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HomeMy WebLinkAboutC-3171 - Marguerite Avenue Sewer Main Improvements ProjectJuly 6, 1998 0 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 (714) 644 -3005 Subject: Contract No. 3171 - Marguerite Avenue Sewer Main Improvement Project On May 11, 1998, 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 June 1, 1998, Reference No. 19980339389. The Surety for the contract is First National Insurance Company of America, and the bond number is 5800595. Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk LH:cf cc: Public Works Department encl. 3300 Newport Boulevard, Newport Beach 1� t • • ilftwsftmlsiliRETY FIRST NATIONAL INSURANCECO. OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, W A 99105 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A -311 KNOW ALL BY THESE PRESENTS: that Bond No. 5800595 PREMIUM: $1,473.00 EXECUTED IN FOUR COUNTERPARTS (Here insert full name and address or legal title of Contractor) TRAUTWEIN CONSTRUCTION 14046 SANTA ANA AVE., FONTANA, CA 92337 as Principal, hereinafter called Contractor. and. FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a (Here insert full name and address or legal title of Surety) corporation duly organized under the laws of the State of Washington as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert fun name and address or legal title of Owner) CITY OF NEWPORT BEACH 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 as Obligee, hereinafter called Owner, in the amount of FIFTY —EIGHT THOUSAND NINE HUNDRED N01100 — — — — — — — — — — — — — — — — — — — — — — — — — Dollars ($58,900.00 — — — — ), for the payment whereof Contractor and Surety bind themselves. their heirs, executors, administrators. successors and assigns. jointly and severally. firmly by these presents. WHEREAS. Contractor has by written agreement dated JANUARY 13, 1998 . entered into a contract with Owner for (Here insert full name. address and description of project) MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT CONTRACT NO. 3171 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) N/A which contract is by reference made a part hereof. and is hereinafter referred to as the Contract. s- 3212 /EP 7/94 Page 1 of 2 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIIDE On \ / 15161 �( " , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 ->�79PIYYIQ j V OPTIONAL ROSEMARY STANDLEY H ' COMM. #1090462 s NOTARY PJ RlIC - CALIFORMA RIVERSIDE COUNTY NY CQe Ej*. Jute 7. 1000 This areafor 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 TI .E(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 ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT 0 0 PERFORMANCE BOND NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is such that. if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder. the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions. and upon determination by Surety of the lowest responsible bidder, or. if the Owner elects. upon determination by the Owner and the Surety jointly of the lowest responsible bidder. arrange for a contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or Signed and sealed this 15th contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth In the first paragraph hereof. The term "balance of the contract price." as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. day of JANUARY TRAUTWEIN CONSTRUCTION .; Principal Seal (Witness) Aid (Title) (Witness) ` S- 9212 /EP 7194 Page 2 of 2 0 6 Recorded in the County of orange, California RECORDING REQUESTED BY AND IIIII��IIIIIII�I��IIIIII�IIIIIIIIII����I $1111111�1I111111111I Clerk/Recorder WHEN RECORDED RETURN TO: No 19980339389 2:14pm 06/01/98 City Clerk 508 26014262 26 72 City of Newport Beach N12 1 0 6.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION 1 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Trautwein Construction of Fontana. California, as Contractor, entered into a Contract on January 13. 1998. Said Contract set forth certain improvements, as follows: Marguerite Avenue Sewer Main Imnrovement Projec-t C -3171, Work on said Contract was completed on February 27. 1998, and was found to be acceptable on May 11, 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the and correct to the best of my knowledge. Executed on California. \I BY City Clerk I foregoing is true at Newport Beach, May 21,1998 a 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Orange County Recorder Post Office Box 238 Santa Ana, California 92702 (714) 6443005 RE: Notice of Completion for Marguerite Avenue Sewer Main Improvement Project (C -3171) Notice of Completion for Kings Road Storm Drain Improvements (C -3122) Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, l -; LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi Attachments 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport roulevard Newport Beach, CA 92663 F7 "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 Trautwein Construction of Fontana. California, as Contractor, entered into a Contract on January 13. 1998. Said Contract set forth certain improvements, as follows: Marguerite Avenue Sewer Main Improvement Project. C -3171, work on said Contract was completed on February 27. 1998, and was found to be acceptable on May 11. 