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HomeMy WebLinkAboutC-2105 - El Capitan Drive sidewalk constructionTHE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: June 4, 1980 ....... ......................... ...... ... I certify (or declare) under penalty of perjury that the i and correct. Dated at Newport this 4 day of Junel9 D i Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy„ Corona del Mar., California 92625. This spo_-e is for the County Clerk's Filing Stamp A Notice Proof of Publication of Bids - E1 Captian CITY OPLtFN BEACN. CALIFORNIA NOTICE D7WTxiGBID8 SEALED D BIDS will l received City at the . office of ea City Cork, City f2:W Newport Beach, California. votil 2:20 p.m.!) determmM by .1fa c. time dgnaf) � the 16th day of Ime, 1980.' et wblch Yana t= arm he passed and CONTRACT NO. 2109 Bids meet be submitted on the pro- peed loan attached with the contract deci mints famished by the Pettus, Works Deportment. The additional copy of the proposal torn is to be n salved by the bidder Iur, his m «vends. Each bid meat b...orposied by cash, certified check or Bidder'. Bod, made payable to the City of Newport Beach, for an i ma at areal to at Iwst 10 percent of the amount bid. The title W the project sad the words "SEALED BID" shall be clearly marked on the outside of the onvolop contso. ivp the bid. The contract documents that meet be completed, anecated. aad yet ... d to the waled bid am: A. proposal B. Designation of Subcontractor C. Bidder'. Blood D. No....BmWn Afhdaylt E. Statement of Tmancol. Res ara. sibWty T. Technical Ability and Exportmma Raonocm Thee docum .b shed be efilsed with the sigsaore and tithes of the par won sipvinp on behalf of the bidder. Tor corpomtiov, the d'somms d the Peskiest em Visa Preddent and Secrets, or Asebtant Secretary are m- Wired sod! the Caproale Sw) shaft be .Rued to ell domrmmL mequYinp denatures. te the cam of a Permer ship, the denature of at lead nae emaral prier b mageimed. No bids will be accepted I. a cov- tractor be bay not been hcscwd to ...,do.. with a. pm elsone W Chapter 9, Neaten W of the Badnas east Profesdom Code. The cwtremtom shelf arms his lipase cumber and cosiflcation o the propose). Co. yet of plew and contract doeome.b, iaeludmo special psoeb .ions, may be oblamed at the Public Works Department, City Nall, Newport Bich, CJiorno, rot vo cast m Moms• d ccrm.cor.. It is r.rusaised'Poit'(be .d• PROOF OF PUBLICATION 7 gp9L.0s 0 The City her a?oprad eb 8teadard Spxj3atim Lea L.M. Wank. Corm, ayuction OM BdllNaj se lualses by the Southern Callferela Chapten d the American Public Work. Ataociation and the Associated Gam.al Coabac- toin of America. Copies may be obWn- d from Building News, Inc., 3098 Oarlend A a.�'L. An;elee, CaW., 90034, (213) 870 9871. The City has adoptd Standard Spacial Pmsleanm sad Standard Draw. peFuible "to Oi CBy loe'tWAM A, eoraaa pare Th— hw icon.. urn ty ..�..,we........r.s..a. For sm required bandy the oom- May Jarring bid bonds, klare and reasserted hods, and "Abdul pes- farmance bonds moat be u Impressive, compm) or sarey company Bremner! by the Suite of CalNorWa. le accordancb with the ➢insurance of Article 2, Chapter 1, Part T of the Ca Words labor, Code (Ssctims 1770 et. sec.), the Director. d indvralsl A tioce has aewrrabd the gesesal pnvaillnq rale d per dM0 wages le the locality an which the work is b be "dormd for each craft, clametica- u®, or ypa of workmen or meohaeto nedd to eucnte the condraet. A copy d said debrminafton Is evadable in We office of the City Clark. AB Par. tles to the contract abhll be;oseraed ly Prostitute of the CaWesmia Latina, Cdr meting an pawn pne, wage rates (Sections IM7981 hic asisa). The contractor shut be responsible lei compllsnce wfh Section 1777.9 d the b . Cubic. Loo. Code for appnn: Would.oconmftom. The coutracler shag pat a copy d the presidium; wage rata at the job site Copies may be obwwd from the Public Work. Depardm ant. The City numerous the right to reject any or all bids and to ware any In- formaliyin such bids. Publish: June 4, 11180 ice The Newport Long.. IN= 41 • • TO: CITY COUNCIL FROM: Public Works Department MAY 27, 1980 CITY COUNCIL AGENDA ITEM NO. H -13 SUBJECT: EL CAPITAN DRIVE SIDEWALK CONSTRUCTION FROM POINT CONCEPTION TO APPROXIMATELY 1,200 FEET WESTERLY (C -2105) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 2:30 P.M. on Monday, June 16, 1980. DISCUSSION: This project will complete the construction of the sidewalk on the northerly side of E1 Capitan Drive between Spy Glass Hill Road and Point Conception Way. Attached is a sketch which shows the location of the 1,200 feet of sidewalk remaining to be constructed. The engineer's estimate for the con- struction is $25,000. In August of 1977, the City Council deleted a portion of the approved paseo system in the Spy Glass Hill development. The John D. Lusk Company was required to contribute $167,000 to the City in lieu of constructing the paseos on E1 Capitan Drive and San Joaquin Hills Road. Of this amount $60,000 was specified for sidewalk construction on San Joaquin Hills Road and E1 Capitan Drive. To date no money has been spent on sidewalk construction. The funds contributed by the Lusk Company are shown in the reserve account for Spy Glass Hill Park (Account No. 27- 28907). A budget amendment will be processed at the June 