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HomeMy WebLinkAboutC-2200 - 1980-81 Sewer Main Replacement Program0 ITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 September 7, 1982 OFFICE OF THE CITY CLERK (714) 640 -2251 George Dakovich & Son, Inc. 22631 A Maple Avenue Torrance, CA 90505 Subject: Surety Co.: Covenant Mutual Insurance Co. Bonds No.: 013733 Project: Sewer Main Replacement Program Contract No.: C -2200 The City Council on August 9, 1982 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice of Completion was recorded with the Orange County Recorder on August 20, 1982, Reference No. 82- 293481. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works File 3300 Newport Boulevard, Newport Beach REC'o RE RO Please return to: PUesTfo a 'City Clerk City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92663.3884 NO GON t : � f: UION E=Mo ,e &V ,.a,.a,. 8 2- 2 5 3 JJ 1 G"nnwM cage elm RECORDED IN OFFICIAL ECORU;- Of ORANGE COUNi4 CALIFORNIA EXEMPT C 12 [-I 3g PM AUG 2 0 ,82 NOTICE. OF COM L PUBLIC WORKS 'Io All Laborers and Material Men and to Every Other Person Interested: YOU WII..L PLEASE TAKE. NOTICE that on August 9, 1982 the Public Works project consisting of 1981 -82 Sewer Main Replacement Program (C -2200) on which George Dakovich & Son, Inc., 22631 A Maple Avenue, Torrance, CA 90505 was the contractor, and Covenant Mutual Insurance Co. was the surety, was completed. VERIFICATION I, the undersigned, say: C TY OF NEWPORT BEACH fiytild�mron �. �' �StM Pub it c Works Director 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 13, 1982 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on August 9, 1982 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 13, 1982 at Newport Beach, California. City Clerk 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 August 16, 1982 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Enclosed for recordation are three Notice of Completions of Public Works projects consisting of: 1. Santa Ana Avenue Mudjacking, Contract No. 2315 on which James Lenihan Co. was the Contractor and Fremont Indemnity Co. was the Surety. 2. Miscellaneous resurfacing and reconstruction 1981 -82, Contract No. 2300 on which Sully- Miller Contracting Co. was the Contractor and Seaboard Surety Company was the Surety. 3. 1981 -82 Sewer Main Replacement Program, Contract No. 2200 on which George Dakovich & Son, Inc. was the Contractor and Covenant Mutual Insurance Company was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr encs. 3300 Newport Boulevard, Newport Beach • • Hugusi y, sync C� —. acv CITY COUNCIL AGENDA C�J ITEM N0. —/ TO: CITY COUNCIL AUG 0 9 198Z FROM: Public Works Department By 4ha CIiY COUNCIL CITY OF NEWPORT BEACH SUBJECT: ACCEPTANCE OF 1981 -82 SEWER MAIN REPLACEMENT PROGRAM (C -2200) 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 replacement of sewer mains has been completed to the satisfaction of the Public Works Department. The bid price was $149,789.00 Amount of unit price items constructed 154,264.00 Amount of change orders 6,870.70 Total contract cost $161,134.70 Funds were budgeted in the General Fund. The increase in the amount of unit price items constructed was due to additional length of house connections, one manhole and two cleanouts. Three change orders were issued. The first, in the amount of $5,634.50, provided for adjusting the grade of an alley gutter and replacement of pavement to correct the existing poor drainage. The second, in the amount of $401.00, provided for additional paving and curb replacement to correct the drainage in the adjacent alley. The third, in the amount of $835.20, compensated the contractor for additional costs incurred by changing the concrete supplier. At the time the first alley was ready for placement of the concrete gutter, the intended vendor was on strike. Rather than delay the work until the settlement of the strike, an alternate vendor was utilized, resulting in a higher cost per yard of concrete. The design engineering was performed by the Public Works Department. The contractor is George Dakovich and Son, Inc., of Torrance, California. The contract date of completion was June 11, 1982. The contractor was delayed in starting portions of the work until April 19, 1982, due to a teamsters strike. � The work was completed by June 24, 1982. - 6 J /'CVi Benjamin B. Nolan Public Works Director GPD:jd Att. ,( C I. Ilk- r+ ' a'j ) Aft w \ J mc.�.0 21:.n i G�1 n QI�L 'a II �/J '^F 1 •1 � \__ �� —\ �e` f 0 C f Y p t \ ICI N ITY \� ..y i \ \ ®•� \�C� �`� c'yv' cam` r\ !D% '�pv�r� -?° r ; % a•`.so. �'. ~`l : .O 1 \\ °° (`o " ol Ilk 90�0 \ \ \���CC�J\ J�pf��s�✓ - B9�_rl � \�t?o �I `, e`\F° \�•� B`�\,J� \ \.. OO �nN`n+ek!, - ^:.., Z• �\�JI�,,t 'oo`, `', \'`L�,';; ��. �N,` `4i \� .92 LOCATION MAP ` \ \•ts' � � e r� CITY OF NEWPORT BEACH �rf ORANGE COUNTY, CALIFORNIA PUBLIC WORKS DEPARTMENT •.s, �� :x wa o em .euo a v sure sFe. CITY OF NEWPORT BEACH DRAWN CL DATE 1 -46-62 PUBLIC WORKS DEPARTMENT APPROVED 1981-82 SEWER REPLACEMENT PROGRAM PUBLIC WORKS R.E. NO. 02200 DRAWING No. EXHIBIT 0 0 CITY OF NEWPORT BEACH DATE: April 12, 1982 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2200 OFFICE OF THE CITY CLERK (714) 640 -2251 (. r" t - �"c.e, )+) 1,4 gz Description of Contract 1981 -82 Sewer Main Replace- ment Program Effective date of Contract April 12. 1982 Authorized by Resolution No. Min.Act., adopted on Mar. 22, 1982 Contract with George Dakovich & Son, Inc. Address 22631 A Maple Avenue Torrance, CA 90505 Amount of Contract $149.789.00 Wanda E. Andersen City Clerk WEA : 1 r City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11 A.M. on the 11th day of March 1982, at which time such bids shall be opened and read for SEWER MAIN REPLACEMENT PROGRAM Title of Project 2200 Contract No. $200.000 Engineer's Estimate • Y Approved by the City Council this 22nd day of February , 1982. Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Gilbert Wong at 640 -2281. Project Engineer • • PR la CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2200 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this contract in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 2,324 Remove and replace existing 8 -inch diameter Lineal Feet sewer main @ Twenty -seven Dollars and No Cents $ 27.00 $ 62,748.00 Per Lineal Foot 2. 1,625 Remove and replace existing house con - Lineal Feet nection @ Twenty -five Dollars and No Cents $ 25.00 $_40,625.00 Per Lineal Foot 3. 124 Provide and install house connection Each cleanout @ Two Hundred Dollars and No Cents $ 200.00 $ 24. 800.00 4. 1 Construct sewer manhole Each @ One Thousand Dollars and No Cents $1,000.00 $ I-00000 Each • • PR lb 11LM QUANIIIY 11th ULJLKIVIIUN UN11 IUTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 2 Remove and replace existing terminal Each cleanout @ Five Hundred Dollars and No Cents $ 500.00 $ 1,000.00 6. 2,200 Remove existing and construct alley Square Feet approach @ Four Dollars and No Cents $ 4.00 $ 8,800.00 Per Square Foot 7. 630 Remove existing and construct P.C.C. Square Feet street pavement with 8 -inch thick P.C.C. @ Four Dollars and No Cents $ 4.00 $ 2,520.00 Per Square Foot 8. 1,037 Construct 4 -foot -wide P.C.C. strip Lineal Feet gutter @ Eight Dollars and No Cents $ 8.00 $_8,296.00 Per Lineal Foot TOTAL PRICE WRITTEN IN WORDS: One Hundred Forty -nine Thousand Spvpn Hundred Finhtv -nines Dollars and No Cents CONTRACTOR'S LICENSE NO. 194375A DATE March 11, 1982 (213) 325 -2417 Bidder's Telephone Number George Dakovich & Son, Inc. Bidder S /Daniel Dakovich, President Authorized Si ure gnat/Title 22631 A Maple Avenue, Torrance, CA 90505 Bidder's Address • • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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. of the California Labor Code for all apprenticeable occupations. 194375 A George Dakovich & Son, Inc. Contr's Lic. No. & Classification Bidder March 11. 1982 q /Daniel Dakovich. President Date Authorized Signature /Title • 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. NONE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. George Dakovich & Son, Inc. Bidder S /Daniel Dakovich, President Authorized Signature /Title • FOR ORIGINAL SEE CITY CLERK' O LE COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, George Dakovich & Son. Inc. , as bidder, and Covenant Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the total amount of the bid in --- - - - - -- Dollars ($ 10% )> lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of SEWER MAIN REPLACEMENT PROGRAM 2200 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 11th day of March , 1982. (Attach acknowledgement of Attorney -in -Fact) S /Harriet Entner Notary Public Commission expires 41p7/B2 B Giddeeorge Dakovich & Son, Inc. r S /Daniel Dakovich, President Authorized Signature /Title Covenant Mutual Insurance Company By Arthur J. Clement Jr. Title Attorney -in -Fact • • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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. George Dakovich & Son, Inc. Bidder S /Daniel Dakovich, President Authorized Signature /Title Subscribed and sworn to before me this 11th day of March 19 82. My commission expires: Aril 27, 1984 S /Harriet Entner Notary Public 4kOR ORIGINAL SEE CITY CLERK'S * COPY Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. See attached. George Dakovich & Son, Inc. Bidder S /Daniel Dakovich, President /Titl Authorized Sign ature e • (Exhibit "A ") • George Dakovich &.Son Incorporation Statement of Financial Condition Ending June 30, 1981 Assets Current Assets: Cash In Bank- General Account 8 14,005.00 Cash In Bank- Savings Acct- E.F.Hutton 100,000.00 Contracts Receivable Proceeds & Retained Earnings 2499569.00 Marketable Securities (Cost) 5,327.00.$ 368,901.00 Fixed Assets: Machinery & Equipment Account 39016.00 Auto's Trucks & Trailers Account 27,816.00 Office Furn. & Fixtures Account 349.00 Totals 67,881.00 Less: Accumulated Depreciation 17,637.00 50,244.00 Other Assets: Notes Receivable -Daniel Dakovich 7,900.00 Bid Deposits - Refundable 7,500.00 Federal & State Taxes 4,500.00 Insurance Deposits 2,200.00 Prepaid Interest Exp. 14,641.00 36,741.00 Total Assets $455,886.00 LIABILITIES & CAPITAL ACCOUNT Current- Liabilities: Accounts Payable- Current $ 67016.00 Contracts Payable- Current Portion 15,968.00 Accrued Payroll Taxes & Ins. Burden 11,070.00 Accrued Officers Salaries Payable 30,798.00 Accrued Provision Corp Taxes 6,408.00 131060.00 Other Long -Term Liabilities: Notes Payable - Violet Dakovich 50,000.00 Contracts Payable -Less Current Portion 40,006.00 Deferred Corporation Taxes- 43052.00 Deferred Income - Excess Billings over Costs 50,891.00 184,249.00 Stockholders Equity: eapital Stock -1000 Shares Issued Daniel Dakovich -500 Shares Violet Dakovioh -500 Sliares 1,000.00 Retained Earnings(Exhibit -B) 139,277.00 140,277.00 Total Liabilities & Capital $ 455,886,00 Date of Incorporation June 19 -79 California Corp # 933484 Authorized Shares 75,000 -0 $1.00 Par Value 0 ( EXhIBIT "B" George Dakovich & Son Incorporation Statement of Operations & Retained Earnings Ending 6 -30 -81 Gross Revenue: Earned Income Contracts Construction $ 1,126,746.39 Other Income 39,455.66 Totals . ............................... 