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Home My WebLink AboutC-3271 - Sewer & Storm Drain Lining ProjectApril 25, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 Mr. Richard Julio Insituform Technologies, Inc. 9445 Ann Street Santa Fe Springs, CA 90670 Subject: Sewer and Storm Drain Lining Project (C -3271) Dear Mr. Julio: On April 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on June 1, 2000. The Surety for the contract is National Fire Insurance Company of Hartford, and the bond number is 929125581. Enclosed is the Faithful Performance Bond. Sincerely, 4kv;, '� �V LaVonne M. Harkless, CMC /AAE City Clerk LH:lib cc: Public Works Department enclosure 33M Newport Boulevard, Newport Beach 0 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 13OND NO. 929125581 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 459.00 , being at the rate of $ 2.70 for first $500,000 thousand of the Contract price. WHFREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Insituform Technologies, Inc., hereinafter designated as the "Principal ", a contract for construction of SEWER AND STORM DRAIN LINING PROJECT, Contract No. 3271 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public W orks Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3271 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW. THEREFORE, we, the Principal, and National Fire Insurance Company of Hartford _, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'). are held and firmly bound unto the City of Newport Beach. in the sum of One hundred seventy thousand and one and 641100 Doitars ($170,001.64), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; 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 heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, 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 Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in taw or equity against Surety to enforce the obligations of this Bond. Surety, for value received, 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 or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal 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 instrument has been duly executed by the PrirlGipal and Surety above named, on the 15 day of November , 1999 Insituform Technologies, Inc. V M I JVW V "V' Name of Contractor (Principal) Auth lzed Signature/Title National Fire Insurance Company of Hartford •Y ka Name of Surety Auth razed Agent Signature P.O. Box 25943. Overland Park, KS Kathleen A. Pe Address of Surety Print Name and 1- 800 -888 -3269 ext. 47753 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Wnis Tbysluse�slpbwl5harndknnlydrpVy 93DMmisc sewer & slorfm drm!n finlnp'.3271V�naacLOw: r9s June 1, 2000 • 11 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 Mr. Richard Julio Insituform Technologies, Inc. 9445 Ann Street Santa Fe Springs, CA 90670 Subject: Sewer and Storm Drain Lining Project (C -3271) To Whom It May Concern: On April 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 27, 2000, Reference No. 20000217984. The Surety for the contract is National Fire Insurance Company of Hartford, and the bond number is 929125581. Enclosed are the Bidders Bond and the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LMH:Iib cc: Public Works Department Michael Sinacori, Project Manager encls. 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 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 men pgrcent of the amount of the bid Dollars (S 10% of bid ). to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SEWER AND STORM DRAIN LINING PROJECT, Contract No. 3271 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 duty enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation sliall become null and void. If the undersigned Principal executing this Bond is executing Ihis Bond as an individuel, it is agreed dial the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 12 day of October , 1999 Insituform Technologies. Inc. Name of Contractor (Principal) Authorized Si turn tle Richajd J,uliACon cling & Attesting Officer Narional Fire Insurance Company of Hartford Name of Surety P.O. Box 25943,Overiand Park, KS Address of Surety 1-800- 888 -3269 w.#7753 Telephone Apent Charles E. LaRoseAttorney- in -&ct Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL -PURPM ACKNOWLEDGMENT •1 State of California County of Orange On October- 12, 1999 before me, K. Mendoza Date Name and TNe of Officer (e.g., 'Jane Doe, Notary Public') Charles E. LaRose personally appeared Name(e) of Signer(s) ®personally known to me ❑ proved to me on the basis of satisfactory evidence OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (� INDIVIDUAL (� CORPORATE OFFICER TITLE(S) (� PARTNER(S) (__) LIMITED (� U GENERAL U U U U ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in his authorized capacities and that by her signature on the instrument the person, or the entity upon behalf of '- COMA 81228874 which the person acted, executed the said instrument. W NOTARY PUBLIC • CALIFORNIA p Q ORANGE COUNTY Ab Ommkobn BON Aug, 19,!M WITNESS my hand and official seal. Sign (I of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (� INDIVIDUAL (� CORPORATE OFFICER TITLE(S) (� PARTNER(S) (__) LIMITED (� U GENERAL U U U U ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTOWY APPOINTING INDIVIDUAL AIRJRNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Grace P. Casis, John C. MaGee III Kathy M. Mendoza, Janice M. Hannah Charles E. LaRosa, Jason T. Lally Individually of Brea, California their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 20th day of August 1 1999 CONTINENTAL CASUALTY COMPANY GASOq�rl 1NSURq,�F `- ,t➢Alb oe,e„ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD (1 ^ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Z �onPUaATE 11.x+ $ JUL / / / /`�� ' �' \ V l /i��iy /_ !)