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HomeMy WebLinkAboutC-2586 - Sewer & Alley Replacement Program, 1987-88CITY OF NEWPORT BEACH August 1, 1988 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 George Dakovich & Son, Inc. 422 Camino Del Campo Redondo Beach, CA 90277 (714) 644 -3005 Subject: Surety: The Ohio Casualty Insurance Company Bonds No.: 2- 679 -584 Contract No.: C -2586 Project: Sewer Main and Alley Replacement Program 1987 -88 The City Council of Newport Beach on June 27, 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 July 5, 1988, Reference No. 88- 320171. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department i 3300 Newport Boulevard, Newport Beach Rgc PLEASE RETURN TO: RFOufsRFONO City Clerk /By''L� e�• City of Ne rt B ach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 NOTICE OF COMPLETION NO CONSIDERATION PUBLIC WORKS EXE PT 88- 320171 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA .930 PM JUL 5'88 n � COUNTV - Y RECORDER 10 All Laborers and Material Men and'to Every Other Person Interested: „ YOU WILL PLEASE TAKE NOTICE that on June 27, 1988 the Public Works project consisting of Sewer Main and Alley Replacement Program 1987 -88 (C -2586) on which George Dakovich & Son, Inc. 422 Camino Del Campo, Redondo Beach, CA 90277 was the contractor, and The Ohio Casualty Insurance Company, P.O. Box 5253, Fresno, was the surety, was completed. C VERIFICATION I, the undersigned, say: CIT�-,OF NEWPORT BEACH Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 29. 1 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK 1, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on June 27, 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 June 29, 1988 at Newport Beach, California. I , oi-� -� 0 IMF" P 4e / oe 27, 1988 BY THE CITY COUNCIL TY COUNCIL AGENDA CITY OF NEWPORT BEAI�EM NO. F -13 TO: CITY COUNCIL JUN 2 7 1988 • Fi ':� ?t'i'iY u.11 FROM: Public Works Department SUBJECT: ACCEPTANCE OF SEWER MAIN AND ALLEY REPLACEMENT PROGRAM, 1987 -88 CONTRACT NO. 2586 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 $616,715.00 Amount of unit price items constructed 653,816.00 Amount of change orders 5,413.72 Total contract cost $659,229.72 Funds were budgeted in the General Fund, Account Nos. 02- 5587 -102 and 02- 3487 -015. The increase in the amount of the unit price items constructed was due primarily to the paving of an alley which had been omitted from the estimate and a greater than estimated quantity of roadway paving to be replaced. One Change Order was issued in the amount of $5,413.72. It provided for potholing to determine the exact locations of the gas, water and sewer mains; removal and disposal of 740 feet of abandoned gas mains; and extra hand excavation in the easement above Dover Drive due to the existing sewer being 4.5 feet deeper than shown on the plans. The contractor is George Dakovich & Son, of Redondo Beach. • The contract date of completion was March 15, 1988. Completion was delayed by the extra work and the construction of the additional alley. The pr 'ect was completed by May 6, 1988. Benjamin B. Nolan Public Works Director BBN:pd Attachment Yf �, cp. -i �, j•.. PROJECT LOCATIONS AV: ": )'.]/I] V ` -,.:-o C -. ] Lam• av0.•Y r i -- / .,� m"�t' a,, Vii. .,;�� � �,.•' �o i''a '�� ,%' a� I / ° sue, ' �� r : '• ��� °�J� �', 9�� r8tr1' CNAINE�1- ��e /,g����% i J / ,• X51 LIQo�T J >'. ?4/ Frr FNINS PROJECT LOCATIONS Po` ov ,ire SCALE 1 "- 1600' CITY OF NEWPORT BEACH DRAWN R.O. DATE SEPT. 1997 PUBLIC WORKS DEPARTMENT APPROVED SEWER MAIN AND ALLEY — T REPLACEMENT PROGRAM 1987 -88 • C -2586 DRAWING No. EXHIBIT 'A' 0 CIT)OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 July 1, 1988 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following doclmient for recordation and return to the above -named office: C -2586 (Sewer Main and Alley Replacement Program, 1987 -88) and C -2666 (1987 -88 Water Main Replacement Program) Sincerely, Wanda E. Raggio City Clerk 3300 Newport Boulevard, Newport Beach • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: 1!INANCE DIRECTOR FROM: CITY CLERK DATE: November 20, 1987 SUBJECT: Contract No. C -2586 Description of Contract 1987 -88 Sewer Main and Alley Replacement Program Effective date of Contract November 20, 1987 Authorized by Minute Action, approved on October 26, 1987 Contract with George Dakovich & Son. Inc. Address 422 Camino Del Campo Redondo Beach. CA 90277 Amount of Contract $616,715.00 "We26' s 64e Wanda E. Raggio �p V� City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach E i November 18, 1987 t TO: CITY CLERK FROM: Public Works Department I SUBJECT: SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 (C -2586) Attached are forms of the subject contract documents. Please have them executed on behalf of the City. Retain your copy and return the other copies to this Department. 