HomeMy WebLinkAboutTrautwein Construction, Inc.-2006-14 AGREEMENT FOR FURNISHING AND INSTALLING
SAN BERNARDINO 48"WATER SUPPLY PIPELINE RELOCATION PROJECT
This AGREEMENT is made and entered into this 23rd day of February, 2006, by and
between the CITY OF GRAND TERRACE, a municipal corporation hereinafter referred to as
"City," and Trautwein Construction, Inc., address 19792 El Rivino Road, Riverside, CA
92509State Contractor's License No.773764A, hereinafter referred to as "Contractor".
City and Contractor hereby agree as follows:
1. Contractor shall furnish all labor, materials, tools, equipment and incidentals
necessary for and shall perform the construction of the San Bernardino 48" Water Supply
Pipeline Relocation Project, in the City of Grand Terrace, in accordance with the Contractor's
proposal (hereinafter "the Work"), and shall guarantee the Work for a period of one year
following City's acceptance thereof against defects in labor and materials.
2. The Work shall be performed in accordance with the following Contract Documents:
Public Utilities Department, Water Engineering Division Drawings Nos.D5-0501686-1 through -
8; Standard Drawings; Notice Inviting Bids, Bid No. 06-01, any Addenda, the 2003 Edition of
the "Greenbook" Standard Specifications for Public Works Construction ("Standard
Specifications"), by the Public Works Standards, Inc.; Contractor's Proposal and applicable
portions of Schedule "A", and Bid Schedule "B",; Noncollusion Affidavit, Performance Bond
and Payment Bond; this Agreement and all other documents, maps, texts and items referenced in
the foregoing documents. These Contract Documents incorporated herein by reference and are
intended to be correlative and constitute Contractor's performance obligations. The provisions of
the Public Utilities Department Special Provisions ("Special Provisions") shall take precedence
over any conflicting provisions in the Standard Specifications and the specific terms and
conditions of this Agreement shall control and have precedence over any contradictory or
inconsistent terms or conditions included in any of the Contract Documents and shall be
controlling in questions of interpretation.
3. City shall pay Contractor the Contract Price of
Dollars ($1,775,661), which includes all California sales or use tax and County and City taxes,
for the performance of all of the Work according to the terms and conditions contained or
referred to herein, the completion of the improvements in strict conformity with the provisions
hereof and the guarantee of the Work and improvements for the periods set forth in the Contract
Documents. Progress payments shall be made in accordance with Section 9 of the Standard
Specifications as modified by the Special Provisions.
In accordance with Section 22300 of the California Public Contract Code, Contractor
may substitute securities for any moneys withheld by City to ensure performance of the Contract.
Such substitution shall be made at the request and expense of Contractor. Securities equivalent
to the amount withheld may be deposited with City or with a state or federally chartered bank as
escrow agent. Securities eligible for substitution shall include those listed in Section 16430 of
the Government Code,bank or saving and loan certificates of deposit.
Thirty-five days after City accepts the Work and files a Notice of Completion, City shall
pay Contractor the amounts City deducted and retained from its progress payments, except such
sums thereof which are required by law or authorized by the Contract to be further retained.
As a condition of the Contract, Contractor and all subcontractors shall secure a business
license to operate in the City of Grand Terrace, and shall also secure any other licenses or
permits which may be required.
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5. Contractor acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which is owed, or which becomes
owed,by Contractor to City, City reserves the right to withhold and offset said amounts from any
payments, refunds or reimbursements owed by City to Contractor under the Contract. Notice of
such withholding and offset shall promptly be given to Contractor by City in writing. In the
event of a dispute as to the amount owed or whether such amount is owed to City, City will hold
such disputed amount until either the appropriate appeal process has been completed or until the
dispute has been resolved.
6. Contractor shall not be compensated for any extra materials used or time expended,
over and above the Contract Price, unless prior written approval for the same has been granted
by City.
7. Prior to City's execution of this Agreement, Contractor shall furnish City completed
forms of the two surety bonds included within Bid #06-01 one as security for the faithful
performance of the Contract and one as security for the payment of all persons performing labor
and furnishing materials in connection with the Contract. Each bond shall be in the amount of
100% of the Contract Price and shall be subscribed by a corporate surety which is authorized to
transact surety insurance business in the State of California with a Policy Holder's Rating of B+
or higher, and a Financial Class of VII or higher.
Should any bond or surety become insufficient, Contractor shall furnish City a
new bond within 10 days after receiving notice from City. No payments will be due or paid
under the Contract until any and all bond deficiencies have been remedied.
8. Contractor shall commence the Work within Fifteen (15) calendar days after the date
specified in the Notice to Proceed issued by the City and complete all Work within two hundred
(200) calendar days after the commencement date specified in the Notice.
