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HomeMy WebLinkAboutC-3125 - 30-inch Water Transmission Main Replacement in East Coast Highway�M FORM 107 STOP NOTICE "i C -30-5 LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) TO: , .L/ `-/ , _ (Name owner bFC be 6, Alii �l (Address. If directed to a bank or savin i / I Y €(City, 5 TAKE NOTICE THAT 1 whose address is has performed labor and furnisher or loan assn., use address of branch holding of Me,, person or Arfh claiming t (Address m person or firm claimingstop notice) for a work of improvement described as follows:_ (Name and location of the project where work or materials were use the name ,4,'°!,; :2 , „ e�, The labor and materials furnished by claimant are of the following general kind: (General description of work antl m tnals furnishad) The labor and materials were fufnished to or for the following party: party who ordered Me work or Total value of the whole amount of labor and materials agreed to be furnished is .................. ............................... $� �� /c7f • >� / The value of the labor and materials furnished to date is .......................................................... ............................... $ Claimant has been paid the sum of: $� and there is due, owing, and unpaid the sum of ........................................................................ ............................... $ / % d J % You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funejefor this project which are in your hands. FIRM NAME f- '':�•<!'lO7 /, i f :' t �f' �-7 G— By �; _ GYy'•iZ -G-� /�.�p "f3 i�_ ✓ i "X�- `sue.__ (Name of stop notice claimant — see instruer, fOwner or agent of stop notice claimant must sign here and verily below) VERIFICATION I, the undersigned, say: I am the the claimant named in the ('President of; 'Manager of; °A partner of; "Owner of," etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State, of California that the foregoing is true and correct. Execute�on % =3 , 19 , at /C / yE % -0, C�` � . , California. (Date t�Qaaument was S"redi (Name of day where stop notes signN� Q >- m (Per£onal-96nature of the individual who is swearing Mat the contents of the Stop Notice are free) i REQUEST FOR NOTICE OF ELECTION 0 �!l Wow (PRIVATE WORKS ONLY) Wo (Per California Civil Code Section 3159, 3161 or 3162) X 1`1 L.) >_ If an elution is rr ata�cli not to withhold funds pursuant to this stop notice by reason of a payment bond ha accordance with Sectir ref X56 or 3162, please send notice of such election and a copy of the bond within 30 day enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Section Signed SEE REVERSE SIDE FOR COMPLETE FORM 107 -01993 A BUILDING NEWS cooftudle ❑ Maya �'j Cool�� Member aaena�r °rded in s ion in the sIW or 3162. • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 November 14,1997 Trautwein Construction 14046 Santa Ana Avenue Fontana, CA 92337 (714) 644 -3005 Subject: Contract No. 3125 - 30 -Inch Water Transmission Main Replacement in East Coast Highway On September 22,1997, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on October 9, 1997, Reference No. 19970505920. The Surety for the contract is First National Insurance Company of America, and the bond number is 5800581. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTE Y AND WHEN RECORDED RETURN TO: Recoraea In the county of orange, California Gary L, Granville, Clerk /Recorder 1111111 No Fee City Clerk 19910505920 1116am 10/09/91 City of Newport Beach 005 20012719 20 42 3300 Newport Boulevard N12 1 6.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from 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 Construction as Contractor, entered into a Contract on June 9, 1997 Said Contract set forth certain improvements, as follows: 30- Inch Water Transmission Main Replacement in East Coast Highway Contract No, C -3125 Work on said Contract was completed on August 29. 1997 and was found to be acceptable on September 22, 1997 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is National Insurance 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 /'/ / at Newport Beach, California. >„ BYr City Clerk E E 1 LA A FT ttv'dED, - TO: Mayor and Members of the City Council FROM: Public Works Department September 22, 1997 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: NOTICE OF COMPLETION (CONTRACT NO. 3125) 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY RECOMMENDATIONS. 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the 30 -Inch Water Transmission Main Replacement on East Coast Highway between Promontory Point and Jamboree Road has been completed by Trautwein Construction to the satisfaction of the Public Works Department. The bid price was Amount change orders (3.9 %) Total contract cost $ 220,020.00 $8,600.00 $228,620.00 There was one (1) change order for this project which was for Caltrans Encroachment Permit costs, additional sawcutting extra depth asphalt concrete at Jamboree, and additional time required to weld an existing city valve. Staff recommends acceptance of the work. Respectfully submitted, PbBflc WORKS DEPARTMENT Don Webb. Director By: Mic1hael J. Sinacori, E. Utilities Engineer f: \9 roups \pubworks \98 -counc \sept -22 \coast. do c June 9, 1997 • v:_':ii' CITY COUNCIL AGENDA ITEM NO. is TO: MAYOR AND MEMBERS OF THt CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY CONTRACT NO. 3125 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. C -3125 to Trautwein Construction of Fontana in the amount of $220,020 and authorize the Mayor and the City Clerk to execute the contract. 