4�-, ;�Z- Steve Luy Project Engineer SL:cc Attachments CITY CLERK 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 11:00 a.m. on the, 15th day of October , 1987, at which time such bids the. 15th be opened and read for SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 - it e o Pro.iect 2586 Contract No. $650,000 Engineer's Estimate • p Approved by the City Council this 28th day of September, 1987. an a E. Raggio 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 Stephen Luy at 644 -3311. Project Manager 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 0 SEWER MAIN AND ALLEY REPLACEMENT PROGRAM CONTRACT NO. 2586 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1.a 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. 2586 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: I TEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Fifty Thousand Dollars and NO Cents $ 50,000.00 Per Lump 5um 2. 1,770 Remove existing 8 -inch sanitary sewer and Lineal Feet construct new 8 -inch diameter sewer main @ Fifty Dollars and NO Cents $ 50.00 $ 88,500.00 Per Lineal Foot 3. 1,580 Remove ex Lineal Feet construct including @ Sixty NO Per Linea isting 8 -inch sanitary sewer and new 8 -inch diameter sewer main trench resurfacing Dollars and Cents $ 60.00 $ gq,800 00 Foot n N Oo 0) rn m m f �m a z m 3 m C C'f fl1 0 n 0 rD � a O m 0 0 m 0 D O G n N 0 z f: . nv n-eF - o-smos - + 7 O 7 Z J• -C Sd 3 J. m =r - T m s m O omorD " v m s n < 3 < (D O w•KMo oI.-C< » o J. o o m o to -q Z T N S = O O O m c M 3 m N M G m m 0 m -�•� o (D h a c o x 3 3 7 fD O_ W ID O H 0 m m o rn —O O O M a J n z -M F o w o 0 3 a r 7r m c c cm a< .0 Q MF ff fr Gr O s = n n m in in O c i n � s PR l.b ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 10 Reconnect existing sanitary sewer Each laterals (private road easement) @ One Hundred Dollars and NO Cents $ ion-on $ _ hpp0.0p 5. 800 Remove existing house connection and Lineal Feet construct new 4 -inch house connection including trench resurfacing @ Fifth Dollars and NO Cents $ 50 On $_40 000,gg Per Lineal Foot 6. 590 Remove existing house connection and Lineal Feet construct new 4 -inch house connection @ Forty -Five Dollars an NO Cents $ 45.00 $ 26,550.00 Per Lineal Foot 7. 155 Construct house connection cleanout Each @ One Hundred Dollars and NO Cents $ 100.00 $ 15 „ on_oo 8. 2 Construct sanitary sewer cleanout Each 2 Four Hundred NO 9. 3 Remove existing sewer manhole and Each construct sanitary sewer manhole Dollars and Cents @ Three Thousand Dollars and NO Cents $ 3,900.00 $ 9,000 on Each 10. 32,860 Remove existing alley pavement and Square Feet construct P.C.C. pavement @ Five Dollars and NO Cents $ .. 5.00 $164 300.00 Per Square Foot PR 1.c ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 3,270 Remove existing alley approach and Square Feet construct new alley approach @ Six Dollars and NO Cents $ 6.00 $ 19-620.00 Per Square Foot 12. 3,620 Remove existing pavement and construct Square Feet P.C.C. pavement patch back N Five Dollars NO er auare and Cents $ 5.00 $ 18,100.00 13 45 Remove existing pavement and construct Tons A.C. pavement patch back @ One Hundred Twenty -Five Dollars and NO Cents $ 125.00 $ 5,625.00 Per Ton 14 170 Remove existing sidewalk and construct Square Feet P.C.C. sidewalk @ Four Dollars and NO Cents $ 4.00 $ 680.00 Per Square Foot 15. Lump Sum Bracing excavations and trenches @ Thirty -Five Thousand Dollars and NO Cents $ 35,000.00 er Lump Sum 16. 1,20U Remove existing roadway pavement Square Feet and construct new roadway pavement @ Five Dollars and NO Cents $_ 5.00 $ r,_nnn_nD Per Square Foot 17. 31 Remove existing curb and gutter and Lineal Feet construct P.C.C. curb with 1 -foot gutter @ Twenty Dollars and No Cents $_ 20.00 $ 6 ?p nn Per Lineal Foot �"" PR 1.d ITEM QUANTITY 412 ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lineal Feet (S- 5115 -S) 18. 30 Construct new 8 -inch diameter sewer main Lineal Feet including trench resurfacing (S- 5115 -S) @ Eighty Dollars and and NO Cents $ 80.00 $ 2,400.00 $ 60.00 Per Lineal Foot 19. 412 Construct new 6 -inch sanitary sewer Lineal Feet (S- 5115 -S) @ Sixty Dollars and NO Cents $ 60.00 $ 24,720.00 Per Lineal Foot 20. 3 Construct sanitary sewer manhole Each (S- 5115 -S) @ Two Thousand Dollars and NO Cents $ 2,000.00 $ 6,000.00 Per Each 21. 7 Construct slope anchors (S- 5115 -S) Each @ Five Hundred_ Dollars and NO Cents $ 500.00 $ 3,500.00 Per Each _ 22. 