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is FirB— National Insurance Comnanv of America. 1 *4 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 �rul l x l �`/ + at Newport Beach, California. BY 'J 1 LM bIR111 City Clerk TO: FROM: SUBJECT: i MAY APP OME Mayor and Members of the City Council Public Works Department 1.i May 11, 1998 CITY COUNCIL AGENDA ITEM NO. 7 COMPLETION AND ACCEPTANCE OF MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT, CONTRACT NO. 3171 RECOMMENDATIONS: 1. Accept the work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the "Performance Bond" 35 days after the Notice of Completion has been recorded with the applicable portions of the Civil Code. 1176Y��`7[iP.ti On January 12, 1998, the City Council authorized the contract award of the Marguerite Avenue Sewer Main Improvement project to Trautwein Construction, of Fontana, California. • The contract provided for the installation of new 12 -inch SDR -35 and VCP sewer mains, manholes and appurtenances. 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: Total amount of change orders: Total Paid to Contractor: $58;900.00 $8,331.49 $67,231.49 The final construction cost included one change order, which was for the removal of rock encountered during the trenching for the sewer main. Additional labor and equipment was required to remove the rock from the trench to allow for the installation of the new sewer. Respectfully r u / �subbmitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: hael J. Sinacori, P.E. • tilities Engineer f. \groups\pubworks \council \98\may -11 \0171 noc.doc =) CITY OF NEWPORT BEACH �<7 R PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR II MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT Contract No. 3171 11 City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (714) 644 -3311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS L NOTICE INVITING BIDS .................................................................. ............................... 1 INSTRUCTIONS TO BIDDERS ...................................................... ............................... 2 NOTICE TO SUCCESSFUL BIDDER ............................................. ............................... 4 CONTRACT.................................................................................... ............................... 5 DESIGNATION OF SUBCONTRACTOR(S) .................................. ............................... 11 NON-COLLUSION AFFIDAVIT ...................................................... ............................... 12 PROPOSAL.................................................................................. ............................... P-1 SPECIAL PROVISIONS ............................................................. ............................... SP-1 0 PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS 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 8th day of January, at which time such bids shall be opened and read for MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT Title of Project $25,000.00 Engineer's Estimate A prov by 6, : W Don Webb Director of Public Works 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, P.E.. Project Manager at (714) 644 -3311. 0 0 PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS NON - COLLUSION AFFIDAVIT 2. 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. 3. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 4. 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 6. 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). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". PAGE 8. 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. 605199 "A" Contractor's License No. & Classification TRAUTWEIN CONSTRUCTION Bidder S /MARK TRAUTWEIN Authorized Signature/Title 1/8/98 Date 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NOTICE TO SUCCESSFUL BIDDER 0 PAGE 4 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 Notice of Award to the successful bidder: CONTRACT 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. 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 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT THIS AGREEMENT, entered into this 13TH day of JANUARY, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and TRAUTWEIN CONSTRUCTION, hereinafter "Contractor;' is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: Project 3171 Contract No. B. 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: 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 Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3171, Standard Specifications for Public Works Construction (current 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. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. PAGE 6 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 FIFTY -EIGHT THOUSAND NINE HUNDRED DOLLARS & NO /100 Dollars ($58,900.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 4. 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. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. 