23, 1980 meeting when the bids have been received and the contract is recommended for award. The Spy Glass Hill Community Association has requested that the side- walk be completed to Point Conception Way. The plans and specifications for the project were prepared by the Public Works Department. The approximate date of completion for the project is August 1, 1980. f Benjamin B. Nolan Public Works Director DW:jd Att. v" a` A/Z A /O CONSTRUCT P.C.C. S /OEWALK PER CITY STD. /BO -L „i �0 Ca POCONSTRUCT ca40f4ERCG4L ORR/6WAY AA4WAe.4 ,cKR C /TY STD• /loo -L rW = /2'I NL^ �O,oe. CITY OF NEWPORT BEACH DRANK AWN DATE PUBLIC WORKS DEPARTMENT APPROVED X4 CAPYTAN AWIME PUBLIC WOWS Dp1 e" d 1AfJ"4 K ~aTgZoFCT /ON R.E. NO. CA&W COA/TRACT t/OS DRAWING NO. W- f/ ,04f-4 October 2, 1 980 John Jezowski, Inc. 748 North Poplar Orange, CA 92668 CITY OF NEWPORT BEACH Subject: Surety: Bond No.: Project: Contract No OFFICE OF THE CITY CLERK (714) 640 -2251 United Pacific Insurance Company U 30 02 71 El Capitan Sidewalk Construction 2105 The City Council on August 25, 1980 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bond 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on September 15, 1980, . in Book No. 13744, Page 3. Please notify your surety company that the bond may be released 35 days after recording date. DORIS GEORGE City Clerk cc: Public Works Department City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 20 EXEMPT C5 NOTICE OF COMPLETION PUBLIC WORKS BK RICO( >'�VEp jN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA ail v. g E.M. 0 .M. SEP 1519 13744 Pa 3 LEE A. BRANCH, County Recorder 1'o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on July 23, 1980 the Public Works project consisting of El Capitan Drive Sidewalk Construction (C-2105) on which John Jezowski, Inc. was the contractor, and United Pacifice Insurance Company _ was the surety, was completed. CITY OF NEWPORT BFAGH r4�Tra.iFublic Works Director VERIFICATION I, the undersigned, say: 4�"AJ(o I am the^Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 27, 1980 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: 1 am the City Clerk of the City of Newport Beach; the City Council of said City on August 25, 1980 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 27, 1980 at Newport Beach, California. `i City Clerk RECEIVED CITY CLEIRK 0 C T 2 1980 CITY DF NEWPORT BEACH, / CALIF. �C • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 August 27, 1980 lee A. Branch County 1tacorder P. O. Box 238 Santa Ana, California 92702 Dear Mr. Branch: Attached for recordation is Notice of Conipletion of Public Works project consisting of E1 Capitan Drive Sidewalk Construction Contract No. 2105 on which John Jezowski, Inc. was the Contractor andUnited Pacific Insurance Company was the Surety. Please record and return to us. Very truly Y?urs, Doris George City Clerk City of Newport Beach DG:bf encl. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 AUG 2S 1980 47 1M CITY COW40L CI1i OF NEM N#A1 TO: CITY COUNCIL FROM: Public Works Department 0 August 25, 1980 CITY COUNC AGENDA ITEM N0. / 2— SUBJECT: ACCEPTANCE OF EL CAPITAN DRIVE SIDEWALK CONSTRUCTION (C -2105) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of sidewalk on the northerly side of E1 Capitan Drive has been completed to the satisfaction of the Public Works Department. ment. The bid price was: $15,214.50 Amount of unit price items constructed $15,299.55 Amount of change orders none Total contract cost $15,299.55 Funds were budgeted in the Building Excise Tax fund. The design engineering was performed by the Public Works Depart- The Contractor is John Jezowski, Inc., of Orange, California. The contract date of completion was July 23, 1980. The work was completed by that date. Benjamin B. Nolan Public Works Director GPD:do • CITY OF NEWPORT BEACH TO: Public Works Department FROM: City Clerk SUBJECT :. Contract No. Project El. C Date July 11, 1980 sidewalk construction Attached is signed copy of subject contract for transmittal to the contractor. Contractor: John Jezowski, Inc. 748 North Poplar, Orange, to 92668 Address: Amount: $ 15,214.50 Effective Date: July 11, 1980 Resolution No. 9809 Doris Geo e Att. cc: Finance Department [] City Ilall 3300 Newport Boulevard, Newport Beach, California 92663 w. J, • 0 CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR EL CAPITAN DRIVE SIDEWALK CONSTRUCTIO Approved by the City Council this 27th day of 14'/ ay, 1980. D r s George, City Clerk CONTRACT NO. 2105 1979 -80 SUBMITTED BY: JOHN JEZOWSKI, INC. Contractor 748 North Poplar Address Orange, CA 92668 City Zip 978 -2222 Phone S15 B'4 " Total Bid Price Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 2:30 P.M. (as determined by telephone time signal) on the 16th day of June 1980, at which time they will be opened and read, for performing work as fo lows: EL CAPITAN DRIVE SIDEWALK CONSTRUCTION CONTRACT NO. 2105 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and'Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an�TeFCCorporate Seal shall be f xed to �all documentss req�fng �signaatures. In the case of a ar>s tnershTp—,— the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. one set of plans and contract documents, including special provisions, may be obtained at the Public Works