1 Core and join existing manhole (S- 5115 -5) Each @ One Thousand Dollars and NO Cents $ inn $ i nnn nn Per Each 23. Lump Sum Clear trees from slope (S- 5115 -S) @ Two Thousand Dollars - and NO Cents $ 2,000.00 Per Lump Sum 0 0 PR 1.e ITEM QUANTITY M DESCRIPTION UNIT L NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 100 Remove existing concrete sidewalk and patio. Square Feet Construct P.C.C. pavement patch back. (S- 5115 -S) @ Ten Dollars and NO Cents $ 10.00 $ 1.000.00 er quare Foot TOTAL PRICE WRITTEN IN WORDS Six Hundred Sixteen Thousand, Seven Hundred Fifteen Dollars and NO Cents $ 616 715.00 October 15, 1987 GEORGE DAKOVICH & SON. INC. Date Bidder (213) 325 -2417 Bidder's Telephone Number s/ Vladimir Popovich, Vice President Authorized Signature /Title 422 Camino Del Campo 194375 A Redondo Beach, CA 90277 Contractor's License No. & Classification Bidder's Address • • 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. 194375 A ontr's Lic. No. & C assification October 15, 1987 Date George Dakovich & Son, Inc. Bi er Page 2 S' Vladimir �p vich- VI r.P PrPCidPnt Authorized Signature /Title DESIGNATION OF SUBCONTRACTOR(S 0 Page 3 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. s/ Vladimir Popovich, Vice President Authorized Signature/Title VILE WITH CITY CLERK Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, GEORGE DAKOVLCH & SOAK INC , as bidder, and THE nurn CASHAITY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ Q 00 _), 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 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. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day of October , 1987 , GEORGE DAKOVICH & SON. INC. (Attach acknowledgement of Bidder Attorney -in -Fact) Donna M. Smith Notary Public Commission Expires: 1/27/89 s/ Vladimir P000vich, Vice President Authorized Signature /Title THE OHIO CASUALTY INSURANCE COMPANY Surety By s/ Steven P. Edwards Title Attorney -in -Fact NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. GEORGE DAKOVICH & SON TNC_ Bidder s/ Vladimir Popovich, Vice President Authorized Signature /Title Subscribed and sworn to before me this 13th day of October , 1984. My commission expires: February 4, 1990 s/ Elizabeth NCC. Rose Elizabeth C.N"ose y Public Page 5 • 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 s/ Vladimir Popovich, Vice President ut orized Signature /Title • Page 7 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 all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That 0 Page 8 BOND No. 2- 679 -584 WHEREAS, the City Council of the Cityf Newport Beach, State of California, by motion adopted rtnh 2F ` er ,-1482 hereinafter designated as the "Principal ", a contract for ;Pwpr Main and Alley 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 SIX HUNDRED SIXTEEN THOUSAND SEVEN HUNDRED FIFPEEN AND NO /1(Mllars ($ 616,715.00 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, 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 0 Payment Bond (Continued) • Page 9 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 13TH day of NOVEMBER t 1 Authorized Signature and Title 7HF. QHTQ MR17AT.TV TALS77RANrF. QCMANY (Seal) Name of Surety JP.O. Box 5253, Fresno CA 93755 Address of Surety V Signature and Title of Aut orized gent STEVEN P. EDWARDS, ATTORNEY -IN -FACT 5260 N. Palm #400, Fresno, CA 93704 ddress of Agent (209) 449 -1900 Telephone No. of Agent m G m n 0 3 3 O _ a a 0 v c v 0. _ v, HI. I�IV VYVLLVOUnLn� _ JO*l io v w o d � � 0 0 w w 0 �. o > > T w ° a N > w ^ w O � S S dw. N � 3 e w O C w � _ F � w = w v � n c w < w z s d p m � w o m n � e n o � ° N _ O C d � 3 K ^ o �y d H w � z m w by p °5 HV d n>< F � s � w 0 d d � n 2 w a 0 c a n 0 _ d O _ N K z 0 C=i OJ n7 6 K R r [T1 cO 14 J 0 m o_ 0 m 3 w n N C � � m O T T I I� 9 A r On w �8= z, tERTIMP COPY OF POWER OF ATT EY THE OHIOABUALTY INSURANCE COMPANY HOUR OMC& HAUMTON, OHIO Nos 21 -571 Wwo AU flint by Zf t9t Frt9fW& That THE OHIO CASUALTY INSURANCE COMPANY, In pursuanu of authority granted by Artiele V44 Section 7 of the By -Laws of rid Company, does hereby nominate, constitute and appoint, St +van @a Edlrards se • - se se r • s• + a as so . • ,a • • .. of lfroonoa California - - - - — Its true and lawful agent and attorney -in -fact, to make, execute, sell and deliver for and an its behalf as surety, and me its act and dead any and all BONDS, UNDERTAKINGS. and RECOGNIZANCFS, not exceeding in any single instance ItII` d11Li�loH ♦ ► r • } r « • r r r • s. r a * a w s, r r w 1AP97AQ y1() i1.Q r ) Dollars, axe a mg, nowavar. and 1>ontl (s� er undertakiuQ `.) QuaraeteeieQ the payment oI notes a m eat I ereon And the execution of such bends or undertakings in pursuance of theme present@, shall be an binding upon maid Comport y, n fully and amply, to all intents and purposes, as if they bad been duly executed and acknowledged by the regularly elected officers 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 -fact. OEA In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty Insuranw Company has hereunto mbscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 14Lh day of lla 1985 (Signed) ......................... 