9. Failure of Contractor to complete the Work within the time allowed for each Phase
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. For each consecutive calendar day in excess
of the time specified for the completion of Work, as adjusted in accordance with Section 6-6 of
the Standard Specifications, Contractor shall pay to City, or have withheld from monies due
Contractor, the sum of One Thousand Dollars ($1,000.00). Execution of this Agreement shall
constitute agreement by City and Contractor that $1,000.00 per calendar day for is the minimum
value of the costs and actual damage caused by the failure of Contractor to complete the Work
within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty,
and may be deducted from payments due Contractor if such delay occurs.
10. By executing this Agreement, Contractor certifies that Contractor is aware of and
will comply with Section 3700 of the Labor Code of the State of California requiring every
employer to be insured against liability for Workers' Compensation or to undertake
self-insurance before commencing any of the Work. Contractor's Workers' Compensation
insurance shall be issued by an insurance company authorized to transact insurance business in
the State of California, with a Policy's Holder's Rating of B+ or higher, and a Financial Class of
VII or higher, or as otherwise acceptable to the City Risk Manager. Contractor shall comply
with Labor Code Section 1861 by signing and filing the Workers' Compensation Certification
with the City Attorney. Prior to City's execution of this Agreement, Contractor shall file with
City either (1) a certificate of insurance or self-insurance evidencing that such insurance is in
effect, or that Contractor is self-insured for such coverage; or (2) a certified statement that
Contractor has no employees, and acknowledging that if Contractor does employ any person, the
necessary certificate of insurance will immediately be filed with the City. Any certificate filed
with the City shall provide that City shall be given ten (10) days prior written notice before
modification or cancellation thereof.
11. Except as to the sole negligence, active negligence, or willful misconduct of City,
Contractor shall defend, indemnify and hold the City of Grand Terrace, City of Colton, City of
San Bernardino, Union Pacific Railroad Company, San Marco, L.P., Roofing Wholesale Co.,
Inc. and their officers and employees,harmless from any and all loss, damage, claim for damage,
liability, expense or cost, including attomey's fees, which arises out of or is in any way
connected with the performance of Work under this Agreement by Contractor or any of the
Contractor's employees, subcontractors or agents and from all claims by Contractor's
employees, subcontractors, or agents for compensation for services rendered to Contractor in the
performance of this Agreement, notwithstanding that City may have benefited from their
services. This indemnification provision shall apply to any acts or omissions, willful misconduct
or negligent conduct, whether active or passive, on the part of Contractor or any of the
Contractor's employees, subcontractors or agents.
The parties expressly agree that any payment, attorney fee, costs or expense City incurs
or makes to or on behalf of an injured employee under City's self-administered Workers'
Compensation program is included as a loss, expense or costs for the purposes of this Section,
and that this Section shall survive the expiration or early termination of the Contract.
12. Prior to City's execution of this Agreement, Contractor shall secure, and shall
thereafter maintain until completion of the Contract, such commercial general and automobile
liability insurance as shall protect Contractor from claims for damages for personal injury,
including accidental death, as well as from claims for property damage which may arise from or
which may concern operations under the Contract, whether such operations be by or on behalf of
Contractor, any subcontractor or anyone directly or indirectly employed by, connected with or
acting for or on behalf of any of them.
All liability insurance shall be issued by an insurance company or companies authorized
to transact liability insurance business in the State of California, with a Policy Holder's Rating of
B+or higher, and a Financial Class of VII or higher.
Contractor's policy for commercial general liability shall cover both bodily injury
(including death) and property damage(including but not limited to premises-operations liability,
products-completed operations liability, independent contractors liability, personal injury
liability, and contractual liability), in an amount not less than $1,000,000 per occurrence limit,
$2,000,000 aggregate limit.
Contractor's automobile liability policy shall cover both bodily injury (including death)
and property damage in an amount not less than $1,000,000 per occurrence limit, unless
otherwise approved by the City's Risk Manager, or his designees. These minimum amounts of
coverage shall not constitute any limitation or cap on Contractor's indemnification obligation.
Policies or original certificates of insurance and completed forms of the Additional
Insured Endorsement included within Bib No. 06-01 (or insurance company equivalent
acceptable to City) evidencing the coverage required by the Contract for both automobile and
general liability, which coverage is more particularly set forth in Section 7-3 of Bid No. 06-01
Specifications, shall be filed with City and shall include City as an additional insured. The
policy or policies shall be in the usual form of public liability insurance, but shall also include
the following provisions:
Solely as respects work done by or on behalf of the named insured for the City of Grand Terrace,
it is agreed that the City of Grand Terrace, City of Riverside, County of San Bernardino, San
Bernardino Flood Control District and Union Pacific Railroad Company and their officers,
employees and agents,are added as additional insureds under this policy. It is further agreed that
the other insurance conditions of the policy are amended to conform herewith.
The policies shall not be canceled unless thirty(30) days'prior written notification of intended
cancellation has been given to City by certified mail.