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 CONSTRUCTION Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mike Sinacori, Project Engineer (714) 644 -3311 CONTRACTOR TRAUTWEIN 14046 SANTA ANA AVE. FONTANA, CA 92337 Attn: Mark Trautwein (909) 829 -8258 6, 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" • A 7. INSURANCE PAGE 7 (a) Insurance is to be placed with insurers with a Best's rating of no less than ANN and insurers must be a California Admitted Insurance Company. (b) 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 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. (c) 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. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11185) 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. 2. 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. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 1. 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. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. E PAGE 8 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. 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. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) 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. (b) 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. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) 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. (e) 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. 2. 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. 3. All Coverages 0 PAGE 9 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. E. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Contract and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. 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. B. 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. C. 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 or defend City from the sole negligence or willful misconduct of City, its officers or employees. PAGE 10 D. 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. E. 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 "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipa r ratio ! By: / c CITY ATTORNEY MA ATTEST: LaVonne Harkless, City Clerk CONTRACTOR By: Ad " 1,4,4 4uthorizkrSigna nd Title MttrK- -rnAUTW�til - aukl� 0 0 PAGE 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT CONTRACT NO. 3171 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. Subcontract Work 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Subcontractor Address TRAUTWEIN CONSTRUCTION S/MARK TRAUTWEIN Bidder Authorized Signature/Title 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of SAN BERNARDINO 0 PAGE 12 MARK TRAUTWEIN, being first duly sworn, deposes and says that he or she is OWNER of TRAUTWEIN CONST., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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. MARK TRAUTWEIN S/MARK TRAUTWEIN OWNER Bidder Authorized SignaturelTitle Subscribed and sworn to before me this 8TH day of JANUARY, 1998. [SEAL] S /BRIAN ESHLEMAN Notary Public My Commission Expires: 3/5/99 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE P -1 MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT CONTRACT NO. 3171 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 except that material supplied by the City and shall perform all work required to complete Contract No. 3171 in accordance 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 UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 130 LF Install 12 -inch City furnished SDR 35 PVC Sewer Main, including removals, pavement removal and replacement, backfill, bedding and appurtenances for the unit price of One Hundred Thirty Dollars and Cents 130.00 16,900.00 Per Linear Foot • • PAGE P -2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. Lump Sum Install 12 -inch VCP Sewer Main between new City Manhole (Station 11 +40) and existing CSDOC Manhole with a minimum of 2 flexible joints, including landscape, removals, pavement removal and replacement, landscape restoration, backfill, bedding and appurtenances for the lump sum of Ten Thousand Five Hundred Dollars and Cents Lump Sum 3. Lump Sum Install City furnished 48 -inch diameter manhole (Station 10 +82), including removals, sidewalk removal and replacement , backfill and bedding for the lump sum price of Two Tousand Five Hundred Dollars And Cents Lump Sum 4. Lump Sum. Install City furnished 48 -inch diameter manhole (Station 10 +00), including City furnished drop inlet piping and appurtenances, pavement removal and replacement, backfill and bedding for the lump sum price of Three Thousand Five Hundred Dollars and Cents Lump Sum 10.500.00 2.500.00 3.500.00 0 PAGE P -3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum. Install City furnished 60 -inch diameter manhole (Station 11 +40), including City furnished drop inlet piping and appurtenances, pavement removal and replacement, backfill and bedding for the lump sump price of Seven Thousand Five Hundred Dollar: and Cents 7,500.00 Lump Sum 6. Lump Sum. Pressure, test disinfect and flush new sewer complete per City of Newport Beach requirements for the lump sum price of Two Thousand Five Hundred Dollars and Cents 2,500.00 Lump Sum 7. Lump Sum. Provide traffic control for sewer work per City of Newport Beach and Caltrans requirements for the lump sum price of Two Thousand Five Hundred Dollars and Cents 2.500.00 Lump Sum • 0 PAGE P -4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 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 