� SEAL '? t .3 /i /// f e97 NAatt • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 20th day of August 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations, 2.•••••••••••••••••••••••••. "OFFICIAL SEAL' DIANE FAULiWER • f �_ E Notary t•1lelle, Bata of Illinois N)tt ConwN111alon balm 8/17/01 � My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 12th day of October 1 1999 . 24f GASU,t(r` *sIlgq - ,rppMr pew �Pp P W F to + urvi SFJ1L zi 1 1ei7 9r nA1r1F • �yP (Rev.1 0/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis Assistant Secretary CALIFORNIA AL URPOSE ACKNOWLEDGMEN� State of California } SS. County of Los Angeles On 10/12/99, Before me, Margarita Molina, Notary Public, personally appeared Richard Julio, ® Personally known tome ❑ Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me the his authorized capacity, and that by his signature on the instrument the person, or the entity Ht�G�Rtura OttNA upon behalf which the person acted, Commission a 1216829 Notary Public California £ executed the instrument. %MYComm.E0resA,pr23.2M3 - Los An es County WITNESS m hand and official seal. Y 1 Y, Place notary seal above S' ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of his form to another document. Description of Attached Document Title or type of Document Document Date: Number of Pages: ----- Signer(S) other Than Named Above: - - - -- Capacity(ies) Claimed by Signer Signer's Name: ..... ❑ Individual ❑ Corporate Officer— title(S): Vice President ❑ Partner --- ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer is Representing: Insituform Technologies PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 BOND NO. 929125581 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, Stale of California, by motion, adopted, has awarded to Insituform Technologies, Inc., hereinafter designated as the "Principal," a contract for construction of SEWER AND STORM DRAIN LINING PROJECT, Contract No. 3271 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3271 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, TI iEREFORE, We the undersigned Principal, and,National Fire insurance Company of Hanford duly authorized to transact business under the laws Of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One hundred seventy thousand and one and 641100'D011ars ($170,001,64), 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 10 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 0) PAGE 15 The Bond shall inure to the benefit of any and all: persons, companies, and corporations entitled to file claims under Section 3181 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 3247 el. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of lime, alterations or additions to the terms of the Cori tract or to the work to be performed thereunder or the specifications accompanying the same 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 instrument has been duly executed by the above named Principal and Surety, on the 15 day of November 7-.19,29, Iasitufonn Technologies, Inc. , Name of Contractor (Principal) 4Autnoriz Signature/Title National Fire Insurance Company of Hartford y Name of Surety Agent Sign ature P.O. Box 25943, Overland Park, KS Address of Surety 1- 800 - 888 -3269 ext. #7753 Telephone Kathleen A. Petchulat, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Missouri County of St. Louis On November 15. 1999 before me, Deborah M. Jennings, Notary Public Dr.TE -a.E. TOLE P 0-11-ER E 6 V -NE DOE, NOUPV PuBUC No SW personally appeared Kathleen A. Petchulat, Attorney -in -fact of National Fire Insurance Company of N�MUSA O- S GNE a(61 11artford 13 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he!she /they executed the same in histher /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. DEBORAH M. JENNINGS milt and otti ial seal. Notary Public - Notary seal State of Missouri City of St. Louis My Commission Exp. 07/131200' 0: Not.P. ZA OPTIONAL Thouoh. the data below: Is not required br law. r may prove valuable to persons relying ors the document and could prevent fraudulent reatlachmenl o' this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER Tr1EE(S) G PARTNER(S) ❑ LIMITED GENERAL L� ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR C OTHER: SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENr1TYUESi National Fire Insurance Company of Hartford DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance & Labor /Materials Bond TITLE OR TYPE OF DOCUMENT 4 page bond NUMBER OF PAGES November 15 . 1999 DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE C4993 NATIONAL NOTARY ASSOCIATION - 6236 Rommel Ave.. P.O. Bm 7184 - Canop Van.. CA 91309.7r9a POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Stephen E. Ricci, Thomas C. Ricci, Jr., Kathleen A. Petchulat, Kathleen M. Hoffard, Individually of St. Louis, Missouri their true and lawful Attorney(s)-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of October 1 1999 C,AS W 2A� 4Ti �Y ca"o"µrt yy Z • 2 ou SEAL f 1891 0=';'6N CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY CCOMPANY OF READING, PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 7th day of October 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. •.•..••••..•IALS •••••••••� c7"- � "OFFiC1AL SEAL" DIANE FAULKNER (� j No" Pu01b. Ste• of INnd• : � VC.