13. Pursuant to Section 1720 et seq. of the California Labor Code, Contractor and all
subcontractors are required to pay the general prevailing rates of per diem wages and overtime
and holiday wages determined by the Director of the Department of Industrial Relations and
implemented by Resolution No. 13346 of the City Council of the City of Grand Terrace. The
Director's determination of prevailing rates is on file and open to inspection in the office of the
City Clerk and is referred to and made a part hereof; the wage rates therein ascertained,
determined and specified are referred to and made a part hereof as though fully set forth herein.
14. Contractor is aware of and stipulates that Contractor will also comply with the
following sections of the California Labor Code:
(A) §I775 prescribing sanctions for failure to pay prevailing wage rates;
(B) §1776 requiring the making, keeping and disclosing of detailed payroll records
and prescribing sanctions for failure to do so;
(C) §1777.5 prescribing the terms and conditions for employing registered
apprentices;
(D) §1810 providing that eight hours of labor shall be a days work; and
(E) §1813 prescribing sanctions for violations of the provisions concerning eight-hour
workdays and forty-hour workweeks.
15. Except as provided in Section 12940 of the California Government Code, during
Contractor's performance of the Contract, Contractor shall not discriminate on the grounds of
race, religious creed, color, national origin, ancestry, age, physical handicap, medical condition
including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any
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condition related thereto, marital status, sex or sexual orientation in the selection and retention of
employees and subcontractors and the procurement of materials and equipment. Contractor shall
also conform to the requirements of the Americans with Disabilities Act in the performance of
the Contract.
16. Service of any notices,bills, invoices or other documents required or permitted under
the Contract shall be sufficient if sent by one party to the other by United States mail, postage
prepaid and addressed as follows:
City Contractor
City of Grand Terrace Trautwein Construction, Inc.
Thomas Schwab, City Manager Mark Trautwein,President
22795 Barton Road 19792 El Rivino Road
Grand Terrace, California 92313 Riverside, CA 92509
17. Any action at law or in equity brought by either of the parties hereto for the purpose
of enforcing a right or rights provided for by this Agreement shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereby
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
18. The individuals executing this Agreement and the instruments referenced herein on
behalf of Contractor, each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof and thereof.
19. This Agreement constitutes the final, complete, and exclusive statement of the terms
of the agreement between the parties pertaining to the subject matter of this Agreement and
supercedes all prior and contemporaneous understandings or agreements of the parties. Neither
party has been induced to enter into this Agreement by, and neither party is relying on, any
representation or warranty outside those expressly set forth in this Agreement.
20. Each provision, term, condition, covenant and/or restriction, in whole and in part, in
this Agreement shall be considered severable. In the event any provision, term, condition,
covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid,
unconstitutional, or void for any reason, such provision or part thereof shall be severed from this
Agreement and shall not affect any other provision, term, condition, covenant and/or restriction
of this Agreement and the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly
executed on the day and year first above written.
CITY OF GRAND TERRACE, Trautwein Construction, Inc.,
a municipal corporation a California corporation
By: . By:
City Manager
Mark Trautwein, President
Attest: (64O�vt G7.�� By: i '!CL't/ 4LG
City Clerk
Mark Trautwein, Secretary
APPROVED AS TO FORM:
Ja kola
By by Crty A.; ey
GENERAL SPECIFICATIONS
SCOPE OF CONTRACT
SCOPE OF WORK AND CONTRACT:
A. The work includes: Installation of 4,889 LF of 48" CML&C steel or ductile iron pipeline,
including two bore and jack locations, and the installation of 181 LF of 24" CML&C steel or ductile
iron pipeline. The work includes connecting to existing water pipelines owned by the City of Riverside.
The contractor shall provide all equipment, labor, materials, and incidentals necessary for furnishing and
installing the proposed facilities per plans and specifications.
B. The performance of the contract may not be assigned or subcontracted except upon written
consent of the City. No such assignment shall be permitted which would relieve the original contractor
or his surety of responsibility under the contract.
C. Liability of City Employees: The City of Grand Terrace, City officers and employees shall
not be responsible for any liability arising under the terms of this contract.
D. The right of the City of Grand Terrace to generally supervise and review the work of the
contractor, shall not make the contractor an agent of the City of Grand Terrace.
E. Besides guarantees required elsewhere in these documents, if any, the contractor shall, unless
otherwise waived by the City, and hereby does guarantee all work for a period of one (1) year after the
date of acceptance of all work by the City, and shall repair and replace any and all such work, together
with any other work which may be displaced in doing so, that may prove defective in workmanship
and/or materials within one (1) year period from the date of acceptance, without expense whatsoever to
the City, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to
comply with the aforementioned conditions within seven (7) days after being notified in writing, or in
the event of an emergency, the City is hereby authorized to proceed to have the defects repaired and
made good at the expense of the contractor, who hereby agrees to pay the cost and charges therefor
immediately on demand.
F. The City of Grand Terrace expects at all times, first class workmanship in accordance with
generally accepted standards. The City shall at all times have access to the work and shall be furnished
with every reasonable facility for acquiring full knowledge respecting the progress, workmanship, and
character of materials used and employed in the work. The inspection of the work shall not relieve the
contractor of any of his obligations to fulfill the contract as prescribed. All materials and work are
subject to inspection by the City, and any portion deemed defective or substandard, shall be replaced at
the contractors expense. The contractor shall give efficient supervision to the work, using his best skill
and attention and shall provide and keep on the work at all times during its progress.