1 Establish an amount of $22,000 for testing and unforeseen conditions. DISCUSSION: • At 2:15 p.m. on May 27, 1997, the City Clerk opened and read the following bids for this subject project: Bidder Total Bid Price low Trautwein Construction $ 220,020 2 Steve Casada Construction $ 241,870 3 Fleming Engineering $ 260,175 4 Highland Engineering $ 297,745 5 C.P. Construction $ 317,284 6 Doty Brothers Equipment $ 339,290 7 Paulus Engineering $ 346,085 8 Palcon, Inc. $ 364,090 9 Gillespie Construction $ 367,890 The lowest responsible bid was $220,020 and was 10% below the Engineer's Estimate of $ 245,000. The low bidder, Trautwein Construction of Fontana, California, is a qualified general contractor licensed to do business in California. This company has successfully completed similar large diameter pipeline construction projects for other public water agencies and municipalities in Southern California. This firm has a significant amount of experience with similar pipeline construction projects. 101 their checks on their recent projects revealed a number of comments favorable to their ability to perform the work in an efficient manner. The contractor recently performed pipeline work for the San Bernardino Water District, Rubidoux Water District SUBJECT: AWARD OF C&TRUCTION CONTRACT FOR 30 -INCH 0,TER TRANSMISSION MAIN` REPLACEMENT IN EAST COAST HIGHWAY CONTRACT NO. 3125 June 9, 1997 Page 2 is and the Rancho California Water District. These agencies reported that the contractor performed the work on -time and in a neat, workman -like manner. The work to be performed under this contract includes the abandonment of an existing 30 -inch steel water main, construction of 1,500 feet of new 30 -inch water main with City, furnished 30 -inch cement mortar lined and coated steel pipe and connections to existing facilities in East Coast Highway between Promontory Point and Jamboree Road. The pipe to be abandoned is the section of pipe that failed in November, 1996 which is more than 50 years old (see Exhibit "A "). The City purchased the pipe for this project at a cost of $126,000 to ensure that there would not be a delay in obtaining the pipe for the project. The project construction supervision will be performed by the City staff acting as the construction manager. Specialty inspection for the welding of the steel pipe will be required. A welding inspector will be retained. Welding inspection should not exceed a cost of $20,000. The project specifications require the contractor to complete the work within 45 calendar days and the project should be completed by the end of August 1997. . Staff believes the contractor can complete the project satisfactorily and recommends award of the contract to the successful bidder, Trautwein Construction of Fontana, California. The funds needed for completing this project are available in the Water Enterprise Fund under the Corona del Mar Water Main Replacement Account No. 7501- C5500286. Respectfully submitted, WA PUBLIC WORKS DEPARTMENT Don Webb, Director III III I By: LJ Michael 6cori, P.E. Utilities Engineer Attachments: Exhibit "A ": Location Map 0 0 0 • • 0 NEWPORT BACK -�AY o Cl TY OF / NEWPORT BEACH PROJSCT LOCATION Y LOCATION MAP NOT TO SCALE A-;k'AIIA,I;- "W '� NOTICE INVITING BIDS 0 Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:15 Vim, on the 27th day of May 1997, at which time such bids shall be opened and read for: 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY Title of Project C -3125 Contract No. $245,000 Engineer's Estimate c Approved by the Public Works Department this 5th day of May, 1997 04 Don Webb Public Works Director Prospective bidders may obtain a set of contract documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Michael 1. Sinacori at (714) 644 -3011. Project Manager 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY CONTRACT NO. 3125 PROPOSAL 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 and shall perform all work required to complete Contract No. 3125 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: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 1. Lump Sum Mobilization, demobilization and cleanup for the lump sum price of Five thousand Dollars and N Cents L.S. Lump SLun PI -a $ 5.000.00 - SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT S. 2 EA. Furnish and install two -wire test station complete in place for the unit price of One thousand five hundred Dollars and No Cents $1,500.00 $ 3.000.00 per Each 9. Lump Sum Pressure test, disinfect and flush new 30 -inch water main and 12 -inch water main complete in place for the lump sum price of Five thousand Dollars and No Cents L.S. $5,000.00 LLunp Swn 10. Lump Sum Replace traffic loops damaged by construction for the lump sum price of Two thousand Dollars and No Cents L.S. $ 2.000.00 Lump Sum 11. Lump Sum Provide traffic control for the project for the lump sum price of Ten thousand Dollars and No Cents L.S. $ 10.000.00 Lump Sum P1 -d SCHEDULE OF WORK ITEMS ITEM APPROXIMATE NO. QUANTITY DESCRIPTION UNIT PRICE 12. Lump Sum Excavation safety measures including adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb which shall comply with applicable safety orders for the lump sum price of Five thousand Dollars and No Cents Lump Sum L.S. 13. Lump Sum Remove and replace existing curb, gutter, and sidewalk complete in place for the lump sum price of Five thousand Dollars and No Cents L.S. Lump Sum 14. 