�,X MY Cal is Expires 11r17/01 ; My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this _day of /U dv- e/— _JL-,y 1g49 . CONTINENTAL CASUALTY COMPANY 0;w"� Wo`NATIONAL FIRE INSURANCE COMPANY OF HARTFORD &+`rttliro98 >r AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA coop J SEAL • L„� Mary A Ribikawskis Assistant Secretary (Rev.10 /1/97) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Ccunty of Orange Gary Granville Clerk Recorder !11 ?li,l! lP ll'' IITII!!I °ri. L ila' �,I; L`5 „s , 2 r„ 2000 0217 984 69 49p 0�4 RIOPft o.00 o.00 0,00 0.001,..6 .66 ti:otlPO tld g �7yCH "Exempt rom recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Insituform Technologies, Inc. of Santa Fe Springs, California, as Contractor, entered into a Contract on November 9, 9999. Said Contract set forth certain improvements, as follows: Sewer and Storm Drain Lining Project, C -3271 Work on said Contract was completed on February 11, 2000, and was found to be acceptable on April 25, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is National Fire Insurance Company of Hartford. BY (0 0--& 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 c; at Newport Beach, California. BY , fir/( " -�� MzCi -�� NEw City Clerk ko_ 1� ,P rJ � ,cF 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 31,100 Newport Boulevard Newport Beach, CA 92663 E Recorded in Official Record_, E= ou:ity or Orange Gary Granville, Clerk- Recorder I C I !' ! ?!n (n� r[[ i? illi�Ii if ?ii ll!i ?�l:!i l�rlillli iill?il�l�lll�itl'ii NO FCL 200002179E4 00:49 r 0412760 115 12 N12 1 0.00 000 o.00 o.00 0,00 o.00 u.00 o.00 -Exempt from reco in ees pursuant to Government Code Section 6103" - NOTICE OF COMPLETION C NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Insituform Technologies, Inc. of Santa Fe Springs, California, as Contractor, entered into a Contract on November 9, 1999. Said Contract set forth certain improvements, as follows: Sewer and Storm Drain Lining Project, il C -3271 Work on said Contract was completed on February 11, 2000, and was found to be acceptable on April 25, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is National Fire Insurance Company of Hartford. BY (0 /W 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 (� GC c at Newport Beach, California. BY�� >7Vn� ✓Q City Clerk �� TO: Mayor and Members of the City Council FROM: Public Works Department C - 3a9 April 25, 2000 CITY COUNCIL AGENDA ITEM NO. .::6 `:y APR 2 5 k I SUBJECT: SEWER AND STORM DRAIN LINING PROJECT, CONTRACT �NO. 3271 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On November 9, 1999, the City Council authorized the award of Sewer and Storm Drain Lining contract to Insituform Technologies, Inc., of Santa Fe Springs, California. The contract provided for the lining of approximately 1,200 linear feet of 8 -inch sewer at various locations. In addition, the project included lining storm drains in areas where pipe replacement by open excavation was not feasible. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $170,001.64 Actual amount of bid items constructed: 170,001.64 Total amount of change orders: 41,762.14 Final contract cost: $211,763.78 A total of 3 change orders were issued to complete the project. They were as follows: 1. The City Manager approved a change order in the amount of $38,996.00 for rehabilitating a corroded 165 -foot long 18 -inch CMP storm drain by lining the storm drain in a slope easement between two houses at 601 Rockford Road in the Cameo area and 300 feet of sewer lining on Avocado Avenue. SUBJECT: Sewer and Storm Draping Project, Contract No. 3271 - Completion And A&tance April 25, 2000 Page 2 2. A change order in the amount of $6,013.66 provided for extra work on eleven sewer lateral tie -ins on Coast Highway between Seaward Road and Morning Canyon Road. 3. A deductive change order in the amount of ($3,247.52) provided the reduction of bid item quantities not constructed. The addition of the contract change orders resulted in a final overall construction cost increase of 24.6% over the original bid amount. Funds for the project were budgeted in the following accounts: Description Account No. Amount Sewer Main Master Plan Improvements 7531- C5600292 $149,683.28 Storm Drain Improvement Program 7012- C5100008 $ 62,080.50 All work was completed on February 11, 2000, the scheduled completion date. Respectfully su submitted, QWV-- PU WORKS DEPARTMENT Don Webb, Director By: !� Gw Horst Hlawaty, P.E. Construction Engineer Attachment: Location Map F: \Users \PBW\Shared \COUNCIL \Fy99- 00\Apol -25 \Sewer & Storm Drain Lining C- 3271.doc In 4 Mxf.N S1. < � ¢ y�4 um�e s Q 0 ouQ1 T ��O L COSTOAF uo° �✓ CITY .8 MESA �sq ° o��y Po X510( OF IRVINE a° P Af 8 hCiORU Si. 2 Jam. OJECT L CATION ° P UPPER amc" r NEW PDR� -' a1 ITY a U.C.I. sT Dj N av a 'Tye NEW d BEAC P J5 ate° Ty ST;.> ♦ F p SAN R0. \k ST 9 SGIT YARD RESER. MY PEa PAC/F /C OC,�N VICINITY MAP NOT TO SCALE PROJECT LOCATIONS In caEa t a g8 4 b� m SEWER AND STORM DRAIN LINING PROJECT C -3271 4 M � brmr� um�e s caEa t a g8 4 b� m SEWER AND STORM DRAIN LINING PROJECT C -3271 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 P.M. on the 12th day of OCTOBER. 1999 at which time such bids shall be opened and read for SEWER AND STORM DRAIN LINING PROJECT Title of Project Contract No. 3271 $193.028.00 Engineer's Estimate czz-1c- r ved b I /V Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Michael J. Sinacori, Project Manager at (949) 644 -3311. PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashiers check (sum not less than 10% 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. 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. 