G. If any person employed by the contractor or any subcontractor shall fail or refuses to carry
out the directions of the City, or is in the opinion of the City, incompetent, unfaithful, intemperate, or
disorderly, or uses threatening or abusive language to any person on the work representing the City, or is
otherwise unsatisfactory, at the instruction of the City, the contractor shall remove the employee from
the work immediately, and the employee shall not again be assigned work under the terms of this
contract, except by written consent of the City.
H. The Contractor shall furnish samples of all materials as are requested by the City, without
charge. No material shall be used until it has been approved by the City. Samples will be secured and
tested whenever necessary to determine the quality of the material.
I. Maintenance or construction operations shall be conducted in such a manner as to cause as
little inconvenience as possible to abutting property owners. Water or dust palliative shall be applied as
necessary for alleviation or prevention of dust nuisance caused by the contractor's operations.
Convenient access to driveways, houses, and buildings along the line of work shall be maintained at all
times unless otherwise approved by the City in writing.
J. The contractor shall furnish, erect and maintain such lights, barricades, bridges and other
devices as required to maintain public safety. Should the City point out the inadequacy of warning
devices, such actions shall not relieve the contractor of responsibility for public safety, nor abrogate his
obligation to furnish and pay for these devices. Should it be determined, during hours other than work
hours, and the contractor is unavailable, that existing warning devices are inadequate, the City may
furnish and erect such additional devices as may be necessary, and the contractor shall pay for said
additional devices at the rate prescribed by the City. All construction signs to be used on the job site and
on the approaches to the job site, shall conform to those standards set forth by the State of California,
Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest
edition. No material or equipment shall be stored where it will interfere with the safe passage of public
traffic, and at the end of each day's work and at other times when maintenance or construction
operations are suspended for any reason, the contractor shall remove all equipment and other
obstructions from that portion of the roadway open for use by the public. Spillage resulting from
hauling operation along or across any public traveled way shall be removed promptly. Whenever the
contractor's operations require one-way traffic or create a condition hazardous to the public traffic, he
shall provide and station competent flagmen whose sole duties shall consist of directing the movement
of traffic through or around the work. Full compensation for providing said flagmen shall be considered
as included in the unit price bid for each item of work.
K. The City shall attempt, whenever possible, (except during emergency situations) to minimize
numerous move-ins by the contractor, by directing accumulated necessary work in full day increments,
allowing the contractor efficient use of machinery and personnel.
L. Unusual conditions may arise on the work which will require that immediate and unusual
provision be made to protect the public from danger or loss or damage to life and property, due directly
or indirectly to the prosecution of the work, and it is part of the service required of the contractor to
make such provisions and to furnish such protection. The contractor shall use such foresight and shall
take such steps and precautions as his operations make necessary to protect the public from danger or
damage or loss of life or property, which would result from the interruption or contamination of public
water supply, irrigation or other public service or from the failure of partly completed work.
M. The contractor is responsible for the protection of any utilities and for any damage to any
such utility during the prosecution of the work. Any damage to a utility shall be repaired to the
satisfaction of the organization owning the facility. The City reserves the right, if so requested by the
owner, to permit the owner to repair such damage, and all expenses of whatever nature arising from such
damage shall be borne by the contractor. If any underground work is required, the contractor is bound to
contact the Underground Service Alert 1-800-422-4133, two (2) working days prior to digging.
Contractor shall retain the assigned permit number, as issued by Underground Service Alert, as evidence
said notification took place.
N. Trees and shrubbery, pole lines, fences, signs, survey markers and monuments, buildings,
structures, conduits, pipelines, manholes, and other improvements and facilities adjacent to the work
shall be protected from injury or damage and if ordered by the City, the Contractor shall provide and
install suitable safeguards to protect such objects from injury or damage. If such objects are injured or
damaged by reason of the contractor's operation, they shall be replaced or restored to a condition as
good as when the contractor entered upon the work.
O. Nothing contained in these documents shall be interpreted as granting to the contractor
exclusive occupancy of the construction site for the work. Should construction be under way or
subsequently begin by other forces or by other contractors within or adjacent to the limits of the work, or
in the vicinity of the work to be done under this contract, the contractor shall so conduct his operations
as to interfere to the least possible extent with the work of such other forces or contractors.
P. The contractor shall perform all work on an as needed basis as requested and authorized in
writing by the City. All work requested shall be itemized on a Work Request Form issued by the City to
the Contractor.
Q. Work during and after normal work hours, on weekends, and holidays may be requested and
authorized in case of emergency only by the City or the San Bernardino County Sheriffs Department.
Contractor shall itemize time, materials, and equipment used on each task performed. Contractor shall
furnish the City with a minimum of two (2) telephone numbers where the contractor's representative can
be reached during and after normal working hours, on weekends and holidays.