11MAl.. Na... ulliffbX IM11....................... STATE OF OHIO, l SS Aegt• Secretary COUNTY OF BUTLER r On this 24th day of May A. D. 1995 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, tame Ihama uue LlildebrinJ .1 of THE OHIO CASUALTY INSURANCE COMPANY, to me penane�ly lroewn to be the srldivt�,�al tn# SIfiEfr i�rib•ed�in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by we duly sworn deposeth 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 an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ,em!s��nra IN TESTIMONY WHEREOF, I have hereunto at my hand and affixed my Official "Uut f sl Seal at the City of Hamilton. State of Ohio, the day and year first above written. s% .,s * (Signed) 9r h $ .r ...........lL b Iham ... ............................... _ .�' ;t� Notary Public in and for County of Butler. State of Ohio al /anmlztrt�- My Commission expires ........ ......... ......... Uotsinbgr 2ri'; "'Tg35: 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 AltorneyinFaet, etc. The chairman of the board, the president, any vice - president, the secretary or any assistant secretary shall he and is hereby vested with full power and authority to appoint attorneys - infect for the purpose of signing the name of the Company no surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, 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 pr 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 sealed by facsimile as 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 -laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of e 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 seat are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect et 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 -lows 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 WITNESS WHEREOF, I have hereunto set my hand and the sent of the Company this 13TH day of NOV A.D., 19 87 srq(li G Assistant Secretary S- 4300 -C 12 -80-3M • 0 Page 10 FAITHFUL PERFORMANCE BOND BOND NO. 2- 679 -584 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 26 1987 has awarded to GEORGE DAKOVICH & SON. INC. hereinafter designated as the "Principal ", a contract for SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 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 CWANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of SIX HUNDRED SIXTEEN THOUSAND SEVEN HUNDRED FIFTEEN AND NO /100ollars ($ 616.715.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice s ! Page 11 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13TH day of NOVUMR , 19 87 Authorized Signature and Title THE OHIO CASUALTY INSURANCE COMPANY (Seal) Name of Surety P.O. Box 5253, Fresno, CA 93755 Address of Surety 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 1m 0 I � u 1 i �I I n 3 3 N, n a a 2 p c n Dm 0 , d d a W a O F7 m 0 O C Lr] Mx to W cn H C h] z tZI ro r 00 ro d a- 0 m 3 2 m m < O Vj O T T M U z 0 Y N_ `o 0 R D$ 3 � SSG r• y L n � . r 06Chm r S� NtmB � za ^ ^° o n o s � d > > p 0 od. s n � n p � n a d g 3 4 C1 n n _ a m - n ° , , d ^ 3 ^ g F n c e s e c 0 3 n n d z ° o w m ° m n C ° 6 — o � n , a n n 3 x n � a7 °u K R o HD M _ 2 p c n Dm 0 , d d a W a O F7 m 0 O C Lr] Mx to W cn H C h] z tZI ro r 00 ro d a- 0 m 3 2 m m < O Vj O T T M U z 0 Y N_ `o 0 R D$ 3 � SSG r• y L n � . r 06Chm r S� NtmB � za F � a � n a d g 3 4 C1 n 2 p c n Dm 0 , d d a W a O F7 m 0 O C Lr] Mx to W cn H C h] z tZI ro r 00 ro d a- 0 m 3 2 m m < O Vj O T T M U z 0 Y N_ `o 0 R D$ 3 � SSG r• y L n � . r 06Chm r S� NtmB � za lbERnnEA COPY OF POWER OF A'TTO Y THE OHIIOC UALTY JNSUIiANCE MPANY HOUR Orrtcs, HAYWTOH. OH10 19M. 21-631 Kmw AU Jttl ifs (oIrlit f rtottdo: That THE OHIO CASUALTY INSURANCE COMPANY, fa pursuance of authority granted by Article V Section 7 of the By -Laws of said Company, does hereby nominate, constitute and appointr Steven to Edwards . • - - - • • a e, a . 