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, 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. 7. 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. 0 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. 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.' The signature below represents that the above has been reviewed. Contractors License No. & Classification —=,,! 6,�✓ ;rn, Bidder ornized Sign urre itle//� 'a-t -ct U/ ) L0i77r CA V- Date 0 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of 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 following subcontractors 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. 2. 3. 4. 5. 6. 7. 8. 9. Subcontract Work Subcontractor Address lg13 p A�u 54. till lu YJQenc,- I I V r_0 q Z t 10. Bidder �- let .' &,lea PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. SEE PART 5 OF THE SPECIAL PROVISIONS, SECTION 500 - 1.1.2, SUBMITTALS, FOR OTHER BID REQUIREMENTS. 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W 0U) =�gY -�YOT O m o 1-i � m �c o o Li- �mMOm s o ppS pp808001000840 p0O O co S S N c7 C7 � O V L 0 Oi Cl) I m W s c NN _ N 0C4 O'er O r (V OD b IQ O C4 O O aD (V Q t`D ' - V fD W _ O CD V V l9 fO0) - c- c CV N bD N fD c CD m (D m m 00 D m CD &D c c O O p O S C W N 7 Y W N l0 C m a O W m N_ m O Q m m d O � m �. 3 nt W O so r5 mom° 3m 3 3 mmm �° cm� �cr5 can mm U) ��O z ME<E), ��- �� H E0m W •T• c O 7 Qr� W N C m N W j Y m w 4 7 a J QW aF •ymm m CO Om (9 m� �Hm ro p mX 30 W ID W D.O_T rd C C C Ng C E E O T O E D NS C� CL U)F-0U W fD U)(D UCJ�U JDJ W UQ' =:9 (n US a`a 3i0 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of "S Ar+ ) PAGE 6 zcKGrcf cJ'lio being first duly swom, deposes and says that he OF Sh is Gn lzreh,.c r��.� ORtico. of S^/ fv.49 �ci�,P�e /as.we the party making the foregoing ld; that the 1d ire 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 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 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. Bidder Aut.}orized Sigp tur /Title Q �f!+ q_jU /i a Subscribed and swom to before me this L day of nvUiG,V2iU MOUNA WW = # 1216829 S - Collfornio Y lat AWgeles Counter MyCorrM5p 3Aw23.2006 Notary P lic My .Commission Expires: a3 j 070 03 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 PAGE B CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 CONTRACT THIS AGREEMENT, entered into this 8th day of November, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Insituform Technologies, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: SEWER AND STORM DRAIN LINING PROJECT Project Description 3271 Contract No. WHEREAS, 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, City and Contractor agree as follows: A. 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3271, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). 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. B. 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. 0 0 PAGE C. COMPENSATION 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 One hundred seventy thousand and one dollar and 64/100 Dollars ($170,001.64). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS 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 City, in writing, all claims for compensation under or arising out of this Contract. Contractors 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. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Insituform Technologies, Inc. Public Works Department 9445 Ann Street 3300 Newport Boulevard Santa Fe Springs, CA 90670 Newport Beach, CA 92663 Attention: Richard Julio Attention: Michael J. Sinacori (562) 946 -0046 (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • a PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. 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 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. 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. • 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: C} I fY CLERK r• - f�1 f� . FORM: 12 CITY OF NEWPORT BEACH A Municipal 96rporation By: INSiTUFORM 22 and Title f1userslpbwXsharedloontracts1fy 99- 001sewer & storm drain lining o-32711oontract.doc 10/27/99 ACORD CERTIFICA QF LIABILITY ..;: ;, - , , , ; , I -m 0g , C�PID.MH. onie(mMmom :. - - INSS002 11/23/99 _. _ _ _ _ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies /St. Louis HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Cityplace Drive, Suite 160 +H&COVERAGE. AFFORDED BY THE POLICIES BELOW. _ w.�_° i `' CQMPANIES AFFORDING COVERAGE St. Louis MO 63141 r 1 COMPANY Phone NO. 314- 432 -0500 Fax NO. Liberty Mutual Fire Insurance INSURED TMA& 1999 B Liberty Insurance Corp. NF1 INSITUFORM TECHNOLOGIES, INC. � �CiC aAN. HV ` 9445 ANN STREET SANTA FE SPRINGS CA 90670 COMPANY D 09 . >.� .. _: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDY) POLICY EXPIRATION DATE(MMODNY) L)MR$ GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 • X COMMERCIAL GENERAL UABILTIY RG2- 641 - 004218 -039 07/01/99 07/01/00 PRODUCTS- COMPTOP AGG 52,000,000 CLAIMS MADE ❑X OCCUR Blkt Additional Imuced PERSONAL 8 ADV INJURY $ 1,000,000 EACH OCCURRENCE 51,000,000 OWNER'S B CONTRACTOR'S PROT BLKT WAIVER OF SUBRO X AGG PER PROJECT BROAD PORN PD /CONTRACTOAL FIRE DAMAGE (Any one fife) $ 100,000 X XCU MED EXP(Any one person) S 10,000 nDEPENDENT CONTRACTOR • AUTOMOBILE LIABILITY ANY AUTO AS2- 641 - 004218 -029 07/01/99 07/01/00 COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) 5 ALL OWNED AUTOS SCHEDULED AUTOS BLKT ADDITIONAL INSURED BLKT WAIVER OF SUBRO. X BODILY INJURY (Per accident) 5 HIRED AUTOS NON -OWNED AUTOS �� X �; ♦'�� PROPERTY DAMAGE $ GARAGE LIABILITY p �i "4 S ' AUTO ONLY. EA ACCIDENT S OTHER THAN AUTO ONLY. ANY AUTO hF� �] �j +�3 �1 �`') G l EACH ACCIDENT $ fV y AGGREGATE $ EXCESS LIABILITY s' EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM SCJS $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU. OTH I_J TORY LU.11TS I ER " EL EACH ACCIDENT $ 1,000,000 EL DISEASEPOLICY LIMIT 51,000,000 B THE PROPRIETOR/ ]{ INCL PARTNERSIEXECUDVE OFFICERS ARE: EXCL WC7- 641- 004218 -019 BLKT WAIVER OF SUBRO 07/01/99 07/01/00 EL DISEASEEA EMPLOYEE 51 000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLEVSPECIAL ITEMS RE: SEWER 6 STORM DRAIN LINING PROJECT; CONTRACT NO. 3271 X SEPARATION OF INSURED APPLIES UNDER GL. * *SEE ATTACHMENTS ** CERTIFICATE HOLDER... :: .. .. .... ..:: ..::. .. .... CANCELLATION:: .: .. ... ... ....:... .. 