1/2026 C ANY PROPRIETOR/PARTNER/EXECUTIVE YIN SCFC73097447(Wl) 7/1/2025 7/1/2026 E.L.EACH ACCIDENT S 1,000,000 C OFFICER/MEMBER EXCLUDED? Ni N IA (EXCLUDING MONOPOLISTIC (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER.APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are additional incurQNip a Ir). 1Jltyshnd Autonl le Liability on a primary and non-contributory basis where required by written contract executed prior to loss,but only with respec'i to h i s gb tsd(TfadR d Is ed's operations. Bi/__ MICHAEL J. VIGLIOTTA CITY ATTORNEY CITY OF HIINTINGTON BEACH CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21262577 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTAT imp I ©1988- CORD CORPORATI N. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D680367 Certificate ID:21262577 POLICY NUMBER: CGD300084910 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF HUNTINGTON BEACH ITS OFFICERS, VARIOUS AS REQUIRED PER THE WRITTEN ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, CONTRACT AGENTS AND VOLUNTEERS Information required to complete this Schedule, if not shown above,will be shown in the A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following additional organization(s)shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury"or damage"or"personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project(other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s)at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of"your work"out of which the injury 1. The insurance afforded to such additional or damage arises has been put to its intended insured only applies to the extent permitted by use by any person or organization other than law; and another contractor or subcontractor engaged in performing operations for a principal as a part of 2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 Attachment Code: D680367 Certificate ID:21262577 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 Attachment Code:D680367 Certificate ID: 21262577 POLICY NUMBER: CGD300084910 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations CITY OF HUNTINGTON BEACH ITS OFFICERS, VARIOUS AS REQUIRED PER THE WRITTEN ELECTED OR APPOINTED OFFICIALS, EMPLOYEES CONTRACT AGENTS AND VOLUNTEERS Information required to complete this Schedule, if not shown above,will be shown in the A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with If coverage provided to the additional insured is respect to liability for"bodily injury"or"property required by a contract or agreement, the most we damage"caused, in whole or in part, by"your work" will pay on behalf of the additional insured is the at the location designated and described in the amount of insurance: Schedule of this endorsement performed for that additional insured and included in the"products- 1. Required by the contract or agreement; or completed operations hazard". 2.Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Attachment Code: D544796 Certificate ID:21262577 ENDORSEMENT# This endorsement, effective 12:01 a.m., 7/1/2025, forms a part of Policy No. CGD300084910 issued to AZURIA WATER SOLUTIONS, INC. By XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. Attachment Code: D680367 Certificate ID: 21262577 ENDORSEMENT#153 This endorsement, effective 12:01 a.m., November 5, 2025, forms a part of Policy No. CGD300084910 issued to AZURIA WATER SOLUTIONS, INC. by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: CITY OF HUNTINGTON BEACH ITS 30 DAYS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS All other terms and conditions of the Policy remain unchanged. IXI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved.