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HomeMy WebLinkAboutC-9438-1 - Via Lido Sewer Main Lining1/14/26, 1:28 PM Batch 20477890 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE *$ R 0 0 1 5 9 9 8 5 1 0$ 2026000009918 12:16 pm 01/14/26 872 Ex19A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Insituform Technologies, LLC, from Chesterfield, MO, as Contractor, entered into a Contract on 06/24/2025. Said Contract set forth certain improvements, as follows: Vid Lido Sewer Main Lining Contract No. 9438-1 Work on said Contract was completed, and was found to be acceptable on January 13, 2026, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty& Surety Company. n BY % David Webb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on January 14,2026, at Newport Beach, California. BY Lena Shumway, City Cle https://gs.secure-erds.com/Batch/Confirmation/20477890 2/2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Insituform Technologies, LLC, from Chesterfield, MO, as Contractor, entered into a Contract on 06/24/2025. Said Contract set forth certain improvements, as follows: Vid Lido Sewer Main Lining Contract No. 9438-1 Work on said Contract was completed, and was found to be acceptable on January 13, 2026, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty& Surety Company. n BY % David Webb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on January 14,2026, at Newport Beach, California. BY Lena Shumway, City Cle CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 10:00 AM on the 28th day of May , 2025, at which time such bids shall be opened and read for VIA LIDO SEWER MAIN LINING Contract No. 9438-1 $500,000.00 Engineer's Estimate Approved by J James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Contractor License Classification(s) required for this project: "A" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 APPENDIXA.............................................................................................................1 4 City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2r1d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Oft e before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In_situform Technologies, LLC In.accordance with the�Califomia Labor Code (Sections i du .0 ei seq.), the Direcior.of {nstrial 'Relations has ascertained the general prevailing rate of per diem wages, lfiAhe locality in which' lhe woims�to.be performed for,each craft, classification, or type of workman'or mechanic needed o execute & contract.' A copy of said determination is availablelby calling the,prevailing wage hotlir a;number (415) 703-4774i and requesting one from the Department of Industrial Relations All parties to the contract shall be governedby all provisions of:the;:California Labor Code:— including, but not limited to, the. requirement to pay prevailing wage rates (Sections 1770-7981I The Contractorshall be responsible for insuring compliance.witti_'.�:provisions of Seation:1777.5 of the Labor-Code.Apprenticeship requirements and Section 4100 et seq. of the Public Contracts 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 758411,A Contractor's License No. & Classification 1000009689, 6/30/2025 DIR Registration Number & Expiration Date Insituform Technologies, LLC Bidder 5 lz,i� / ZZ Authorized Signat /Title Whittney Schulte, Contracting & Attesting Officer May 28, 2025 Date City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid Dollars ($ 10% of the Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of VIA LIDO SEWER MAIN LINING, Contract No. 9438-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 28th day of _ May 2025. Insituform Technologies, LLC 580 Goddard Avenue, Chesterfield, MO 63005 Name of Contractor (Principal) Autho ed Signature/Title Whittney Sch te, Contracting & Attesting Officer Travelers Casualty and Surety Company of America Name of Surety One Tower Square, Hartford, CT 06183 Address of Surety (860)277-0111 Telephone Aut&Ftz`dJAgent Signature Andrew P. Thome, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) n ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of a+ souri County of St. Louis } ss. On May 28 2025 before me, Andrea McCarthy Notary Public, personally appeared Andrew P. Thome who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true ar�d correct. ANDREA MCCARTHY Notary Public - Notary Seal WITNESS my ha and official seal. STATE OF MISSOURI St. Louis County My Commission Expires: Jul. 30. 2027 () Commission # 15636518 Sign ture �a ccarthy, Notary Public (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of it )*x Missouri County of Saint Louis } ss. On May 28 2025 before me, Ursula J. Youngblood Notary Public, personally appeared Whitlney Schulte, Contracting & Attesting Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. URSULA J. YOUNG81.000 WITNESS my hand and official seal. Not* Public, Notary Seal STATE OF MISSOURI St Charles County �j My Com- rn=pon Eapup Oct 3. 202T �.4 r P. E/1 ULfr1AG' Carnm»swn R tute2tit ' nature Si ' seal g (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 (seal) TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ANDREW P THOME of CHESTERFIELD , Missouri , their true and lawful Attomeys)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021 Tr A ��7W w+fYy ►�po IG u � k Q iCalAlft COWL Ycow SIX ' 4 i1 State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. rPP Ns�. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i 11 NOTARY s My Commission expires the 30th day of June, 2026 * -*+" *3 P'�ule Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 28th day of May , 2025 "'y' TY Ap f�r J�� .O «{ fuaTFCx�, 7 �+iwrWan. gP��*COe�Glf�n i\taeti. } p cowl oi SIX � f Z4� J� Kevin E. Hughes. Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT I nsiYA(&)aTRLPPstik�&all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Insituform Technologies, LLC Bidder W] Authorized Signa re/Title Whittney Schulte, Contracting & Attesting Officer City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formll! Please print or type. Bidder's Name Insituform Technologies, LLC FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. See Special Provisions Section 2-1 Award and Execution for reference requirements to demonstrate experience and ability to complete similar water and wastewater pipeline lining projects for public agencies. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number See Attached Project List Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 2 Project Name/Number See Attached Project List Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number See Attached Project List Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No 11 No. 4 See Attached Project List Project Name/Number Project Description Approximate Construction Dates; From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. We No. 5 Project NamelNumber See Attached Project List Project Description Approximate Construction Dates: From Agency Name To: Contact Person Telephone ( } Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No. 6 Project Name/Number Project Description See Attached Project List Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. E Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Insituform Technologies, LLC Bidder Authorized Signa a itle Whittney Schulte, Contracting & Attesting Officer 13 City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 NON -COLLUSION AFFIDAVIT Missouri State of i Rii ) ) ss. County of Saint Louis ) Whittney Schulte being first duly sworn, deposes and says that he or she is Insituform Technologies, LLC of Insituform Technologies, LLC , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that parry making the foregoing bid; that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 1,4 0 / Insituform Technologies, LLC Bidder Authorized Signa re(Title Whittney SchLflte, Contracting & Attesting Officer Subscribed and sworn to (or affirmed) before me on this_day of May _, 2025 by Whittney Schulte Contracting & Attesting Officer , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. URSUUJ YOUNGBLOOD Notary Public Notary Public - Notary Seat STATE Of WSSOuRt [SEAL] St. Chan" County My Co onmwm sionEapeee` aN1 2027 My Commission Expires: 10/3/2027 14 City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 DESIGNATION OF SURETIES Bidder's name Insituform Technologies, LLC Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Travelers Casualty & Surety Company of America One Tower Square, 13CZ, Hartford, CT 06183 Richard W. DuPont, St Louis Manager (314) 579-8315 Marsh & McClennan 825 Maryville Centre Drive, Suite 200, Chesterfield, MO 63017 Andrea McCarthy, (314) 594-2700 15 City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Insituform Technologies, LLC Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2024 2023 2022 2021 2020 Total 2025 No. of contracts Unavailable 9 13 23 25 31 101 Total dollar Amount of Unavailable $3,76a,963.00 $4,506,797.25 $16,927,504.77 $12,2i9,909.4 $20,379,959.6 $57,790,234.90 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 10 0 No. of lost Workday Cases Unavailable 10 5 18 2 2 37 No. of lost % 4 2 6 2 21 workday cases Unavailable involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Insituform Technologies, LLC Business Address: 580 Goddard Avenue, Chesterfield, MO 63005 Business Tel. No.: 636-530-8000 State Contractor's License No. and Classification: 758411, A Entity Type: Limited Liability Company The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Mdy 28, 2025 Whittney Schulte, ontracting & Attesting Officer Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Insituform Technologies, LLC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature N/A 18 City of Newport Beach VIA LIDO SEWER MAIN LINING Contract No. 9438-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Insituform Technologies, LLC Business Address: 580 Goddard Avenue, Chesterfield, MO 63005 Telephone and Fax Number: 636-530-8000 636-530-8701 California State Contractor's License No, and Class: 758411, A (REQUIRED AT TIME OF AWARD) Original Date Issued:1/26/1999 Expiration Date:7131/2026 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Raul Ruiz, General Superintendent The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Please see attached officer list Corporation organized under the laws of the State of Delaware 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; None in five years Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Insituform Technologies, LLC Bidder Whittney Schulte (Print name of Owner or President of Corporation/Company) Authorized Signa G eJTitle Contracting & Attesting Officer Title May 28, 2025 Date On May 28, 2025 before me, Ursula J. Youngblood , Notary Public, personally appeared Whittney Schulte, Contracting & Attesting Officer , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rrr�rfYr; r (SEAL) Notary Public in: and for said State URSULA J YOUNGBLOOD eal My Commission Expires: 10J3/2027 NOstAre �OF M1SSSOuPi St char" cow'ty My Gommasion Expvta Oct 3. 2027 cormisaim/11418201 21 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State ofdfifoniixa Missouri County of St. Louis On d - Ursula .I. Youngblood, Notary Public 1 ��3; 1..�2�, before me , ere insert name and tit Ic of the o icer personally appeared Whittney Schulte, Contracting & Attesting Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ne subscribed to the wittdn instrument and acknowledged to me that Wshehb)tty executed the same in7ltcis/her/tk& authorized capacity(ies), and that by&s/her/tl t)signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. URSULA J. YOUNGBLOOD Notary Public - Notary Seal WITNESS my ]sand and official seat, STATE OF MISSOURI 1 St Charles County My Commission Expires: Oct. 3, 2027 (Notary Seal) COmmtsstan N 11418291 Signature of Notary Public ADMIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) ('ride or description of attached document continued) Number of Pages Document Date A ntnorrai mfornhation CAPACITY CLAIMED BY ThfE SIGNER Individual (s) Corporate Officer (Title) Partner(s) ❑ Attorney -in -Fact 8 Trustee(s) Other 2008 Version CAPA Y12.10.07 800.8734865 www.NotaryClassc3.com INSTRUCTIONS FOR COMPLETING THIS FORM Any ac/arowledgment emnpleled to California must contain verbiage exactly as appears above in the notary section or a separate acbrowiedgmeur form worst be properly completed and attached to That document 77te only exception is if a donunet Is to be recorded outside ofCalifnrnia. In such in lance, any alternative acbrawiedgmeni verbiage as rimy be printed on such a docruneal so long ar the verbiage does not require the notary to do something that is Illegal for a notary In California (i.e. cerllfying the authorized capacity of the signer). Please check the docuntertt carefidly jar proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signers) peraonally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same data the acknowledgment is completed. • The notary public must print his or her name as It appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document aigner(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. he ishelthoy, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines. If scat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment for. • Signature of the notary public must match the signature on file with the office of the county clerk. .• Additional information is not required but could help to eruure this acknowledgment is not misused or attached to a different document. :• Indicate tine or type of attached document, number ofpagcs and date. :• Indicate the capacity claimed by die signer. If lho claimed capacity is a corporate officer, Indicate the fide (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document S-4067/GE 9/09 XDP VIA LIDO SEWER MAIN LINING CONTRACT NO. 9438-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of June, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company ("Contractor"), whose address is 580 Goddard Avenue, Chesterfield, MO 63005, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of furnishing and installing 520 lineal feet of water cured -in -place pipe within the existing 15-inch VCP sewer pipeline along Via Lido between Newport Boulevard and Via Oporto. The work includes providing and setting up traffic control, providing and running the Sewer bypass system, performing pre and post CCTV inspection, cleaning and inspecting the host pipe, liner installation and curing, removing excess resin, fabric and re- establishing sewer laterals and manhole openings (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9438-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Thirty Three Thousand Four Hundred Thirty Nine Dollars ($333,439.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Adrian M. Padilla to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to Insituform Technologies, LLC Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Whittney Schulte Insituform Technologies, LLC 580 Goddard Avenue Chesterfield, MO 63005 Insituform Technologies, LLC Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Insituform Technologies, LLC Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Insituform Technologies, LLC Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. 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. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Insituform Technologies, LLC Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Insituform Technologies, LLC Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Insituform Technologies, LLC Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Insituform Technologies, LLC Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 4 /1 S CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: AarOn C. Harp Joe Stapleton City Attorney �','ia Mayor s ATTEST: Date: A -- Molly Perry Interim City Clerk CONTRACTOR: INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company Date: By: Whittney Schulte Contracting and Attesting Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Insituform Technologies, LLC Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California mu icipal corporation Date:_ T/% �- % a Date: a I 2 S By: By: o Aar n C. Harp 6 S Joeittaiileton City Attorney .11.61s Mayor ATTEST: ., Date: d '2,,c L� Interim City Cleric CONTRACTOR: INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company Date: By: Whittney Schult Contracting and .Attesting Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Insituform Technologies, LLC Page 10 I EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 108287115 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Insituform Technologies, LLC hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of furnishing and installing 520 lineal feet of water cured -in -place pipe within the existing 15-inch VCP sewer pipeline along Via Lido between Newport Boulevard and Via Oporto. The work includes providing and setting up traffic control, providing and running the Sewer bypass system, performing pre and post CCTV inspection, cleaning and inspecting the host pipe, liner installation and curing, removing excess resin, fabric and re- establishing sewer laterals and manhole openings in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Thirty Three Thousand Four Hundred Thirty Nine Dollars ($333,439.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. insituform Technologies, LLC Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this inst ument has en duly executed by the above named Principal and Surety, on the' day of f , 209 Insituform Technologies, LLC 580 Goddard Avenue, Chesterfield, MO 63005 Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety One Tower Square, Hartford, CT 06183 Address of Surety Authorized Signat /Title Whittney Schulte, Cont cting & Attesting Officer Authorized Agent Signature Andrew P. Thome, Attorney -in -Fact Print Name and Title (860) 277-0111 (Corporate Seal)P"°•S�Rfry Telephone��`y' rN •O APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By. A on C. Harp o City Attorney or NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Insituform Technologies, LLC Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Wfomky Missouri County of Saint Louis } ss. On n) 20 before me, Ursula J. Youngblood , Notary Public,'personally appeared Whittney Schulte who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal . ' MA i -�VIA—MImPy, URSULA J- YOUNGSLOOO Notary Public - No" Sstar STATE OF MISSOURI St.Chtda County My Comm"ion Exp m Oct 3, 2027 Comm at on 0 1141 MI ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ga-kfofn4a (seal) Count of St. kquis Iss. 20 before me, Christina A. Culotta , Notary Public, personally appeared Andrew P. Thome proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CalifQrnr is Shot th going paragraph is true and correct. CHRISTINAA. CULOTTA Notary Public - Notary Seal STATE OF M18SOURI WITNESS my hand and official seal. St. Louis county CA ��� My Commission Expires: Aug. 5, 2027 --- Commission # 19313442 Signature Christina A. Culotta, Notary Public (seal) Insituform Technologies, LLC Page A-3 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 108287115 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to Insituform Technologies, LLC, (hereinafter referred to as the "Contractor") an agreement for the work necessary for the completion of this contract consists of furnishing and installing 520 lineal feet of water cured -in -place pipe within the existing 15-inch VCP sewer pipeline along Via Lido between Newport Boulevard and Via Oporto. The work includes providing and setting up traffic control, providing and running the Sewer bypass system, performing pre and post CCTV inspection, cleaning and inspecting the host pipe, liner installation and curing, removing excess resin, fabric and re-establishing sewer laterals and manhole openings (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Travelers Casualty and Surety Company of America as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Thirty Three Thousand Four Hundred Thirty Nine Dollars ($333,439.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. Insituform Technologies, LLC Page B-1 As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for, value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. Insituform Technologies, LLC Page B-2 1N WITNESS WHEREO his instruy���jnt has been duly executed by the Principal and Surety above named, on the day of,200. Insituform Technologies, LLC 580 Goddard Avenue, Chesterfield, MO 63005 Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety One Tower Square, Hartford, CT 06183 Address of Surety (860) 277-0111 Telephone (Attach Attorney -in -Fact Certificate) Authorized Signatu /Title Whittney Schulte, Contracting & Attesting Officer Attorney -in -Fact Andrew P. Thome, Attorney -in -Fact Print Name and Title ��PNpS...... o (Corporate Seal) ui SEAL i< The rate of premium on this bond i O per thousand. The total amount of premium charges is $^4G, (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: (Name and Address of Surety or Travelers Agent for Service in California) Attn: Surety Claim Dept., ,One Tower Square 2S1A, Hartford, CT 06183 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Zvi r 7_ j By: A on C. Harp City Attorney �C fa - NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Insituform Technologies, LLC Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Oakfowr m Missouri County of Saint Louis } ss. On U p, f �'� n '� 20 before me, Ursula J. Youngblood �l �;r NoWPublic, personally appeared Whittney Schulte who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. URSULAJ. YOUNG811-000 WITNESS my hand and official seal. STATE OF t SOURI � St. cha►tp cou'lly My Commission Exparss, Oct 3, 2027 commmm # t 1141ti4 I Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca er4a County of St. Louis } ss. On (0 `�,Lj 1 ),5 , 20__ before me, Christina A. Culotta Notary Public, personally appeared Andrew P. Thome proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTINAA. CULOTTA Notary Public - Notary Seal STATE OF MISSOURI WITNESS my hand and official seal. St. Louis County My Commission Expires: Aug. 5, 2027 Commission # 19313442 II Signature Christina A. Culotta, Notary Public (seal) Insituform Technologies, LLC Page B-4 Travelers Casualty and Surety Company of America AMk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ANDREW P THOME of CHESTERFIELD , Missouri , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. ���tD su9� v Jp�TY qry@@ .k�' �� W Y + a ; cr HAgTFOR1, C9lSU' CONN. 0 fiAl State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. noTSAr e' My Commission expires the 30th day of June, 2026 �s 3 fit, QQruaLio Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of June 2025 sun G 9,P�TY qp0 mi4,7�N Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Powerof Attorney is attached. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from Insituform Technologies, LLC Page C-1 premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Excess/Umbrella Liability, Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than five million dollars ($5,000,000) per loss and five million dollars ($5,000,000) in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross - liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. Insituform Technologies, LLC Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must Insituform Technologies, LLC Page C-3 be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Insituform Technologies, LLC Page C-4 City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new Insituform Technologies, LLC Page C-5 coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Insituform Technologies, LLC Page C-6 �r AEGION" (Vindtuform- Stronger. Safer. Infrastructure! INSITUFORM TECHNOLOGIES, LLC PRESIDENT APPONTMENT OF CONTRACTING AND ATTESTING OFFICERS 580 Goddard Avenue Chesterfield, MO 63005 Phone: (636)530-8000 Far: (636)898-5078 vmv.aegionxom The undersigned, being the President of Insituform Technologies, LLC, a Delaware Limited Liability Company (the "Company"), and pursuant to the authority set forth in the Limited Liability Company Operating Agreement of the Company, hereby determines that: 1. Christlanda Adkins, Janet Hass, Diane Partridge, Whittney Schulte, Ursula Youngblood and Patrizia Sordillo are appointed as Contracting and Attesting Officers of the Company, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company, to: (i) certify and attest to the signature of any officer of the Company; (ii) enter into and bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company; (iii) execute and to deliver documents on behalf of the Company; and (iv) take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. 2, Any person previously appointed or serving as a Contracting and Attesting Officer of the Company prior to the date hereof and who is not named above is hereby removed from any such appointment. Dated: September 30, 2022 w Burt M. 1 t' President Q E r7 I 0 N. L !nsltuform, Stronger. Safer. Infrastructure' INSUITUFORM TECHNOLOGIES, LLC BOARD OF MANAGERS AND OFFICERS (Current as of May 01, 2023) #' BOARD OF.MANAGERS. Robert Tullman Member, Board of Managers Daniel P. Schoenekase Member, Board of Managers Ali S. Sheikh Member, Board of Managers OFFICERS' Name Office Burt M. Keating President Ali S. Sheikh Executive Vice President & Chief Financial Officer Daniel P. Schoenekase General Counsel & Secretary John L. Heggemann Sr. Vice President Donald E. Hake Sr. Vice President & Treasurer G ONTRA C TING A ND ATTESTING OFFICERS �. Y Christlanda Adkins Janet Hass Patrizia SordilIo Diane Partridge Whittney Schulte Ursula Youngblood Business Address for Board of Managers and Officers: 580 Goddard Avenue Chesterfield, MO 63005 CIPP Experience f A �' AA IIWq c w O I v W Q1 O a w 1O co o 0 i Ul p P n n n O No nD D com coZ N o a Z O o z O m y Z G N o Z C O O CD O v z n n X N z o N Q m P '1'I ID m W rr -n W rr m co p p T a n �1'on➢n➢n V p 0 Q `G n N Ln-a>�'n➢n V O T d k O c• �• m Ln A 0 2 `� r „wN„ vCi p 7 W @ w P G O O n j 7 N o 0 0 lA (D C W O O O CD E N Q C N m O C O m L rnr A X q i 'LS `wG 'O•. N O v�i m ,��. N O !�; O V1 .7+ W u, to N i W W n Z+ G O Z O i W n 7 Z •O -' i j Z in m N D c w = v@ w �Z� '+� twn ➢ 3 � T 3 00 m v C o m n Z!? w < N-o"oi➢00 ZO m=C) yaw n. a) g -0n➢mz0 =2 CL5w � D 0Z0 uSA. n7 DiwA=r wmN➢�z0 mM w v o P S Q 7C L 7 F3 0 v= F 0_ 3 7 0 T n- 3 i 0 - 0 � 7 Off. 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O N J W W O coO N � N N co LU C)D7 V�i A p In O O Q O O O 4 O O O O O \| \ ƒ\ \/ \ \� \ 0 II / � Fol } ) } 0 m-0o>n \/§$> m@i -4 7�2 Kn 0 G E §;(§ a±/\ In �y CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS VIA LIDO SEWER MAIN LINING PROJECT NO. 24S03 CONTRACT NO. 9438-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-5.3 Submittals 2-5.3.3 Shop Drawings 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7 7-1.2 Temporary Utility Services 7 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.1 General 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.5 Sanitary Sewers 8 7-8.5.2 Sewage Bypass and Pumping Plan 8 7-8.6 Water Pollution Control 10 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 11 7-10.5.3 Steel Plate Covers 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 13 PART 3 - CONSTRUCTION METHODS 14 SECTION 300 - EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 PARTS - PIPELINE SYSTEM REHABILITATION 14 SECTION 500 — PIPELINE, MANHOLE, AND STRUCTURE REHABILITATION 14 500-1 PIPELINE REHABILITATION 14 500-1.2 Pipeline Point Repair/Replacement 14 500-1.2.1 General 14 500-1.4 Cured -In -Place Pipe Liner 15 500-1.4.1 General 15 500-1.4.2 Material Composition and Testing 15 500-1.4.4 Chemical Resistance 16 500-1.4.5 Installation 16 500-1.4.6 Curing 17 500-1.4.7 Service Connections and End Seals 17 PART 6 - TEMPORARY TRAFFIC CONTROL 18 SECTION 600 - ACCESS 18 600-1 GENERAL 18 600-2 VEHICULAR ACCESS 18 600-3 PEDESTRIAN ACCESS 18 SECTION 601- WORK AREA TRAFFIC CONTROL 601-1 GENERAL 19 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS VIA LIDO SEWER MAIN LINING PROJECT NO.24S03 CONTRACT NO. 9438-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. S-5316-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/governm ent/departments/pu blic-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 19 At the time of the award and until completion of work, the Contractor shall possess a Class A license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. The Contractor is required to demonstrate their experience and ability to complete similar wastewater cured -in -place pipeline lining projects for public agencies and shall have been engaged in similar cured -in -place pipeline lining projects for public agencies for a period of not less than five (5) years. As part of the Contractor's Technical Ability and Experience References, the Contractor must provide, at a minimum, five reference projects that demonstrate the successful completion of similar projects with 5,000 lineal feet of pipe lining within the public right-of-way. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-5.3 Submittals 2-5.3.3 Shop Drawings Add the following to Table 2-5.3.3 Item Subsection No. Title Subject 7 500-1.4.2 Cured -In -Place -Liner Engineering Calculations 8 500-1.4.2 Cured -In -Place -Liner Field Test Record Transcripts 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of furnishing and installing 520 lineal feet of water cured -in -place pipe within the existing 15-inch VCP sewer pipeline along Via Lido between Newport Boulevard and Via Oporto. The work includes providing and setting up traffic control, providing and running the Sewer bypass system, performing pre and post CCTV inspection, cleaning and inspecting the host pipe, liner installation and curing, removing excess resin, fabric and re-establishing sewer laterals and manhole openings 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: Page SP2of19 a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Psomas and can be contacted at (714) 481-8008. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48-hours in advance of any work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: Page SP3of19 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. 5-1 LOCATION 5-1.1 General SECTION 5 - UTILITIES Page SP 4 of 19 The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Construction anticipated to start in September 2025. Page SP5of19 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start in September 2025. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. For those locations where night work is allowed in order to minimize disruption to the community, the following requirements shall apply: A. Night work hours shall be from 7:00 p.m. to 6:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. B. The Engineer must approve all requests for night work. C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. Potential night work locations include Via Lido between Newport Boulevard and Lafayette Avenue. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) Page SP6of19 11. December 26th thru 30th (City Office Closure) 12. December 31"(New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the Page SP 7 of 19 deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of sewer facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time the contractor desires the shutdown these City facilities. 7-8 WORK SITE MAINTENANCE 7-8.1 General All vandalism, including graffiti, at the work site shall be removed by the Contractor within 24 hours. 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.5 Sanitary Sewers 7-8.5.2 Sewage Bypass and Pumping Plan Page SP8of19 The Contractor shall subcontract Charles King Company to provide a turnkey bypass including remote and onsite monitoring for all sewage flows during sewer related construction operations as required. Charles King Company shall be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, Charles King Company shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass systems and backup bypass systems shall be designed to handle 120% of the peak flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. The preliminary bypass layout plan has been provided in Appendix A. Approval by the City does not in any way relieve Charles King Company of its responsibilities provided for in this section of any public liability for sewage spills under this Contract. Work to be performed by Charles King Company includes the following: • Based on mainline peak flows up to 900GPM • Submittal drawings including engineered calculations • Spill response plan and implementation • Mobilization/Demobilization of all bypass and support equipment • Utilize the preliminary bypass layout plan provided in Appendix A • Supervision, equipment, and materials for complete system • PERP AQMD permits • Fuel and DEF fluid as required for bypass system • Scheduled maintenance to pumping equipment/bypass system • Prevailing wage/certified payroll • 3 technicians available 24/7 to operate pumps during CIPP lining operations • Removal of bypass upon completion of lining • Act as subcontractor and sign standard AGC short form subcontract (or equal) Bypass pumps shall be self -priming, designed, for raw sewage applications, resistant to ragging and capable of passing a minimum 3-inch solid sphere. Pumping system shall be equipped with sound attenuation to limit noise to meet local noise ordinances. In multi -pump applications, back-up pump shall be equal in capacity under same pumping conditions as largest duty pump. Provide pumps capable of pumping over full range of flows for each set-up. Do not shut down bypassing system between shifts, on holidays or weekends, or during work stoppages without written permission from the City. Notify all parties whose service laterals will be out of service, and advise against water usage until main line is back in service. Do not remove bypass without informing the City. During bypass pumping, sewage shall not be leaked, dumped or spilled onto any area outside sewer system. When bypass pumping operations are complete, drain all piping into sanitary sewer prior to disassembly. In the event sewage accidentally drains into storm drainage system or street, immediately stop overflow, notify the City, and take necessary action to clean up and disinfect spillage to the City's satisfaction. If sewage is spilled onto public or private property, wash down, clean up, and disinfect spillage to satisfaction of the City, property owner, and applicable Regional Water Quality Control Page SP9of19 Boards. After Work is completed, remove temporary bypass system. Return surrounding area, including all hardscape and landscape to pre -construction condition. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter the storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by the City and back charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Page SP 10 of 19 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 — Mobilization and Demobilization: Work under this item shall include, but not be limited to, furnishing, setting up, and removing Contractor's operations at the project site, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 — Surveyinq Services, Verification of Utility Locations, and Field Dimensions: Work under this item shall include, but not be limited to, furnishing all labor, tools, equipment and material costs of verification of utility depths, locations, and field dimensions prior to ordering materials and equipment including potholing, field surveys, measurements, surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Page SP 11 of 19 Item No. 3 — BMP Implementation: Work under this item shall include, but not be limited to, furnishing all labor, tools, equipment for compliance with BMP Implementation and Erosion Control/SWPPP requirements of local Regional Water Quality Control Board including establishment of erosion control plan and reporting procedures, placement of erosion control measures, monitoring, reporting, payment of fines due to Contractor's negligence, and any appurtenant Work in accordance with warranty requirements as required by Contract Documents and Erosion Control. Item No. 4 — Traffic Control: Work under this item shall include, but not be limited to, furnishing all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item includes providing two (2) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the traffic control plan contained within the plans, the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 5 — Temporary Sewer Bypass Facilities and Operations: Work under this item shall be performed by Charles King Company as described in section 7-8.5.2 and include, but not be limited to, furnishing all labor, materials and equipment for temporary sewer bypass facilities, sewage spill prevention/bypassing plans, and operations including connections to existing buried or above -ground piping, HDPE piping, valves, concrete coring, pumping facilities, engines, generators, fuel, fencing, protecting and securing temporary equipment, back up equipment, and all appurtenant Work to maintain the City's operations throughout construction in accordance with the preliminary sewer bypass layout plan in Appendix A, traffic