9NEWPOI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL CITY OF NEWPORT BEACH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ATTN: MICHAEL J. SINACORI 3300 NEWPORT BLVD. NEWPORT BEACH CA 92658 Slyi( XXX y'�.yyyT�y�yyyy yyy�yyy OFX 1� 0X Vjyyr�- p�p�r�Jyny0p3CN lT**XjX*X*7ty*ES. AGORD 25•S (1/95) IN °U$ED: INSITUFORM TECHNOJ&GIES, INC. CARRTER: LIBERTY MUTUAL F1W INS. CO. POLICY NUMBER: RG2- 641- 004218 -039 COACIAL GENERAL LIABILITY POLICY TERM. 711199 - 7/1/00 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARS:ULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS (if no entry appears above, information required to complete this endorsement will be shown in Me Declarations as applicable to this endorsement) WHO IS AN INSURED (Section Iq is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you CO 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 0 :.1 a : f • II • : I♦ Y 111 :a ;k P; t.la 017�I It is agreed that the following paragraph is added to Amendment L - Blanket Additional Ias red of the General Amendatory Endorsement This Insurance is primary with respect to the Additional Insured. Any other insurance available to that person or organization is excess and noncontributing. This endorsement is executed by the company below designated by an entry in the box opposite its name LIDERNMUTUALASURANtECOMPANY Premium X LMEM MUTUAL ME INSURANCE COMPANY LIBERTY MURANCE CORMRA77ON Effective Date 7/l/99 Expiration Date 7/l/00 LM INSURANCE CORPORAMON THEFA57' LlRFR7Y INSURANCE CORPORATION For attachment toPoHryor Bond No. RG2- 641 - 004218 -039 %rN Audit Basis Issuedto Insituform Technologies, Inc. S [oe 6 Cwntazpod by.___. 102 Issued Sales Office and No. DB 8/24/98 Audvnrad Rcpt utiwe End. Serial No. 2 • ADDITIONAL INSURED • It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property DWnage Liability also applies to the person ororganization named below, as an insured, with respectto the use of the automobile by the named insured or with his permission, but such inclusion of an addi- tional insured shall not operate to increase the limits of the company's liability. Additional Insured Address Any person or organization for whom you are required by written contract to provide insurance. Premium S Effective 0ate 7/1/99 Expiration Date 7/1/00 For attacnmentto Policy No. AS2- 641-004218- 029 This endorsement is executed by the company designated below. LIBERTY MUTUAL FIRE INSURANCE COMPANY Audtt Basis Issued To INSITUF_ORM TECHNOLOGIES. INC_ . Countersigned try .y. ..t.......':.`....... 1...•'S.._.._ Form NoJRACF I.D. Issued 1st Year 96 844A 0 ADDITIONAL INSURED • It is agreed that such insurance as is afforded by the polity for Bodily Injury Liability and for Property Damage Liability also applies to the person or organization named below, as an insured, with respectto the use of the automobile by the named insured or with his permission, but such inclusion of an addi- tional insured shall not operate to increase the limits of the company's liability. Additional Insured Address Any person or organization for whom you are required by written contract to provide insurance. THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS This endorsement is executed by the company designated below Premium$ LIBERTY MUTUAL FIRE INSURANCE COMPANY Effective Date 7/1/99 Expiration Date 7/1/00 For attachmentto Policy No. AS2- 641-004218- 029 Audit Basis Issued To INSITUFORM TECHNOLOGIES. INC. Countersigned by . ` ....... .��. `S.. Form NoIRACF t.0. Issued E37 LOC -6 Sales orrice I Code I Sales Representative I Cade I N/R tstyear End Sena(NO. ST LOUIS 442 HOEFERT M 8723 2 96 0003 844A WORKERS COMPENSATION AND EMPLOYERS UABILI Y RcY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enlbrce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. This endorsement has not been approved and does not apply in the state of Pennsylvania. Schedule ANY PERSON OR ORGANIZATION WHERE REQUIRED BY THE CONTRACT THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS This endorsement is executed by me LIBERTY INSURANCE CORPORATION Premium S Effective sate 7/1/99 Expiration Date 7/1/00 For anacnment to Policy No. WC7- 641 - 004218 -019 Audit Basis Issued To INS ITUFORM TECHNOLOGIES, INC., ETAL ZQNrI�t� 7 6 Countersigned by.,....... L.......!�+.+... Issued Sales Cmce and No. End. Serial No. 88 WC 00 03 13 (Ed. 4-84) Copyngnt 1983 National Council on Compensation Insurance. 