Department; City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) Page la the City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by t e ou ern California Chapters of the mer can u is Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5 per set. A standard "City of Newport Beach Special Endorsement" form has been adopted by the City of Newport Beach. This form is the only endorsement acceptable to the City for liability insurance purposes. The successful low bidder will be required to complete the form upon award of contract. (A sample form is attached for reference.) For any required bonds, the company issuing bid bonds, labor and material bonds, and faithful performance bonds must be an insurance company or surety company licensed by the State of California. In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascer- tained 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 in- clusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all app.renticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -13 -79 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, a,; indicated in this Proposal, times the unit price as submitted by the bidder. In case :i riisrrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all the City will not be responsible for any errors signed in making up this bid. of the above figures and understands that or omissions on the part of the under- The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 242898 Classification C 8 Accompanying this proposal is Bond (Cash, Certified Check, Cashier's Check or on in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 978 -2222 Phone Number June 9, 1980 Date A. J. JEZOWSKI Bidder's Name (SEAL) S /A. J. Jezowski. Vice President uthorized Signature ut or'zed Signature Corporation Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: John Jezowski, President A. J. Jezowski, Vice President C. L. Leonardo, Secretary- Treasurer Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1 NONE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. er s Oag ut orize Signature Type of Organization (Individual, Co- partnership or Corp.) '� dress FOR ORIGINAL SEE CITY CLERK'S OE COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL 11t AL1. MLN L'Y THESE PRESENTS, That we, JOHN JEZOWSKI. INC" , as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10 percent of amount of bid Dollars ($10% , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of EL CAPITAN DRIVE SIDEWALK CONSTRUCTION - CONTRACT NO. 2105 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 9th day of June 19 80 Corporate Seal (If Corporation) JOHN JEZOWSKI, INC. " Principal S /A. J. JEZOWSKI (Attach acknowledgement of Attorney -in -Fact) (Patricia L. Hills, Notary Public UNITED PACIFIC INSURANCE COMPANY Commission expires July 19. 1982 Surety By S /Marinena Ziegler Title Attorhey -in -Fact • • Page 5 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 9th day of June , 1980 My commission expires: September 21 1981 JOHN JEZOWSKI. INC. 748 N. Poplar Orange, CA 92668 J. Jezowski S /Clarence C. Leonardo Notary Public FOR OISINAL SEE CITY CLERK'S FILE COP* Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. ON FILE WITH CITY CLERK _S/ A. J. JEZOWSKI Signed Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. S A J Jezows igne Page 8 LABOR AND MATERIAL BOND BOND # U 30 02 71 PREMIUM INCLUDED IN PERFORMANCE: BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of port Beach, State of California, by motion adopted June 23 1980 has awarded to JOHN JEZOWSKI INC hereinafter designated as the "Principal ", a contract for EL CAPITAN DRIVE SIDEWALK CONSTRUCTION - CONTRACT NO. 2105 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We JOHN JEZOWSK19 INC. as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SEVEN THOUSAND SIX HUNDRED SEVEN & 25/100 Dollars ($ -- 7,607.25 -- ), said sum being one -half of the estimated amount payable.by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS. OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them.or their assigns in any suit brought upon (Labor and Material Bond - Continued) 2 Page 9 this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principa}--and Surety above named, on the 3rd day of JUIX , 19_20L JOHN JEZOWSKI INC. -(Seal") Name of Contractor Principal Approved as to for City Attorney' Auto zV Signature and Title Authorized Signature and Title UNITED PACIFIC INSURANCE CO. (Seal) Name of Surety P. 0. BOX 30515, TERMINAL ANNEX LOS ANGELES, CA. 90030 Address of Surety 67igna0tureLAnd Title o uthorized gem nt JOSEPH J. SHARKE3t9 ATTORNEY -IN -FACT P. 0 BOX 6006, ORANGE, CA. 92667 Address of Agent (714) 978 -6061 Telephone No. of Agent 0 0 State of California County of Orange On July 3, 1980, before me, the undersigned, a :Votary Public in and for said County, personally appeared Joseph J. Sharkey, known to me to be the person whose name is subscribed to the within instrument as Attorney -In -Fact of United Pacific In- surance Company, and acknowledged to me that he subscribed the name of United Pacific Insurance Company, as Surety, and his own name as Attorney -In -Fact. 1 u ... .mnnm.11, :n.o n,nnnnnmuunnma t111� , • �����OFFICIAL� SEAL Q Charlene M. Burkholder 4 1AVIARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY = My Commission Expires July 14 1980 in, ,,,,,,,,,.,,,,,,,,,,,,,,,,, ........... ,,,,,,,,,, „ ,,,,,,,,,,,,,,,,,,,,,,,o PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 10 BOND # U 30 02 71 PREMIUM: $76.00 FOR THE TERM WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to JOHN JEZOWSKI. INC. hereinafter designated as the "Principal ", a contract for ELCApITAN DRIVE SIDEWALK in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, JOHN JEZOWSKI, INC. as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified., and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its, obligations on this bond, and it does hereby waive notice Page 11 (Performance Bond - Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of JULY , 19 8Q-- App ved as to form: City Attorney JOHN JEZOWSKI, INC. (Seal) Name of Contractor (Principal) — ,�. ;�.:1,:_ ., -..