4 • - - w . - of Protnoa California - - - - - its true and lawful agent and attorney .la -fact. to make, execute, seal and deliver for and an its behalf an surety, end as It. act and dead any and all BONDS. UNDERTAKINGS, and RECOCPU7ANCES, not exceeding in any single inatence ti �i1Lt�I0N . - .. .. .. a. . ... . « .. .. (i4 y- 0 �A 00 - .) Dollars, axe u ng, ow"arl any bend (s) e[ undartaking(s) guaranteeing tha payment of note. a,fd in � art thereon And the execution of such bonds or undertakings in pursuance of these p[events, shall be as binding pon said Com anyy, as Tully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regula+ly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. Tba authority granted hereunder supersede, any previous authority heretofore granted the shove named attorney (a) -fn -fact. its In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty (-9 I'll -" Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Gwalty lasutanee Company this day of 19 EAL �: 24th 19ag 215. (Sig nod)............. TitftAIh..{iw...UlflftbX.AM ...................... ry!tiie STATE OF OHIO, SS Assts Secretary COUNTY OF BUTLER On ilia Mth day of May A. D. f9 as before the subscriber, a Notary Public of the State of Ohio, in and for the County of Buller, duly commissioned and qualified. came Thass. of THE OHIO CASUALTY INSURANCE COMPANY, to me personably known to ba t�a trldivs ua tt3 ho c r e ri ed tn, and who executed the preceding instrument, and he cknow. ledged the execution of the "me, and being by me duly sworn deposeth and with, that he is the officer of the Company aforesaid, and that the scat 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 said instrument by the authority and direction of the said Corporation. vaslee¢1111e IN TESTIMONY WHEREOF, I have hereunto at my hand and affixed my Official d �t�V----tfr �ti- Seal at the City of Hamilton. State of Ohio, the day and year first above written. n (Signed) x . t`� rb Note Public in and for County of Butler. State of Ohio �r /rtn,mlt�s�A My Commission expires ..•.....U�RGfiab OI ..Zli.�... ),9J5.. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -I.awa of the Company, adopted by its directors on April 2, 1954, extract, from which read: "ARTICLE VP" 'Section 7. Appointment of Attorney -in -Fact, etc, The chairmen of the board, the president, any vice - president, the secretary or any aantent 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 eo,porate ,.eh acknowledge and deliver any and all bonds, reeognizenees, stipulations, 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 wrote, or the United States of America, or to any other political sub- division. This 6arumcni is signed and sealed by facsimile as 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 -low. to appoint attorney, 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 ,ignntutes and real are hereby Adopted by the Company As original signsturts and seal, to be valid and binding upon the Company with the same 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 -laws of the Company and the above Revolution of its Board of Directors are true and correct topic, and are in full force and effect on ibis date. IN WITNESS WHEREOF, 1 )lave hereunto sus my bend and the vent of the Company this 13TH day of NOV A.D., 19 $i P�SEAL Y Assistonl Secretary 5- 4300•C 11 -00-7M *RTIFICATE OF INSURANCE • Page 12 .tHlIVILAlt HULULK INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach Company 3300 Newport Boulevard Letter A FIREMAN'S FUND INSURANCE Co. Newport Beach, CA 92663 Company B NAME AND ADDRESS OF INSURED Letter Company C ny D E 'his is to certify that policies of insurance listed below have been issued to the insured named Ibove and are in force at this time, including attached endorsement(s). TOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 'ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the-Insurance Company affording coverage hall-.-provide 30 days' advance notice to the City of Newport Beach by �Pgistered ma N, attention: Public Works Department. 3y ve Date Agency: FRANK B. HALL & CO. 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: SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 (C -2586) 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 LIABILITY IN THOUSANDS 000 :OMPANY TYPES OF INSURANCE Policy Exp. g. ro uc s. .ETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY - x Comprehensive Form 8021348 GENERAL AGGREGATE $3,000, x Premises - Operations 6/1/88 PRODUCTS /CCMP OPS A x Explosion & Collapse Hazard AGGREGATE $3,000, x Underground Hazard PERSONAL /ADVERTISING x Products /Completed Operations INJURY $2,000, Hazard EACH OCCURRENCE $2,000, x Contractual Insurance FIRE DAMAGE $ 50, x Broad Form Property Damage MEDICAL EXPENSE $ 5, x Independent Contractors X Personal Injury Marine Aviation . AUTOMOTIVE LIABILITY (] Comprehensive Form Bodily Injury (Each Person $ A Owned MXX 0213487 $ Bodily Injury 6/1/88 (Each Occurrence ❑x Hired Property Dam a 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 Statutor and ac EMPLOYER'S LIABILITY Accident) TOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 'ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the-Insurance Company affording coverage hall-.