0 0 PR1of5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SEWER AND STORM DRAIN LINING PROJECT CONTRACT NO. 3271 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3271 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE SEWER LINING Lump Sum Mobilization, Demobilization, and Cleanup @ Alle AP&5go Dollars and Cents $ 5,000 Lump Sum 2. Lump Sum Traffic Control @ears and A9 Cents $� Lump Sum 0 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE K, 12 Lump Sum Cleaning and Preliminary Inspection of Existing 8 -Inch VCP Sewer Main Including CCTV Inspectio��nj// ` /yy, @r c1�IIollars and yp Cents Lump Sum 1,228 L.F. Install CIPP Lining within Existing 8 -Inch VCP Sewer Main Including Post - Installation CCTV Inspection @ -N tle_ Dollars and yy f� Cents Per Lineal Foot 14 EA. Re- establish Sewer Lateral Service Connections by Remote Cutting Device i -'d @"WokuAW :�1'=7 Dollars and INO Cents $ Per Each 11 EA. Remove Existing Sewer Lateral and Construct New PVC Sewer Lateral and Cleanout Including Trench Resurfacing @Lib Dollars and Cents $ _ Per E ch Aii i 0 P PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE II 0 1 EA. Install 8 -Inch PVC SDR -35 Terminal Cleanout Including Bedding, Backfill, and Trench . Resurfacing i @D ,q�ci �X Dollars and /ti ul' iG✓ Cents Per Each 2 EA. Install 8 -Inch PVC SDR -35 Sewer Pipe "Point Repairs" as. directed by the City, Including Bedding, Backfill and Trench Resurfacing � pid8 `i1/441ei @*0 Aoto4d Dollars and i,_Cents Per Each SEWER LINING TOTAL PRICE IN WRITTEN WORDS ITEMS 1-8 i ' and r X>W Cents $j J� . Price tems 1 -8 (Figures) PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE STORM DRAIN LINING 9. Lump Sum Mobilization, Demobilization and Cleanup @I)je ApmSa ✓j Dollars and Cents $ 5,000 Lump Sum 10. Lump Sum Traffic Control @ ,l to CJ Dollars and jU O Cents $ 5,50 Lump Sum 11. Lump Sum Cleaning and Preliminary Inspection of Existing 21 -Inch RCP Storm Drain Including CCTV Inspection @ Ag Dollars and _4520, �JO Cents $ j�q Lump Sum 12. 135 L.F. Install CIPP Lining within Existing 21 -Inch RCP Storm Drain Including Post - Installation CCTV Inspection r— @2g /{uwa�� Dollars and NO Cents $ 2 `_ , `O Per Lineal Foot 13. 2 EA. Install 21 -Inch RCP Storm Drain "Point Repairs" as directed by the City, Including Bedding, Backfill and Trench Resurfacing @TD AWOJr Dollars and (1%(� Cents $ $ � Per Each • • PR5of5 STORM DRAIN LINING TOTAL PRICE IN WRITTEN WORDS ITEMS 9 -13 i and Cents SEWER AND STORM DRAIN LINING PROJECT TOTAL PRICE IN WRITTEN WORDS A) Z- Date (�Lt,2) 97'-fo -00" i der Telephone Number :M4 // Z± Bidders License No(s)" and Classification(s) and Cents 1"f:JJ $ A OD Pric Items 9 -13 (Figures) Total rice Items 1 -13 (Figures) Bidder's Adihodied S onature and itle 6 4r Bidders Address -souri7- j^e �� j .s/ r A 0 Insituform® Technologies, Inc. OWNERSHIP INFORMATION Insituform Technologies, Inc. is a publicly owned company incorporated in the state of Delaware Officers of Insituform Technologies Inc Name Position Anthony Hooper Chairman, President & CEO William A. Martin Sr. Vice President & CFO Robert L Kelley V. P., General Counsel & Assistant Secretary Carroll W. Slusher Divisional Vice President Lynn Osborn Divisional Vice President Alfonso Lopez Regional Vice President James A. Walters Regional Vice President John Heisler Contracting & Attesting Officer Richard Julio Contracting & Attesting Officer and Responsible Managing Employee (RME) Tony Henrich Contracting & Attesting Officer Jennifer Allen Contracting & Attesting Officer Jay Boatwright Contracting & Attesting Officer MAY. -10' 99(MON) 11:17 1NSITUFORM SW TEL:962 944 4906 FA U2 RECEIVED MAY 1 71999 0 RECElym MAR p 919 INSITUFORM TECIINOLOGIFS, INC. ASSISTANT SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Assistant Secretary of Insitufarm Technologies, Inc., a Delaware corporation (the Corporation) qualified as a foreign corporation to do business, among others, in the States of California, Arizona, and Nevada, and and I am the keeper of the records of the Corporation. I FURTHER CERTIFY that the following is a true and correct excerpt from the by -laws of the Corporation adopted by the Board of Directors of the corporaion at a meeting duly called and held and at which a quorum was present: The officers of the corporation sball be a chain= of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom sball bii elected by the directors. Such other officers and assistant officess-E may be dcemed necessary may be elected by err appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and arresting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe. I FURTHER CERTIFY that the President of the Corporation baa, pursuant to the above authority, appointed (i) Alfonso Lopez and James A. Walters as Regional Vice Presidents of the Corporation, (ii) Carson W. SIusher as Vice President . North&metiea and Lynn Osborn as Divisional Vice President of the Corporation and (iii) John Heisler, Tony Henrich, Rich Julio, Jennifer Allen and Jay Boatwright have each been duly appointed by the President of the Corporation as a Contracting and Attesting Office of the Cotpoiation, and each of the foregoing have been fully authorized by the President of the Corporation "to certify and attest the signature of any Officer of the Corporation and empowered to enter into and bind the Corporation to perform pipeline rehabilitation activities of the corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation" and further each have been granted by the president of the Corporation "fall authority to execute and deliver documents on behalf of the Corporation and to take such other action as is or may be necFssary and appropriate to carry out the projects, activities and work of the Corparadon." r� IN WITNESS WHEREOF, I have hereunto affixed my name as Assistant Secretary, this _`tut day of A4ral 1999 JANET D. FRITZSCHE Notary Public - Notary Seal STATE OF MISSOURI St Louis County My Couunission Ex&es: Aug. 6, 2002 Insitufarm Technologies, Inc. By: Robert L. Iley Vice President, l Counsel & Assistant Secretary Cctnfficetssw3299 trio t a r y Fgmi GSA /57'13 910 (7-00( • • Crlr OF LOS ANGELES ,. A No. 98 -514 -2 _....