�� .fiat.._ ,✓�.e..,�,:r a- - AutKori'zed Signature and Title Authorized Signature and Title UNITED PACIFIC INSURANCE COMPANY(Seal) Name of Surety P. 0. BOX 30515, TERMINAL ANNEX LOS ANGELES, CA. 90030 Address of Surety ignature and Title o ;Authorized Agent OSEPH J. SHARKEY, ATTORNEY —IN —FACT P. 0. BOX 6006, ORANGE, CA. 92667 Address of Agent (714) 978 -6061 Telephone No. of Agent 0 • State of California County of Orange On July 3, 1930, before me, the undersigned, a Notary Public in and for said County, personally appeared Joseph J. Sharkey, known to me to be the person whose name is subscribed to the within instrument as Attorney -In -Fact of United Pacific In- surance Company, and acknowledged to me that he subscribed the name of United Pacific Insurance Company, as Surety, and his own name as Attorney -In -Fact. Y rl 1 W , FY, ll..... .111 11111111:!!:: 1! :............r r; l!:!! IYI !I11':I!!:!I!:::;: .......... !I. 11111111111 111111111111111111111 OFFICIAL SEAL Charlene M, Burkholder L`� A IVOTAkY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN %ss ORANGE COUNTY My Commission Expires July 14 1980 IT1............ 1111111111.1�.11.11Y:111 Y11Y 11111111111111. 1 r11111111111111111111r 111111111111111111111111111111111V Page 12 CONTRACT THIS AGREEMENT, made and entered into this /J day of,� ,/ -d= , 19 , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and JOHN JEZOWSKI, INC. hereinafter designated as the Contractor, party of the second part. WITNESSETH: That the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of EL C PITAN DRIVE SIDEWALK CONSTRUCTION - CONTRACT NO. 2105 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused,resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH, CALIFORNIA / yor ATTEST: City Clerk Contractor (SEAL) By: fry G Title By: Approv d as to form: City AttovInty e • • PR 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT =9N.Iil EL CAPITAN DRIVE SIDEWALK CONSTRUCTION CONTRACT NO. 2105 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2105 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1 10,670 Construct 4" thick P.C.C. sidewalk Sq. Ft. including subgrade preparation @ ONE Dollars and thirty -five Cents $1.35 $14,404.50 Per Sq. Ft. 2 216 Construct curb depression and Sq. Ft. commercial drive apron W =12' @ THREE Dollars and seventy -five Cents $3.75 $ 810.00 Per Sq. Ft. TOTAL PRICE WRITTEN IN WORDS: FIFTEEN THOUSAND TWO HUNDRED FOURTEEN Dollars and fifty Cents $15,214.50 ,lnna 9, 1980 Date A. J. JEZOWSKI Bidder's Name S /A. J. Jezowski jAuthorized Signature CONTRACTOR'S LICENSE NO. 242898 TELEPHONE NUMBER 978 -2222 CONTRACTOR'S ADDRESS 748 North Poplar, Orange, CA 92668 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS 120 EL CAPITAL DRIVE SIDEWALK CONSTRUCTION CONTRACT NO. 2105 1979 -80 Section Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. BUSINESS LICENSE . . . . . . . . . . . . . . . . . . . . . . . . 1 III. COMPLETION AND SCHEDULE OF WORK . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . . 2 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . 2 1. Excavation, and Subgrade Preparation. . . . . . . . . . 2 2. Portland Cement Concrete . . . . . . . . . . . . . . . . . . 2 3. Project Site Maintenance . . . . . . . . . . . . . . . . . . 2 4. Adjustments of Utility Boxes, Vaults, Etc., to Grade. . . . 2 0 • SP 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR EL CAPITAN DRIVE SIDEWALK CONSTRUCTION 19 79 -80 I. SCOPE OF THE WORK CONTRACT NO. 2105 The work to be done under this contract consists of furnishing all labor, equipment, transportation, materials and services necessary to construct P.C.C. sidewalk improvements as shown on the plans, complete in place. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No.M- 5198 -L)and the City's Standard Drawings and Specifications. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1976 Edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, Telephone: (213) 870 -9871. Copies of the City's Standard Drawing and Special Provisions may be purchased from the Public Works Department at a cost of $5.00. II. BUSINESS LICENSE The Contractor must have a valid City business license prior to starting work. III. COMPLETION AND SCHEDULE OF WORK The Contractor shall complete all of the work within 30 consecutive calendar days after notification of award of the contract. The Contractor shall submit a proposed work schedule to the City for approval within five calendar days after notification of award of the contract. Said schedule will be returned to the Contractor within 5 calendar days after receipt. If necessary, the Contractor shall revise his work schedule. No additional time will be allowed for revision to and resubmittal of the proposed work schedule. After approval, the Engineer shall be immediately notified and approve any proposed changes to the work schedule. IV. PAYMENT All incidental items of work not separately described in the proposal shall be included in the unit price bid for the various items of work and no additional compensation shall be made and shall be paid for under the price bid for the associated item of concrete construction. • V. TRAFFIC CONTROL • SP 2 of 2 The Contractor shall provide traffic control in compliance with Section 7 -10 of the Standard Specifications. Work shall progress in such a manner that one lane shall remain open in each direction to vehicular traffic. A sufficent number of traffic control devices shall be provided by the Contractor to ensure safe travel through the construction zones. VI. EXISTING UTILITIES The Contractor shall investigate and protect all existing utilities in confor- mance with Section 5 of the Standard Specifications. Known utilities are in- dicated on the plans. Prior to performing construction work, the Contractor shall be responsible for requesting each utility company to confirm the location of its facilities. Any utilities damaged as a result of the Contractor's operations shall be promptly repaired at the Contractor's expense. VII. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use available City water free of charge, it shall be his responsibility to make arrangements by con- tacting the City Utilities Superintendent, Mr. Gil Gomez at (714) 640 -2221. VIII. CONSTRUCTION DETAILS 1. Excavation, and Subgrade Preparation Subgrade preparation and excavation shall be in conformance with Section 301 of the Standard Specifications. All material to be excavated down to the subgrade plane shall become the property of the Contractor. It shall be his responsibility to dispose of the material away from the job site in a manner and at a location acceptable to all cognizant agencies. 2. Portland Cement Con Portland cement concrete construction shall be in conformance with Section 302 -6 and 303 -5 of the Standard Specifications. The portland cement concrete used for construction shall be class 564 -C -3000. 3. Project Site Maintenance The construction site shall be maintained in accordance with Section 7 -8 of the Standard Specifications. The Contractor shall be required to furnish and sweeper with spray nozzles when, in the opinion are not kept acceptably clean. 4. Adjustments of Utility Boxes, Vaults, etc. to G All miscellaneous utility boxes or vaults shall prior to placement of portland cement concrete. will be made for this work. operate a self loading motor of the Engineer, street areas rade be adjusted to finish grade No separate compensation 3 SA.MI "LL CITY OF NEWPORI :EACH Contract No. Spec.:,i Endorsement No. In consideration of the I- ,a_mium charged, thi; endorsement a attached to and made a part of all policies insuring the liability of any person, firm or corporation Performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression fn the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a Part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on thepart of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. S. Provides limits of liability and coverages as follows COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES _ ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY This endorsement is effective , 19 , when signed by an Authorized Representative of the companies affording coverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER Address By �Au thorized Representative IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.F. - 3/79 1 N, rs �la /D CONd7R4VT P.C. C. S/DEk/ALlK PER C/TY STD•iB0 -L OCONSTRUCT CWM4cRCG41- ,0AMIEA/AY 4.0~ACi1 PER CITY OF I1ji;0i G � /NT CaiyL.E/oT�p A&. BEACH AL C*W riW Awme .ls40lp111WX o4wsrm"r/o v CASW ~7M 11MCT P10.0' DRAWN-& APPROVED N N.T.S. f�s�r PUBLIC WORKS DIRE R.E. 1#0. 6Q' DRAWING N0. July 8, 1980 TO: CITY CLERK FROM: Public Works Department SUBJECT: EL CAPITAN DRIVE SIDEWALK CONSTRUCTION, C -2105 Attached are four copies of the subject contract documents. Please have executed on behalf of the city, retain your copy and the insurance certificates, and return the remaining copies to our department. Richard L. Hoffstadt Project Engineer RLH:em Att. 0 0 Workers' Compensation Certificate "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self- insurance before commencing any of the work." i , i, Dat e = �- S gnatur '� e 0 • CITY OF NEWPORT BEACH Contract No. C -2105 Special Endorsement No. In consideration of the premium charged, this endorsement is attached to and made a part of all policies insuring the liability of any person, firm or corporation performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include -all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. 