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
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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
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` 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
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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
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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
•
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•
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•
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PH4SE 7
GCC4N �,pOKT .4/OEH/C L r oPERO /,BC
/987/89
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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.