control plan contained within the plans, and as required by Contract Documents. Item No. 6 — Pre -Construction Cleaning and CCTV Inspection of Existing Sewer Pipe: Work under this item shall include, but not be limited to, furnishing all labor, materials and equipment of cleaned and inspected pipeline computed from manhole to manhole for each sewer segment inspected, and shall include full compensation for cleaning pipe of roots, grease deposits, calcium deposits, and other obstructions as required to complete the required rehabilitation or repair method for each select pipe. Measurement shall also include completion of CCTV inspection procedures to inspect condition of existing pipe completed per these specifications and that all lateral connections have been located, as required, all labor, tools, equipment, materials, coordination and incidentals for doing all work involved, except as provided otherwise by other items within the bid schedule, and no additional compensation will be allowed therefore. Item No. 7 — Install Trenchless Point Repair or Section Liner (Allowance): Work under this item shall include, but not be limited to, furnishing all labor, materials and equipment for doing all work involved in the installation of trenchless point repair or section liners on the 15-inch sewer pipe at locations found as needed by the Contractor, Page SP12of19 flexible section liner saturated with a liquid thermosetting resin, using an inflatable element and air pressure to cure the point repair in the damaged section of pipe, and other incidental work necessary to install a trenchless point repair or section liner completed in place and any appurtenant work in accordance with these specifications, and as shown on the plans. An allowance of $50,000 is allotted for this bid item. Item No. 8 — CIPP Lining of Existing 15-inch Sewer Pipe: Work under this item shall include, but not be limited to, furnishing all labor, materials and equipment for doing all work involved in the lining of sewer pipe as shown on the plans, installing a pre -liner if neccessary, installing a new water Cured -in -Place Pipe (CIPP) inside the existing sewer pipe, maintenance of sewer service, protecting existing sewer lines and manholes during cleaning, all equipment necessary for heavy-duty mechanical cleaning, debris capture and removal, disposal of debris and fluids, flexible tubing saturated with a liquid thermosetting resin, heated water under pressure, and other incidental work necessary to install CIPP lining completed in place and any appurtenant work in accordance with these specifications, and as shown on the plans. Item No. 9 — Post -Construction CCTV Inspection of Sewer Pipe: Work under this item shall include, but not be limited to, furnishing all labor, materials and equipment for post -construction CCTV inspection computed from manhole to manhole for each sewer segment inspected, and shall include full compensation for completion of CCTV inspection procedures to verify condition of rehabilitated pipe was completed per these specifications and that all lateral connections have been reinstated, as required; all labor, tools, equipment, materials, coordination and incidentals for doing all work involved, except as provided otherwise by other items within the bid schedule, and no additional compensation will be allowed therefore. Item No. 10 — Re-establish Existing Service Laterals and Manholes: Work under this item shall include re-establishing the existing service laterals and manholes by remote -control cutting devise, and all other work items as required to complete the work in place. Item No. 11 — As -Built Drawings: Work under this item also shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for final payment. An amount of $5,000 is established for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page SP 13 of 19 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. PART 5 - PIPELINE SYSTEM REHABILITATION SECTION 500 — PIPELINE, MANHOLE, AND STRUCTURE REHABILITATION 500-1 PIPELINE REHABILITATION 500-1.2 Pipeline Point Repair/Replacement 500-1.2.1 General Page SP 14 of 19 Delete Subsection in total and substitute with the following: "The Contractor shall be responsible for making repairs to the host pipe prior to installing the liner. Final determination for the limits of repair will be made during the pre -lining video. The work shall include at minimum, determing the location of any point repair(s) during the pre -lining video inspection of the pipeline and installation of trenchless point repairs made with an epoxy resin patch. 500-1.4 Cured -In -Place Pipe Liner 500-1.4.1 General Add the following: Contractor or subcontractor performing work of this section shall be licensed by the Manufacturer or be a Manufacturer of CIPP liner product/system. 500-1.4.2 Material Composition and Testing Add the following: Liner shall be smooth, hard, strong, and chemically resistant interior surface closely matching the contours of the host pipe. The liner system shall be designed for a fully deteriorated host pipe using a long-term flexural modulus (EF) of 150,000 psi minimum in accordance with ASTM F 1216, Appendix X1. The contractor shall provide engineering calculations to substantiate basis of design and field tests per record transcript requirements to document lining thickness, initial flexural modulus (El) per ASTM D 790, pipe stiffness per ASTM D 2412, flexural strength, long-term flexural modulus (EF) to account for long-term plastic material "creep" per ASTM D 2990, resin chemical corrosion resistance per ASTM D 5813. The side of the liner exposed to the sewer flow after inversion is completed shall have a later of polyurethane bonded to it, with a minimum thickness of 0.01- inch and shall be pinhole free. All seams and patches in the polyurethane coating shall be inspected under a black light. The tube shall be put under a vacuum at the factory and submerged in a die bath to verify that it is pinhole free. The factory test results for each length of felt tube to be installed shall be submitted to the Engineer before installation. The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point) to be rehabilitated. No joints or laps will be permitted