5. Provides limits of liability and coverages as follows: COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY Workers' Compensation 1/1/80 WC2- 162- 020587 -010 1/1180- 1/1J81 500,000 Liberty Mutual General Liability 1/1/80 LG1- 162- 020587 -020 1/1/80/1/1181 500,000BI 500,000PD This endorsement is effective June 30 19 80 , when signed by an Authorized Representative of the companies affording coverages and when issued to City Shall he valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER Liberty Mutual Address 2333 N. Broadway STE. 331 Santa Ana, CA 92706 By —� -(Authorized Representative) RTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. CjJ.E. - 3/79 CEOfl FI CAT E OF ANSURANCE "bis is 'o Certify thou Jezowski & Markel 748 N. Poplar orange, CA. L -. � LIBERTY MUTUAL 116011 .�T!Jll �11JI��o 111f Name and tivlE address of Insured. is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or Beg, atively amends. extends or afters the coverage afforded by the policies listed below. r - --_ i TYPE OF POLICY EXPIRATION OPdf --- _-. -__ POLICY NUMBER LIMITS OF LIABII ITY I LIMITS S �LIMIi OF LIABILITY COV B LAOWEOF FOLLOWING STATE( WORKERS' COMPENSATION Ili 1 -1 -81 WC2- 162 - 020587 -010 California $500,000 ' I I�nDi:PlF �ml fOP Fni Slq +f,- BODILY INJURY PROPERTY DAMAGE 7 COMPREHENSIVE ❑ FORM - -- -- SCHEDULE FORM EACH ENCE $ 500,000 OCCURRENCE c $ 250,000 CC CURRENCE� 1 -1 -81 I LG1- 162 - 020587 -020 PRODUCTS COM OPL ETED OPERATIONS $ 500,000 AGGREGATE $ 250,000 AGGREGATE I� J W 'INDEPENDENT CON. 1 ,W RACTORI4CONTFAG I ORS PRO ECiIVE ICI CONTRACTUAL LIABILITY —^ - -- �_— — FI DOWNED $ EACH PERSON I� m(g]NON -OWNED 1 -1 -81 AS1- 162 - 020587 -030 $1,300,000 Combi ed Single Limit E Q EACH ACCIDENT $ OR OCCURRENCE EACH ACCIDENT $_ OR OCCURRENCE - Urbrella l = Excess 1 1 -1 -81— LEl -16� 02587 01t0 $2,000,000 O Liability I LOCATION {S OF OPFRAi!CNS 8 I JOB # (It APPLmblel - 013CRIPTION OF OPERATIONS. NOTICE OF CANCEILI.AT1ON: (NOT AFPUCABLE UNLESS A NUMBER OF 'DAYS IS ENTERED BELOW?. BEFORE THE STATED EXPIRATION DATE THE COMPANY V.9LL :a: i CANCEL UR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR `O.- 10-_DAY5 A - -1'ER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN A�A!LED TO . City of Newport Beach C/o City Clerk 3300.Newport Blvd. Newport Beach, CA. 92660 L J f t----- -- -�= --- - - -- --- AU-TNORIZEO REPRO ".SE PfT AT1VE ___lV.ovPmber On _7079- Santa Ana CA._ DATED OFFICE :. .......neA 4. IIRGRTY MUTII.1 INSURANCE COMPANY n. -- ... .... h I--w —na is nIf.M d Lv Th.. Cmm.ono a i. ....... d by URERTY MUTUAI TIRE INSURANCE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 11I11U ' , O 1I1I1j1J0 FOR EL CA.PITAN DRIVE SIDEWALK CONSTRUCTIO Approved by the City Council this 27th day of ay, 1980. 4r D ris George,—City Clerk CONTRACT NO. 2105 1979 -80 SUBMITTED BY: Contractor Address ' City Zip �Z P- .� Phone Total Bid Price CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1979 -80 EL CAPITAN DRIVE SIDEWALK CONSTRUCTION CONTRACT NO. 2105 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 1 The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2105 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANNTITY ITEM DESCRIPTION UNIT TOTAL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10,670 Construct 4" thick P.C.C. sidewalk Sq. Ft. including subgrade preparation Dollars and li r - ti ✓f_' Cents $_ / $ ZZ,,Iz ! Per Sq. Ft. 2 216 Construct curb depression and Sq. Ft. commercial drive apron W =12' @ ji /ems Dollars and Cents $ $ i /c? Per Sq. Ft. CO'fAL PRICE WRITTEN IN WORDS: % Life' ci ✓�cu <- :v</%- :��ti����1c <�efrr.v Dollars and Cents $ (Bidder's Name Date ZAutho zediSi nature CONTRACTOR'S LICENSE NO. ELEPHONE NUMBER CONTRACTOR'S ADDRESS Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal. Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providim r the registration of Contractors, License No. Classification C2 Accompanying this proposal is �14 7 (Cash, Certified Check, as ier s Check or Bo—ncg in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees, to comply with such provisions before commencing the performance of the work of this contract. Pon one u er B&4_ s Name AUtHbriged n gnature V k c c_ Authorized Signature Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: ✓9.�% �Tz�� -saw. - �;�c i=T�es Page 5 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or.is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bi "d depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this ( day of 19�. My commission expires: ota ry bFF'ICIAL SEAL CLARENCE C. LEONARDO " =n NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY '�•ry°' My comm. expires SEP 21, 1981 a ^ State of[oo+om/u `I ( '`: County of } On 19_4M before me, the undersigned, o Notary Public ip and for said County, personally appeared Marinena Ziegler known wmembe the person whose oomoi, subscribed m the within instrument o,«ttome'/n'po,to/ UNITED PACIFIC INSURANCE COMPANY, and ^ acknowledged mwe that — Q he subscribed the name vf UNITED PACIFIC INSURANCE COMPANY, o,Surety, and hez�. own name os A'/°mor/p.po,,. � My Comm i � Notary Public /^and for said County o-»oo4 California J"*,(«o^ may- in. Fact Acknowledgment) Rev. 1-65 W UNITED P1CIFIC INSURANC* CODAPANY HOME OFFICE, TACOMA, WASHINGTON Bond No. U 29 98 60 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A -310 IFEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we JOIN JEZOWSKI, INC. as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto = OF NEWPORT BEACH as Obligee, hereinafter called the Obligee, in the sum of 10 percent of amount of Bid -- - - - - -- ------ •------------------------ - - - - -- Dollars {$ l(f/ atmunt of Bid - - -- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Contract 2105 - Side walk construction NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or In the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of June A.D. 19811 (Principal) (Seal) (Witness) (Title) BDU -2305 Ed. 10 -73 UNITED PACIFIC INSURANCE COMPANY i C Marinena Ziegler -/Aft xney t -fect 0 DECLARATION OF DORIS GEORGE, CITY CLERK OF THE CITY OF NEWPORT BEACH I, DORIS GEORGE, declare as follows: 1. I am the City Clerk of the City of Newport Beach, California, and have served in that capacity at all times relevant to this Declaration. 