R. The contractor shall respond to normal requests within twenty four (24) hours after receiving
a written request from the City. The contractor shall respond to emergency work requests within thirty
(30) minutes after receiving a verbal request from the City or the San Bernardino County Sheriff's
Department. The City reserves the right to extend the response time based on the needs of the City.
S. All portions of existing structures or facilities which are damaged or altered in any way as a
result of the performance of work under this specification during the term of the contract, shall be
repaired or replaced in kind and in an approved manner. Such repair or replacement shall be performed
by the contractor at no cost to the City, and shall be accomplished as directed by the City. Repairs to
facilities shall be made immediately after damage or alteration occurs, unless otherwise directed.
T. If the Contractor fails to meet the specifications of this contract, the City may at its option
terminate the balance of this contract by written notice of termination to the contractor.
CORPORATE CERTIFICATE
I, Mark Trautwein , certify that I am the Secretary for the corporation named as
Contractor in the foregoing Agreement; that Mark Trautwein who signed said Agreement
on behalf of Contractor was then of said corporation; and that said Agreement was duly signed
for and on behalf of said corporation by authority of its Governing Body and is within the scope
of its corporate powers.
By: �� L
Mark utwein
(Corporate Seal)
WORKERS' COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and
1861:
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 on this
contract.
Date: March 3, 2006 Contractor: ,/TTrrrautwein Construction
BY: /�'/�""{- t`////
Title: Mark Trautwein, President
ATTEST:
BY:
Signature
Title:
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CITY OF GRAND TERRACE
CONTRACTOR CUSTOMER SERVICE STANDARDS
ACKNOWLEDGMENT
Customer Service is important to the City of Grand Terrace and has resulted in the adoption of our motto and
mission statement:
"People Serving People"
The City of Grand Terrace will provide high quality
Municipal Services in a responsive and cost-effective manner.
The City and its Contractors shall at all times strive to represent the City in a professional, courteous, friendly,
efficient and cost-effective manner. The following customer service standards shall be enforced by
contractors:
1. Abide by the City's mission statement and customer standards as noted herein.
2. Furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to
the satisfaction of the director/designee, all work required under the Contract.
3. Have competent working supervisors on the job at all times work is being performed who are capable of
communicating and discussing effectively, both in written and oral English, matters pertaining to the
Contract.
4. Remove from the work site any employees deemed careless, incompetent, or who generate multiple
customer service complaints.
5. Have supervisor carry identification which clearly indicates to the public the name of the Contractor
responsible for the project.
6. Have Contractor's vehicles assigned to the project clearly identified.
7. As applicable, with department's approval, issue a notice in business and residential areas in advance of
project commencement stating work project, general time frame, company name, telephone number, job
site contact person, City contact person and telephone number.
8. Endeavor to maintain good public relations at all times. Conduct work in a proper and efficient
manner to create the least possible inconvenience to the general public.
Bidder recommended for award shall return signed copy of this form to the Purchasing Services manager prior
to bid award recommendation.
Company Name: Trautwein Construction
Authorized Representative(Please 'nt): Mark Trautwein
Signature: 771l9N� - Date: March 3, 2006
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Bid No. 06-01
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EXECUTED IN DUPLICATE
PERFORMANCE BOND
Bond No. 6402127
Premium: $18,298.00
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS on ,2005,the CITY OF GRAND TERRACE("CITY")awarded toTRAUTVEIN CONSTRUCTION., INC.
("PRINCIPAL") a contract for performance of work described as Agreement for Furnishing and Installing_San Bernardino 48"
Water Supply Pipeline Relocation Protect; BID NO. , ("CONTRACT") the terms and conditions of which are incorporated
herein by reference;and
WHEREAS the CONTRACT requires PRINCIPAL to furnish this Performance Bond ("BOND") to guarantee
PRINCIPAL'S faithful performance of all provisions of the CONTRACT;and
WHEREAS FIRST NATIONAL INSURANCE COMPANY OF AMERICA ("SURETY"), a corporation legally
authored to execute and furnish performance bonds as sole surety in the State of California, is willing to act as PRINCIPALS
SURETY in the making and giving of this BOND;
NOW,THEREFORE,we PRINCIPAL and SURETY hereby hold and firmly bind ourselves to pay to CITY in lawful United States
currency the principal sumofONE MILLION SEVEN HUNDRED* Dollars($1,775,661.00),for which payment well and truly to
be made to CITY or CITY'S successors or assigns we hereby bind ourselves and our heirs, legal representatives, successors and
assigns,jointly and severally,fnndy by these presents. *SEVENTY—FIVE THOUSAND SIX HUNDRED SIXTY-ONE NO/100
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL'S heirs, legal representatives,successors or assigns
shall in all things stand to,abide by, and well and truly keep and faithfully perform all of the covenants, conditions and promises in
the CONTRACT,including its work Guaranty,and all alterations thereof made as therein provided on PRINCIPALS part to be kept
and performed at the time and in the manner specified therein, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless CITY and CITY'S officers,employees and agents as therein specified,then this obligation shall
become null and void;otherwise,it shall be and remain in full force and binding effect.
