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