2. On June 11, 1980, at 10:39 a.m. my office received a bid from John Jezowski, Inc., Cement Contrac- tors, Post Office Box 1367, 748 North Poplar Street, orange California 92668, in regards to the City of Newport Beach Public Works Department contract documents for E1 Capitan Drive sidewalk construction, Contract No. 2105. A copy of the envelope from John Jezowski, Inc., indicating the date of receipt is attached to this Declaration and incorpo- rated herein as Exhibit "1." 3. Upon receipt of the sealed bid document, since the bid was received substantially prior to the 16th of June, 1980, 2:30 p.m., which was designated as the last time bids could be received, I placed the sealed bid document, still sealed, in my vault for safekeeping. 4. At 2:30 p.m. on June 16, 1980, the bids submitted by bidders for the El Capitan Drive sidewalk construction were 0 opened. Inadvertently, I failed to include the sealed bid of John Jezowski, Inc., at the bid opening on June 16, 1980, at 2:30 p.m. 5. In the morning of June 17, 1980, I discovered that the sealed bid vault and unopened. Dick Hoffstadt of t and he and I opened and discovered that apparent low bid. of John Jezowski, Inc., was still in my Upon discovery of the bid, I called ze Public Works Department to my office the sealed bid of John Jezowski, Inc., the bid of John Jezowski, Inc., was the 6. From the time of deposit of the sealed bid in my vault on June 11, 1980, to June 17, 1980, no one other than employees of my office had access to my vault. No one could have gotten into the vault and substituted or altered the bid. The bid document I opened was in the envelope sub- mitted to the City Clerk on June 11, 1980, and to the best of my knowledge no one had changed the bid. Executed at Newport Beach, California, this 17th day of June, 1980. I declare under penalty of perjury that the foregoing is true and correct. Doris George -2- r K E f 7 N O F C3 m C J F- V, W W _Z z Z W u x $!1 J 1� I �l I u�nvn■ IIIIIYN INA�II�IIIIIWD nexmnu u x $!1 J 1� I �l I cr f f 7 N C J F F J; W W 2 Z W V 1- W , u x \I C-t. I nm �IAlll��llll�� Nliiu�u1�plll�l� lllNellllllllll II V 1- W , u x \I C-t. I E une 23, 1980 CITY COUNCIL AGENDA ITEM NO. H -2(f) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: EL CAPITAN DRIVE SIDEWALK CONSTRUCTION 1980 -81 (C -2105) RECOMMENDATION: Adopt a resolution awarding Contract No. 2105 to John Jezowski Inc. for $15,214.50, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Eight bids were received and opened in the office of the City Clerk at 2:30 P.M. on June 16, 1980. On June 17, 1980, an additional bid from John Jezowski was discovered by the City Clerk. This bid had been submitted on time, but was not opened with the others. The bid was then opened, and was determined to be the low bid A declaration from the City Clerk and a memo from the City Attorney's office are attached to help to clarify the matter. Bidder Amount John Jezowski $15,214.50 Dyno Construction Co. 15,362.22 Charles R. Hester Construction Co. 18,210.30 Markel Cement Contracting 18,361.50 Frontier Concrete Construction Co. 18,465.60 Mladen Grbaval 19,957.68 Damon Construction Co. 21,073.50 Fleming Engineering 23,716.80 Granstrom Construction 24,122.00 The low bid is 39% less than the engineer's estimate of $25,000. Funds have been provided for this work in the reserve account for Spy Glass Hills Park, Account No. 27- 28907. A budget amendment has been pre- pared for Council consideration appropriating the necessary funds. This project provides for the completion of sidewalk on the northerly side of E1 Capitan Drive between Spy Glass Hill Road and Point Conception Way. The low bidder has performed similar work satisfactorily for the City in the past. The estimated date of completion is August 1, 1980. The plans and specifications were prepared by the Public Works Department. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director RLH:jd CITY OF NEWPORT BEACH DRAWN -Aldf. DATE �60 PUBLIC WORKS DEPARTMENT APPROVED / . EL GAP /TAN AWIVE .sAP&WOALN CAVi?TRNICT /ON C'A.mw 4:70Ni04dACT ! /OE PUBLIC WORKS DIREC R.E. NO.L DRAWING NO. M- f/ .*4f-L 0 J • • DECLARATION OF DORIS GEORGE, CITY CLERK OF THE CITY OF NEWPORT BEACH I, DORIS GEORGE, declare as follows: 1. I am the City Clerk of the City of Newport Beach, California, and have served in that capacity at all times relevant to this Declaration. 2. On June 11, 1980, at 10:39 a.m. my office received a bid from John Jezowski, Inc., Cement Contrac- tors, Post Office Box 1367, 748 North Poplar Street, Orange California 92668, in regards to the City of Newport Beach Public Works Department contract documents for E1 Capitan Drive sidewalk construction, Contract No. 2105. A copy of the envelope from John Jezowski, Inc., indicating the date of receipt is attached to this Declaration and incorpo- rated herein as Exhibit "1." 