SURETY hereby agrees that no change in the terms of the CONTRACT'or the work to be performed thereunder,or any extension of
time for completion thereof shall in any way relieve it of its obligations under this BOND,and hereby waives notice of any change
or extension thereof,and further waives the provisions of California Civil Code Sections 2819 and 2845.
If lawsuit is brought by CITY on this BOND, PRINCIPAL and SURETY shall pay to CITY, over and above the principal sum
hereof,reasonable costs and attorneys'fees which the court is hereby authorized to award.
IN WITNESS WHEREOF we sign and seal this BOND on MARCF 1, 2006
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Correspondence or claims relating to this BOND TRAUTWEIN CONSTRUCTION, INC.
should be sent to SURETY at the following Principal
address:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
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120 VANTIS SUITE 130
Mark T twein, President
ALISO VIEJO, CA 92656 Typed Name and Title
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
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Telephone Number (949) 860-6609 �1�
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(Seal)
Note:Signatures of those executing for SURETY Ah megin-Fac
must be acknowledged by a Notary Public,and a Power
of Attorney attached. MTCHAA D. STONC, ATTORNEY-IN-FACT
Typed Name and Title
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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0 I M4 Nation Notary Anroaeon•9350 De Solo Aye_PO Boa 2902•Cnarseonh.CA 9131 y2402 mnw na Ilominmaryorp nrod No 5907 Reorder Call Free 1800e76e027
PAYMENT BOND
Bond No. 6402127
EXECUTED IN DUPLICATE
Premium: INCLUDED IN
KNOW ALL PERSONS BY THESE PRESENTS THAT: PERFORMANCE BOND
WHEREAS on February 23_2006,the CITY OF GRAND TERRACE("CITY") awarded tOTRAUTWEIN CONSTRUCTION, IkTC.
('PRINCIPAL") a contract for performance of work described as Agreement for Furnishing and Installing San Bernardino 48"
Water Supply Pipeline Relocation Project; BID NO. 06-01, ("CONTRACT") the terms and conditions of which are incorporated
herein by reference;and
WHEREAS the CONTRACT requires PRINCIPAL to furnish this Payment Bond ("BOND") to secure payment of the claims of
persons described.in California Civil Code Section 3248(b);and
WHEREAS FIRST NATIONAL INSURANCE COMPANY OF AMERICA ("SURETY''),a corporation
legally authorized to execute and furnish payment bonds as sole surety in the State of California, is willing to act as PRINCIPAL'S
SURETY in the giving of this BOND;
NOW, THEREFORE, we PRINCIPAL and SURETY hold and firmly hind ourselves unto CITY and all persons and entities
described in California Civil Code Section 3248(b)whose claims are not paid by PRINCIPAL in the total* Dollars($ * ),
for which payment well and truly to be made we bind ourselves and our heirs,legal representatives,successors and assigns,jointly
and severally,firmly by thesepreseots*ONE.' MILLION SEVEN HUNDRED SEVENTY—FIVE THOUSAND SIX HUNDRED
SIXTY—ONE AND NO/100 ($1 ,775,661.00)
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL'S successors, assigns or subcontractors fail to pay
any of the persons described in California Civil Code Section 3191,any amounts due under the California Unemployment Insurance
Code with respect to work or labor performed under the CONTRACT or any amounts required to be deducted, withheld and paid
over to the California Employment Development Department from the wages of employees of PRINCIPAL and PRINCIPALS
subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, SURETY
will pay for the same in an amount not exceeding the sum stated above,plus all costs and reasonable attorneys'fees awarded by any
court of competent jurisdiction in any lawsuit brought upon this BOND.
THISBOND SHALL INURE TO the benefit of all persons and entities described in California Civil Code Section 3248(b)so as to
give them or their assigns a right of action in any lawsuit brought upon this BOND, and is executed and filed to comply with the
Public Works Payment Bond provisions of Chapter 7, Title 15, Part 4,Division 3 of the California Civil Code (commencing at
Section 3247)and all amendments thereto,which provisions and requirements arc incorporated herein by this reference.
IN WITNESS WHEREOF we sign and seal this BOND on N ARCH 1 , 2006
Correspondence or claims relating to this BOND TRAUTWEIN CONSTRUCTION, INC.
should be sent to SURETY at the following Principal
address:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA By
pp (Seal)
120 VANTIS SUITE 130 Mark TP wein, President
ALISO VIEJO, CA 92656 Typed Name and Title
(949) 860-6609 FIRST NATIONAL INSURA 'CE COMPANY OF AMERICA
(949) 860-6609 Sure '
Telephone Number
A Oct /� (Seal)
Note:Signatures of those executing for SURETY A y-in-Fact .?
must be acknowledged by a Notary Public,and a Power
of Attorney attached. MIC EL D. STONG, ATTORNEY—IN—FACT
Typed Name and Title
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
N
( County of RIVERSIDE ss.