38,100 S.F. Grind 1 -1/2" AC and place 1 -1/2" final paving cap complete in place for the unit price of TOTAL AMOUNT $ 5.000.00 $5,000.00 One Dollars and Twenty Cents $1.20 $ 45,720.00 per Square Foot P1 -e SCHEDULE OF WORK ITEMS 1] ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 15. Lump Sum* Furnish and install fire hydrant assembly including installing City furnished 6" resilient wedge gate valve complete in place for the lump sum price of Three thousand Dollars and No Cents L.S. $ 3,000.00 Lump Sum 16. Lump Sum* Install City furnished 30" flanged butterfly valve (CL150) including furnishing and installing the buried insulating flange kit complete in place for the lump sum price of Two thousand five hundred Dollars and No Cents L.S. $ 2,500.00 Lump Sum 17. 3500 CY Grade existing slope along East Coast Highway as shown on the Plans complete in place for the unit price of Dollars and Cents $ 2.00 $ 7,000.00 per Cubic Yard *6 resilient wedge gate and 30" butterfly valves have been purchased by the City of Newport Beach. Pi-f 0 11 18. Lump Sum Furnish and install 3 -foot wide parkway culvert Type "B" and concrete swale complete in place for the lump sum price of Two thousand five hundred Dollars and No Cents Lump Sum 19. 12 EA. Pothole utility called for on the Plans complete in place for the unit price of Five hundred Dollars and No Cents per Each L.S. $ 2,500.00 $ 500.00 $ 6,000.00 20. Lump Sum Protect in place or replace in kind existing landscaping and stamped concrete complete in place for the lump sum price of Two thousand Dollars and No Cents L.S. $2,000.00 Lump Stun 21. Lump Sum Abandon in place existing 30 -inch water main and 6 -inch fire hydrant lateral complete in place for the lump sum price of Ten thousand Dollars and No Cents L.S. $1.0,000.00 Lump Swn PI-g Ll 0 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT TOTAL PRICE IN WRITTEN WORDS (Bid Items 1 -2 "1) Two hundred twenty thousand twenty Dollars and No Cents Total Price $ 220,020.00 I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name Trautwein Construction Bidder's Address 14046 Santa Ana Avenue Bidder's Telephone Number (909) 829 -8258 Fax (909) 829 -8278 Contractor's License No. & Classification 605199 A, C -34 October 31, 1998 Expiration Date May 27, 1997 S /MARK TRAUTWEIN, Owner _ Date Authorized Signature & Title P1 -h INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accord with the "NOTICE INVITING BIDS ". 1.PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 101% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's 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. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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. In accord 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 1.770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 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. 605199 A, C -34 Contractor's License No. & Classification May 27, 1997 Late TRAUTWEIN CONSTRUCTION Bidder S /MARK TRAUTWEIN, OWNER Authorized Signature /Title Page 3 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 will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accord with State law and /or the Standard Specifications for Public Works Construction, as applicable. 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 accord with State law. Subcontractor Address Subcontract Work 1. Ayala & Sons Paving San Bernardino CA Paving /Grading 2. Sierra Pacific Rubidoux CA Traffic Loops 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. TRAUTWEIN CONSTRUCTION Bidder S /MARK TRAUTWEIN, OWNER Authorized Signature /Title POWER OF N ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, W A 98105 KNOW ALL BY THESE PRESENTS: CJ FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 9906 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint YYMYYYMYt XNYYYYYXNY YYYYYYMYYM NYYNYYXNSUSAN C. MONTEON, Riverside, Callfol"111"YYNYXY YYY NY YN YYY Its true and lawful attorney(S) -in -tact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at Its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 19th day of December . 19 95 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided. however, that the Seal shall not be necessary to the validity of any Such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of - attorney appointment is in full force and effect, the signature of the Certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1. R. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of '19 -- S- 1049 /EP 11/95 SCHRIMMER INSURANCE AGENCY, INC. P.O. BOX 788 LA HABRA, CA 90633 11NSURED MARK TRAUTWEIN DBA: TRAUTWEIN CONSTRUCTION 14046 SANTA ANA AVENUE FONTANA, CA 92337 COMPANIES AFFORDING COVERAGE COMPANY A SCOTTSDALE INSURANCE COMPANY B TRANSPORTATION INS CO LETTER COMPANY LETTER_ C CHUBB GROUP OFINS COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. T;,I TYPE OF INSURANCE POLICY I EFFECTI DATE EXPIRATION NUMBER GENERAL LIABILITY A IOCCURENCE BASIS ONLY) COMMERCIAL CLS277861 COMPREHENSIVE ��IYYY'���YYY111111 OWNERS 8 CONTRACTORS h PROTECTIVE CONTRACTUAL FOR SPECIFIC I CONTRACT PRODUCTS /COMPLETED OPERATION XCU HAZARDS X BROAD FORM PROPERTY DAMAGE RSEVERABILITY OF INTEREST CLAUSEI P. I. WITH EMPLOYEE EXCLUSION 1 REMOVED Xi MARINE AUTOMOBILE LIABILITY 1/22/97 1 1/22/98 ANY AUTO ALL OWNED AUTOS 07825093 112/01/96 12/01/97 SCHEDULED AUTOS X{ HIRED AUTOS NON -OWNED AUTOS XI GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM X1 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION & BI LIABILITY OTHER 7975 -74 -90 112/01/96 1 36936876 112/01/96 ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $ 2,000, PRODUCTS /COMPLETED $1,OoO, OPERATIONS AGGREGATE - PERSONAL INJURY I $ 1 , 000 , DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: 30 Inch Water Transmission Main Replacement in East Coast Highway, Contract C -3125 PROJECTTITLE AND CONTRACT NUMBER CITY OF NEWPORT BEACH P.O. BOX 1768 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA ATTENTION: 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY FIRST CLASS MAIL. �"4 �A/ �-/3 � F AUTHORIZED REPRESENTATI ISSUE DATE 0 POLICY NUMBER: CLS277861 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH CAL TRANS ASL CONSULTING ENGINEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that in- sured. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 0 .I CITY OF NEWPORT BEACH 0 AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 13 With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or an behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: [ ] Multiple Limits Bodily Injury Liability $ 1.000,000 per person Bodily Injury Liability $ 1,000.000 per accident Property Damage Liability S 1.000.000 [ ] Combined Single Limit Bodily Injury Liability $ 1,000.000 and Property Damage Liability The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non- renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Designated Contract: 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY C -3125 Project Title Contract No. This endorsement is effective Policy No. 07825093 9, 1997 at 12:01 A.M. and forms part of of TRANSPORTATION INS CO (Company Affording Coverage) Insured "'LARK TRAUT'WEIN DBA: TRAUTtdEIN Issuing Company TRANSPORATION INS CO (Authorized Representative) • • Page 14 CITY OE NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for General Liability, the City of Newport: Beach, its officers and employees are additional insureds but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated. below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the liability of the company affording coverage." 3, The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as 'XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this endorsement shall be the limits indicated below written on an "Occurrence" basis: [ ] Commercial[ ] Comprehensive General Liability $ 2 000 000 each occurrence $ 2,000,000 _ each occurrence The applicable limit of the Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department Contract: 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT Title This endorsement is effective June 9 1997 _ at 12:01 A.M. and forms part of Police No. CLS277861 of SCOTTSDALE INSURANCE COMPANY (Company Affording Coverage) Inure, MARK TRAUT'w'EIN DBA; TRAUT'AEIN Endorsemen o. N Issuing Company SCOTTSDALE INSURANCE` "r T �� No. 0 Page 15 WORKERS' COMPENSATION INSURANCE CERTIFICATION "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 to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." (n120 97 Date TRAUTWEIN CONSTRUCTION Name of Contractor (Principal) Mark Trau in, Owner 3o -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY C -3125 Title of Project Contract No. CONTRACT • Page 16 THIS AGREEMENT, entered into this day of June, 1997, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and TRAUTWEIN CONSTRUCTION, hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT Title of (b) Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT of Prgect Contract which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of TWO HUNDRED TWENTY THOUSAND TWENTY ($220,020.00) 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. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of insurance and Endorsements(s) (f) Workers' Compensation Insurance Certification • 1 • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, TRAUTWEIN CONSTRUCTION, as bidder, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT BID Dollars (10% ) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY C -3125 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing of Notice of Award to the above bounded bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 27th day of May , 1997. (Attach acknowledgment of TRAUTWEIN CONSTRUCTION Attorney -in -Fact) Bidder Notary Public S /MARK TRAUTWEIN Authorized Signature /Title First National Insurance Co. of America Commission Expires Surety By: S /MICHAEL D. STONG Title: Michael D Stong, Attorney -in -fact • • Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing i:his bid, being duly sworn on their oaths, say that neither they nor any of them 'lave, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to or share with another person in any way or manner, any of the proceeds of the contracts sought by this bid. TRAUTWEIN CONSTRUCTION Bidder S /MARK TRAUTWEIN. OWNER Authorized Signature /Title Subscribed and sworn to before me this 27th day of May , 1997. My Commission Expires: March 5 1999 S /BRIAN ESHLEMAN _ Notary Public #1052830 • • . • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1997 San Bernardino Water Dept Tames Dye (909) 384 -5390 1996 Rubidoux Water District Steve Appel (909) 685 -7580 1996 Rancho Calif. Water District Craig Mapes (909) 676 -4101 1996 Santa Ana Watershed Dick Smith Project Authority — 1996 Rubidoux Community Mike Thornton (909) 684 -6900 Services District — TRAUTWEIN CONSTRUCTION _ Bidder S /MARK TRAUTWEIN, OWNER _ Authorized Signature /Title 9 NOTICE TO SUCCESSFUL BIDDER • Page 7 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 mailing the Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 1.1) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 15) CONTRACT (pages 16 & 17) 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. Payment and Faithful Performance Bonds 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, and (3) meeting Policyholders' Rating and Financial Size Category criteria in the paragraph above. Insurance Companies affording coverage and sureties issuing bonds 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 accord with the latest edition of Best's Key Rating Guide: Property-Casualty, except as modified by the Special Provisions. The Worker's Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate of Insurance for Worker's Compensation prior to the City's execution of the Contract. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction; except as modified by the Special Provisions. EXECUTED IN FOUR COUNTERP* BOND NUMBER 5800581 PREMIUM INCLUDED IN PERFORMANCE BOND Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 9, 1997, has awarded to TRAUTWEIN CONSTRUCTION hereinafter designated as the "Principal ", a contract for 30- Inch Water Transmission Main Replacement in East Coast Highway, Contract No. C -3125 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its 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: and NOW, THEREFORE, We TRAUTWEIN CONSTRUCTION as Principal, FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED TWENTY THOUSAND TWENTY Dollars ( $220,020.00), 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 made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions or other supplies, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the 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. STATE OF _ CALIF COUNTY OF RIVERSIDE On fI Q� before me, _ PERSONALLY APPEARED SUSAN C. MONTEON 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. ROSEMARY STANDLEY OPTIONAL T7R ROSEMARY STAND LEY �' COtv1M. #1090462 - NOTARY PUBLIC CALIFORNIA N Wi RIVERSIDE COUNT' My Comm. Expires June T.. ,rAVO.e.vx�°°4 This area for Official Notarial Seal 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 TiRE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnV(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE: ID-n81 Rm6 /96 ALL- PURPOSE ACKNOWLEDGEMENT • • - • Page 9 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 the provisions of Section 3247 et seq. of the Civil Code of the State of California. And said 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 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 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 Principal and Surety above named, on the 18th day of June ,1997. TRAUTWEIN CONSTRUCTION (Seal) Name of Contractor (Principal) MAP,k Mark Trautwein, Owner Authorized ignature and Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Seal) Name of Surety 4 HUTTON CENTRE SUITE 250 —B, SANTA ANA, CP., 92707 Address of Surety Signature and Title of Authorized Agent SUSAN C. MONTEON ATTORNEY —IN —FACT 4850 ARLINGTON AVE., STE B, RIVERSIDE, CA 92504 Address of Agent (909) 343 -0382 Telephone Number of Agent EXECUTED IN FOUR COUNT40ARTS BOND NUMBER 5800581 PREMIUM: $4,300.00 • Page 10 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 9, 1997, has awarded to TRAUTWEIN CONSTRUCTION, hereinafter designated as the 'Principal', a contract for 30 -Inch Water Transmission Main Replacement in East Coast Highway Contract No. C -3125 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, TRAUTWEIN CONSTRUCTION, as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED TWENTY THOUSAND TWENTY Dollars ($220.020.00) said sum being equal to 1001% of the estimated amount of the contract, to be paid to said City or its certain attorney, its successors and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his 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 said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time• and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport: Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. STATE OF CALIFORNIA _ SS. COUNTY OF RIVERSIDE _ On I y/6 7 , before me, PERSONALLY APPEARED SUSAN C. MONTEON 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ) ROSEMARY STANDLEY OPTIONAL ROSEP�ARY STANDLEY m 5 COtv1M. #1090462 a 2 ` O' 1>%= NOTAr ".Y FG511C - CALIFORNIA N RIVERSIDE COUNTY My Comm. Erpra Jom 7, 2000 This area for Official Notarial Sent 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 ❑ GENERAL 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 ro -081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT 9 0 Page 11 And said 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 or to 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 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 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 Principal and Surety above named, on the 18th day of June, 1997. TRAUTWEIN CONSTRUCTION (Seal) Name of Contractor (Principal) Mark Trautwein, Owner Authorize ignature and Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA ,(Seal) Name of Surety 4 HUTTON CENTRE STE 250 -13, SANTA ANA, CA 92707 Address of Surety Signature and Title of Authorized Agent SUSAN C. MONTEON, ATTORNEY —IN —FACT 4850 ARLINGTON AVE., STE B. RIVERSIDE. CA 92504 Address of Agent (909) 343 -0382 Telephone Number of Agent nE NEWPOK BENCH • COMMESA UPIRPHoL Dear Advertiser: 0 Client Reference # C -3)Z, Daily Pilot Reference # W/U Enclosed please find clipping of our ad from the first publication, beginning - - q If you need to make any changes or corrections, please call me at your earliest convenience. pC� The cost of this publication will be $ Thanks for your cooperation and patronage. 