511166,202.00 Construction Costs: Labor & Burden Costs Materials Costs Repairs & Parts & Maint Costs Equipment Rentals Small Tools & Supplies Bonds & Insurance Expenses Subcontracts Interest & Financing Engineering Fees Other Direct Job Costs $ 217,375.38 511,892.22 53,709.59 57,318.67 6,989.95 20,510.00 65,337.26 5,251.78 40,613.06 7,366.30 Gross Profit ..........................5 General & Administrative Costs: Office Stationery & Supplies - Utilities 7,093.76 Legal & Acctg. Fees Business Fees T & E & Promotional Expenses Office & Yard Rental Bonuses Employee's Franchise Tax Board Officers Salaries- V.Dakovich Depreciation Expense 986.364.00 179,838.00 2,405.00 1,552,26 14,687.84 2,328.40 13,050.00 8,177.73 25,000.00 15,702,055 89x997.00 Net Profit Ending June 80 -1981 ................$ 899840.00 Provision For Corp. Taxes........ .... * ... *eoee, 21t408.00 Net Profit To Retained Earnings Surplus........$ 68,432.00 Retained Earnings Statement: Notes: Balance Beginning Fiscal 6 -30 -80 Net Profit Balance Earned Surplus Account 6 -30 -81 Corp. Federal Taxes Reduced By Investment Credit. $1,278.00 5 709845.00 68,432.00 8 139,277.00 i • 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 1982 City of Porterville Don Monk (209) 781 -0102 1981 Fresno County Waterworks Dave Duncan (209) 237 -0266 1981 City of Fresno Sonny Hadder (209) 488 -1451 MaTZME JFIWe7M i WA Merl S /Daniel Dakovich, President Authorized Signature /Title 0 0 Page 8 N O T I C E The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Property- Casualty. Coverages shall be provided for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. 9 KNOW ALL MEN BY THESE PRESENTS, That 10 Page 9 PAYMENT BOND Bond No: 013733 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 22 1982 has awarded to George Dakovich & Son. Inc hereinafter designated as the "Principal ", a contract for SEWER MAIN REPLACEMENT PROGRAM (C -2200) 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 GPnrga Daknvirh R Son, Inr_ as Principal, and Covenant Mutual Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One hundred forty nine thousand seven hundred eighty nine & no Dollars ($149,789.00 ), 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 Payment Bond (Continued) . Page 10 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 Principal and Surety above named, on the 26th day of March , 192 G (Seal) Name of Contractor Principal Authorized Signature and Title Authorized Signature and Title Cnvpnant Mutual Tncuranrp Company (Seal) Name of Surety c/o South Coast Surety-'General Agency Inc. 141 S. Lake Ave. #T10, Pasadena, CA 91101 Address�of re -ty' Approved as to form: Signature and Title of ., uthorized Agent � / yfm , C n • '-smag ATTORNEY -IN -FACT y's Address of Agent City Attorney (213) 793 77124 Telephone No. of Agent State of California County of Los Angeles On this } 55. 26th day of March r c� P , 1982 , before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. 7 Lxp:i Apr 27, 14c:; 9'°0 (Nofory Public) COINNANT MUTUAL INSURANCE COMONY Hartford. Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint �*mifh �i.m its true and lawful Attorney(s)-in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s)- in•Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duty called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seat is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent: and any such bond, undertaking, recognizance, consent of surety orwritten obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By 1 Vice Pr�esidiieit On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. ?4,• +p TA�r t': �� Notary Public ,l My commission expires March 31, 1978 "o� ••'�u�,r CERTIFICATION iii I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above- quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 26th day of March 1982 Assistant Secreta y • + Page 11 FAITHFUL PERFORMANCE BOND Bond No: 013733 Prem. Amt:$1,797.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 22 1982 has awarded to George Dakovich & Son Inc - hereinafter designated as the "Principal ", a contract for 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, George Dakovich & Son. Inc. as Principal, and Covenant Mutual Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of & no /100 One hundred forty nine thousand seven hundred eighty hine_Do tars ($144 7Ag_on ). 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 Y r, • • Page 12 Faithful 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 26th day of March 19 62 Approved as to form: t �y 1,hA ` City Attorney George Dakovich & Son Inc. (Seal) Name of Contractor (Principal) Authorized Signatul^e and Title Authorized Signature and Title Covenant Mutual Insurance Company (Seal) Name of Surety c/o South Coast Surety General Agency Inc. 141 S. Lake Ave. #11,1 gnature and litle of Authorized Agent Kim R. Smith Attorney In -Fact Address of Agent Te ephone No. of Agent n State of California County of Los Angeles SS. On this 26th day of nnMarch �n im_ G�C <�nz if lz 1912 before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Coyenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name q _ ,}hereto- by like authority:i 3 awc (Notary Public) )ptftf � 7. 1584 STATE COMPENSATION I NSUR A NC E . FUND Larch 24, 1982 P:O._BOX 807, SAN FRANCISCO, CALIFORNIA 94101 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE l POLICY NUMBER: 574517-82 CERTIFICATE EXPIR- ES:2-1- 82/2 -1-83_ City of Newport Beach 330.0 Newport Blvd. THIS SUPERSEDES AND CORRECTS THE Newport Beach,, 92663 CERTIFICATE ISSUED ON 3- 16 -82. I 'insurance fAmmissioner tolne'em.ployer nameo' below for the pollcx penod- indicated. This policy is not subject to cancellation by the Fund except uponrEn3Udays' advance written notice to the employer: ,l�r�3.,01 . We will also give you t�,k:. days'�advaneer notice should this _policy`be cancelled :prior to its normal. explratronC This certificate of insurance is not an insurance policy and does not amend; extend or alter the-coverage afforded by the . policies listed herein; Notwithstanding any requirement,.term, or condition of any contract or other document with respect to.which this certificate of insurance maybe issued or may pertain, the insurance afforded by the policies .described herein is subject to all the terms.; exclusions and conditions of such policies. EMPLOYER PRESIDENT George Dako_rich and Son, Inc. ENDORSEMENT #2060 ENTITLED `P EC, I >7, 1957 W. Santa. Ana CANCELLLTIO?N NOTICE EFrEC -TILT : 3 -24- Fresno, Ca. 93705 82 TS ATTAHHED TO LLD FORUMS A PART PH TITS POT:ICY: SCIF FORM 262A (REV. 12 -80) DUPLICATE c n STATE ` COMPENSATION P.O. BOX 807, SW FRANCISCO, CALIFORNIA 94101 . INSURANCE FUND Nar^Ii 16, 1982 CERTIFICATE OF WORKER'S COMPENSATION INSURANCE POLICYNUMBER: CERTIFICATE EXPIRES: Cit,, pf Ne-Npo--t, 8eac'. 330-0 Ne ?»ort Blvd— Newport Beach; Ca:. 92663 This, IS3o�gertify.,that we._h yg_issued..a.vajid Worker's. Cam._gensatjon_ insurance. olic _m a form approved by the California_,_. _ Insurance Commissioner to the employer named'below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. .. We will also give you'TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.. Notwithstanding. any requirement, term, or condition of any .contract or, other document with respect to which this certificate of insurances may be issued or may pertain, the insurance afforded by the. policies .. described herein is subject to all the terms, exclusions and conditions of such policies. EMPLOYER ` PRESIDENT I George DaS.O41c-- and Son, Inc. 1-957 'jf. Sa .ta Arne co-n race ,x2200 ere3no, Ca. 73705 i >. SCIF FORM 2624 (REVJ2b9). DUPLICATE C011NANT MUTUAL INSURANCE COMMMPNY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint �miE�Z �I m eR. its true and lawful Attorney (s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizance:, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney is) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and seated, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: f f Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By M6 �r A/" . Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. ?/ OTAA+; T. Notary P�Wji My commission expires March 31, 1978 e ......... • • � °Iet�jtC'4,; f CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the abcve- quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 26th day of March 79 82 Assistant Secretes V . CERTIFICATE OF INSURANCE • City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED George Dakovich & Son, Inc. Violet Dakovich DBA George Dakovich Page 13 AFFORDING COVERAGES Letttery A Ohio Casualty Company I B Mission attar ny C ompany D etter 1957 W. Santa Ana Company E Fresno. CA 93705 Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the exp' ation date thereof,the Insurance Company affording coverage shall provide 3 days' advance notice to the City of Newport Beach by register e ma attention: Public Works Department. By: / N..f Agency: Langan Bonding & Insurance Agency Inc. Authorized Rep esentati e 3/25/82 Michael R. La an Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Sewer Main Replacement Program #2200 Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. m Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro uc s/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations A GENERAL LIABILITY Premises - Operations 1x XComprehensive Form Expl osion & Collapse Hazard KLw 140797 2/1/83 Bodily Injury Property Damage $ $ $ $ Underground Hazard Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $ 500 $ 500 x Independent Contractors x Personal Injury Marine Personal Injury incl $ Aviation A AUTOMOTIVE LIABILITY Comprehensive Form Qx Owned %AW 140797 2/1/83 Bodily Injury (Each Person $ $ o y IF Each Occurrence Ox Hired Pro ert ama e Ox Non -owned odi y Injury and Property Damage Combined $ 500 EXCESS LIABILITY B © Umbrella Form MN Bodily Injury [� Other than Umbrella Form 002635 2/1/83 and Property Damage Combined $ 5 000 $ 5,000 WORKERS' COMPENSATION Statutor ac and EMPLOYER'S LIABILITY Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the exp' ation date thereof,the Insurance Company affording coverage shall provide 3 days' advance notice to the City of Newport Beach by register e ma attention: Public Works Department. By: / N..f Agency: Langan Bonding & Insurance Agency Inc. Authorized Rep esentati e 3/25/82 Michael R. La an Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Sewer Main Replacement Program #2200 Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. m • • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT it is agreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( X) Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence each occurrence $ 500,000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiation date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: _Sewer Main Reevl_ac�ement Program #2200 — project Title and Contract No.). This endorsement is effective 3/25/82 at 12:01 A.M. and forms a part of Policy No. XAW 140797 George Dakovich & Son, Inc., Violet Named Insured Dakovich DBA George Dakovich Construction C1. Endorsement No. Name of Insurance Company Ohio Casualty By-- - - - - -- Ete—, Authorized Rep esentat' Michael R. Langan • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach., 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ __each occurrence ( � Single Limit Bodily Injury Liability $ 500,000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Sewer Main Replacement Program #2200 Project Title and Contract No. This endorsement is effective _ Policy No. KLW 140797 George Dakovich & Named Insured nRA r-- -moo 3/25/82 Son., Inc Name of Insurance Company Ohio Casualty at 12:01 A.M. and forms a part of Violet Dakovich Endorsement,ryo. a -- Authorized Repres ntative' Michael R. Langan- 0 CONTRACT . Page 16 THIS AGREEMENT, entered`o this&Z,day of by and between the CITY OF NEWPORT ftCH, hereinafter "Cit ," and hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: e of Project 2200 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: SEWER MAIN REPLACEMENT PROGRAM 2200 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred D s ($ 149.789.00 ) This compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work;,but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) . . Page 17 (f) Plans and Special Provisions for SEWER MAIN REPLACEMENT PROGRAM. 2200 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: iity Clerk APPROVED AS TO FORM: ty Attorney CITY OF NEWPORT BEACH BY 466kae George Dakovich & Son, Inc. Contr ctor By �f^ Its By Its CITY CONTRACTOR II 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 1981 -82 SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2200 SCOPE OF WORK SP 1 of 6 The work to be done under this contract consists of removing and replacing existing sewer main and alley improvements; adjusting existing City -owned utility frames and covers to finished grade, and other incidental items of work. The contract requires the completion of all the work in accordance with these Special Provisions; the Plans (Drawing No. S- 5091 -S); the City's Standard S ec11 Provisions and Standard Drawings; and the Standard Specifications for Public Works Construction, 1979 Edition, including Supplements to date. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. A copy of the Standard S ecial Provisions and Standard Drawings may be purchased at the Engineer s office for $5. TIME OF COMPLETION All work under this contract shall be completed by June 11, 1982 or within seventy -five (75) consecutive calendar days after the start of work, which- ever comes first. The Contractor shall complete all work on each alley or street within twenty (20) consecutive calendar days after beginning work on that alley or street. The term "work" as used herein shall include all removals, adjustments, and replacements; construction of sewer improvements; construction of alley pave- ment, alley approaches, adjacent street pavement, curb, driveways,.sidewalk, adjacent P.C.C. or A. C. garage approaches and A. C. joins. Also included within the specified period is curing time for the new P.C.C. improvements. In summary, this means that each alley or street and every garage approach with access from that alley must be returned to normal vehicular use within twenty (20) consecutive calendar days from the day it is first closed to such use. The Contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the Contractor will not be able to meet this schedule, he will be prohibited from starting work in additional alleys or streets until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work III IV • • SP2of6 shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the twenty (20) consecutive calendar days allowed for 100% completion of the construction work in each alley or street and the alley's or street's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project within the specified time. The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the alley construction in an orderly, pre - planned, continuous fashion, so as to minimize the time an alley is closed to vehicular traffic. No work shall begin until a schedule of work has.been approved by the Engineer. PAYMENT The unit or lump sum price bid for each item of work shown on.the Proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work, not separately provided for in the proposal, shall be included in the unit price bid for each item of work. TRAFFIC CONTROL AND ACCESS The Contractor shall provide traffic control and access in compliance with Section 7 -10 of the Standard Specifications and with the standards contained in the Work Area Traffic Control Handbook WATCH), also published by Building News, Inc. NOTICE TO RESIDENTS Between 48 and 55 hours before closing a section of street.or alley or restrict- ing vehicular access to garages or parking spaces, the Contractor shall distri- bute to each affected address a written notice stating when construction operations will start and approximatley when vehicular accessibility will be restored. Twenty -four (24) hours before shutting off water service to any residence, the Contractor shall distribute a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. "NO PARKING" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs). In addition, it shall be the Contractor's responsibility to notify the City's Police Depart- ment, Traffic Division (714) 644 -3742 for verification of posting at least 48 hours in advance of the need for enforcement. N VI a • SP3of6 The signs shall (1) be made of white or buff card stock; (2) have minimum dimensions of 15 inches wide and 18 inches high; (3) to be lettered in red except for the day and date of work; and (4) conform to the dimensions shown as follows: TEMPORARY NO PARKING TOW AWAY 6 A.M TO ZONE -+T 6 PM. IN C.VC. 22652 B NEWPORT BEACH POLICE DEPT. 4" 673 -2211 /;: CONSTRUCTION SURVEY STAKING Field staking for control of construction will be provided by the Engineer. WATER The Contractor shall make provisions for obtaining and applying water necessary to perform his work. If the Contractor elects to use City water free of charge, it shall be his responsibility to make arrangements by contacting the City's Utilities Superintendent, Mr. Gil Gomez at (714) 640 -2221. VII. SURFACE AND GROUND WATER Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin (s) sufficient to prevent such material from migrating into the bay. • SP4of6 VIII CONSTRUCTION DETAILS A. SEWER The Contractor shall be responsible for maintaining sewer service at all times during construction of this project. Method of main- taining service shall be approved by the Engineer. 1. Sewer Alternatives The Contractor shall select either of the following alterna- tives specified and shall use the selected material homogenously for sewer items no. 1, 2, and 3 of the proposal: a. Vitrified Clay Pipe (V.C.P.) (1) Sewer Main Sewer pipe, house connections (H.C.) terminal and H. C. cleanouts, and fittings shall be extra strength Vitrified Clay Pipe (V.C.P.). (2) House Connections (H.C.) New H. C. laterals shown on the plan shall be aligned perpendicular to the new sewer main. To accomplish this, the Contractor shall determine the exact location of existing HC at property lines prior to laying new pipe. The material and size of existing laterals at property lines may vary and shall be verified by the Contractor at his own expense. The Contractor shall furnish and install a sewer clean - out at each house connection lateral shown on plans. (3) Manhole Connections Manhole connections shall be water tight. The vitrified clay pipe shall be cement grouted to existing manholes. b. Polyvinyl Choloride (PVC) (1) Sewer Main Sewer pipe, house connections (H.C.), terminal and H. C. cleanouts, and fittings shall be Polyvinyl Chloride (PVC) SDR 35 and shall conform to the requirements of ASTM D1784 and 3034. The PVC ipe shall have a nominal dia- meter of eight inches (8 "� and shall have integ ral bell and spigot connections with elastomeric gaskets. (2) House Connections (H.C.) - See "Construction Details" Section VIII - A.l.a..(2). 0 0 • SP5of6 (3) Manhole Connections Manhole connections shall be water tight. Approved methods for connection can be made as follows: a) Manhole couplings providing elastomeric gasket seal. Unit is grouted into manhole wall. Pipe inserts into coupling. b) Waterstop in various forms (e.g. flexible boot or sleeve, 0 -ring or gasket) produced from elastomeric compound is grouted or locked into manhole wall. Pipe inserts into waterstop. c) Grouted connections directly to PVC pipe may be effective if the pipe at the connection is first softened with solvent and covered with sand. c. Fiberglass Composite Pipe (RPM) (1) Sewer Main Sewer pipe, house connections cleanouts, and fittings shall reinforced thermosetting resin liner. (H.C.), terminal and H.C. be filament - wound, glass fiber pipe with thermoplastic resin Fiberglass pipe shall be produced from Type I, Grade 1, Class HZ5001 material in accordance with ASTM D 2996 and shall be "Permastran" as manufactured by Johns - Manville or approved equal. The RPM shall have a nominal diameter of eight inches (8 ") and shall have integral bell and spigot connections with elastomeric gaskets. All pipe displaying evidence of separation between the PVC core and the fiberglass epoxy overwrap shall be sufficient cause for rejection of the pipe. All pipe, fittings, and connections shall not fail when subjected to tests outlined in AWWA C 900. (2) House Connections (H.C.) - See "CONSTRUCTION DETAILS" VIII -A la (3) Manhole Connections- See "CONSTRUCTION DETAILS" VIII -A 1 b STREET AND ALLEY 1. Removals and Excavation Existing Portland cement concrete or asphalt concrete improvements to be removed shall be sawcut a minimum depth of 2 inches. Final removal at the sawcut lines may be accomplished by the use of jack- hammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. d SP6of6 2. Asphalt Concrete The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications except as modified and supplemented be ow: Asphalt concrete furnished for trench restoration and patching shall be Type III -D -AR 4000. Prior to placing the asphalt concrete, a tack coat of Type SS -lh asphaltic emulsion at a rate not to exceed one -tenth (1 /10) of a gallon per square yard shall be uniformly applied to the A.C. and P.C.C. contact surfaces. The surface shall be free of all loose material or dust when the tack coat is applied. 3. Existing Utilities A. City -Owned The Contractor shall adjust to finished grade all sewer manholes, sewer cleanouts, water meter boxes, water valve covers, and monuments prior to the placement of P.C.C. pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. t* t���� MMM�arch 22, 1982 �W ITEM NO. AG N4A,�1 MAR 2 2 1982 ITEM NO. TO: CITY COUNCIL By the CITY COUNCIL CITY OF NEYYPORT MACH FROM: Public Works Department SUBJECT: 1981 -82 SEWER MAIN REPLACEMENT PROGRAM (C -2200) RECOMMENDATION: Award Contract No. 2200 to George Dakovich & Son, Inc., for $149,789, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on March 11, 1982, the City Clerk opened and read the following bids for this project: * Corrected Bid Total is $156,778.00. ** Corrected Bid Total is $232,549.90. * ** Corrected Bid Total is $328,102.00. The low bid is 24.1% below the Engineer's estimate of $200,000. The disparity between the estimated and bid amounts is attributed to an intense com- petition among pipeline contractors caused by scarcity of such work. The low bidder, George Dakovich & Son, Inc., has not performed work in the City; however, a check of his references reveals that he has satisfac- torily completed similar work for other public agencies such as the City of Porterville and the Fresno County Water District. Bidder Amount Bid Low George Dakovich & Son, Inc. $149,789.00 2. P.K.B. Cc 156,857.00* 3. John T. Malloy Inc. 168,974.00 4. Peter C. David Co. 170,521.50 5. G. R. Frost 173,520.00 6. Savala Construction Co. 173,632.25 7. Matt J. Zaich, Jr. 188,562.00 8. Lawrence Gosh Construction Corp. 193,292.00 9. N. A. & J. Frank Artukovich 195,247.00 10. Clarke Construction 219,400.50 11. W.R. Co. 233,045.90 ** 12. C.K. Pump & Dewatering Corp. 255,819.00 13. Desatoff Construction Co. 328,097.00 * ** * Corrected Bid Total is $156,778.00. ** Corrected Bid Total is $232,549.90. * ** Corrected Bid Total is $328,102.00. The low bid is 24.1% below the Engineer's estimate of $200,000. The disparity between the estimated and bid amounts is attributed to an intense com- petition among pipeline contractors caused by scarcity of such work. The low bidder, George Dakovich & Son, Inc., has not performed work in the City; however, a check of his references reveals that he has satisfac- torily completed similar work for other public agencies such as the City of Porterville and the Fresno County Water District. • • V .I March 22, 1982 Subject: 1981 -82 Sewer Main Replacement Program (C -2200) Page 2 This project provides for sewer main replacement in two streets and three alleys on Balboa Peninsula, as shown on the attached exhibit. The work is part of the continuing program to replace deteriorated sewer mains in the City. funding for award is proposed from the Sewer Main Replacement Program, Account No. 02- 5581 -102. The plans and specifications were prepared by the Public Works Department. The estimatYeddJ date of completion is June 11, 1982. Benjamin B. Nolan Public Works Director GW:jd Att. , q �J , Ml ird �� a C) 2�J �S1Y\0 < \vl `.. . G) IS t� v A. I V pr L � 1 Y, A VICINITY M C? 9� �� LOCATION MAP CITY OF NEWPORT BEACH �ns ORANGE COUNTY, CALIFORNIA : (� PUBLIC WORKS DEPARTMENT <E [fEl CITY OF NEWPORT BEACH DRAWN-C.W. DATE 1-1--AZ PUBLIC WORKS DEPARTMENT APPROVED 1981 -82 SEWER REPLACEMENT PROGRAM PUBLIC WORKS R.E. NO. DRAWING No. EXHIBIT 91: C _ l LOA ♦N 10? (�plk .A, 0 I C VICINITY M C? 9� �� LOCATION MAP CITY OF NEWPORT BEACH �ns ORANGE COUNTY, CALIFORNIA : (� PUBLIC WORKS DEPARTMENT <E [fEl CITY OF NEWPORT BEACH DRAWN-C.W. DATE 1-1--AZ PUBLIC WORKS DEPARTMENT APPROVED 1981 -82 SEWER REPLACEMENT PROGRAM PUBLIC WORKS R.E. NO. DRAWING No. EXHIBIT 91: � Q� ► d CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2200 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: PR la The undersigned declares that he has carefully examined the location of the work has read the Instructions to Bidders, has examined the Pl.ans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this contract in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 2,324 Remove and replace existing 8 -inch diameter Lineal Feet sewer main @ "jlri�tr SCl/EA1 Dollars and Cents $ 27,06 $ Per Lineal Foot 2. 1,625 Remove and replace existing house con - Lineal Feet nection f Dollars and Cents $ 2S. 00 $_ (LLZ S- Per Lineal Foot 3. 124 Provide and install house connection Each cleanout @ U )o �lvtO lbgtU Dollars and Cents $ X00 .Oct $ 2 Gv 4. 1 Construct sewer manhole Each @-ORC_ j 'USAh3h Dollars and Cents $ OGO W $ 1 000. Each 11 0 PR lb ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 2 Remove and replace existing terminal Each cleanout @ �1 V VNDREI� Dol tars and j GG. OG Cents $ - $ F ocri - Each — ),D, 6. 2,200 Remove existing and construct alley Square Feet approach Dollars and Cents $ OO $ Per Square Foot 630 Remove existing and construct P.C.C. Square Feet street pavement with 8 -inch thick P.C.C. Dollars and Cents $ CiO $ Z.G - Per Square Foot 1,037 Construct 4 -foot -wide P.C.C. strip Lineal Feet gutter @ l_ICT� 1 Dollars and Cents $ G,G $; Per Lineal Foot TOTAL PRICE WRITTEN IN WORDS: tJL ��IiNDCtEI� Jitiz'(`C 1 \ei�' Dollars Fh ;a S c�1C}J lti} il�K(� r I mill -� iJ l NL $ 7 UO CONTRACTOR'S LICENSE NO. �q y X15 DATE MINQ k1 (� 13) .3 25' -2 -41 '1 'Ridder's Telephone Number G—CL R(', b Bidder Authorized Signature /Title • • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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 apprenticeable occupations. kILJ 315 A Contr's Lic. No. & Classification Date Bidder Authorized Signature/Title • • Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 2. 3 4, 5. 6. 7. 8. 9. 10. 11. 12. '�' C 6- > � I c.ti S- , �K- _ Bidder V�/Y�Y� � C'�� Authorize8 Signature /Title )� • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, George Dakovich & Son Inc. , as bidder, and Covenant Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the total amount of the bid in- - - - - -- Dollars ($ 10% ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Sewer Main Replacement Program 2200 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN March WHEREOF, g hereunto set our hands and seals this 11th day or of 19 . George Dakovich & Son, Inc. Bidder (Attach acknowledgement of Att rney -in -Fact Authorized Signature /Title Notary Public Commission Covenant Mutual ns rance Company expires `t � /y 6�f Sur Sur s M Title Attorney,�A -Fact f I State of California County of Los Angeles ss. On this 11th day of March 1982 , before me personally came Arthur j. Clement, ;it F to me known, who being by me duly sworn, did depose and say: that he is Attorney(s) -in -Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed T by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name OMC 7 r' (Nofory My Commission Ezpee,_ Rpr. 27 '. ^2 -: 'l CO *ANT MUTUAL INSURANCE COMAY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. Clement, Jr. its true and lawful Attorney (s)-in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and tobind COVENANTMUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: f '-• Y� Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By_ 1 Vice Presidfdt On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Wilkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. ns: �•� : n : My commission expires March 31, 1978 rO CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above- quoted provis,ons of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 1 th day of March 19 82 Assistant Secret y • . Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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. S_kA I' It _- Bidder Authorized Signature /Title Subscribed and sworn to before me this // C day of 19P. My commission expires: y�/f'/ Notary Public 1A EN. COUNTY 2s Apr. 27, 1984 • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Authorized Signature /Title 0 (Exhibit "A") 0 George Dakovich &.Son Incorporation Statement of Financial Condition Ending June 30, 1981 Assets Current Assets: Cash In Bank - General Account $ 14,005.00 Cash In Bank - Savings Acct- E.F.Rutton 100,000.00 Contracts Receivable Proceeds & Retained Earnings 2499569.00 Marketable Securities (Cost) 5,327.00.$ 3689901.00 Fixed Assets: Machinery & Equipment Account 39,716.00 Auto's Trucks & Trailers Account 27,816.00 Office ?urn. & Fixtures Account 349.00 Totals 679881.00 Less: Accumulated Depreciation 17,637.00 509244.00 Other Assets: Notes Receivable - Daniel Dakovich 71900.00 Bid Deposits - Refundable 79500.00 Federal & State Taxes 4,500.00 Insurance Deposits 21200.00 Prepaid Interest Exp, 14,641.00 369741.00 Total Assets $455,886.00 LIABILITIES & CAPITAL ACCOUNT Currents Liabilities: Accounts Payable- Current $ 67016.00 Contracts Payable- Current Portion 15,968.00 Accrued Payroll Taxes & Ins. Burden 119070.00 Accrued Officers Salaries Payable 309798.00 Accrued Provision Corp Taxes 6,408.00 131060.00 Other Long -Term Liabilities: Notes Payable - Violet Dakovich 50,000.00 Contracts Payable -Less Current Portion 409006.00 Deferred Corporation Taxes- 43,352.00 Deferred Income - Excess Billings over Costs 50,891,00 184,249.00 Stockholders Equity: Capital Stock -1000 Shares Issued Daniel Dakovich -500 Shares Violet Dakovich -500 Shares 1,000.00 Retained Earnings(Exhibit -B) 139,277.00 1400277.00 Total Liabilities & Capital $ 455.886.00 Date df Incorporation June 19 -79 California Corp # 933484 Authorized Shares 75,000 -0 $1.00 Par Value ( EXHIBIT "B" ) 0 George Dakovich & Son Incorporation Statement of Operations & Retained Earnings Ending 6 -30 -81 Gross Revenue: Earned Income Contracts Construction $ 1,126,746.39 Other Income 39,455.66 Totals, .... * ...... $1,166,202.00 Construction Costs: Labor & Burden Costs Materials Costs Repairs & Parts & Maint Costs Equipment Rentals Small Tools & Supplies Bonds & Insurance Expenses Subcontracts Interest & Financing Engineering Fees Other Direct Job Costs $ 217075.38 511,892.22 53,709.59 57,318.87 6,989.95 20,510.00 65.337.26 5,251.78 40,613.06 7,366.30 Gross Profit ..........................$ General & Administrative Costs: Office Stationery & Supplies - Utilities 79093.76 Legal & Acctg. Fees Business Fees T & E & Promotional Expenses Office & Yard Rental Bonuses Employee's Franchise Tax Board Officers Salaries- V.Dakovich Depreciation Expense 986,364.00 1799838.00 2,405.00 1,552.26 14,687.84 2,328.40 13,050.00 8,177.73 25,000.00 15.702.056 89,997.00 Net Profit Ending June $0 -1981 ................$ 89,840.00 Provision For Corp. Taxes ...................... 219408.00 Net Profit To Retained Earnings Surplus..,....,$ 68,432.00 Retained Easaings Statement: Notes: Balance Beginning Fiscal 6 -30 -80 Net Profit Balance Earned Surplus Account 6 -30 -81 Corp. Federal Taxes Reduced By Investment Credit. $1,278.00 $ 709845.00 68,432,00 $ 139,277.00 • 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 V18 �ELSW cu"Wr r 7-3-7 t;7�yc 14 I C(:n� (2(j) Bidder Authoriz 1gna� /Title �� THE 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: February. 24...1982 ... ...... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this24 dayofFebrual -� 1982 ��(� n 11 ^ aa.� �G✓1 Scram Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. This space is Icr une Ccanty Cheri s Filing Stamp PUBLIC NOTICE - NOTICE INVITING BIDS Proof of Publication of SEWER MAIN REPLACEMENT PROGRAM PROOF OF PUBLICATION s TO: CITY COUNCIL FROM: Public Works Department February 22, 1982 CITY COUNCIL A?DA ITEM NO. �--. i SUBJECT: 1981 -82 SEWER MAIN REPLACEMENT PROGRAM (C -2200) FEB ? ? 1987 c:OUNCIL RECOMMENDATIONS: r 7',, OR7 AFArH 1. Approve the plans and special provisions for subject project. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A. M. on March 11, 1982. DISCUSSION: This project provides for sewer main replacement and alley improvements in two streets and three alleys on Balboa Peninsula, as shown on the attached exhibit. The work is part of the continuing program to replace deteriorated sewer mains in the City. The project will increase the main's capacity and reliability. The Engineer's estimate for the work totals $200,000, of which $8,000 is for alley improvement, and $192,000 is for sewer replacement. Sufficient funds are available in the current budget for the alley improve- ments. $180,000 is available for sewer main replacement. If required, additional funds may be transferred from another sewer account to provide for award of contract. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is June 11, 1982. Benjamin B. Nolan Public Works Director GW:rb Att. p \e1)' �n'S • •/�. +� �'li r �U c pi o I I C r�t1j ©tom I 0.iu'a' 2 it Md 3r ) N ^` nl� }' C:� ! �. x�Y,ll n i nJD\>dr' _ =W POA It L yn °.� APR i r —\ \\c7Tj NSI 0 C ,. o i�`$ VICINITY M s \. � B � JC, \\ O wurd�k'���i Vii. .`�\ \s �`.`•� \�`\2f`i .\ "IN 91 II nh�\41B- �'•�.'. af m v r LOCATION MAP CITY OF NEWPORT BEACH K'\ !'�\ ORANGE COUNTY, CALIFORNIA PUBLIC WORKS DEPARTMENT em wo ace •nw z CITY OF NEWPORT BEACH DRAWN Ci DATE 1-66-62 PUBLIC WORKS DEPARTMENT APPROVED 1981 -82 SEWER REPLACEMENT PROGRAM PUBLIC WORKS R.E. NO. C -2200 DRAWING No. EXHIBIT,