Thirteen Thousand Dollars and Cents Lump Sum Total Price in Written Words (subtotal of Base Bid Items 1 through 8): Fifty -Eight Thousand Nine Hundred Dollars and 0 Cents $ Total Price Bidder's Name TRAUTWEIN CONSTRUCTION 13.000.00 $ 58.900.00 Bidder's Address 14046 SANTA ANA AVE., FONTANA, CA 92337 Bidder's Telephone Number (909) 829 -8258 Contractor's License No. & Classification 605199 "A" 10/31/98 Expiration Date S /MARK TRAUTWEIN 1/8/98 Date Authorized Signature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT CONTRACT NO. 3171 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 2 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.8 Steel Plates 7 -10 PUBLIC CONVENIENCE AND SAFETY 3 7 -10.1 Traffic and Access 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 4 1 1 1 2 'r: 2 2 3 3 3 3 3 0 9 7 -10.6 Street Sweeping Signs 4 0 0 0 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 5 7 9 -3 PAVEMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.5 Solid Waste Diversion SECTION 302 ROADWAY SURFACING 7 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT SECTION 400 7 302 -6.6 Curing SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 7 AND UNTREATED BASE MATERIAL 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS 400 -2.1 RAMPS AND DRIVEWAYS 303 -5.4 Joints 300 -5.4.1 General 4 4 5 5 6 6 6 6 7 7 7 7 7 7 7 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT 7 CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 7 400 -2.1 General 400 -2.1.1 Requirements 4 4 5 5 6 6 6 6 7 7 7 7 7 7 7 • • PAGE SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MARGUERITE AVENUE SEWER MAINIMPROVEMENT PROJECT CONTRACT NO. 3171 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. S- 5165 -S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1994 edition), including supplements; and (5) the latest edition of American Water Works Association (AWWA) standards as amended. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of installing new 12" sewer main, sewer manholes, removing and replacing concrete sidewalk and asphalt pavement improvements, removing and replacing landscaping improvements and constructing other incidental items of work. " 2 -9 SURVEYING 2 -9.3 Survey Service Add to this section "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two (2) working days in advance of the time that the stakes are needed" • PAGE SP -2 SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section "No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work in additional alleys until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional men and equipment were required on the job." 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section "The Contractor shall complete all work under the Contract within (30) consecutive working days from the date of award of contract, but no later than February 15, 1998. It will be the Contractor's responsibility to ensure the availability of all "City provided" material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work. 6 -7.2 Working Day. Revise 3) to read "any City holiday, defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1 st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 9:00 a.m. to 5:00 p.m. Monday through Friday. SECTION 7--- RESPONSIBILITY OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE. 7 -8.5 Temporary Light, Power and Water. Add to this section "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage." 7 -8.6 Water Pollution Control. Add to this section "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay." • • • PAGE SP -3 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 644 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. and the Caltrans standard traffic control plans" 7 -10.3 Street Closures, Detours, Barricades. Add to this section "The Contractor shall also prepare a traffic control plan. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." Solar powered arrow boards will be required for traffic control and Balboa Boulevard. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. The detailed plan showing the design of shoring, etc., which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Engineer or their consultants; nor will the plan be accepted if it is based on soils - related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions. The detailed plan showing the design of shoring, etc., shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loading. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench to its top to the near side of the surcharge loads. Nothing contained in this section shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection." • • PAGE SP -4 Replace Sentence two, Paragraph two of this section with "The detailed plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL -OSHA Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING - TOW AWAY" signs (even if streets and alleys have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for verification of posting at least 48 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" signs in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping SignsP'Permit Parking Only" Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The Contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic the Contractor shall remove the "PERMIT PARKING ONLY" signs and uncover the street sweeping signs. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or "C -42" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the jobsite at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall • • PAGE SP -5 be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT. 9 -3.1 General. Revise paragraph two to read "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Install City furnished 8 -inch PVC SDR 35 Sewer Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, couplings, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. Item No. 2 Install New 12 -inch VCP Sewer Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, connection to existing CSDOC facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, compaction and replacement of the roadway and landscaping improvements to match existing improvements and all other work necessary to install the pipe complete in place. Item No. 3 Install City furnished 48 -inch diameter manhole (Station 10 +82): Work under this item shall include installing City furnished manhole materials and base to be constructed by others, including, but not be limited to, exposing utilities in advance of manhole excavation operations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, coordination of the installation of manhole materials, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, compaction and replacement of the roadway and sidewalk improvements to match existing improvements and all other work necessary to install the manhole complete in place. Item No. 4 Install City furnished 48 -inch diameter drop manhole (Station 10 +00): Work under this item shall include installing City furnished manhole materials and base to be constructed by others, including, but not be limited to, exposing utilities in advance of manhole excavation operations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, coordination of the installation of manhole materials, installation of City furnished drop inlet piping, abandonment or protection of interfering portions of existing utilities or improvements, • PAGE SP -6 temporary and permanent support of utilities, disposal of excess excavation materials, compaction and replacement of the roadway and sidewalk improvements to match existing improvements and all other work necessary to install the manhole complete in place. Item No. 5 Install City furnished 60 -inch diameter drop manhole (Station 11 +40): Work under this item shall include installing City furnished manhole materials and base to be constructed by others, including, but not be limited to, exposing utilities in advance of manhole excavation operations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, coordination of the installation of manhole materials, installation of City furnished drop inlet piping, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, compaction and replacement of the roadway and sidewalk improvements to match existing improvements and all other work necessary to install the manhole complete in place. Item No. 6 Pressure Test and Flush Sewer Main: Work under this item shall include successfully pressure testing and flushing the new sewer mains per the project specifications. Item No. 7 Provide Traffic Control: Work under this item shall include but shall not be limited to preparing traffic control plans for review and approval, furnishing, installing and maintaining all signs, channelization and warning devices, removal of striping, temporary striping, and temporary signal modifications to affect a complete and functional traffic control program, for installation of the sewer main and all appurtenant work. Item No. 8 Excavation Safety Measures: Work under this item shall include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. 9 -3.2 Partial and Final Payment. Add to this section "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section "The work shall be done in accord with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be at 2 -inch minimum depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or n 0 PAGE SP -7 sledgehammers. Pavement breakers or stoppers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.4 Joints. 303 -5.4.1 General. Add to this section " The Contractor shall make a sawcut parallel or perpendicular to the centerline of the street. All sawcuts shall be made to a depth of 2 inches." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General. 400 -2.1.1 Requirements. Add to this section "The Contractor may use crushed aggregate base or crushed miscellaneous base as base materials." 0 4333 Brooklyn Avenue N.E Seattle, WA 98105 10 Bond N0.5800595 LABOR AND MATERIAL PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND Conforms with The American Institute of Architects EXECUTED IN FOUR COUNTERPARTS A.I.A. Document No. A -311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that TRAUTWEIN CONSTRUCTION, (Here insert fuH name and address or legal rue of contractor) 14046 SANTA ANA AVE, FONTANA, CA 92337 as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a (Here insert full name and address or legal title of SuretyI corporation duly organized under the laws of the State of Washington as Surely, hereinafter called Surety, are (Here insert full name and address or legal title of Owner) held and firmly bound unto CITY OF NEWPORT BEACH, 3300 NEWPORT BOVD., NEWPORT BEACH, CA 92658 as Obligee. hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined. in the amount Of FIFTY —EIGHT THOUSAND NINE HUNDRED AND NO /100 — — — — — — — — — — — — — — — (Here insert a sum equal to at least one -half of the contract price) —— — — — — — — — — — — — — — — — — — — — — — — — — — Dollars (S 58, 900. 