�.... DEPARTMENT OF GENERAL SERVICES _27- 97...._..__._.._ srANDnitDs Barn -- __.._1 8 -22 -97 2319 DOBRIS PLACE BLPTD . ..._..- ..____.___..___.._...... LOS ANGELES. CA 90011 Mr Robert Ho-ii 423-23' TO. _ _-- City Engineer RECEIVED cc: Mr. Clark W. Robins Mr. Hugh Lee AUG 2 71997 Mr. Walter Shioj i STRUUCTURALL & G OTECORCAL At the request of the Bureau of Engineering, Structural Division and Collection Systems Engineering Division, chemical resistance and physical properties tests were conducted on a set of " Insituform" Pipe Lining System samples. The test specimens were prepared by Insituform Technologies Inc., 1705 Cherokee Blvd., Memphis, TN 38111 and were submitted by Mr. Richard Anthony of Insituform Southwest, 9445 Ann Street, Santa Fe Spring, CA 90670. Project Title : " Insituform" Pipe Lining System Project No. : BDO01341 Source : Insituform Technologies, Inc. Engineers : Hugh Lee / Walter Shioji Material ID : VES319 vinyl ester resin The samples were tested for weight change and physical properties before and after exposure to chemical solutions in accordance with the Standard Specifications for Public Works Construction 1594 Edition, section 210 - 2.3.3. Test results sheets are attached. oQRoFes% y 4 9-o P PAP KIN K SAPIAN, Dir t`O z 1 No.24775 = m General Services /Standard 1 P. 12.31 -97 % qr C! V 1 PKH: KSN: MKL F of CAL%FO/ Lab No.: 98 -514 -2 Page 2 0 0 Chemical Resistance Test of "Insituform: Interplastic VE8319 vinyl ester resin" Pipp Lining System Project Tide: 'Insituform' Lining Material Project No: BD001341 Engineer. Hugh Lee / Walter Shioii Source: Insitufrom Southwest Inc. Date Received: 1 -27 -97 Specification: SSPWC Section 210-2.3.3,1994 Descripdon: Insituform composite weight change coupons (3'x 1'x 6mm) utilizing Interplastic VE8319 vinyl ester resin which incorporates a lamina of polyethylene (0.024') on the flat surfaces and two edges protected by a layer (118' nominal) of epoxy resin (Shell. Epon 9 21 519 2 6 9) SOLUTfO1J ' AESUL/yT�3G. ?' : REQEITf?EbtE{tiflS`, a': �4� . iNE1GHFCFfA... WElF3HTCHANGE� >. tlfrm8xa»um � • ' Days lmmersiore �s M r� `, . r �. z � _ a �.:� �' 712 i,s �r, �� ....". „Jr„(•Y,l.,�, ,:r,>,.� .. Sulfuric Acid, 20% 0.1454 0.1861 0.1757 0.2427 All Solutions and Periods :. fT.S % max Sodium Hydroxide, 5% 0.0594 - 0.0435 - 0.5151 - 0,7293 Ammonium Hydroxide, 5% 0.1916 0.2648 0.2702 0.3989 Nitric Acid, 1% 0.1784 0.2484 0.2522 0.3568 Ferric Chloride, 1916 0.1633 I 0.2382 0.2286 0.3494 Soap, 0.1 % 0.1875 0.2581 0.2482 0.3662 Detergent, 0.1 % 0.1797 0.2456 ' 0.2489 0.3493 BOO, a700ppm 0.1763 0.2302 0.2303 0.3438 Bleach, 1 % 0.1674 0.1607 0.0755 0.1107 Lab No.: 98 -514 -2 Page 3 Chemical Resistance Test Of "Insitufarm: Interplastic VE8319 vinyl ester resin" Mpg Lining %stem Project Tide: ' Insitufoom' Lining Material Project No: BDO01341 Eng6wer. Hugh Lee I Walter Shioji Source: Insitufrom Southwest Inc. Date Received. 1 -27 -97 Specification: SSPWC Section 210- 2.3.3, 1994 Description: Insituform composite coupons (3'x 1'x 6mm) utilizing Interplastic VE8319 vinyl N wY(inc3 f^sa3.�,- Q .fi yk. ° ester resin which incorporates a lamina of polyethylene (0.0241) on the flat surfaces and two edges protected by a layer (1/8' nominal) of epoxy resin (Shell, Epon 9 21 519 2 6 9) SC3Lt1FtDA1 7 HESUL�� =L�Et2l1fA6tlEhtFS Wm x r a ,� t -0 s > =S ✓ .t", t L�'a,e�y .5. ?.n.. d'y °Yd § .Y'y i \ 1 L N wY(inc3 f^sa3.�,- Q .fi yk. ° rash _ Sulfuric Acid, 20% +2 For Information ..:., ' 'Only " , Sodium Hydroxide, 596 +1 Ammonium Hydroxide, 5% +1 Nitric Acid 196 -2 Ferric Chloride, 1 % -1 Soap, 0.1% +1 Detergent, 0.1 % +1 BOO, z 700ppm +2 i Bleach, 1 % +2 Hardness, Share 'D' ASTM D2240 68 Lab No.: 98 -514 -2 Page 4 0 ! Chemical Resistance Test Of "Insituform: Interplastic VE8319 vinyl ester resin" Pipe Uninq-.SMem Project Tide: 'Insituforrn' Lining Material . Project No: 80001341 Fagineer. Hugh Lee I Walter Shioii Source: Insituform Southwest Inc. Date Received- 1 -27 -97 specification: SSPWC Section 210-2.3.3,1994, ASTM D638 Description: Insituform Interplastic VE8319 vinyl ester resin composite dog -bone coupons. �,? r a� ;�, �� ? fi, fS'ttttl£tlUii>" �•. v �Mts�eEaum �-�' . g c t�rY -�xz �� y � �,�? ,�i �. v r'� 3 is � 1 x ?ii. .i ,,, .0 �gyA�riY�r�Y n".� a♦.,•�. �. �,��r . se .� ' c� "'''x^e��yfi .. .J�i%Et�70N �/�< `.p ;k..y. k14/Qtf'S'5��'.[.vv!!^ 3 L %y F � cr. �f3LY.+. Y L F k°�4 .off !^N �QN�.I• $'i2• -' x. .,; x ...,.: ,,.. -..;r. _...,.:.: V< ... _i.'�2:: ,", ,.,.;; < <��'s�.�Fi.az Sulfuric Acid, 20% 6569 2.6 For Information s. Sodium Hydroxide, 5% I 6219 I 2.1 Ammonium Hydroxide, 5% 6465 2.1 Nitric A id, 1 % 6276 2.2 Ferric Chloride, 1 % I 6384 2.0 Soap, 0.1 % 6197 2.2 Detergent, a 1% 6602 1.9 BOD, z700ppm 6212 2.0 Bleach, 1% 6479 1.8 FHl'S1GA1 PHQPEEdTIES i...... L AESf{4TS ".. Initial Tensile Strength, psi 6455 For7nfarmatfon only . Initial Elongation, % 2.3 v Insituform Technologies; Inc March 12, 1999 Worldwide Pipeline Rehabilitation 0 702 Spirit 40 Park Drive Tel: (314) 530.8000 Chesterfield, MO 63005 Fax: (314) 519.8010 www.insituform.com Installer Certification Insituform Technologies, Inc. 9445 Ann St. Santa Fe Springs, CA 90670 To Whom It May Concern: Please be advised that Insituform Technologies ®, Inc., the contracting entity, is also the owner of the Insituform® product and process and therefore does not require any outside party to approve the use of the product or process. If you have any questions, please feel free to contact us directly. Sincerely, INSITUFORM TECHNOLOGIES, INC. STATE OF MISSOURI COUNTY OF ST. LOUIS Robert Kelley Vice President & Ge al Counsel Subscribed and sworn to before _ me on this 12th day of March, 1999 JANET D.FRITZSCHE Notary Public — Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires: Au .g. 6, 2002 CITY OF Na '• November 8,1999 � NOV -- s . '� ¢ CITY COUNCIL AGENDA APPROVED E ITEM NO. 9 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SEWER AND STORM DRAIN LINING PROJECT - AWARD OF CONTRACT NO. 3271 RECOMMENDATIONS: Approve the plans and specifications. 