HomeMy WebLinkAboutC-2443 - Upper Newport Bay Water Main Crossing Repair-Ah
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
December 9, 1985
George Dakovich & Son, Inc.
422 Camino Del Campo
Redondo Beach, CA 90277
(714) 644 -3005
Subject: Surety: Industrial Indemnity Company
Bonds No.: YS855 -4263
Contract No.: C -2443
Project: Upper Newport Bay Water Main Crossing Repair
The City Council on November 12, 1985 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 was recorded by the Orange County Recorder on November 18,
1985, Reference No. 85- 463899. Please notify your surety company
that the bonds may be released.35 days after this date.
Sincerely,
1 �
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works
3300 Newport Boulevard, Newport Beach
PLEASE RETURN TO: 8J X46 9
City Clerk /�. p(EMPT RECORDING REQUEST PE�
City of Ne of WWBea h� GOVERNMENT CODE 6103
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
NO CONSIDERATION
NOTICE OF COMPLETION j
PUBLIC WORKS
C11
I o All Laborers and Material Men and to Every Other Person Intere
co
>/
,'o
YOU WILL PLEASE TAKE NOTICE that on November 12, 1985 _
the Public Works project consisting of Upper Newport Bay Water Main Crossing Repair
on which George Dakovich & Son Inc 422 Camino Del Campo Redondo Reach, CA 90277
was the contractor, and Industrial Indemnity Company P.O. Box 2252, Terminal Annex, _
was the surety, was completed. Los Angeles, CA
VERIFICATION
I, the undersigned, say:
/CIIT(Y OF NEWPORT BEACH
t //i/� ✓ter '1 ✓��*-
_Public' 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 November 13, 19-85 at Newport Beach, California.
Public W rks 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 November 12, 1985 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 November 13, 1985 at Newport Beach, California.
I1
L 4��L� City Clerk
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-3 ag PM NOV 18 '85
RECORDER
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
November 14, 1985
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
Attached for recordation is Notice of Completion of Public Works
project consisting of Upper Newport Bay Water Main Crossing Repair,
Contract No. 2443 on which George Dakovich & Son, Inc. was the
Contractor and Industrial Indemnity Company was the Surety.
Please record and return to us.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
cc: Public Works
3300 Newport Boulevard, Newport Beach
• TO: CITY COUNCIL
FROM: Public Works Department
it
BY THE Cil'' COUNCIL
CITY OF NE'cWPORT BEACH
NOV 12 1 9135
November 12, 1985
CITY COUNCIL AGENDA
ITEM NO. F -17
SUBJECT: ACCEPTANCE OF UPPER NEWPORT BAY WATER MAIN CROSSING REPAIR (C -2443)
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 Upper Newport Bay water main crossing repair
has been completed to the satisfaction of the Public Works Department.
• The bid price was $157,250.00
Amount of unit price items constructed $157,250.00
Amount of change orders 16,755.31
Total contract cost $174,005.31
Funds were budgeted in the Water Fund, Account No. 50- 9297 -176.
During the pressure test, the repaired pipe shifted, pulling apart
at the connection. A restraining system was designed and installed after re-
aligning the pipe. A change order in the amount of $16,755.31 was issued to
cover the cost of this work.
The contractor is George Dakovich & Son of Redondo Beach,
California.
The contract date of completion was September 14, 1984. The
contractor was unable to obtain the pipe from the sole manufacturer until
early November, 1984. The work was completed in December when the pressure
test resulted in the pipe moving and pulling apart. When the design of the
restraining system was complete, the underwater sub- contractor was busy on a
long -term project. The extra work was completed on September 6, 1985.
J,
Benjamin B. Nolan
Public Works Director
GPD:jd
0
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: August 23, 1984
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(7141640-2251
SUBJECT: Contract No. C -2443
Description of Contract Upper Newport Bay Water Main Crossing
Effective date of Contract August 22, 1984
Authorized by Minute Action, approved on July 23, 1984
Contract with George Dakovich & Son, Inc.
Address 422 Camino del Campo
Redondo Beach, CA 90277
Amount of Contract $157,250.00
kaWj& F
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
i. CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach.,.: GA 92663 until 10:00 A.M.
on the 11th day of July 1984`-i`it which time sucFbids
opene
shall be d and read for
e
2443
Contract No.
$65,000
Engineer's Estimate
ORN%
Approved by the City Council
this 25th day of June , 1984.
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 John Wolter at 640 -2281.
Project Engineer
E
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UPPER NEWPORT BAY
WATER TRANSMISSION MAIN
CROSSING REPAIR
CONTRACT NO. 2443
PROPOSAL
TO THE HONORABLE CITY COUNCIL
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92663 -3884
Gentlemen:
0
PR 1.1
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 Contract No. 2443 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 Estimated Item Description With Lump Sum nit ota
No. Otv. & Unit or Unit Price Written in Words Price Price
1
1. LUMP UM Construct water main repair, complete
in place, including, but not limited
to removals, piping, valves, fittings,
and other appurtenances, exclusive of
Bid Item No. 2, all as shown on the
plans and described in these Special
Provisions.
One Hundred Forty
@ Two Thousand Dollars
and
No Cents
LUMP SUM
475
2. CUBIC YA D Furnish and place 1 -1/2" crushed
aggregate, complete in place.
@ Thirty Dollars
and
PER CUBIC YARD — Cents
� 111 � 111
$ 30. $ 14,250.
0 0 PR 1.2
Item Estimated Item Description With Lump Sum Unit ota
No. Qty. & Unit or Unit Price Written in Words Price Price
1
3. LUMP Guard underground construction.
@ One Thousand Dollars
and
No - - - - - - - - Cents $ 1,000.00 $ 1,000.00
LUMP UM
TOTAL BID PRICE WRITTEN IN WORDS
One Hundred Fifty Seven
Thmicnnri Twn Hiinrirad Fifty Dollars
and
No - - - - - - - - - - - - - - Cents
( 1 3 5 -24 one 17
Bidder' e ep Number
$ 157.250.00
GEORGE DAKOVICH & SON, INC.
MFe r
S /Vladimir Popovich, Construction Manager
Authorized Signature t e
422 Camino Del jam Do
Bi der s dress
Redondo Beach, CA 90277
1 4375 A
ontractor s License No.
422 Camino Del Campo
Contractor's A ress
(213 325 -2417
tractors %gip one Number
. • 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:
PROPOSAL
INSTRUCTIONS TO BIDDERS
DESIGNATION OF SUBCONTRACTOR(S)
BIDDER'S BOND (sum not less than 10% of total bid price)
NON- COLLUSION AFFIDAVIT
STATEMENT OF FINANCIAL RESPONSIBILITY
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
_ July 11, 1984 S /Vladimir Popovich, Construction Manager
Date Authorized Signature /Title
• • 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. Offshore Work Submarine Engineering 504 31st Street
Associates Newport Beach, GA 92
2. (714) 673 -5577
3.
4.
5.
[.1
7.
8.
9.
10.
11.
12.
1• 1; .1 1 1
Mgr.
Authorized ?,nature /Title
FOR ORIGINAL SEE CITY *ERK'S FILE COPY. .
Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, George Dakovich & Son. Inc. , as bidder,
and Industrial Indemnity 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 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
Upper Newport Bay Water Main Crossing Repair 2443
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 9th day
Of July , 19$4
�:
.,-
(Attach acknowledgement of
Attorney -in -Fact)
S /1lladimir Pn on vich, Construction Manager
S /lidith H_ McNiff Authorized Signature /Title
Notary Public
INDUSTRIAL INDEMNITY COMPANY
Commission expires 3 -1 -88 Surety
By S /Michael R. Langan
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.
Subscribed and sworn to before me
this gth day of July ,
1984.
My commission expires:
GEORGE DAKOVICH & SON, INC.
Bidder
S /Vladimir Popovich, Construction Mgr.
Authorized Signature /Title
S /Judith H. McNiff
Notary Public
FOR ORIGINAL SEE CIT *ERK'S FILE 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.
On file with City Clerk.
S /Vladimir Popnyica construction Mar.
Authorized �ignare /Title
LI
0 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
leted For Whom Performed (Detail) Person to Contact Teleohone No.
MMOUTUNN I HKUVN�TAMM
uthorized Signature /Title
0
NOTICE
. Page 8
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 li & 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
(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 fora 1 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.
•
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
Bond No. YS855 -4263
Page 9
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted July 23, 1984
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 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
George ➢akovich & Son, Inc.
as Principal, and Industrial Indemnity Company
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One hundred
Fifty seven Thousand two hundred fifty and no /100ths - - -- Dollars ($157,250.00
said sum being equal to 100% 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 3250 of the
Civil 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
E
Payment Bond (Continued)
0 Page 10
this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil 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 31st day of July 19 84
George Dakovich & Son, Inc. (Seal)
Name of Contractor Principal
Authorized Signature and Title
Industrial Indemnity Company (Seal)
Name of Surety
P.O. Box 2252, Terming Annex, Los Angeles, CA.
Address qF.Surety
tk 0 a v
oved as to form: - Signat re and Titl o Aut ized gent
4 n A A _A I Mic ael R. Langa , Attorney -in -Fact
(213) 681 -4814
Telephone No. of Agent
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�Rnofo all men bg these presents:
Industrial Indemnity
C sCrvm s,q rw,tw orp,MUlbn
NOME CW ME: SAN rR11 SCO
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
---------------------- --------- - - - - -- MICHAEL R. LANGAN -----------------------------------
its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
---------------------- ------------- -- - - -- UNLIMITED--------- ---- ----------- --------- - - - - --
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the resolution adopted by unanimous consent of the Executive
Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 3, 1983, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President or Vice President
of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, or the Secretary's designee, be, and he
hereby is, authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such
Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertaking, stipulations, consents and all contracts
of suretyship, and to attach the corporate seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise reproduced, and that the facsimile signature of any person who shall have been such officer of this Company at
the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 30th day of September , 19 83 .
�y ` °o' Attest: INDUSTRIAL L' EMNITI' COMPANY
aiaxeourm Ti
s BYA k 19a
op! By
`R��tneB c�vsc 1• ry u er, esigna a Secretary e �
California September 30, 1983
State of l On , before me,
J(S SS. C. H. Brown
San Francisco
County of the undersigned Notary Public,�personally a eared
turrmm�ruwnnrnnnn ,uou,.n„uunnnu,■ rKenneth N. Rvan and Mary Mue�>�er
C. N. BROWN = EJ personally known to me
NOTARY PUBLIC - CALIFORNIA E ❑ proved to me on the basis of satisfactory evidence
ice^ rT CITY 8 COUNTY Of SAN nzANCISCO p' to be the persons) who executed the within instrument as
Tom, MY Commiuim Expires MY 7.1987 - Vice President and Designated Secretary
O, Url, Irrerr ,RHNerrrOp,,,p,,,,,ur,xp00010,r
or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution adopted by unanimous consent of the Executive
Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 3, 1983 and that the same is in full force
and effect.
Witness my hand and official seal. C
Notary's Signature
I, Mary Mueller, Designated Secretary of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 31St day of July
'19 84
SEAL
,v U., RBA (a /aat Mary Mueller esl.gna a ec
Bond No. YS855 -4263
i Page 11
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted 1„111 23 1QR4
has awarded to AFQRGF i..O ON
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 Industrial Indemnity Company
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of one
hundred Fifty seven Thousand two hundred fife and no /100ths -- Dollars ($157,250.00 ),
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
• Page 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 31st day of July 19 84
George Dakovich & Son, Inc. (Seal)
Name of Contractor (Principal)
Authorized Signature and Title
Industrial Indemnity Company (Seal)
Name of Surety
P.O. Box 2252, Terminal 4*ex, Los Angeles, CA.
Signatujrk and Title oq Authori d Agent
MichaeX R. Langan, Attorney-in-Fact
Approved as to form:
100 N. Hill Ave. Ii102, Pasadena, CA. 91106
Address of Agent
City Attorney
(213) 681 -4814
Telephone No. of Agent
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�ofoer of �ttornq #1663 Industrial Indemnity
- NCwfE t>FFKE: S.NFMt6,3e0
�Rntlfv all men bg these presents:
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
------------ --------------- ---- - - - - -- MICHAEL R. LANGAN -----------------------------------
its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
----------- --- -- ------ -- -- -- ------- - - - --- UNLIMITED------------------ -------- -- ----- - - -- --
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the resolution adopted by unanimous consent of the Executive
Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 3, 1983, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President or Vice President
of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, or the Secretary's designee, be, and he
hereby is, authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such
Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertaking, stipulations, consents and all contracts
of suretyship, and to attach the corporate seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise reproduced, and that the facsimile signature of any person who shall have been such officer of this Company at
the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that be may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 30th day of September , 19 83 .
ty \�[MM,IY
Attest:
aimrFVS+rm 'S
`q�s eF``so ry u er, eslgna a Secretary
State of California On
INDUSTRIAL I ' EMNITY COMPANY
By.
e }
September 30, 1983
t SS. �. n. ncvwr.
San Francisco j
County of the undersigned Notary Public, personally appeared
�nnn +umuua+nueunn++xumrrnnanun,rr� Kenneth N. Ryan and Mary Mueller
C. H. BROWN C� personally known to me
NOTARY PUBLIC - CALIFORNIA ❑ proved to me on the basis of satisfactory evidence
Cltt d COUNTY OF SAN 13t4NUX0 to be. the persons) who executed the within instrument as
MY Comrrxnien EsPms IuIY 7, 1917 P d
• Vice resi ent and Designated Secretary
■ .................................... -...
, before me,
or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution adopted by unanimous consent of the Executive
Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 3, 1983 and that the same is in full force
and effect.
Witness my hand and official seal. _ , (-
`�4
Notary's Signature
1, Mary Mueller, Designated Secretary of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 31St day of July , 19 84
SEAL
,von RaA (8183) Mary Mue er esigna a ec
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED
Dakovich & Son, Inc.
422 Camino Del Campo
Redondo Beach, CA. 90277
CERTIFICATE OF INSURANCE
Page 13
CE COMPANIES AFFORDING COVERAGES
Company A
Letter
Letter Letter B COMSTOCK INSURANCE
ny C
r
ny D
r
ny E
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 ex iration date thereof, the.Insurance Company affording coverage o shall provi30 days' advance notice to the City of Newport Beach by
registered N1, attention: Public Works Department.
By:
ve
Agency: Langan Bonding & Insurance Agency, Inc.
7 -31 -84
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:
Upper Newport Ba Water Main Crossing Re air (C- 2443).
Project Tit a 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.
n
Policy
MITS OF LIABILITY IN THOUSANDS
000
COMPANY
TYPES OF INSURANCE
Policy
Exp.
g. ro uc s/
LETTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
Operations
GENERAL LIABILITY
x Comprehensive Form
x Premises - Operations
Bodily Injury
Property Damage
$
$
$
$
X Explosion & Collapse Hazard
A
x Underground Hazard
x Products /Completed Operations
Hazard
CAP
178129
6 -1 -85
Bodily Injury
and Property
x Contractual Insurance
Damage Combined
$ 500 CSL
$ 500 CSL
x Broad Form Property Damage
x Independent Contractors
x Personal Injury
Marine
Aviation
Personal Injury
$ Included
AUTOMOTIVE LIABILITY
Comprehensive Form
Bodily Injury
(Each Person
$
A
Owned
Hired
CAP
178129
6 -1 -85
$
bodily Injury
Each Occurrence
ro ert Damage
�x Non -owned
Bodily njury and
Property Damage
Combined
$ 600
EXCESS LIABILITY
B
® Umbrella Form
❑ Other than Umbrella Form
202-
105538
6 -1 -85
Bodily Injury
and Property
Damage Combined
5000
$
5000
$
WORKERS' COMPENSATION
Statutory
and
EMPLOYER'S LIABILITY
ac
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 ex iration date thereof, the.Insurance Company affording coverage o shall provi30 days' advance notice to the City of Newport Beach by
registered N1, attention: Public Works Department.
By:
ve
Agency: Langan Bonding & Insurance Agency, Inc.
7 -31 -84
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:
Upper Newport Ba Water Main Crossing Re air (C- 2443).
Project Tit a 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.
n
• , Page 14
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. 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 $ each occurrence
Property Damage Liability $ each occurrence
( X) Single Limit
Bodily Injury Liability $ 600,000 each occurrence
and
Property Damage Liability
Combined
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 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.
5. Designated Contract:
t Bay Water Main Crossing Repair (C- 2443).
ect Title and Contract No.).
This endorsement is effective 7 -31 -84 at 12 :01 A.M. and forms a part of
Policy No. CAP 178129
Named Insured George Dakovich & son, Inc. End rsement No.
Name of Insurance Company Consolidated American By
AuthOMfed R p esenta ve
• CITY OF NEWPORT BEACH 0 1 Page 15
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
(X) 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: Upper Newport Bay Water Main Crossing Repair (C- 2443).
Project Title and Contract No.
This endorsement is effective
Policy No. CAP178129
7 -31 -84
at 12:01 A.M. and forms a part of
Named Insured George Dakovich & son, Inc.
Name of Insurance Company Consolidated American By
• • Page 16
CONTRACT
THIS AGREEMENT, entered t this C O ay of 19 T ,
by and between the CITY OF NEWPORT KH, hereinafter "City,
GEORGE_AAKOVICH & SON. INC— hereinafter "Contract , "is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
UPPER NEWPORT BAY WATER MAIN CROSSING REPAIR 2443
Title of Project 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:
11PPFR W2 -B81-WATER MAIN CROSSING REPAIR 2443
itle 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
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
Tit e 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:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
J�.• f`
WriM
CITY
GEORGE DAKOVICH & SON, INC.
/
..
�
BY
By
Its
CONTRACTOR
Section 2 - Piping and Appurtenances
2 -1 General P -1
2 -2 Ductile -Iron Pipe and Fittings (DIP) 2 -1
2 -3 Flanges P -1
2 -4 Gaskets 2 -1
2 -5 Bolts and Nuts 2 -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UPPER NEWPORT BAY
WATER TRANMSSION MAIN
CROSSING REPAIR
CONTRACT NO. 2443
Special Provisions
INDEX
Page
Section 1
- General
1 -1
Specifications
1 -1
1 -2
Drawings
1 -1
1 -3
Location and Scope of Work
1 -1
1 -4
Time of Completion
1 -2
1 -5
Payment
1 -2
1 -6
Guarding Underground Construction
1 -2
1 -7
Protection of Existing Utilities
1 -2
1 -8
Guarantee
1 -3
1 -9
Construction Survey Staking
1 -3
1 -10
Liability Insurance
1 -3
1 -11
Access
1 -4
1 -12
Job Safety
1 -4
1 -13
Working Hours
1 -4
Section 2 - Piping and Appurtenances
2 -1 General P -1
2 -2 Ductile -Iron Pipe and Fittings (DIP) 2 -1
2 -3 Flanges P -1
2 -4 Gaskets 2 -1
2 -5 Bolts and Nuts 2 -1
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Special Provisions
UPPER NEWPORT BAY
WATER TRANSMISSION MAIN
CROSSING REPAIR
CONTRACT NO. 2443
SECTION 1 - GENERAL
1 -1 Specifications
•
All work shall be completed in accordance with these Special Pro-
visions, the City's Standard Special Provisions, and the City's Standard Draw-
ings and Specifications. The City's Standard Specifications are the Standard
Specifications for Public Works Construction, 198 edition. Copies may be pur-
chased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034 -
213/870 -9871.
1 -2 Drawings
The complete set of drawings for bidding and construction shall
consist of the following:
a) Upper Newport Bay Water Transmission Main Crossing Repair,
City of Newport Beach Drawing No. W- 5159 -S, Sheets 1 through
2 inclusive.
b) The City of Newport Beach Standard Drawings, 1982 edition.
1 -3 Location and Scope of Work
1 -3.1 The work to be accomplished under this contract consists of the
reconstruction of approximately 160 feet of 24 -inch ductile -iron water
transmission main within Upper Newport Bay northerly of Pacific Coast Highway.
1 -3.2 The work shall include, but not be limited to, the furnishing of
all labor, material and equipment necessary to remove and reconstruct a portion
of the existing water transmission main and other appurtenant work as indicated
on the plans and as may be described in these Special Provisions in order to
provide a complete and workable system to the satisfaction of the City of New-
port Beach.
1 -3.3 All work shall conform to the Standard Specifications, the Stan-
dard Drawings of the City of Newport Beach and these Special Provisions.
1 -3.4 In the event of any discrepancy between these Special Provisions,
the Standard Specifications, including the plans, the plans and Special Pro-
visions shall govern where they require a higher quality of workmanship and /or
material.
1 -1
1.4 Award of Contract, Time of
0
letion and Commencement of Work
1.4.1 The award, if made, will be within 60 days after the opening of
bids.
1 -4.2 All items of work shown on the plans, described in these Special
Provisions and listed as items in the bid proposal shall be completed in 90
CONSECUTIVE CALENDAR DAYS after the City Council awards the contract.
1 -4.3 The Contractor's schedule shall take into account and provide
time allowances for work to be accomplished by the various utilities. In
submitting his bid the Contractor shall consider the phasing of the work,
traffic control, access and limitation of hours of construction
1 -5 Payment
The unit or lump sum prices bid for the various items of work
shall be considered as full compensation for all labor, materials, tools, equip-
ment, and incidentals necessary to complete the work in place, and no additional
compensation will be made therefor. Compensation for work shown on the plans or
described in the specifications, but not separately provided for in the bid pro-
posal, shall be included in the prices bid for the various items of work listed
in the bid proposal and no additional compensation shall be allowed therefor.
1 -6 Guardinq Underqround Construction
1 -6.1 Trench excavation and backfill shall conform to Section 306 -1 of
the Standard Specifications and these Special Provisions.
1 -6.2 The walls and faces of all excavations over 5 feet in depth shall
be effectively guarded by a shoring system, sloping of the ground, or other
equivalent means. Trenches less than 5 feet in depth shall also be guarded when
examination indicates hazardous ground movement may be expected.
1 -6.3 The Contractor shall obtain a permit to perform excavation or
trench work from the Division of Industrial Safety, State of California, prior
to any construction.
1 -6.4 Compensation for guarding underground construction and complying
with all the provisions of this section including the cost of providing all nec-
essary information to obtain the permit and the cost of complying with the pro-
visions of the permit shall be included in the lump sum price for guarding un-
derground construction and no additional compensation shall be allowed therefor.
1 -7 Protection of Existinq Utilities
1 -7.1 The Contractor shall verify
existing utilities and shall protect said
construction. If the Contractor discovers
on the plans or in the Special Provisions,
neer written notification of the existence
shall be protected from damage as directed
tract caused by utility work for utilities
1 -2
the position and elevation of any
utilities during the course of the
underground facilities not indicated
he shall immediately give the Engi-
of such facilities. Such facilities
by the Engineer. Delays of the con -
not shown on the plans may occur and
will be considered an acceptable cause for time extension, but no idle time com-
pensation will be allowed.
1 -7.2 The Contractor shall protect in place and be responsible for, at
his own expense, any damage to utilities encountered during construction of the
items shown on the plans.
1 -7.3 The Contractor's attention is directed to Section 5, "Utilities,"
and Subsection 7 -9, "Protection and Restoration of Existing Improvements," of
the Standard Specifications for Public Works Construction, and these Special
Provisions.
1 -7.4 If the Contractor wishes to have any utility located, he shall
contact the responsible agency at least 48 hours prior to construction in the
immediate vicinity of the utility.
1 -7.5 The Contractor's further attention is directed to the utility
notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member
utilities will provide the Contractor with the locations of their substructures
in the construction area when the Contractor gives at least 48 hours notice to
the Underground Service Alert by calling 1- 800 - 422 -4133.
1 -7.6 The Contractor shall be responsible for contacting directly any
utility company having facilities within the work area to determine the lo-
cations of their substructures.
1 -8 Guarantee
The Contractor shall guarantee for a period of one year, after
acceptance of the work by the City Council, all materials and workmanship
against any defects whatsoever. Any such defects shall be repaired at the Con-
tractor's expense within 15 days of notice to do so from the City.
1 -9 Construction Survey Staking
Field surveys for control of construction shall be the respon-
sibility of the Contractor. All such surveys, including construction staking,
shall be under the supervision of a California licensed surveyor or civil engi-
neer. Staking shall be performed on all items ordinarily requiring grade and
alignment at intervals normally accepted by the agencies and trades involved.
Payment for construction survey staking shall be considered as included in the
various items of work, and no additional allowance will be made therefor.
1 -10 Liability Insurance
Section 7 -3 of the Standard Specifications is hereby amended as
follows:
The word "Agency," where used in this section, shall include the
City of Newport Beach, and Robert Bein, William Frost & Associates.
A standard "Special Endorsement of Insurance for Contract Work
for City" form has been adopted by the City. This form is to be attached and
made a part of all policies of insurance acceptable to the City. The successful
low bidder will be required to complete this form upon award of contract. A
1 -3
•
0
copy of this form is included herein for the Contractor's review. The minimum
limits of liability shall be:
Multiple Limits:
Bodily Injury
Property Damage
Single Limits
1 -11 Access
$ 500,000 each person
$1,000,000 each occurrence
$ 200,000 each occurrence
$ 500,000 aggregate
$1,000,000 Bodily Injury
and Damage Combined
Vehicular and pedestrian access shall be maintained at all times
to businesses, boat slips and residences adjacent to the project area; however,
where conditions preclude such access for reasonable periods of time (as
determined by the Engineer), access shall be restored at the end of each work
day.
1 -12 Job Safety
Contractor confirms that he is aware of all terms and provisions
of CAL -OSHA Safety Orders which pertain to the work described herein. Contrac-
tor is required to comply with all of said Construction Safety Orders and to
take all necessary steps to insure that all representatives, employees, and
agents of the Contractor on the jobsite will be fully knowledgeable of said Con-
struction Safety Orders.
1 -13 Workinq Hours
City ordinance limits working hours (including equipment mainte-
nance) to Monday through Friday from 7 a.m. to 6:30 p.m. and Saturday from 8
a.m. to 6 p.m. Violators are subject to citation and fine. Permission is
required in advance by City for any Saturday work.
1 -4
2 -1 General
i
SECTION 2 - PIPING AND APPURTENANCES
Except for those items furnished by the City, and installed by
the Contractor, the Contractor shall furnish and install all pipe, fittings,
closure pieces, supports, bolts, nuts, gaskets, jointing materials, and appurte-
nances as shown, specified and required for a complete and workable piping sys-
tem.
2 -2 Ductile -Iron Pipe and Fittings (D.I.P.)
2 -2.1 Flexible joint ductile -iron pipe shall have a minimum thickness
class of 60 with self restraining ball and socket type joints and a rated op-
erating pressure of 350 psi, as manufactured by U.S. Pipe, Clow Corporation, or
approved equal. Installation of this pipe shall be in strict accordance with
the manufacturer's recommendations.
2 -2.2 Push -on joint ductile -iron pipe and fittings shall have a minimum
thickness class of 51 with restrained joints and a rated operating pressure of
350 psi. The restrained joints shall be TR FLEX as manufactured by U.S. Pipe or
Super -Lock as manufactured by Clow Corporation, or approved equal.
2 -2.3 All ductile -iron pipe and fittings shall be cement lined in ac-
cordance with AWWA C104 -80.
2 -2.4 All ductile -iron pipe and fittings in contact with soil shall be
encased in polyethylene tubing in accordance with AWWA C105 -77.
2 -3 Flanges
Flanges for water line shall conform to AWWA C -207 Class D. All
flanges shall be furnished with flat faces. The flanges shall be attached with
the bolt holes straddling the vertical axis of the pipe unless otherwise shown
on the plans. The flanges shall be attached to the pipe in conformance with the
applicable provisions of AWWA C -207.
2 -4 Gaskets
Gaskets for flanged joints shall be full face 1/16 -inch thick
cloth - inserted rubber gaskets extending from the inside edge of the flange
beyond the bolt circle.
2 -5 Bolts and Nuts
All bolts and nuts for buried service shall be Type 416 stainless
steel. They shall be thoroughly cleaned after installation and coated with
EC -244 mastic as manufactured by and in accordance with the recommendations of
Minnesota Mining and Manufacturing Company.
2 -1
I
,
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UPPER NEWPORT BAY
WATER TRANSMISSION MAIN
CROSSING REPAIR
CONTRACT NO. 2443
PROPOSAI
TO THE HONORABLE CITY COUNCIL
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92663 -3884
Gentlemen:
PR 1.1
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 Contract No. 2443 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 Estimated Item Description With Lump Sum Unit Total
No. Otv. & Unit or Unit Price Written in Words Price Price
1
1. LUMP SUM Construct water main repair, complete
in place, including, but not limited
to removals, piping, valves, fittings,
and other appurtenances, exclusive of
Bid Item No. 2, all as shown on the
plans and described in these Special
Provisions.
Lv
MPW
475
2. CUBIT Furnish and place 1 -1/2" crushed
aggregate, complete in place.
@ 'r�I �-�� Dollars
and
Cents
PER CUBIC YARD
$ z oaa•$ lyz�c�,
• • PR 1.2
Item Estimated Item Description With Lump Sum Unit ota
No. Qty. & Unit or Unit Price Written in Words Price Price
1
LUG Guard underground construction.
@ 6Nt Tft,g PA -D Dollars
and
Cents $ $Q�
LUMP SUM
TOTAL BID PRICE WRITTEN IN WORDS
��cJNDR� �iFI y Se11En1 D94*1ws
�cN D'4Ua1 kk11tJI ED fkFtY RS Gress
DATE: dc (- Y, I (, / (f F
X213) 3z.S- 2- `f l 7
Bidders Telephone Number
ts7, zso,o0
C�KG- Cb�KaytcH � �K;, i tj�
i er
uthorized Sighatdre /Title
t(?-Z- CAMtNO bk2 CAMPO
Bidder s Address
RC'Do1Jtb G EAc)g ,(A !102-7
`133 7s A
Contractor's � License No.
�2 Z M(NO b&-L CAP190
Contractor's Address
Rc-j)Gj)N l3 cH, Gfl yo
(2>13)
ont
ractor s Telephone Num er —
•
INSTRUCTIONS TO BIDDERS
• Page 2
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.
/ 9`/,375 A Cam. -blk-0t
Contr's Lic. No. & Classification Bidd r
9 C'
Date Au horized Signa ur Title
• • 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
Q
k na SIT-
2. p�so�t
2. b)60?Qn $phi rA 92663
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Coo_ ZA V 6�4 )K Jai /'vc_
Bid er'
kA thorized Si nature /Title
,
J
0
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, George Dakovich & Son, Inc.
Premium included in BBSU
Page 4
YS855 -3617
as bidder,
and Industrial Indemnity Company , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Percent of the Total Amount Bid in ------- - - - - -- Dollars ($ - -- 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
Upper Newport Bay Water Main Crossing Repair. 2443
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.
of
IN WITNESS WHEREOF, we hereunto set our hands and seals this 9th
July 19 8,4
GEORGE DAKOVICH & SON, INC.
day
(Attach acknowledgement of
torney -in -Fact 0 ��1U�Mcc
7P fJU'� v
uthorized Sign tur /Title
Notary Public
Commission expires :3—/-0 a
z
Title
INDUSTRIAL INDEMNITY COMPANY
Surety
is ae R. Langan
Attorngy -in -Fact
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�Knofn all men bg these presents:
GIndustrial Indemnity
, Crum,M fww wgwnr,tbn
IfO81E OFME: SAM Feww SCD
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
------------- -- ------------ ---- --- - -- MICHAEL R. LANGAN -----------------------------------
its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the resolution adopted by unanimous consent of the Executive
Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 3, 1983, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vitt President or Vice President
of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, or the Secretary's designee, be, and he
hereby is, authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such
Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertaking, stipulations, consents and all contracts
of suretyship, and to attach the corporate seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise reproduced, and that the facsimile signature of any person who shall have been such officer of this Company at
the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 30th day of September , 19 83 .
sue.` °off Attest:
c YGti9>BPAttD ;
c
ry u ier, fe`sagnateed Secretary
State of California On
INDUSTRIAL I ' EMNITY COMPANY
By
e y >
30, 1983
before me,
SS. C. H. Brown
San Francisco
County of the undersigned Notary Public, personally aBpeared
■nmm�mml.nnmm�nn11nn1nnnunnnl „� KS5enneth N. Ryan and Mary Mueller
C. N. BROWN 1. personally known to me
ti NOTARY PUBLIC - CALIFORNIA ❑ proved to me on the basis of satisfactory evidence
CITY 8 COUNTY OF SAN FRA,IU5C0 C to be the erson((s) who executed the within instrument as
hh Cvmm,sim EzOrn July 7, 1997 Vice Aresident and Designated Secretary
■ 11111111> II /1,11, 1111111111111111111111411W111 /11/11>�
or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution adopted by unanimous consent of the Executive
Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 3, 1983 and that the same is in full force
and effect. �7
Witness my hand and official seal.
Notary's Signature `^ _
1, Mary Mueller, Designated Secretary of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 9th day of July , 19 84 .
SEAL
1VO41 RBA 18/83)
Mary elfe _ET - _ - >- i
. 0 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.
Subscribed and sworn to before me
this day of
19
My commission expires:
("Z--m C:c" L�AKuV(c( -f 4CJA) �iV .
Bidder
Authorized Sig ature /Title
Notary Public
AI
! / § §}§
■
■■
W.
E
• 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.
Bidder
Authorized ign ture /Title
• 0 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.
�} UA4::a 1" (CH
Bidder
Authorized Si nat e /Title
0
TO: CITY COUNCIL
(� - �) �4N3
July 23, 1984
CITY COUNCIL AGENDA
ITEM NO.,
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
FROM:
Public
Works
Department
JUL 231984
SUBJECT:
UPPER
NEWPORT
BAY WATER MAIN CROSSING REPAIR (C -2443)
APPROVED
RECOMMENDATIONS:
Award Contract No. 2443 to George Dakovich & Son, Inc., of
Redondo Beach, for a total price bid of $157,250, and authorize
the Mayor and the City Clerk to execute the contract.
DISCUSSION:
At 10:00 a.m. on July 11, 1984, the City Clerk opened and
read the following bids for this project:
Bidder
Amount
1.. George Dakovich & Son, Inc. $157,250
2. G. R. McKervey, Inc. $195,250
The low bid is 142% above the Engineer's estimate of $65,000.
The large disparity between the Engineer's estimate and the low bid is
due to a significant under - estimate of the cost of both labor and materials
necessary to perform the work. In discussion with the Engineer, Contractors
and pipe manufacturers, it was determined that actual cost of the pipe per
linear foot exceeded the Engineer's estimate by 164 %. The actual cost of
the materials to construct this project is $75,000.
This project provides for the reconstruction of the underwater
24 -inch water main crossing northerly of the Upper Bay Bridge which was
severed during the heavy rainstorms in March 1983. The project provides
for the most practical and economical repair of the water transmission main
line, and staff recommends award of this contract.
George Dakovich & Son, Inc., the low bidder, is a well - qualified
contractor who has successfully completed previous work for the City.
Submarine Engineering Associates is the Diving Subcontractor and has also
successfully completed work for the City.
July 23, 1984
Upper Newport Bay Water Main Crossing Repair (C -2443)
Page 2
Funds in the amount of $200,000 have been provided in the
1984/85 budget to repair the Upper Bay water main crossing and the
12 -inch zone III crossing in Buck Gulley. When plans and cost estimates
are prepared for the Buck Gulley crossing, a budget amendment may be
required.
The plans and specifications were prepared by the civil engi-
neering firm of Robert Bein, William Frost & Associates in Newport
Beach. The estimated date of completion is January 1, 1985.
aft14 or�/ 2 11�4
Benjamin B. Nolan
Public Works Director
HH:kf
0
Authorized to Publish Advertisements olfts including public I
notices by Decree of the Superior Court of Orange County,
California. Number A -6214, dated 29 September. 1961, and
A- 24831, dated 11 June, 1963.
STATE OF CALIFORNIA
County of Orange v puc eouw Adva I.r p cove ad
r, IMa /rlldwn q Mt in 7 pan,
.dn 10 pica column .lam
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 below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS - PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of inviting bi da
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley,
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for
consecutive weeks to wit the issue(s) of
June 27
198 4
198
198_
198
198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on June 27 198 4
at Costa Mesa, Californ
Signature
PUBLIC NOTICE
NOTICE BIVITINO BIDS ...I
the Office e Of the Citya Clark 3300
Newport Boulevard, Newport
Beach, rc,A 2663ou tit 101984, at
which time Such bids shall be oo _
CITY OF NEWPORT BEACH,
CALIFORNIA
Approved by the City Council this
25th day of June, 1984. .
Wanda E. Andersen
Pros City Clerk
one set blid documents at obtain
at the office of the Public Work,
Department,. 3300 Newport
Boulevard, Newport Beach, CA
82663.
For further information, call John
Wolter, Protect Engineer, at
640 -2281.
Published Orange Coast Deily Pilot
June 27, 1884
__� WW86
PROOF OF PUBLICATION
• C- - a4��
June 25, 1984 C���
BY THE CITY COUNCIL CITY COUNCIL AGENDA
CITY OF NEWPORT BEACH ITEM NO.
JUN 2 51984
APPROVED
TO: CITY COUNCIL
FROM:
Public
Works
Department
SUBJECT:
UPPER
NEWPORT
BAY WATER MAIN CROSSING REPAIR (C -2443)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids for Contract
No. 2443 to be opened at 10:00 A.M. on Wednesday, July 11, 1984.
DISCUSSION:
The proposed project will provide for repair of the 24 -inch Upper
Newport Bay water main crossing which was damaged during the heavy rain
storms in March 1983. The work involves removal of the existing damaged
pipe, installation of 140 feet of new ductile iron pipe and installation
of a new 20 -inch butterfly valve. Completion of the repair work will
allow the 24 -inch upper Newport Bay water main crossing to be placed back
in service.
The engineer's estimate for construction of the repair is $65,000.
Funds for the work are available in the 1984 -85 budget.
The plans and specifications were prepared by the Civil Engineering
firm of Robert Bein, William Frost and Associates of Newport Beach. The
estimated date of completion is September 14, 1984.
Benjamin B. Nolan
Public Works Director
JW:lw