3. Upon receipt of the sealed bid document, since the bid was received substantially prior to the 16th of June, 1980, 2:30 p.m., which was designated as the last time bids could be received, I placed the sealed bid document, still sealed, in my vault for safekeeping. 4. At 2:30 p.m. on June 16, 1980, the bids submitted by bidders for the E1 Capitan Drive sidewalk construction were opened. Inadvertently, I failed to include the sealed bid of Joh:z Jezowski, Inc., at the bid opening on June 16, 1980, at 2:30 p.m. 5. In the morning of June 17, 1980, I discovered that the sealed bid vault and unopened. Dick Hoffstadt of t and he and I opened and discovered that apparent low bid. of John Jezowski, Inc., was still in my Upon discovery of the bid, I called ie Public Works Department to my office the sealed bid of John Jezowski, Inc., the bid of John Jezowski, Inc., was the 6. From the time of deposit of the sealed bid in my vault on June 11, 1980, to June 17, 1980, no one other than employees of my office had access to my vault. No one could have gotten into the vault and substituted or altered the bid. The bid document I opened was in the envelope sub- mitted. to the City Clerk on June 11, 1980, and to the best of my knowledge no one had changed the bid. Executed at Newport Beach, California, this 17th day of June, 1980. I declare under penalty of perjury that the foregoing is true and correct. s George -2- l� o, ono= m omz zXm nwi O rmn oz0.•° co FE N � 00 \ OD I Q fn EXHIBIT "1" n To: From: Subject: Problem 0 CITY OF NEWPORT BEACH Office of CITY ATTORNEY Public Works Director City Attorney June 17, 1980 Bid Opening Problems - Contract No. 2105, E1 Capitan Drive Sidewalk Construction On June 17, 1980, we were advised that the opening for bids on Contract 2105 for E1 Capitan Drive sidewalk construction held on June 16 was defective because a bid received from John Jezowski, Inc., was not opened on June 16. Material submitted by the City Clerk's Office indicates that the City Clerk received the sealed bid of John Jezowski, Inc., on June 11, 1980, at 10:39 a.m. The City Clerk, however, did not open that bid together with the other bids on June 16 but only discovered the error on June 17, 1980, and opened the bid document in the presence of herself and Dick Hoffstadt of your staff. The bid of Jezowski was the low bid by slightly more than $147.00. The question is, May the City accept the bid of John Jezowski, Inc., as the low bidder, or must it be bound to accept only the low bid of the bids opened on the 16th of June? Answer The City may accept the low bid from John Jezowski, Inc., which was received timely but through inadvertence on the City Clerk's part not opened timely. Discussion Pursuant to Section 1110 of the Charter of the City of Newport Beach, public works contracts must be let after public bidding. There is no specification in our Charter indicating that the L° • • June 17, 1980 Page Two Bid Opening Problems - Contract No. 2105, E1 Cap -tan Drive Sidewalk Construction actual opening of bids must be must rEaCeive the sealed bids on In this instance the sealed bid received prior to the appointed no defEaCt in the John Jezowski, it to be disqualified for other public, only that the City or before a certain time. of John Jezowski, Inc., was time. There appears to be Inc., bid that would cause reasons. The only reason the bid was not opened with the other bids was the error on the City Clerk's part in not including the Jezowski bid along with the other bids at the public opening. However, the public interest is best served by accepting the lowest responsible bid which in this instance is the bid from Jezowski. By analogy from a section of the Government Code on public works contracts, the City is not permitted to accept a bid received after the appointed hour for receipt of bids. By implication, the State Legislature for general law cities has indicated that all bids received prior to that time must be opened and considered. RTe believe the analogy would hold true under our Charter as well and that the bid received prior to the appointed time must be opened and considered and, if the bid turns out to be from the lowest responsible bidder, the bid should be accepted by the City Council as the lowest responsible bid on the public works project. t 0 0 RESOLUTION NO. 9 so c) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO JOHN JEZOWSKI, INC., IN CONNECTION WITH THE EL CAPITAN DRIVE SIDEWALK CONSTRUCTION (C -2105) WHEREAS, pursuant to the notice inviting bids for work in connection with the E1 Capitan Drive sidewalk con- struction, in connection with the plans and specifications heretofore adopted, bids were received on the 16th day of June, 1980, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is JOHN JEZOWKI, INC., NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of JOHN JEZOWSKI, INC., in the amount of $15,214.50 be accepted, and that the contract for the described work be awarded to said bidder; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. , ADOPTED this 23rd day of June , 1980. Mayor ATTEST: City Clerk kv 6/18/80