2. Reject the low bid of G. B. Cooke, Inc., as being non - responsive. Award Contract No. 3271 to the second low bidder, Insituform Technologies, Inc., for the Total Bid Price of $170,001.64, and authorize the Mayor and the City Clerk to execute the contract. • 4. Establish an amount of $10,000.00 to cover the cost of unforeseen work. DISCUSSION: At 2:00 P.M. on Thursday, October 14, 1999, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low G.B. Cooke, Inc. $152,500.00 2 Insituform Technologies $170,001.64 ** 3 National Liner West $190,987.00 'Submitted a "Non- Responsive Bid" by proposing incorrect lining materials "Corrected Bid Amount The apparent low bidder, G. B. Cooke, Inc., prepared their bid assuming the use of a polyester resin product for the Cured in Place Liner pipe. The polyester resin does not meet the project specifications and will deteriorate over time. When they were informed of this error, they requested that their bid be withdrawn because they would not be able to complete the project with the specified resins. The other two bidders did prepare their documents with the use of approved resin products. The correctly submitted low bidder, Insituform Technologies, Inc., of Santa Fe • Springs, is 12% below the Engineer's Estimate of $193,000.00. Subject: Sewer and Storm Dining Project — Award of Contract No. 3271 November 8, 1999 Page: 2 Insituform Technologies, Inc. possesses a Limited Specialty Classification C -61 contractor's license as required by the project specifications. They have completed numerous projects of this type for many public and private agencies and are considered experts in the field of trenchless cured in -place pipeline systems. The project provides for the insertion of 1200 feet of lining pipe in various 8 -inch sewers. It also includes the replacement of 14 sewer laterals. A majority of the sewer pipe is on Pacific Coast Highway in Corona del Mar between Seaward and Morning Canyon. The sewer main is in the parkway between the sidewalk and the curb (see attached Location Map Exhibit). In addition, there are 2 other sewer mains to be lined within easement areas. One is off Hazel Drive and the other is off Lochmoor Lane in Big Canyon. The project includes the insertion of 105 feet of pipe lining in a 21 -inch storm drain in a side yard easement on Galaxy Drive that outlets to the Back Bay. Another 30 feet is being lined in a catch basin lateral on Santiago Drive. The pipe liner approach to the rehabilitation of pipelines avoids open excavation and trench work within the streets. These particular sewers and storm drains are within easements and parkways where private improvements make open cut construction impossible. There are sufficient funds available in the following account for the work: Account Description Sewer Main Master Plan Improvements Storm Drain Improvement Program RPLIC ly su1 VW P ORKS DEPARTMENT Don Webb, Director By: MiQ6ael J. Sinacori, P.E. Utilities Engineer Attachment: Location Map Bid Summary Account Number Amount 7531- C5600292 $145,511.64 7012- C5100008 $ 34.490.00 Total: $180,001.64 f. UmrsVbvAshered lmuncKVy99.00lnovember48lsewer & storm drain o-3271Aoc • • • • 0 I- Z Z U W of ma Op LU 3� W W Z LL 3 J U m IL jai w S ley V y N W O a QQX� O J N O m m 6 Z Z s III h OR W F. Z lL CD ^O r35 CaLl a a N N M V O 888888888 588888 $ pp O o s S .Nr o s S S S w 0O 8 S p ? n S n n 3 0 GGGVI N N m �D O� N �O N O� Ilf of N Ilf �O O n P rl O p 0 p 0 p 0 p 0 p 0 p 0 p 0 p 0 sO p p O p O p O mti � p 888IO 8 8N M7 8 0 Z j N N N8Yf m N O p p O p IC pp 0 p 8 8 8 O 8 N O N n Vf O p O 7 1 W N .� N N N N Ill M O Ill �-I Ilf lV P rP,I M CD O O � O € 8s888888appas 588888 8 7 Ill 9 O O Ill N N N N N IA ti N Q S88S8m888888888 O 9 8 O IO 6 N of O R S$SS O Ifl BSSSSs O n O N 8 Ip O Ifl m n m + m Nm m O N s n f N W � 88888 W Z p888888ll O y�j O 8 fN�f N Y1 O y�j O N O W In m n .. N In m In o n LL J Q W a W Q W Q W !3 J W m m m N ti p Z '-c' Z5 YLK o E�� oppe E C! ..NmP -ri-Io a°.I„^'d a N N M V O ti SEWER AND STORM DRAIN LINING PROJECT C-3271 WLR $L. U Q - y ffi pr AK. ONxLE �� Z CITY OF LWSf� taut[ awxx a. t)� z COSTA CITY MESA F q� p0� OF IRVINE 0� ,b } S7. OJECT L CATIO qS QS" UvrER NEWPORT Y ITY s r NEW 0T N A s BEAC F rS� F D Jay l RD. 2 ✓� O i G \ r ° L \: Lw w arc < \ O=>� RDA y � sAr �e PACIFIC OC��N �\ VICINITY MAP NOT TO SCALE PROJECT LOCATIONS rr ti SEWER AND STORM DRAIN LINING PROJECT C-3271 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 6, 1999 G.B. Cooke, Inc. 580 East Foothill Boulevard Azusa, CA 91702 Gentlemen: Thank you for your courtesy in submitting a bid for the Sewer and Storm Drain Lining Project (Contract No. 3271) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 December 6, 1999 National Liner West 225 W. Third Street, Suite E Long Beach, CA 90802 Gentlemen: Thank you for your courtesy in submitting a bid for the Sewer and Storm Drain Lining Project (Contract No. 3271) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach