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HomeMy WebLinkAboutC-2532 - Phase I Ocean Front Sidewalk RepairCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 26, 1988 (714) 644 -3005 George Dakovich & Son, Inc. 422 Camino Del Campo Redondo Beach, CA 90277 Subject: Surety: The Ohio Casualty Insurance Company Bonds No.: 2- 679 -595 Contract No.: C -2532 Project: Phase 1, Ocean Front Sidewalk Repair The City Council of Newport Beach on July 25, 1988 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 in accordance with applicable sections of the Civil Code. The Notice was recorded by the Orange County Recorder on August 3, 1988, Reference No. 88- 378662. Sincerely, o� anda Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach PLEASE "RETU N TO City Clerk� -�&' City of Newp rt B ach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 ..1 y•, :� r1 / it NOTICE. OF COMPLETION RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -115 PM Ali 3'88 COUNTY - /'j'�' RECORDER NO CONSWERAM PUBLIC WORKS EXEMPT 1 o All Laborers and- Mate rial -Mon -- and -ta Eugr" n� * �- Person- I =, « -.. st-ed- - - YOU WILL PLEASE TAKE NOTICE that on July 25, 1988 the Public Works project consisting of Phase 1 Ocean Front Sidewalk Repair (C -2532) _ on which George Dakovich & Son, Inc., 422 Camino Del Campo, Redondo Beach, CA 90277 was the contractor, and The Ohio Casualty Insurance, P.O. Box 5253, Fresno, CA 93755 was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH ublic Works Director I am the Public Works Director of the City of Newport Be Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and c 4 RECEIVED AUs 2518 foo ng REw W WA Executed on August 1, 1488 at Newport Beach, California. �� as Public orks 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 July 25, 1988 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 1, 1988 at Newport Beach, California. City Clerk a 9 ..; � }� t J': :L -. j { � �. f� . • is TO: CITY COUNCIL FROM: Public Works Department 0 July 25, 1988 CITY COUNCIL AGENDA BY THE CITY COUNCIETEM NO. F -20 CITY OF NEWPORT BEAD JUL 2 5 1988 APPROVED _ SUBJECT: ACCEPTANCE OF PHASE I, OCEAN FRONT SIDEWALK REPAIR, 1987 -88 CONTRACT NO. 2532 RECOMMENDATION: 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 the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $133,342.65 Amount of unit price items constructed 181,007.28 Amount of change orders See below Total Contract cost $181,007.28 This project is the first of a proposed three -phase repair of the Ocean Front Sidewalk from 36th Street to "E" Street. Funding in the amount of $182,350.00 was available in the current Capital Projects Budget, Account No. 02- 3397 -360. Funding for the remaining phases will be considered in future budgets. As discussed with the Council at the time of award, in order to utilize the available funding for this project, a change order was issued increasing the amount of sidewalk to be replaced. The Contractor is George Dakovich & Sons of Redondo Beach. • The contract date of completion was June 11, 1988. The work, although increased by nearly 40% was completed by June 30, 1988. Z Benjamin B. Nolan Public Works Director PD:so CITY(bOF NEWPORT BIACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK (714) 644 -3005 DATE: May 5, 1988 SUBJECT: Contract No. C -2532 Description of Contract 1987/1988 �1/ If- Phase I Ocean Front Sidewalk Repair Effective date of Contract May 5, 1988 Authorized by Minute Action, approved on April 25, 1988 Contract with George Dakovich & Son, Inc. Address 422 Camino Del Campo Redondo Beach, CA 90277 Amount of Contract $133,342.65 " �q 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:oo AN on the 14th day of April , 1988, at whi time such bids saTT be opened —and read for PHASE 1 OCEAN FRONT SIDEWALK REPAIR Title of Project U 2532 Contract No. $170,000 Engineer's stimate 644 O • m� Approved by the City Council this 28 day of March , 1988. Wanda E. RagglO 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, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Steve saaum at 644 -3311. Project Manager "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accor- dance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." i Date'r' Signature c�O�ir�(�i /ice Contractor NOTICE THE ENCLOSED CONTRACT CONTAINS CERTAIN INSURANCE REQUIREMENTS WHICH MUST BE STRICTLY FOLLOWED. PLEASE READ THESE REQUIREMENTS CAREFULLY AND DISCUSS THEM WITH YOUR INSURANCE AGENT. YOUR COOPERATION WILL ELIMINATE DELAYS IN THE PROCESSING OF THIS CONTRACT. TITLE V OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE REQUIRES THAT ALL CONTRACTORS, SUB - CONTRACTORS, SERVICES, OR INDIVIDUALS WORKING OR PERFORMING A SERVICE IN THE CITY OF NEWPORT BEACH HAVE A CITY OF NEWPORT BEACH BUSINESS LICENSE. ALL PRIME CONTRACTORS SHALL FURNISH A COMPLETE LIST OF THE NAMES AND COMPLETE ADDRESS OF SUB - CONTRACTORS, SERVICES, OR INDIVIDUALS PERFORMING A SERVICE AT THEIR JOB SITE. IT IS REQUESTED THAT YOU SUBMIT THIS LIST WITH YOUR EXECUTED CONTRACT DOCUMENTS. PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PHASE 1 OCEAN FRONT SIDEWALK REPAIR 1987/88 CONTRACT NO, 2532 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 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 No. 2532 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. 26,061 Replace P.C.C. Sidewalk Sq. Ft. (retain existing curb) 2. 3. 4. Three @ Dollars and Sixty -Five Cents $3.65 $95,122.65 7,460 Replace P.C.C. Sidewalk and Sq.Ft. Integral curb @ Four Dollars Fifty and tg X4.50 33,570.00 270 Replace P.C.C. Type "B14" Curb Lin. Ft. @ Fifteen Dollars and Cents $15.00$ 4,050.00 Per Each 30 Replace P.C.C. Type "A" Curb and Gutter Lin. Ft. @ Twenty Dollars and Cents $_2o .00$ 600.00 Per Lineal Foot • • PR 1.2 TOTAL PRICE IN WORDS One Hundred Thirty -Three Thousand Dollars and Three Hundred Forty -Two and 65 /100 - -- -Cents $133,342.65 April 14, 1988 V GEORGE DAKOVICH & SON. INC. Date Bidder/ (213)325 -2417 Bidder's Telephone Number 194375A Contractor's License No. & Classification Quantities may be reduced such that Total Price does not exceed $170,000 X O X. u hhon @d $ign ture /T le la�imir opovich, Vice Pres. 22 Camino DDel Campo Redondo Beach., CA 90277 Bidder's Address • 0 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. 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. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of 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. 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 discrepancy 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 respon- sible for bidder errors and 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 a corporate officer or an individual authorized by the corporation. For part- nerships, 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 contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 194375A Contr's Lic. No. & Classification April 14, 1988 Date Page 2 GEO GE DAKOVICH & SON, INC. Bi X P ut orized Sig to a /Title Vladimir Popovich, Vice President • • 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. Subcontract Work Subcontractor Address 1 NONE 2. 3. 4. 5. 6. 7. 8. 9, 10. 11. 12. GEORGE DAKOVICH & SON, INC. Bijdddeer X ��1 D7, Authorized 5igM ture /Title Vladimir Popovich, Vice President A The Ohio lasualty Insurance ompany HAMILTON. OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, GEORGE DAKOVICH & SON, INC. (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated APRIL 14 1988 , for PHASE I OCEAN FRONT SIDEWALK REPAIR CONTRACT NO. 2532 NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. Signed, Sealed and Dated this.l.4TH_ .......... day of .....APRIL 88 ..G.EORGE DAKOVICH & SON, INC. _ By %.. jaf.GC Psl &Woxv, THE OHIO CASUALTY INSURANCE COMPANY � / yy By ...... .:...`.. ..'`...1. /........... . .............:` ........... Attorney- In -Fsl STEVEN P. EDWARDS Q � •fa °fw r z i I� i r Z Q � N V a E m `o m a N O a a 3 A W c co a rn Z W m W � E t N C a H R' a a c a S L_ G e W 6 n A Z i d a a E ,� A � d d c $ i v o 0 �aE"' m U o� Aek. $ p1 dz ° �a O W L m Z = Ld a d O L ° E m E L a a � a A d v O U •x ddw « G N e o A N S c« a n - `- �L a u m C mL. _ x m N Y ;a a m `o E n m v y a L « a o m r Y m r « d m c c E a a a e > E W d 6 O C L u m r a d L d q O C H O ` � m N m � _ 0 6 umi m L L d C 0. L «m O m « � O A •' ° C C i L 1p q O ¢ a 6 6 C O O O V V • _ 1N3W39031MONNOV 31VUOdtf00 A c v u_ a 6 > N 0 a d 6 x x E E ` CE AL COPY OF POWER OF A'TT(JEY TIM OWO CASUALTY INSURANCE COMPANY - ♦ HOUZ OMCF. HAAMTOK OHIO Imat Ail Men bg t 0or Vrrl ride That THE OHIO CASUALTY INSURANCE COMPANY, in parouaau of authority granted by Article VL Section 7 of the By -Laws of rid Company, doe. hereby nominate. ....that, and appoint[ Stevan Fe Edwards - - - - - - - - - - . . - . ofpreenog California - - . - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and dead any and all BONDS. UNDERTAKINGS, and RECOGNI2AANCES, not =evading in any single instance r Ilf �lIL1hION - - .- - r r - - w 'e - - - `y:r o of sae `add f�ie�:[tiit'reon -) Dollars, e:cu rag, owevere any boatl (sJ or vadartakiag(sj guaraaaeiog t a And the execution of such bonds or undertakings in pursuance of these presents. shell be am binding upon "I'd Company, as fully and amply to all intents and purposes, as if they bad been duly executed and acknowledged by the regularly elected offrcere of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(.) -ins -fact in In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty JUI- ._1el• W, '•Qc lavuranee Company has hereunto subscribed his name and afixed the Corporate Seal of the .40 le� said The Ohio Casualty Insurance Company this Z4 ut day of 195Se SEAL i •`.; f (Signed) ♦'n^av i✓ .........................Za a°. as.. Si..... 1.. lrirabrl7xtA ....................... STATE OF OHIO, l 35 Atttte Secretary COUNTY OF BUTLER On this Atb day of May A. D. 19 ji5 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Th flildQbz d S p r of THE OHIO CASUALTY INSURANCE COMPANY, to we enonally known to 6e the trTllivs�uarittd ogy tfAyri�edia. and who executed the preceding instrument. and he acknow- P.dged the execution of the same, and being by me duly sworn depaaeth and with. that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of sold Company, and the mid Corporate Seal and his signature as officer were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporation. epuvumoe IN TESTIMONY WHEREOF, l have hereunto act my hand and affixed my Official JJVSSyuI ttrr Seal at the City of Hamilton. State of Ohio, the day and year first shove written. \ \g/ 3 •i �s (Signed) o ....................ai'JfALiI .." �. lI1QR<............ ............................... e + Notary Public in and for County of Butler. State of Ohio , "'o a egt�� My Commission expires •••..••� Ol:fi+SO 6T ..Z�.� ••.I9.�s This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2. 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Fact, etc. The eh.irman of the board, the president. any vice - president, the secretary or any assistant oecretaiy shell be and is hereby vested with full power and authority to appoint attorneys -in -fuel for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate Seel, acknowledge and deliver any and all bonds, reeogniranees. stipulation., undertakings or other instrument. of suretyship and policies of insurance to be given in favor of any individual, firm. corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division. This instrument is signed and tooled by facsimile a authorized by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by -Iowa to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signature@ and seal are hereby adopted by the Company as original signature* and teal. to be valid and binding upon the Company with the game force and effect as though manually affixed." CERTIFICATE 1. the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by -lowe of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on Ibis date. IN WLTNFS5 WHEREOF, I have hereunto set my hand and the seal of the Company this 14TH day of APRIILD., 19 68 (_EAL 11S Assistont SeC etery 1 FOR ORIG OL SEE CITY CLERK'S FILE Co . KNOW ALL MEN BY THESE PRESENTS, That we, and BIDDER'S BOND Page 4 , as bidder, , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), 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 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 to said City 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 contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 , 19 (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission EXPires: X Title Authorized Signature /Title day ! • 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 , 1g My commission expires: GEORGE DAKOVICH & SON, INC. Bidder Page 5 Authorized i ture /Title Vladimir Popovich, Vice President Notary Public 0 & Page 6 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_. PREVIOUS CITY OF NEWPORT BEACH CONTRACTS GEORGE DAKOVICH & SON, INC. Bidder X Authorize i a re itle Vladimir Popovich, Vice President 0 0 NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) 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 submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Ratin Guide: Pro ert - Casualty. Coverages shall be provided or a 1 YP 0 IN UR NCE 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 edition adopted or use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. Page 7 0 Page 8 PAYMENT BOND BOND NO. 2- 679 -595 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 25. 1988 has awarded to GEORGE DAKOVICH & SON INC hereinafter designated as the "Principal ", a contract for Phase 1 Ocean Front Sidewalk Repair. Contract No. 2532 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, or other supplies used in, upon, for, or about the performance 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 DAKOVICH & SON. INC. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED THIRTY THREE THOUSAND THREE HUNDRED FORTY TWO Dollars ($133,342.65 ), AND65/ 100---------------------------------------- - - - - -- 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, or other supplies, 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 Unemploy- ment 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. The 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 t • • Page 9 Payment Bond (Continued) 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 25TH day of APRIL , 19 88 GEORGE DAKOVICH& SON, INC. (Seal) Name of Contractor (Principal)_ IILA'fx� uthorized SighatuYe and Title Authorized Signature and Title THE OHIO CASUALTY INSURANCE (Seal) Name of Surety COMPANY P.O. BOX 5253 FRESNO CA 93755 Addre Iss doff Surety i� P. u Signature and Title of uthor— ized Agent STEVEN P. EDWARDS, ATTORNEY -IN -FACT 5260 N. PALM #400. FRESNO. CA 93704 ddress of Agent (209) 449 -1900 Telephone No. of Agent STATE OF CAT.TFORNIA COUNTY OF FRESNO 1) On this 25TH day of APRIL #:!'211�r— 'j"_U01 O;res Jan. 21, 1988 - mac.- -vv- in the year 1988 , before me DONNA M. SMITH , Notary Public, personally appeared STEVEN P. EDWARDS �ppersonallYknown to me for proved to me on the basis of satisfactory evidence) to be the person (s) who executed this instrument as ATTORNEY —IN— FACT on behalf of the corporation herein named and acknowledged to me that the corporation executed it; that he (she) knows the seal of the said iorporation; that the seal affixed to the said instrument is such corporate seal; that it was so aff ixed by order of the Board of Dirac s of the said corporation, and that he (she) signed his (her) name to the mid instrument by like order. Notary Public, residing at FRESNO (Commission expires . CERTM*D COPY OF POWER OF ATTVPMY THE OHAO CASUALTY INSURANCE COMPANY ftosiz t>MQ H"MTatt. ttttta 190. 2I -531 3CIww AU AUn yy X4rAr Irrrorutw That THE OHIO CASUALTY INSURANCE COMPANY, in parses," of authority gnatd by Article Vjh..9.etfee 7 of the By -I&ws of said Company. doom horoby nominate, constitute and appoints Stat•sn ?e Edwards - - - - - - - - - e - - - - - . - - of Fresno, Californla - - e - - its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its hakelf a surety. and as its act and dead any and all BONDS. UNDERTAKINGS, and RECOCNIZANCES. not exceeding in any single instance SIxx �({'1��Lj ICN - -any- r - - _ _ (� s78 0'd(1 ')0 - _ ) D-11-Ts. axduNng 3awarror. any benX(. or vadartaki�(a) guanateeinQ the payment of notes aAt art these, And the execution of much bends or undertakings in pursuance of theca presents, shall be as binding upon amid Compaoy, as fully and amply, to all intents and purposes, a if they bad been duly executed and acknowledged by the regularly elected eScarm of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(,) -in -fad. lass In WITNESS WHEREOF, the undersigned, officer of the rid The Ohio Casualty tylL....fi�i Insurance Company has hereunto wbsezibad his name and affixed the Corporate Sod of the SEAL il- said The Ohio Casualty Insurance Company this 24 Lb day of May 19$5. ................... jUlAsbximil ............ ..._.... STATE OF OHIO. ( SS Asst! Secrstatry COUNTY OF BUTLER f On this 24th day of May A. D. 1935 before the subscribar. a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified. "me T6t>� k Hilde�bz�tlld d�af.etlfr�t�r� of THE OHIO CASUALTY INSURANCE COMPANY, to we persona ly now, to t e ta'din us a of e r es ride fa. and who executed the preceding instrument. and he acknow. ledged the execution of the same, and being by me duly sworn depozeth and saith. that he is the officer of the company afareaaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate S"1 and his signature a officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. yommrm IN TESTIMONY WHEREOF I have hereunto act my hand and affixed my OScid v.3�ttyu sap Seal at the City of Hamilton. State of Ohio. the day and year first above written, : s (Signed) . 3 ` .................+LztAIh .. 3i�taa .... ......... ............................... 3 r ,� x Notary Public in and for County of Butler. State of Ohio '�entmtt►r� My commission expires ....... ....'Iioc............... atwar 2'S;.. -T938: This power of stterney is granted under and by authority of Article VI. Section 7 of the By -Laws of the Company. adopted by its directors on April 2. 1954, extracts from which read: "ARTICLE Vt" "Section 7. Appointment of Atterney -in -Fact, eta. The chairman of the board. the president. any vice - president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute. attach the corporate seal. acknowledge and deliver any and alt bonds, recegnizances, stipulations. undertakings or ether instruments of suretyship and policies of insurance to be given in favor of any individual, firm. corporation, or the official representative thereof, or to any county or state, or any official beard or boards of county or state, or the United States of America, or to any other political sub- division.- This instrument is signed and sealed by facsimile as authorized by the following Revolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by -laws to appoint attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a Power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the tame force and effect a though manually affixed." CERTIFICATE L the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by -laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full forte and effect on this date. IN WITNESS WHEREOF. I have hereunto at my head and the $aaf of the Company this 25TH day of APR AD- 19 g$ (Irs, tll_'s LEAL Assistant Secretory g.azoo.e sz -scoot CEATIF1W COPY OF POWER OF ATT'CIEY THE OMO CASUALTY INSURANCE COMPANY HOME OMC=. NAMILTOM OHIO No. 21 -537 3rawm :U1 Mtn hg X4ritr gritan a That THE OHIO CASUALTY INSURANCE COMPANY. in pursues" of authority greatest by Article VL Section 7 of the By -Laws of said Company, does hereby nominate. constitute and appoint: Stavan Bs Edwards - - - - - as - - - - - - - - - - - - of Preanoa California - - - - - its true and lawful agent and attorney -in -fact, to make. •:.cute, seal and deliver for and an its beh.if as surety. and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOONIZANCES, not exceeding in any single instance 8If u e* (ar o- - w - - Dollsra, daki- (�ng owever, our rt ) guaranteeing the payment o aotea �d �taeat ti°reen And the execution of such bonds or undertakings in pursuance of these Presents, shall he as binding upon said Company, n fully and amply, to all intents and purposes, a if they bad been duly executed and aekaowledged by the regularly elected *$cars of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys) -ia -fact. �sr In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty ts4lL, ry, �� Insures" Company has hereunto subscribed his nnmo and affixed the Corporate Sens of the +� said The Ohio Casualty Insurance Company this day of 19 SEAL i- 24th Kay 856 (Signed) ......................... T.. IMAA.M.0 ...U1Al3bX.jW, ....................... STATE OF OHIO, 53 Assts SecretAry COUNTY OF BUTLER On this Nth day of May A. D. 1985 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and Qualified. "me Shtyga� Ire $ild1br�utd d�ttf qO tgLgr� °f THE OHIO CASUALTY INSURANCE COMPANY. to we arsons ly Ksown t* t a :ltdin u. inns o e r <s rib —edia. and who executed the preceding instrument, and he acknow- P.dged the execution of the ame. and being by me duly sworn depoaeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the acid instrument by the authority and direction of the said Corporation. ya:u!mero IN TESTIMONY WHEREOF 1 have hereunto set my hand and affixed my Official va +ty`u`'t'Jtst Seal at the City of Hamilton. State of Ohio, the day and year first above written. 1i! (Signed) 3 .......... ......... AarArit A.1. gasp.. ............................... .. "� Notary Public in and for County of Butler. State of Ohio � "�f�tlmtO� Mr Camm;..iaa expire. ........�Qc'iL7."u 3r'••Z�;••.i93fi This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2. 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact. ate. The chairman of the board. the president, any vice - president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute. attach the corporate seal, acknowledge and deliver any and all bonds, reeognizances, stipulations. undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm. corporation, or the official representative thereof. or to any county or state, or any official board or boards of county or state. or the United States of America, or to any other political sub. diviai°m° This instrument fa signed sad sealed by facsimile an authorized by the following Resolution adopted by the directors of the Company on May 27, 1970s 'RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by -laws to appoint attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued an behalf of the Company. Such signatures and seal are hereby adopted by the Company a original signatures and seal, to be valid and binding upon the Company with the tame force and effect as though manually affixed." CERTIFICATE 1, the undersigned As.istont Secretary of The Oho Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by -laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN W17NESS WHEREOF. I have hereunto rat my hand and the ...1 of the Company this 25TH day of APRIA1D., 19 88 eNl4ld {rye E•�i % �� ^f/ts.� Jot d:' y fixl SEAL )cf \ % + , �errt i 1t�� •, G// Assistant Secretary 3.47W -C 12 -a0.2M • 0 Page 10 FAITHFUL PERFORMANCE BOND BOND NO. 2- 679 -595 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 25, 1988 has awarded to GEORGE DAKOVICH & SON, INC. hereinafter designated as the "Principal ", a contract for Phase 1 Ocean Front Sidewalk Repair, Contract No. 2532 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 THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED THIRTY THREE THOUSAND THREE HUNDRED FORTY Two Dollars ($133,342.65 ), AND65/ 100---------------------- ---------------------- - - - - -- 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 0 Faithful Performance Bond (Continued) 16 Page 11 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 25TH day of APRIL , 19 88 GEORGE DAKOVICH & SON, INC. (Seal) Na %meo Contractor Principal). e Authorized Signature and Title THE OHIO CASUALTY INSURANCE (Seal) Name of Surety COMPANY P.O. BOX 5253. FRESNO. CA 93755 Address of Surety 1 P j� , V Signature and Title of Authorized Agent STEVEN P. EDWARDS, ATTORNEY -IN -FACT 5260 N. PALM #400. FRESNO. CA 93704 Address of Agent (209) 449 -1900 Telephone No. of Agent r a. r n�iN im r - n U z O z w a LL LL � } w F. H z F- C N U m E m 0 `m a U) A 3 wl OD OD rn a m � c a H Q. ° a L O A 0 d V A z H E m � v E � � 0 m m c « c Y N 'AU s oW p p w I OC c °.z °c a �\ m 0p J] « J A m y Y U a� E � x d E x A � m c 0 C q m L c SN d ' x ° q C L m T E n w 6 m V « y 9 m ; w a ° m E ° m m _ T E W o A m c V M o � m n iL � C V C A o m « C C 6 6 O z a c E u_ a T i^ Z a m 0 E E V City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED George Dakovich & Son, Inc. CERTIFICATE OF INSURANCE 0 Page 12 INSURANCE COMPANIES AFFORDIN( Company A FIREMAN'S FUND INS. CO. Letter company B Letter pany C ter company D 422 Camino Del Campo Letter Redondo Beach, CA 90277 Company E 11-etter 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 he expiration date thereof, the-Insurance Company affording coverage shall p o ide 30 days' advance notice to the City of Newport Beach by registe d mail, tt tion: Public Works Department. By: Agency: FRANK s T.T. A& CO OF CALIFORNIA Authorized Representative Date: 4/25/88 Telephone: (209) 449 -1900 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: Phase I Ocean Front Sidewalk Reaair (C -2532) Project Title and Contract Number 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. Policy LIMITS OF LI BILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. lAg.Product LETTER COVERAGE REQUIRED No. Date Each lCompleted. Occurrence Operations GENERAL LIABILITY GENERAL AGGREGATE $3,000, A x Comprehensive Form MXX 0213487 6/1/88 PRODUCTS /COMP OPS x Premises- Operations AGGREGATE $3,000, X Explosion &Collapse Hazard PERSONAL /ADVERTISING x Underground Hazard INJURY $2,000, x Products /Completed Operations EACH OCCURRENCE $2,000, Hazard FIRE DAMAGE $ 50, x Contractual Insurance MEDICAL EXPENSE $ 5, x Broad Form Property Damage x Independent Contractors X Personal Injury Marine Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form Bodily Injury $ (Each Person A ❑x Owned NDO{ 0213487 6/1/88 $ Bodily Injury (Each Occurrence ❑x Hired Pro ert ama e Bodily injury and ❑x Non -owned Property Damage Combined $ 2,000, EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statuto and ac 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 he expiration date thereof, the-Insurance Company affording coverage shall p o ide 30 days' advance notice to the City of Newport Beach by registe d mail, tt tion: Public Works Department. By: Agency: FRANK s T.T. A& CO OF CALIFORNIA Authorized Representative Date: 4/25/88 Telephone: (209) 449 -1900 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: Phase I Ocean Front Sidewalk Reaair (C -2532) Project Title and Contract Number 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. CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 13 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 (XX) Single Limit Bodily Injury Liability $_ 2,000,000 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: Phase o d Project Title and Con ract No.). This endorsement is effective 4/25/88 at 12:01 A.M. and forms a part of Policy No. N{X80213487_ . Named Insured GEORGE DAKOVICH & SON, INC. Endor a ent No. MA Name of Insurance Company FIRENIS FUND INS. Co. By (L/ /1L Authorized Representa FRANK B. HALL & CO. ( • • Page 14, CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 of 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 $ 2,000,000 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: Phase I e This endorsement is effective 4 -25 -88 at 12:01 A.M. and forms a part of Policy No. MXX80213487 Named Insured Name of Insurance Company FIREMAN'S FUND INS. CO. By rsement No. 6/ A, FRANK B. HALL & CO. OF • Page 15 CONTRACT THIS AGREEMENT, entered inhis day of -�, 19> by and between the CITY OF NEWPORT B hereinafter "City,' a GEORGE DAKOVI hereinafter "Contractor, "is made with reference to the fol owing facts: (a) City has heretofore advertised for bids for the following described public work: Phase 1 Ocean Front Sidewalk Repair 2532 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: Phase 1 Ocean Front Sidewalk Repair 2532 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 hirt -Three Thousand Three Hundred Forty -Two & 65/100 ($133,342.65 ). 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 16 (f) Plans and Special Provisions for Phase 1 Ocean Front Sidewalk Repair 9539 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 proximately 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. Q ATTEST: APPROVED AS TO FORM: Qt�6--� tlTy Attorney ( G4&r CITY GEORGE DAKOVICH & SON, INC. Na Contractor (P in ipal) X Authorized Signafure n Title Vladimir Popovich, Vice President Authorized Signature and Title L I • SP 1 of 6 CITY OF NEWPORT BEACH SPECIAL PROVISIONS FOR CONTRACT NO. 2532 PHASE I OCEAN FRONT SIDEWALK REPAIR SECTION I. CONTROL OF WORK A. SPECIFICATIONS The work to be done under this contract includes the construction /reconstruction of P.C.C. sidewalk, curb and performing other incidental items of work as necessary to complete the work in place. Construction of this contract shall be done in accordance with: (1) these special provisions; (2) the plans (Drawing No. M- 5274 -5 Sheets I through 10); (3) the City's Standard Soecial Provisions and Standard Drawings for Public Works Construction (1985 edition); and (4) the provisions of the 1985 edition of the AGC /APWA Standard Specifications for Public Works Construction hereinafter referred to as the "Standard Specifications." B. TIME FOR COMPLETION The Contractor shall complete all work under the contract within forty -five (45) consecutive calendar days from the date the City Council awards the contract. C. CONSTRUCTION SCHEDULE The Contractor's construction schedule submittal shall detail and satisfy the following requirements: 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 at additional locations 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 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 shall schedule his work so that each portion of sidewalk will be removed and reconstructed during a period not to exceed 72 hours, excluding weekends. • • SP 2 of 6 D. WORK HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 AM to 6:30 PM and Saturday from 8:00 AM to 6:00 PM. Violators are subject to citation and fine. There shall be no work performed on Memorial Day, May 30, 1988. E. 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 (e.g., excavation, removal, sawcutting, patchback, protecting property corners, root pruning, utility adjustments, expansion joints, joint sealant, etc.) shall be included in the unit prices bid for other items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402 -5. The Contractor is to be aware that limited funding exists for this project. If the total price exceeds the available funding the City reserves the right to reduce the unit priced based quantities accordingly to balance available funding. The maximum funding available is $170,000. The City will be the sole determinant of those specific locations to be deleted from the scope of work if such is required. F. UTILITY SERVICE The Contractor shall provide all water and electricity required for construction. Construction water may be obtained from certain nearby City fire hydrants by making arrangements with the City Utilities Department, (714) 644 -3011. If the Contractor elects to use the City's water, a $500 meter deposit will be required. Upon return of the meter in good condition to the City, the deposit will be returned to the Contractor less a quantity charge for water usage. . • SP 3 of 6 G. CONSTRUCTION SURVEYS AND STAKING Field staking for control of construction shall be provided by the Contractor. Limits of removal shall be field - identified by orange paint marks by City. Existing property corners and survey ties adjacent to removals shall be replaced by Contractor. In situations where property corners or survey ties interfere with the work, the Contractor shall survey and reset property corners and survey ties. SECTION II. CONTRACTOR'S RESPONSIBILITIES A. INSURANCE 1. Liability Insurance The word "agency" in Subsection 7 -3 of the General Provisions of the Standard Specifications shall mean "the City of Newport Beach." a. Special Endorsement A standard "Special Endorsement of Insurance for Contract Work for City" form has been adopted by the City. The 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 the Contract. b. Limits The liability insurance coverage in Section 7 -3 of the General Provisions of the Standard Specifications is hereby amended to provide the following minimum limits: Bodily Injury $500,000 each person $1,000,000 each occurrence $1,000,000 aggregate products and completed operations Property Damage $500,000 each occurrence $1,000,000 aggregate • SP 4 of 6 Combined A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. 2. Workers' Compensation Insurance In addition to the requirement specified in Subsection 7 -4 "Workers' Compensation Insurance," of the standard Specifications, the Contractor shall provide an endorsement to the certificate of insurance on the forms provided waiving any right of subrogation it may acquire against the City of Newport Beach Agency, its officers and employees by reason of any payment on account of injury including death resulting therefrom sustained by any employee of the insured. SECTION III. CONSTRUCTION DETAILS A. REMOVALS Existing portland cement concrete or asphalt concrete improvements to be removed shall be sawcut a minimum of two (2) inches deep along join lines. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. It is emphasized that edges created by other means will not be acceptable. If a removal area limit falls within three (3) feet of a weakened plan joint then the removal area shall be extended to that joint. Material shall be removed from the site at the end of each working day. Debris shall not be stockpiled on the beach. The Contractor shall exercise care in removing only those materials which are unsuitable for use as fill materials. The beach shall be kept clean of all removed materials, as well as any trash or debris as a result of the Contractor's operations. The Contractor may dispose of clean sand on the beach. The sand must be free of all debris and concrete chips. B. PORTLAND CEMENT CONCRETE 1. General a. Concrete shall conform to Class 560 -C -3250 with a maximum slump of four (4) inches at time of placement. Contractor shall submit mix designs and material certifications to SP 5 of 6 Engineer for approval prior to beginning concrete work. Contractor shall utilize a minimum seven bag mix, if placement of concrete is by pumping. b. Contractor shall protect the finished surface of the concrete from traffic (pedestrian bicycles, etc.) until sufficient set has taken place to support such traffic without damage. 2. P.C.C. Sidewalk and Curb Construction Sidewalk and curb construction shall conform in grade, color, and finish to adjoining P.C.C. improvements. Payment for sidewalk construction shall be the contract unit prices per square foot and shall include full compensation for all labor, materials, tools, equipment, incidentals and all work involved in removal of existing improvements and construction of sidewalk. Payment for curb construction shall be the contract unit prices per lineal foot and shall include full compensation for all labor, materials, tools, equipment, incidentals and all work involved in removal of existing improvements and construction of Type "A" and Type "B" curbs. C. MISCELLANEOUS TRAFFIC DEVICES AND SIGNS 1. General Signs used for handling traffic during construction shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc. and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above. A copy of said publication is on file with the Public Works Department. 2. Closing Sidewalk Contractor shall furnish and install signs and barricades which close the segment of sidewalk under construction to pedestrian and bicycle traffic during the time of actual construction (removal, replacement and concrete curing). i! SP 6 of 6 3. Posting "No Parking" Signs The Contractor may post signs at the end of various public streets near the Ocean Front Sidewalk for temporary prohibition of parking during construction. The Contractor shall furnish, install, and maintain in place "NO PARKING, TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. 4. Notification to Residents Between 48 and 55 hours before starting work on any section of sidewalk or restricting parking on any street ends, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when street ends and sidewalk will be reopened. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times at the time he distributes the notices. 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. Payment for miscellaneous traffic devices and signs shall be considered as included in the contract price paid for the various items of work of which such work is a part of, and no additional compensation will be allowed therefore. 0 6 April 29, 1988 TO: (1) CITY ATTORNEY (2) MAYOR (3) CITY CLERK FROM: Public Works Department SUBJECT: PHASE I OCEAN FRONT SIDEWALK REPAIR C -2532 1. 4 Copies of the Contract Action requested: 1. City Attorney to.focm- b copies to Mayor. 2. mayor a. Signature ste... b— .For- - k. 3. City Clerk a. Sign b. Return to the Public Works Department. Steve Badum Project Engineer Public Works Department J • • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: Phase I Ocean Front Sidewalk Repair, 1987/88 Contract No. 2532 RECOMMENDATION: • April 25, 1988 CITY COUNCIL AGENDA ITEM NO. F -3(a) BY THE CITY COUNCIL CITY OF NEWPORT BEACH RIM 11 Id WHIINTIM 1. Award Contract No. 2532 to George Dakovich and Sons, Inc. for $133,342.65, and authorize the Mayor and the City Clerk to execute the Contract. 2. Authorize staff to negotiate a contract change order to utilize available project funding. DISCUSSION: At 11:00 A.M. on April 14, 1988, the City Clerk opened and read the following bids for the project: Bidders Amount Bid Low George Dakovich & Son, Redondo Beach $133,342.65 2 J. Kovac Construction, Huntington Beach $135,805.20 3 Neff Contracting Corp., Anaheim $147,544.00 4 Nobest, Inc., Westminster $153,383.15 5 Damon Construction Company, Gardena $161,866.20 6 Sully- Miller, Orange $179,209.62 7 Bruce Paving Company, Gardena $184,949.00 is The low bid is 21% below the Engineers estimate of $170,000.00. The disparity between estimates and bid amounts is attributed to competitive bidding among contractors. The low bidder, George Dakovich & Son, Inc., is a well qualified general contractor who has successfully completed previous contracts for the City. • C: • 0 0 April 28, 1988 Subject: Phase I Ocean Front Sidewalk Repair, 1987/88 Page 2 This project is the first of three phases to repair the Ocean Front Sidewalk from 36th Street to 'E' Street. In general, the project involves a reconstruction of existing sidewalk and curbs to eliminate existing cracks, ver- tical displacement and rough asphalt patches at various locations. Funding in the amount of $182,350.00 is available in the current Capital Projects Budget Account No. 02- 3397 -360. Funding for Phase II and Phase III must be considered in future budgets. In order to utilize available funding for this project staff proposed a contract change order to increase the amount of sidewalk replace- ment in this contract. This action will insure the maximum amount of sidewalk repairs to occur in Phase I before summer and reduce the amount of repairs needed for future phases. The plans and specifications were prepared by Austin -Foust Associates. The estimated date of completion is June 11, 1988. i Benjamin B. Nolan Public Works Director BBN:sb Attachment i • E CL w a r 0 O W 2 ul rA Sr a C6 V epy l� v !S(xsb a O H102b�S m m Yf d r 1p 1p Y 6 Yf O / O SY O / tt CIS l l F6 m ! i °4 m x x m 6 04, ' m w / a 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PN4SE 7 40Ca4N P4PONT 3 1OBaVG L K oeXA4 1E19 /9497/88 DRAWN /V. 4dgr . DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. — DRAWING NO. 0 0 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A -6214, dated 29 September, 1961, and A- 24831, dated 1I June. 1963. STATE OF CALIFORNIA County of Orange P� Wheii AC~WV Co W py t" M n 7 pdM Mtn Ill p,Ca COMAM Mein 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 Inviting Bids Notice Of I PUBLIC NOTICE of which copy attached hereto is a true and complete P copy, was printed and published in the Costa Mesa, I NOTICE Newport Beach, Huntington Beach, Fountain Valley, � �t °i e° mce oofi ill, Irvine, the South Coast communities and Laguna C City Clerk, 3300 Newpon Beach issues of said newspaper for TWO N Newport Beach; CA , PROOF OF PUBLICATION • TO: CITY COUNCIL FROM: Public Works Department E March 28, 1988 u, !q'%110 CUiir,ClCITY COUNCIL AGENDA CITY OF NEW PGRT BEACH EM NO. F -16 MAR 2 8 1988 APPROVED SUBJECT: PHASE I, OCEAN FRONT SIDEWALK REPAIR, 1987/88 (Contract No. 2532) RECOMMENDATION: 1. Approve the plans and specifications. DISCUSSION: Authorize the City Clerk to admwAise�Fer*�•at On April 13, 1987, the City Council voted on and passed a motion to accept and file the Ocean Front Boardwalk Improvement Feasibility Study, dated is August, 1986, without further action, except for rehabilitation of the existing walk. The City Manager directed staff to inventory existing conditions in the subject area, and prepared a plan to repair these conditions which would be brought back to Council for final approval. A survey of the existing ocean front sidewalk (15,000 lineal feet) has inventoried extensive cracking. Simple crack repair is not practical and City staff recommends that a combination of sidewalk replacement and some crack repair be accomplished in a three phase program. In general the program involves reconstruction of existing sidewalk and curbs to eliminate existing cracks, vertical displacement and rough asphalt patches at various locations. The first two phases will remove and replace approximately 6,600 lineal feet of the most extensively cracked sidewalk. The third phase will repair cracks and joints in the remaining sidewalk. The estimated cost for the program is $175,000 for the Phase I project (3,300 lineal feet of sidewalk) and $175,000 for the Phase II project (3,300 lineal feet of sidewalk). An estimate for the Phase III project has not been completed at this time. See the attached sketch for limits of the Phase I project. Funding for the first phase project is available in the current • Capital Project Budget Account No. 02- 3397 -360. Funding for the second phase and third phase projects must be considered in future budgets. o'�) • This project is not subject to Coastal Commission review and has been deemed categorically exempt from the E.I.R. processes by City staff. The plans and specifications for the Phase I project were prepared by Austin -Foust Associates. Copies of the plans are available for review at the Public Works Department. If acceptable bids are received, a contract can be awarded on April 25, 1988, with an anticipated completion date by June 12, 1988. Benjamin B. Nolan Public Works Director BBN:sb Attachment • X • C] • K W Q 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PH4SE 7 GCC4N �,pOKT .4/OEH/C L r oPERO /,BC /987/89 K W ti 4 DRAWN f9F CS. DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. - DRAWING NO. 330 WEST BAY STREET 0 COSTA MESA, CALIFORNIA 92626 0 (7 14) 642 -4321 Dear Advertiser: Enclosed please find clipping of your ad from the first publication. If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be Thanks for your cooperation and patronaoe.. PILL_ IC N^- -- rte_ INVR(N� TM Sealed bids .may be re- :eived at the office of ttre it Clerk, 33Q0._Nawport ar Beech, 3oulever{), e x 1768, 1 Jewp Cq X2658 -8915 until 11:00 a.m. n the 14th day Of gpril 988, at which time such Ids shall be opened and ed for Tltlo of Proloet: PHASE 1 Contract No.: 2532 Engineer', Etlimate: 8170,000 Approved by the city Council this 28th day of March, 1988, WANDA E. RAGGIO, City Clerk Prospective bidders may obtain one set of bid docu- ments at no cost at the office at the Public Works Depart. ment, 3300 Newport Boulevard, P. O. Boz 1768, Vewport Beach, CA nacre o.,.. Manager of 641 -3311. -1— Published Drange Coast Daily Pilot March 31, April 4, 1988 TAM581 ..d Sincerely, gaycttt rvisor Legal Advertising Dept.