�" On 31 ( 1 (AO , before me, R. CISNEROS R,
Dale Name and Title of Officer le g..'Jane Doe_Nolary Public B
personally appeared
MICHAEL D. STONG s
Namels)of signer(s) T
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F'I ❑ proved to me on the basis of satisfactory
evidence s
1 to be the person�sj'whose name/.is/. S
1 i �„�,ezy R.CISNEROS subscribed to the within instrument and
P �E(1 -;4 COMM. #1488731 acknowledged to me that he/she/they executed p
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225 \\��nnAIN� RIVERSIDE COUNTY I the same in hIS/IiBF/�pEfr authorized
My Comm.Expires June 7,2008 capacity(iee), and that by his/hor/thoir
signature(,vron the instrument the person(,$'or
ij ij the entity upon behalf of which the person(()
acted, executed the instrument. 4
fii TNESS my hand and official seal.
44, '- CC/Se-net/0—Q,—) T
Place Notary Seal Above Signature of Notery Public K
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f} Though the information below is not required by law, it may prove valuable to persons relying on the document
2 and could prevent fraudulent removal and reattachment of this form to another document
fiDescription of Attached Document
fi Title or Type of Document: xig
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fi Document Date: Number of Pages: _ AR
p, Signer(s) Other Than Named Above:
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0 1599 National Notary Aasonalm•050 Be Soto Aye..P.O.Box 2402•Chauwo,R CA 913112102•www..namoalnomry o:9 Pmd No.59W Reorder Ca IF TourreetRQo 9mba21
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SAFECO POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY Po BOX 34526
FIRST NATIONAL SURETY SEATTLE,WA 96124-1525
PO BOX 34526
SEATTLE,WA 98124-1526
No. 6966
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
"""""''•"""•••MICHAEL D.STONG;ROSEMARY CISNEROS;SHAWN BLUME;SUSAN C.MONTEON;Riverside,Califon•
its true and lawful attomey(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 et its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 30th day of June , 2004
FMLt. /Ac 5�
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
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 26, 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 pursuantthereto,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, Christine Mead.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 Attomey issued pursuant thereto,are true and correct,and that both the By-Laws,the
Resolution and the Power of Attomey ere still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation �pj
this I days M CULC .— . 9.60Sv
` pwkNe0F dot
i
SEAL CaThr
e 1 wm0 14,,E
ite
• • CHRISTINE MEAD,SECRETARY
S-1049/FNEF 7198 soA registered trademark of SAFECO Corporation
06/3012004 PDF
•
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•
GENERAL AND/OR AUTOMOBILE LIABILITY
ADDITIONAL INSURED ENDORSEMENT
CITY OF GRAND TERRACE
Named Insured and Address: Trautwein Construction,Inc
19792 El Trivino Road
Riverside,Ca 92509
General description of agreement(s)and/or activity(s)insured:AGREEMENT FOR FURNISHING AND
INSTALLING SAN BERNARDINO 48"WATER SUPPLY PIPELINE RELOCATION PROJECT,BID NO.
06-01
Notwithstanding any inconsistent statement in the policy to which the endorsement pertains or in any endorsement now or hereafter
attached thereto,it is agreed as follows:
1.The city of Grand Terrace,City of Riverside,Count of San Bernardino,Union Pacific Railroad Company, San Bernardino County
Flood Control District, and their officers, employees and agents are additional insured thereunder in
relation to those operations, uses, occupations, acts, and activities described generally above with
regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary,and not contributing with any other insurance maintained by the additional insured.
3.The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits
of the company's liability.
4. The policy shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written
notice to the Risk Manager of the City of Riverside by certified mail,return receipt requested,not less than thirty(30)days prior to
the effective date thereof
ADDRESS CANCELLATION NOTICE AS FOLLOWS: ISSUE ENDORSEMENT TO:
City Attorney City Attorney
City of Grand Terrace City of Grand Terrace
City Hall,22795 Barton Road City Hall,22795 Barton Road
Grand Terrace,California 92312-5295 Grand Terrace,California 92312-5295
Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend
any of the limits,agreements,or exclusions of the policy.
Endorsement No.1 Effective Date: 12/1/2005 Policy No.:LHA 129000
TYPE OF COVERAGE TO WHICH POLICY PERIOD LIMITS OF LIABILITY:
THIS ENDORSEMENT ATTACHES FROM: 12/01/05 TO: 12/01/06 $1,000,000 each occurrence
Commercial General Liability $2,000,000 general aggregate
The following inclusions,exclusions or specific provisions relate to the above coverage.Aggregate limits and
separate deductibles, if applicable,are to be noted after the stated coverage. (Attach additional pages if space is insufficient.)
Scheduled items or locations are to be identified on an attached sheet.