00 — — — — ), for the payment whereof Principal and Surety bind themselves. their heirs, executors. administrators. successors and assigns, jointly and severally. firmly by these presents. WHEREAS. Principal has by written agreement dated January 13 19 98 . entered into a contract with Owner for MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT CONTRACT NO. 3171 (Here insert full name. address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) N/A which contract is by reference made a part hereof. and is hereinafter referred to as the Contract. S- 32131EP 7/94 Page 1 of 2 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On 1' IS// 9 ,before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 J� OPTIONAL •ROSEMARY STANDLEY H ' CEMA STAN L = e NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Canm. E)#m June 7, 2000 This area far 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnn(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev, 6/94 ALL - PURPOSE ACKNOWLEDGEMENT 0 0 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heal, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed,or materials were turn fished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of anysuch suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, staling with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this 15th were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such sery ice need not be made by a public officer. b) After the expiration of one( I) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted bysuch law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day or JANUARY 19 98 TRAUTWEIN CONSTRUCTION (Pri ipal) (Seal) (Tit FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Witness) MICH EL D. STON Title ATTO EY —IN —FACT S- 32131EP 7/94 Page 2 0 2 • • POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 0e105 4333 Brooklyn Avenm N.E. Semde, W A 98105 No. 6966 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •Me.11MY%- -s .Y11e .............. MICHAEL D. STONG: Riverside. California ................... x111Yme• its true and lawful attorneys) -in -fact, 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 7th day of February , 19 96 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:, I, 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 a this 151 f'Y day or 19 � �✓ S- 1049 /EP 11/95 AI:111;11 c,trt i iri�H i !�-vr IIV�UtiAlVlit �.• ....�._ ,�..__..., J , ®�' POUCY EFFECTIVE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND E1STCY OF O`qA L�B pEC� ...... DRI NEWPORT BEACH �S RIyM4EDNADDIT RED. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I RJAALIINU DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Schrhnmer Cavanagh Ins. Agency POLICIES BELOW. P.O. Box 788 ..... °..._........_. ............._...... .... - ...._ -..._. .... . .. 1.4 COMPANIES AFFORDING COVERAGE La Habra CA ON33-0788 01122/97 01/22/99 COMPANY A SCOTTSDALE INSURANCE LETTER ...._..._ ... _.._. COMPANY B TRANSPORTATION INS CO LETTER INSURED Xrk8XX6M(AXX9PilXxJIRU,)Cx9 KKX MD0RANXxNRMRNRXXXI (xmmlRNmwRzxXXxxxxxxxx MARK TRAUTWEIN COMPANY C (�,HiJ88 LETTER V DBA• TRAUTWEIN CONSTRUCTION .... ....... ......._.._....- . ............ ... . 14046 SANTA ANA AVENUE COMPANY D FONTANA CA 92337 LETTER CNA PERSONAL b ADV. INJURY COMPANY E LETTER � - THIS IS TO CERTIFY THAT THE POLICES OFIN UR NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME T D 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. X) TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS E1STCY OF O`qA L�B pEC� ...... DRI NEWPORT BEACH �S RIyM4EDNADDIT RED. �, I RJAALIINU PROJECT - MARGUERITE AVE SEWER MAIN IMPROVEMENT PROJECT #3171. DATE (MMDD/YY) DATE (MMNDII'1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - .. 1.4 _. GENERAL W&UTY. ... .. .. .. ...... C1S277861 01122/97 01/22/99 GENERAL AGGREGATE .. $ .2,000,000 LEFT, BWX)M XXMX§ dARt; XSNFkXxx 7dx6t $(OC{t>xXNKRWP1EXDlM)MXRA10R RRXXXXXXXXXX j COMMERCIAL GENERAL LIABILITY Xrk8XX6M(AXX9PilXxJIRU,)Cx9 KKX MD0RANXxNRMRNRXXXI (xmmlRNmwRzxXXxxxxxxxx NEWPORT BEACH CA 92658 'EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM PROOUCTi�COMPIOP AGG. -E 1 QQQ QQQ EI CLAIMS MADE X OCCUR.: JOAN S. CAVANAGH < OACORID CORPORATION 1990 ,E PERSONAL b ADV. INJURY E 1,000,000 OWNERS M CONTRACTOR'S PROT. EACH OCCURRENCE E 1 , OOO , OOO FIRE DAMAGE (Any one fire) $ $Q,000 WED. EXPENSE (any one person) , f 1,000 ' B AUTOMOBILE 07825093 12101(97 12101/9$ ... .. COMBINED SINGLE . ...... _ .... .. . LIMIT 1,000,000 s ,_...X ANY AUTO ,..... X : ALL OWNED AUTOS ..... ......f. 8004Y INJURY . . ,,,: X SCHEDULED AUTOS (Per person) HIRED AUTOS X ........ BODILY INJURY . . .... X NON -OWNED AUTOS (Per axidenq :$ ' GARAGE LIABILITY .... ....... .. .... .... PROPERTY DAMAGE :$ C iEXCESS LIABILITY ° XEK B328S167 01/22/98 01/22199 EACH OCCURRENCE E1,000,QQQ ! )(;UMBRELLA FORM AGGREGATE .E 1,000,QQQ I OTHER THAN UMBRELLA FORM WORKERS COMPENSATION BTAT'.RMY IIMRE -' B s AND WCB 1 36936876 12/01/97 12(01(98 EACH ACCIDENT :f 1,000,000 ' DISEASE POLICY LIMIT f 1,000,000 EMPLOYERS' LIABILITY _.... ... EMPLOYEE DISEASE EACH EMPLOYEE �f 1 ,000,000 OTHER D; CONTRACTORS EQUIPMENT TBD 12/01/97 12/01/98 SPECIAL FOFM, PC 145,000 DEDUCTIBLE 500 E1STCY OF O`qA L�B pEC� ...... DRI NEWPORT BEACH �S RIyM4EDNADDIT RED. ..... ..__. ........... ..__. RE: I RJAALIINU PROJECT - MARGUERITE AVE SEWER MAIN IMPROVEMENT PROJECT #3171. CERTIFICATE HOLDER = - - ..,. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENWRJQ@TR)WOLXXXXXXX MAIL 30 'DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF NEWPORT BEACH ATTN: MIKE SINACORI LEFT, BWX)M XXMX§ dARt; XSNFkXxx 7dx6t $(OC{t>xXNKRWP1EXDlM)MXRA10R RRXXXXXXXXXX 33 NEWPORT BLVD Xrk8XX6M(AXX9PilXxJIRU,)Cx9 KKX MD0RANXxNRMRNRXXXI (xmmlRNmwRzxXXxxxxxxxx NEWPORT BEACH CA 92658 'EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM JOAN S. CAVANAGH < OACORID CORPORATION 1990 ,E I E TO: MAYOR AND CITY COUNCIL MEMBERS I January 12, 1998 City Council Agenda Item No. S -33 M FROM: PUBLIC WORKS DEPARTMENT APPROVE SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT CONTRACT NO. 3171 DISCUSSION: 1. Approve the Plans and Specifications for the construction of the Marguerite Avenue Sewer Main Improvement Project, Contract No. 3171. 2. Award Contract No. 3171 to Trautwein Construction of Fontana, California in the amount of $58,900.00 and authorize the Mayor and City Clerk to execute the . contract on behalf of the City. PROJECT DESCRIPTION: l�L The project includes constructing master planned improvements of sewer mains at the intersection of East Coast Highway at Marguerite Avenue. The main goal of the project will be to connect, with construction of approximately 130 feet of 12 -inch sewer main, a large portion of the Corona del Mar service area directly to the County Sanitation District's ( CSDOC) facility in Coast Highway. The project will eliminate the need for other improvements in the City facilities that are called for in the Master Plan. The project was planned for in future years; however, in preparation for Caltrans East Coast Highway Improvement Project, the project was expedited. The work to be performed under this contract includes three sewer manholes and approximately 130 feet of 12 -inch gravity sewer. The most difficult portion of the project will be the construction of the connection manhole at the CSDOC trunk. This portion of the project will be directly in the center of East Coast Highway and require a 20 -foot deep excavation. The attached sketch shows the project limits. SUBJECT: AWARD OIbNSTRUCTION CONTRACT FOR THE &GUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT, CONTRACT NO. 3171 January 12, 1998 Page 2 DISCUSSION: At 2:00 p.m. on January 9, 1998, the City Clerk opened and read bids for the Water Transmission Main Project. A summary of the results is listed below and a more detailed itemized bid summary is attached as Exhibit "A ": 1. Trautwein Construction, Fontana, CA ......... ............................... $ 58,900.00 2. Ken Thompson, Inc., Cypress, CA ............. ............................... $ 60,875.00 3. Highland Engineering, Peoria, AZ ............... ............................... $ 70,750.00 4. Paulis Engineering, Anaheim, CA ............... ............................... $ 100,675.00 THE LOW BIDDER: 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 good reputation in the contracting industry and has a significant amount of experience with similar pipeline construction projects, including their recently . completed projects for the City, the 30 -Inch Water Main Replacement on East Coast Highway and 24 -inch Water Main Replacement at the Arches Interchange. The insurance policies submitted by the contractor meet the City's requirements. Staff believes that the contractor will be able to complete the proposed work satisfactorily. PROJECT CONSTRUCTION MANAGEMENT: The project construction will be performed under the supervision of the City's Utilities Division staff acting as the construction manager. Specialty inspection for the welding of the steel pipe may also be required. SCHEDULE: The contract's time of completion for the project is 30 consecutive calendar days. The City's project schedule proposes that the contractor's work be completed by February 15, 1998. This is compatible with the schedule for Caltrans East Coast Highway Improvement project. is 0 SUBJECT: AWARD OF ASTRUCTION CONTRACT FOR THE MAOUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT, CONTRACT NO. 3171 January 12, 1995 Page 3 CONCLUSION: Award of the contract at this time will allow the contractor to complete the work prior to the start of work for the East Coast Highway Improvement project. 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 Wastewater Enterprise Fund under the Capital Project Account No. 7531 - 05600292 for the Sewer Main Master Plan Replacement Program. STAFF RECOMMENDATION Staff recommends that the City Council award this construction contract to the low bidder, Trautwein Construction, of Fontana, California. Respectfully submitted` /, /I � W PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR 6y: Michael J. 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