330 West Bay Street, Costa Mesa, CA 92627 (714) 642 -4321 FAX (714) 631 -5902 PUBLIC NDTICE INVITING BIDS Sealed bids r: ceived at the ofice of !nc: City Clerk, 3300 Nov,! a :! ,Boulevard, Post Office C. :1768, Newport Bench. C[ri fornia 92658 -8915 until 2:19 p.m. on the 27th day on May, 1997, at which .er._ such bids shall be cpene:i and read for: 30 INCH WATER TRANS- MISSION MAIN REPLAC, - MENT IN EAST C01S; HIGHWAY Contract No. 03125 Engineer's Estlr',er $190,000 Approved by the r'uc :[. Works Department, ;h> ; .. day of May, 1997 Don Webb, Public l Works Director Prospective bidders n obtain a set of corira;t documents at no c the office of ?.he F'i.p:;c Works Oepart:r:ert, 330L Newport Boulevar_ P:.;+ Office Box 1763, Beach, California 92e5: 8915 For further wf­r call Michael J. (714) 644-301., Published Beach -Costa NIeSa " s _, Pilot May 7, 8, 7-2. 2&9?, Sincerely, y 0 tting Manager Legal Advertising Department W • ir.__ ' February 24, 1997 I` . r? 17 CITY COUNCIL AGENDA ITEM NO. 6 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: MATERIAL PROCUREMENT FOR THE 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY RECOMMENDATION: 1. Approve the 30 -inch Water Transmission Main Replacement Project in East Coast Highway between Jamboree Road and Promontory Point. 2. Find that Ameron International of Rancho Cucamonga submitted the "lowest responsible bid," and they can meet the requirements for providing the pipe materials for the East Coast Highway Project. 3. Award Contract No. 3125 -A to Ameron International of Rancho Cucamonga in the amount of $126,080. • DISCUSSION: EAST COAST HIGHWAY WATER MAIN REPLACEMENT PROJECT On Friday, November 1, 1996, at 4:45 a.m., the 30 -inch water transmission main on East Coast Highway at Promontory Point Drive failed. A repair was made to the transmission main which involved cutting out a five foot section of the water main and installing a new piece. A significant amount of road damage occurred as a result of the incident and final repairs were made last week. In December, further investigation of the removed section of pipe identified a significant amount of corrosion. The investigation concluded that the rest of the pipeline in this reach, which was installed in the early 1930's, may be in a similar condition and should be replaced. The pipeline in Coast Highway was replaced westerly of Promontory Point when the highway was widened. Staff has started the design for the replacement of the 1200 foot section of this pipeline within Coast Highway between Promontory Point and Jamboree Road. Not only is this portion of the pipeline in a heavily traveled section of Coast Highway, where it could cause significant damage if it fails, it is also a key transmission main that will be used in transporting groundwater from one side of the • City to the other. If this line were out of service, the use of groundwater would be significantly impacted Materials Procurement for the Coast *way Water Main Replacement February 24, 1997 Page 2 The project was not budgeted in the FY 1996 -97 Capital Projects program. By using • both FY 1996 -97 Corona del Mar and Water Main Replacement Program budgets, sufficient funds are available to complete the East Coast Highway Replacement Project which is estimated at $480,000. The Corona del Mar Alley Water Replacement Project will be budgeted next year. ASL Consulting Engineers has been retained to prepare plans and specifications which are expected to be completed this month. Attached are the preliminary concept plans for the replacement project. To minimize disruption within East Coast Highway, an alignment just outside of the street right -of -way in the City Bay View open space parcel has been chosen. This alignment will also allow a less expensive alternative to replacing the transmission main within East Coast Highway. In addition, by eliminating pavement removal and replacement for a majority of the project, construction time and traffic interruption will be greatly reduced. A critical component of the project is obtaining the pipeline materials in time to construct the project before the summer months, this normally takes approximately four months. Given that the replacement must be completed by the summer (Caltrans will not allow summertime construction on a state highway), a special pipe procurement process was required. Staff solicited bids to pre - purchase the pipe. The City Clerk opened and read bids on February 11, 1997, at 2:00 p.m. Two bids were received, one from Ameron International of Rancho Cucamonga in the amount of $126,080, and the second from Northwest Pipe Company of Adelanto in the amount of $128,483.18. The low bidder, Ameron International, is a qualified pipe manufacturer. This company has provided thousands of miles of steel pipe for water main use throughout the United States. Ameron International has a solid reputation, and staff is confident they will provide the City with high - quality pipe materials within the required time constraints. Staff will request that City Council award the construction contract to install this pipe material some time in March or April, with the goal to complete construction by the end of June 1997. The Public Works Committee reviewed the