(SEE REVERSE SIDE)
•
•
•
INCLUDES:
(x) Premises&Operations (x) Incidental Medical Malpractice
(x) Contractual Liability (x) Explosion Hazard
(x) Independent Contractors (x) Collapse Hazard
(x) Products/Completed Operations (x) Underground Hazard
(x) Broad Form Property Damage ( ) Garagekeepers Legal Liability
(x) Personal Injury (Primary)$
(x) Broad Form Liability Endorsement ( ) Owned Automobiles
(x) Fire Legal Liability ( ) Non-owned Automobiles
(x) Watercraft Liability ( ) Hired Automobiles
() ()
EXCLUDES:
DEDUCTIBLE: A deductible —If of$7,500 applies to Commercial General
Liability coverage.
DEDUCTIBLE APPLIES PER CLAIM( ),PER OCCURRENCE(x).
Landmark American Insurance Company
Insurance Company
945 E Paces Ferry Road,Suite 1800
Address
Atlanta.GA 30326
I, Joan S. Cavanagh (type or print name)hereby declare under penalty of perjury,under
the laws of the State of California,that I have the authority to bind the above-named insurance company to this endorsement and by
my execution hereof,do so bind said company.
a � na
Sig ture of Authorized Representati .
(0 ginal Signature only,No Facsimile Signature or Initialed
Si nature Accepted)
Executed at,601-A Lunar Ave..Brea.Ca 92821 ,on March 1 2006
Phone No.:(714)256-9600
•
GENERAL AND/OR AUTOMOBILE LIABILITY
ADDITIONAL INSURED ENDORSEMENT
CITY OF GRAND TERRACE
Named Insured and Address: Trautwein Construction,Inc
19792 El Trivino Road
Riverside,Ca 92509
General description of agreement(s)and/or activity(s)insured:AGREEMENT FOR FURNISHING AND
INSTALLING SAN BERNARDINO 48"WATER SUPPLY PIPELINE RELOCATION PROJECT,BID NO.
06-01
Notwithstanding any inconsistent statement in the policy to which the endorsement pertains or in any endorsement now or hereafter
attached thereto,it is agreed as follows:
1.The city of Grand Terrace,City of Riverside,Count of San Bernardino,Union Pacific Railroad Company, San Bernardino County
Flood Control District, and their officers, employees and agents are additional insured thereunder in
relation to those operations, uses, occupations, acts, and activities described generally above with
regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary,and not contributing with any other insurance maintained by the additional insured.
3.The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits
of the company's liability.
4. The policy shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written
notice to the Risk Manager of the City of Riverside by certified mail, return receipt requested, not less than thirty(30)days prior to
the effective date thereof.
ADDRESS CANCELLATION NOTICE AS FOLLOWS: ISSUE ENDORSEMENT TO:
City Attorney City Attorney
City of Grand Terrace City of Grand Terrace
City Hall,22795 Barton Road City Hall,22795 Barton Road
Grand Terrace,California 92312-5295 Grand Terrace,California 92312-5295
Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend
any of the limits,agreements,or exclusions of the policy.
Endorsement No.1 Effective Date: 12/1/2005 Policy No.:CBP 9544932
TYPE OF COVERAGE TO WHICH POLICY PERIOD LIMITS OF LIABILITY:
THIS ENDORSEMENT ATTACHES FROM: 12/01/05 TO: 12/01/06 $1,000,000 CSL
Automobile Liability
The following inclusions,exclusions or specific provisions relate to the above coverage.Aggregate limits and
separate deductibles,if applicable,are to be noted after the stated coverage.(Attach additional pages if space is insufficient.)
Scheduled items or locations are to be identified on an attached sheet.
(SEE REVERSE SIDE)
11)
INCLUDES:
O Premises&Operations ( ) Incidental Medical Malpractice
O Contractual Liability ( ) Explosion Hazard
O Independent Contractors ( ) Collapse Hazard
O Products/Completed Operations ( ) Underground Hazard
O Broad Form Property Damage ( ) Garagekeepers Legal Liability
O Personal Injury (Primary)$
O Broad Form Liability Endorsement (x) Owned Automobiles
O Fire Legal Liability (x) Non-owned Automobiles
O Watercraft Liability (x) Hired Automobiles
() ()
EXCLUDES:
DEDUCTIBLE: A deductible 'f:,.o _ v 6 t )of$ 1,000 applies to Commercial Auto
coverage.
DEDUCTIBLE APPLIES PER CLAIM(x),PER OCCURRENCE( ).
Golden Eagle Insurance Comoration
Insurance Company
601-A Lunar Ave.
Address
Brea,Ca 92821
I, Joan S.Cavanagh (type or print name)hereby declare under penalty of perjury,under
the laws of the State of California,that I have the authority to bind the above-named insurance company to this endorsement and by
my execution hereof,do so bind said company.
! ✓.
Si;.,sure of Authorized Representati
( 'ginal Signature only,No Facsimile Signature or Initialed
Signature Accepted)
Executed at,601-A Lunar Ave.,Brea,Ca 92821 ,on March 1 2006
Phone No.:(714)256-9600