between manholes The factory test results for each batch of resin shall be submitted to the Engineer before installation. One 8-inch-long restrained and cured sample shall be taken from the downstream manhole and checked by the City's inspector using ASTM D 2122- 90 to verify the minimum wall thickness. Page SP 15 of 19 Delete the second paragraph and replace with the following: Testing of the installed CIPP liner is required for this project. The physical properties of the installed CIPP liner shall be verified through field sampling and laboratory testing as approved by the Engineer. An 8-inch long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream downstream and any intermediate manholes in accordance with ASTM F 1216 sections 8.1.1 and 8.1.2. One sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the City's inspector. The sample shall be submitted to a certified laboratory, which has been pre- approved by the Engineer and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of Table 500-1.4.2 (A). Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with 500-1.4.8. Payment for testing shall be considered to be included in the price bid per lineal foot lined and no other compensation will be allowed therefor. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can perform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. 500-1.4.4 Chemical Resistance Add the following: CIPP liner shall meet chemical resistance requirements of ASTM F1216 Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for construction. CIPP samples with and without plastic coating shall meet these chemical testing requirements. The chemical resistance of the resin system shall have been tested by the resin Manufacturer in accordance with ASTM D 5813. Exposure to the chemical solution listed shall result in a loss of no more than 20% of initial physical properties over 1-year test. 500-1.4.5 Installation Add the following: At the time of installation, materials shall be less than 6 months old from the date of manufacture. Employ means and methods that prevent blockage and minimize surcharge of wastewater in upstream manholes and tributary pipelines. Finished liner shall extend full length of original pipe and be continuous and tight fitting throughout the length. Pipe renovation shall result in rigid composite conduit (resin - cured liner/existing pipe) with strength to sustain earth burial load and groundwater pressure. "Lining through" manholes and trimming CIPP liner after curing is required by the City. Wastewater shall continue to flow during installation through the bypass system. The contractor shall be prepared to perform Work during prevailing flow conditions in pipe or to divert wastewater. Installation operations shall not be performed if weather conditions Page SP 16 of 19 are such that anticipated wastewater flows can exceed diversion pumping capacity or depths permitting proper and safe work within pipe. Conduct operations only when wastewater level in pipe is at minimal depth. In event of accidental spill or overflow, immediately stop overflow and take action to clean up and disinfect spillage and notify the City. 500-1.4.6 Curing Add the following: The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure. The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the lining manufacturer's instructions. The Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner. The cured liner shall have a smooth finish inside. Any roughness that may affect the hydraulic conditions shall be removed by sanding or trimming the "fins" or folds. The Contractor may either apply a sealant compatible with the material to areas where sanding has taken place or reline from manhole to manhole as approved by the City. After the cool -down period, the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two inches. If the manhole has been lined through, the top half of liner pipe may be cut off even with the top of the shelf leaving the channel lined and shall not extend above the shelf. 500-1.4.7 Service Connections and End Seals Add the following: Service connections shall be re-established as quickly as possible, not to exceed 24 hours, after completion of each liner pipe installation. When the service connection is re-established, the invert of the service connection shall match the bottom of the reinstated service opening. The service opening shall be reinstated from a minimum of 95 percent to a maximum of 100 percent of the original service connection. The finished liner shall protrude a minimum of 1" (25 mm) and a maximum of 2" (50 mm) into a manhole unless otherwise shown on the Plans or specified in the Special Provisions. Liner material shall be cut smooth and parallel with the manhole wall. The interface between the host pipe and the pipe liner shall be sealed 360 degrees with no annular gaps or visible leakage of groundwater. Apply epoxy resin sealant all around the liner opening (leading edge) for a minimum depth of 1" for a seal. Apply sufficient resin to seal and adhere the abraded liner edge (cut-off edge). Apply beads of accepted Page SP 17 of 19 sealant forming approximately'/2" fillets. Tool sealant to create smooth transition for flow that will not snag debris. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City. The Contractor shall distribute the notices. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require the Contractor to re -notify using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least seventy-two hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Page SP 18 of 19 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access per the provided Traffic Control Plans and in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 5. The Contractor shall provide pedestrian bridges at the crosswalk at Via Oporto to safely cross any obstruction caused by any dewatering system or the sewer bypass system. Page SP 19 of 19 uMaaua wgq'S - SL/W.�10 �P'ma\S133Y�\K¢3a\5:6vi\S]W YM\faZ19¢M3IL'Wa\r mn m W z�gy 91 W �w w ass z O w $ w 10 z e z w �a p w Uo O z �� '8S a R1 � r m a22 �_R2Ess w �E 0 Zo W w �sab�� r __SEE_ 03 Gig Z U OV a 88 8 K w ON F15 W � U Z N M � a a Z �CCL GH W Q U N o Z. 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