project at their January 20, 1997, meeting and supported the East Coast Highway Water Main Replacement Project. CONCLUSION The award of the pipe materials contract at this time will allow the City to obtain the necessary materials to allow the timely completion of the East Coast Highway Water Main Replacement Project . This project is important to complete prior to the City's use of the Groundwater Development Project. • • Materials Procurement for the Coastoway Water Main Replacement February 24, 1997 Page 2 Funds needed to complete the projects are available in the Water Enterprise Fund as follows: 7501- C5500074 Water Main Replacement Program $100,000 7501- C5500286 Corona del Mar Water Main Replacement $ 26,080 Total $126,080 Staff recommends awarding this contract. Res ectfully s bmitted, PUBLIC WORKS DEPARTMENT Don Webb, Director by. M' hael J. Sinacori, P.E. Utilities Engineer MJS:sdi ZD 31 a ra PROPOSED 30" PIPE YA za m i •- ro:�� I m4..n I m . AB.WDONMENT Of EMST 30' MNIVO STEEL WATER MNN /1 CONK µ TO MSTNC W M1 JAMBOF E ROAD ,® . FG S p3Consulling I ^^•` PACIFIC COAST HIGHWAY �i ,.T r�� }ice SECn A -A "MR1.9.1mm July 10, 1997 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 C.P. Construction Co., Inc. P.O. Box 1206 Ontario, CA 91762 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Pa1Con, Inc. 11823 E. Slauson Ave., Suite 20 Santa Fe Springs, CA 90670 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, '-X4 V, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Paulus Engineering, Inc. P.O. Box 6216 Anaheim, CA 92816 -0216 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 11 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Doty Bros. Equipment Co. 11232 E. Firestone Blvd. Norwalk, CA 90650 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, m. LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 11 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gillespie Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Highland Engineering 2432 W. Peoria Ave., Suite 1203 -C Pheonix, AZ 85029 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, r"\ LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Fleming Engineering Inc. 6130 Valley View Street Buena Park, CA 90620 -1030 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, Y crn,v1c M 4Cv�4 -( 2Zc'z LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Steve Casada Construction Co. , Inc. 1426 S. Allec Street Anaheim, CA 92805 Gentlemen: Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 10, 1997 i ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Trautwein Construction 14046 Santa Ana Avenue Fontana, CA 92337 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the 30 -Inch Water Transmission Main Replacement in East Coast Highway project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach NOTICE INVITING BIDS Sealed Bids may be received at the office of the City Clerk, • 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:00 o'clock p.m. on the 11th day of February ,1997, at which time no more will be accepted for: 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY PIPE PROCUREMENT Title of Project /OTC } v\ C -3125 Contract No. FO RN/ s. Approved by the Public Works Department this 29th day of January, 1997 Prospective bidders may obtain one set of contract documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 • For further information, call Michael J. Sinacori at 644 -3011. Project Manager 9 CITY OF NEWPORT BEACH is PUBLIC WORKS DEPARTMENT 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY PIPE PROCUREMENT CONTRACT NO. 3125 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 Gentlemen: The undersigned declares that he has carefully read the Instructions to the Bidders, has examined the Special Provisions, and hereby proposes to furnish all materials required to complete Contract No. 3125 in accord with the Special Provisions, and will take in full payment therefor, the following unit prices for the materials delivered to the site, to wit: • NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 1 Lump Sum Provide 30" CML&C steel pipe, special sections and buttstraps with welded joints as shown on attached plans for the lump sum price o One hunch nine f hrRl�anc� seven hu400 5 i)nv Dollars and No Cents. L.S. $ !_0 Lump Sum The following items we in addition to those shown on the plans: 2 10 EA Provide additional 30" buttstraps for the unit price of Fayr hundred 4en Dollars and • No Cents. $ ¢l0' $ 100 per Each P1 -a SCHEDULE OF WORK ITEMS • ITEM UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 3 4 EA Provide additional 30" CML&C 45° bends with 4' tangents on each end of the bend for the unit price of Two fhov5orel 6 v ert/v Dollars and No Cents. $ 20700 $ gwOelz per Each 4 1 EA Provide additional 40' section of 30" CML&C steel pipe with plain ends for the unit price of Ninafeen hvndr&4ieerYDollars and No Cents. $ 1910 $ 070°' per Each 5 1 EA Provide additional 40' section of 30" CML&C steel pipe (317/8" O.D. cylinder) with plain ends for the unit price of Nineteen &vaeed 5evew(y Dollars and AJO Cents. $ 1970 _ $ U 70 0' per Each TOTAL PRICE IN WRITTEN WORDS (Bid Items 1 -5) one hundred +aAeniy b ix Fha�SCrrid e�qh� Dollars and 1 0 Cents. Total Price $ &4 0W 0 "Joel el I declare under penalty of perjury that all representation made above are true and correct.* • *Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. • 0 Bidder's Name Bidder's Address F4ethf <l FIyA. 6u;-4 4.50 Bidder's Telephone Number .`?09� 94¢- 2 b Maier Date Authorized Signature & Title Pl -c INSTRUCTIONS TO BIDDERS Page 2 • The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. NON - COLLUSION AFFIDAVIT The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bids are to be computed upon the 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 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 exclusive right, in its sole discretion, to award some or none of the bid items contained in the proposal based primarily on the . lowest overall cost to the City. An award may be made for less than all the bid items contained in the proposal. In summary, the City of Newport Beach reserves the right to award all of the bid items contained in the proposal, one or more bid items, reject any or all bids, waive any informality in any bid and make awards in the best interest of the City. 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. HMeron In%rna- ficnal Bidder DkeD to L_.J N(�rlcxjp,- Autho ized Signature /Title r Page 3 • NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with an other person in any way or manner, any of the proceeds of the contracts sought by this bid. • Donna McKennon Comm. #998468 ^ ARV PUBLIC - CALIFORNIAM' SAN BERNARDINO COUNTY 0 Comm. Expires July 30, 1997 Subscribed and sworn to before me this //* day of &4— 19 '77 . My Commission Expires: 30 ' CJ Arnerpn Bidder Authorized Signature /Title x'o, Notary Public 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN EAST COAST HIGHWAY PIPE PROCUREMENT CONTRACT NO. 3125 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 Gentlemen: The undersigned declares that he has carefully read the Instructions to the Bidders, has examined the Special Provisions, and hereby proposes to furnish all materials required to complete Contract No. 3125 in accord with the Special Provisions, and will take in full payment therefor, the following unit prices for the materials delivered to the site, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM UNIT TOTAL NO. OUANTITY DESCRIPTION PRICE AMOUNT 1 Lump Sum Provide 30" CML&C steel pipe, special sections and buttstraps with welded joints as shown on attached plans for the, elp 4�J sum price of T2�✓E 4(l,y ff One Hundred 9i-ve Thousand, Pow w Hundred Forty Five Dollars and zero Cents. Lump Sum The following items are in addition to those shown on the plans. 2 10 EA Provide additional 30" buttstraps for the unit price of Four Hundred Fifty Seven Dollars and Twenty Five Cents. per Each P1 -a W 112,94-1406 L.S. $ X00 $457.25 $4,572.50 0 9 SCHEDULE OF WORK ITEMS ITEM UNIT TOTAL NO, QUANTITY DESCRIPTION PRICE AMOUNT 3 4 EA Provide additional 30" CML&C 450 bends with 4' tangents on each end of the bend for the unit price of One Thousand Six Hundred Eighty Nine Dollars and Forty Seven Cents. $1,689.47 $6,757..88 per Each 4 1 EA Provide additional 40' section of 30" CML&C steel pipe with plain ends for the unit price of Two Thousand One Hundred Three Dollars and Ninety Cents. $2,103.90 $2,103.90 per Each 5 1 EA Provide additional 40' section of 30" CML&C steel pipe (31 7/8" O.D. cylinder) with plain ends for the unit price of Two Thousand One Hundred Three Dollars and Ninety Cents. per Each TOTAL PRICE IN WRITTEN WORDS 9,� (Bid items 1 -5) 9,4IL One Hundred Twenty- Thousand, XAw Hundred Eighty ThrBollars and Eighteen Cents. Pl -b $2,103.90 $2,103.90 <21�� Total Price $ 9 0 I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name NORTHWEST PIPE COMPANY Bidder's Address 12351 RANCHO ROAD, P.O. BOX 280 ADELANTO, CA. 92301 Bidder's Telephone Number (619) 246 -3191 FEBRUARY 11, 1997 Date C n Authorized Signature A Mtle CHARLES L. KOENIG, VICE 'PRESIDEN PERATIONS Pl -c • Page 3 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with an other person in any way or manner, any of the proceeds of the contracts sought by this bid. NORTHWEST PIPE COMPANY Bidder Authorized Signature /Title 7d CHARLES L. KOENIG, VICE PRESIDEN4' OBERATIONS Subscribed and sworn to before me this IC'9day of Few 1991. My Commission Expires: it - C5 -(Iq Notary Public t ••O••P• #t * * #f99tP4 #P7 #f ## #ert•m CAP.LA K. WILL IAMSON s pc COMMISSION AFY PU ,AOFOR 33 = ` � NOTARY PUBLIC- CAL1fORNIA � = SAN 9ERNARDINO COUNTY • My Go.,,5w Expires Nov 5. 1998 O ••••tO0•#••tt #�Ot•tttOP•t•••••• • • INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. NON - COLLUSION AFFIDAVIT The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bids are to be computed upon the 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 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 exclusive right, in its sole discretion, to award some or none of the bid items contained in the proposal based primarily on the lowest overall cost to the City. An award may be made for less than all the bid items contained in the proposal. In summary, the City of Newport Beach reserves the right to award all of the bid items contained in the proposal, one or more bid items, reject any or all bids, waive any informality in any bid and make awards in the best interest of the City. All Documents shall bear signatures behalf of the bidder. For corporations, the an individual authorized by the corporation. a general partner. For sole ownership, the NORTHWEST PIPE COMPANY Bidder FEBRUARY 11, 1997 Date and titles of persons authorized to sign on signatures shall be of a corporate officer or For partnerships, the signatures shall be of signature shall be of the owner. Authorized S, nature ffitle CHARLES L. K NIG, ICE PRES " T OPERATIONS