-provide 30 days' advance notice to the City of Newport Beach by �Pgistered ma N, attention: Public Works Department. 3y ve Date Agency: FRANK B. HALL & CO. 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: SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 (C -2586) 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. 0 0 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 13 With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple. Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (X ) Single Limit Bodily Injury Liability $_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: AND ALLEY REPLACEMENT PROGRAM 1987 -88 LC- 2.586) (Project Title and Contract No.). This endorsement is effective 6/1/87 at 12:01 A.M. and forms a part of Policy No. MXX30213487• Named Insured GEORGE DAKOVICH & SON, INC. En Aeme`(nttNo. Name of Insurance Company FIREMAN'S FUND INS. CO. By Adthorized Represent ve • • Page 14 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf 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 nold 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: SEWER MAIN AND ALLEY R P - - Project Title and Contract No. This endorsement is effective 6/1/87 at 12:01 A.M. and forms a part of Policy No.MXX80213487 Named Insured GEORGE DAKOVICH & SON. INC. 1 Endorsement No. Name of Insurance Company FIREMAN'S FUND INS. CO. By • • Page 15 CONTRACT THIS AGREEMENT, entered into this 2 �l day of 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City, and Dakovich & Son, Inc. , hereinafter "Contra tor,"is ma a with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88_ _ C -2586 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: SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 C -2586 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 Six Hiindrpd 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 SEWER MAIN AND ALLEY Tit e o ro�ect 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. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Name Contractor (Pr' ipal) Authorized Signatu e W d title Authorized Signature and Title CITY 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 0 SP1of6 SEWER MAIN AND ALLEY REPLACEMENT PROGRAM CONTRACT NO. 2586 I. SCOPE OF WORK The work to be done under this contract consists of removing and replacing existing sewer main and alley improvements; adjusting existing City -owned utility frames and covers to finished grade; and other incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. S- 5115 -S, S- 5124 -S and A- 5119 -S), (3) the City's Standard Special Provisions and Standard Drawin s for Public Works Construction 98 Edition) an 4 the Stan ar Speci ications for Public Works Construction (1985 Edition), including supplements. Copies o the Standard ecial Provisions and Standard Drawin s may be purchased at the Public Works Department for Five Dollars 5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. TIME OF COMPLETION AND SCHEDULE OF WORK A. All work under this contract shall be completed by March 15, 1988. B. The Contractor shall complete all work on each alley or street within thirty (30) consecutive calendar days after beginning work on that alley or street. The term "work" as used herein shall include all removals, adjustments, and replacements; construc- tion of sewer improvements; construction of alley pavement, alley approaches, street pavement, curb, driveways, sidewalk, adjacent PCC or AC garage approaches and AC joins. Also included within the specified period is curing time for the new PCC improve- ments. In summary, this means that each alley or street and every garage approach with access from that alley must be returned to normal vehicular use within thirty (30) consecutive calendar days from the day it is first closed to such use. The Contractor must employ sufficient men and equipment to meet this schedule. If it 9 • SP2of6 becomes apparent during the course of the work that the Contractor will not be able to meet this schedule, he will be prohibited from starting work in additional alleys or streets until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the thirty (30) consecutive calendar days allowed for 100% comple- tion of the construction work in each alley or street and the alley's or street's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project within the spe- cified time. The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the work in an orderly, pre - planned, continuous sequence so as to minimize the time an alley is closed to vehicular traffic. C. No work shall begin until a schedule of work has been approved by the Engineer. The Contractor, in preparing his schedule of work, should consider phasing construction to minimize traffic congestion during the weekends and holidays. IV. PAYMENT The unit or lump sum price bid for each item of work shown on the propo- sal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. V. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents Forty -eight (48) hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be re- stored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time at the time • 0 SP3of6 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 fur- nished by the Engineer. B. "NO PARKING. TOW -AWAY Signs 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 -3742, 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 simi- lar 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. C. Street Sweeping Signs The Contractor shall bag or cover street sweeping signs on those streets adjacent to the construction site in a manner approved by the Engineer, after posting "NO PARKING -TOW AWAY" signs. All street sweeping signs shall be uncovered immediately after comple- tion of work and upon removal of the "NO PARKING -TOW AWAY" signs. VI. CONSTRUCTION SURVEY STAKING Field staking for control of construction will be provided by the Engineer. VII. WATER If the Contractor elects to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to the City the deposit will be returned to Contractor, less a quantity charge for water usage. VIII. STEEL PLATES The City can provide, free of charge, a limited quantity of 1" thick, 5' x 10' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the contractor must call the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 644 -301. IX. SURFACE AND GROUNDWATER X 0 SP4of6 Groundwater may be encountered in the project area. The Contractor will be responsible for providing, installing, maintaining and operating a dewatering system in the project area. Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay. CONSTRUCTION DETAILS A. Constructing Sewer Mains The Contractor shall be responsible for maintaining sewer service at all times during construction of this project. Method of main- taining service shall be approved by the Engineer prior to the start of work. 1. Sewer Alternatives a. Vitrified Clay Pipe (VCP) (1) Sewer Main Sewer pipe, house connections (HC) sewer cleanouts, and fittings shall be extra strength vitrified clay pipe (VCP). (2) House Connections (HC) New HC laterals shown on the plan shall be aligned perpendicular to the new sewer main unless otherwise shown on the plans. To accomplish this, the Contractor shall determine the exact location of existing HC at property lines prior to laying new pipe. The material and size of existing laterals at property lines may vary and shall be verified by the Contractor at his own expense. The Contractor shall furnish and install a sewer cleanout at each house connection lateral shown on the plans. (3) Manhole Connections Manhole connections shall be watertight. The vitrified Clay pipe shall be cement - grouted to existing manhules. Grout, proportioned by volume, shall be 1 part Portland cement and 2J to 3 parts sand to which 1/10 part lime may be added. • ` SP5of6 b. Polyvinyl Chloride (PVC) (1) Sewer Main Sewer pipe, house connections (HC), sewer cleanouts, and fittings shall be polyvinyl chloride (PVC) SDR 35 and shall conform to the requirements of ASTM D1784 and 3034. The PVC pipe shall have a nominal diameter of 8 inches except for house connections, and shall have integral bell and spigot connections with elasto- meric gaskets. (2) House Connections (HC) See "Construction Details," Section X.A.1.a.(2). (3) Manhole Connections Manhole connections shall be watertight. Approved methods for connection can be made as follows: (a) Manhole couplings with elastomeric gasket seals shall be cement - grouted into the manhole walls. Pipe inserts into coupling. (b) Waterstop in various forms (e.g., flexible boot or sleeve 0 -ring or gasket) produced from elastomeric compound is grouted or locked into manhole wall. Pipe inserts into waterstop. (c) Grouted connections directly to PVC pipe may be effective if the pipe at the connection is first softened with solvent and covered with sand. (d) Grout, proportioned by volume, shall be 1 part portland cement and 2# to 3 parts sand to which 1/10 part lime may be added. B. Street and Alley Construction 1. Removals and Excavation The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supple- mented herein. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. • SP6of6 2. Existinq Utilities The Contractor shall adjust to finished grade all sewer manho- les, sewer cleanouts, water meter boxes, water valve covers, and monuments prior to the placement of pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. 3. PCC Curb and Sidewalk The cost of constructing curb and sidewalk adjacent to new alley approaches to join existing improvements shall be included in the cost of constructing PCC alley approaches. 4. Encroaching Improvements The Contractor shall salvage any brick encroaching in the alley in conflict with the work, and stack it neatly on the property adjacent to the alley. The Contractor is not required to replace or adjust any encroaching improvements within the alley right of way. 5. Patch Back and Reinstallinq Brick The Contractor shall patch back bricks, AC, and PCC within private property at locations shown on the plans in a manner that matches the adjoining private property improvements in structural section, texture and color. 6. Water Meter Boxes The City shall furnish to the Contractor, at no cost, meter boxes to replace those boxes which were identified by the city to be substandard or broken prior to construction. Boxes bro- ken during the course of construction shall be replaced by the Contractor at his expense. No separate payment will be made for the placement by the Contractor of meter boxes provided by the City. • • • • pi) TO: CITY COUNCIL FROM: Public Works Department October 26, 1987 BY )HE CITY CE iltr l CITY COUNCIL AGENDA CITY OF NEWPORT BE A ,TEM N0. F-3(a) ry.A. NO. 036 OCT 2 6 1987 APPROVED SUBJECT: SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 (C -2586) RECOMMENDATION: 1. Find that the apparent low bidder, P & J Utility, is not "the lowest responsible bidder." 2. Reject the bid of P & J Utility. 3. Adopt a budget amendment appropriating $22,101.91 from the General Fund. 4. Award Contract No. 2586 to George Dakovich & Son, for the total price of $616,715, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on October 15, 1987, the City Clerk opened and read the following bids for this project: Bidder Total Price Low P & J Utility $ 606,720.00 2. George Dakovich & Son $ 616,715.00 3. Peter C. David $ 619,016.00 4. Christeve Corp. $ 636,474.00 5. Clayton Eng., Inc. $ 642,645.00 6. Matt J. Zaich & Sons Inc. $ 711,590.00 7. John T. Malloy $ 714,129.50* 8. Drainage Construction $ 796,346.00 9. Fleming Engineering Co. $1,140,271.00* *Corrected bid totals are $714,120.50 and $1,109,071.00 respectively. The apparent low bidder, P & J Utility, possesses specialty contrac- tor's licenses to perform pipeline and sanitation system work; however, approxi- mately one -half of the dollar amount of Contract No. 2586 is for alley replacement work only (no sewer replacement required). Such alley replacement should be performed by someone possessing a current Class C -8 Concrete Specialty Contractor's license or a Class A General Engineering Contractor's License, according to the State Contractor's License Board. The City Attorney concurs with Engineering staff that P & J Utility is not properly licensed , that they are not the "lowest responsible bidder," that the bid should be rejected, and the contract should be awarded to the next lowest bidder. Subject: Sewer Main and All •Replacement Program 1987 -88 (C *6) Page 2 The second low bid is 5.4% lower than the Engineer's estimate of $650,000. The second low bidder, George Dakovich & Son, Inc., is a well - qualified general contractor who has satisfactorily performed previous contracts for the City, and who possesses a Class A license. • This project provides for the replacement of approximately 3,350 lineal feet of deteriorated sewer mains, replacement of deteriorated sewer laterals, replacement of a small storm drain, reconstruction of alley improve- ments, and relocation of a City -owned sewer in an easement on private property (see attached exhibit for locations). i • The sewer main and lateral replacements will (1) restore the original flow capacity to the main and (2) preclude the infiltration of groundwater and sand into the deteriorated main. Such infiltration has resulted in rapid wear of sewer pumps and street surface settlements in recent years. The reconstruc- tion of the alley improvements will facilitate drainage and provide a smooth driving surface. The sewer relocation on private property will satisfy a January 1986 agreement between Ticor Title Insurance Company, Donald and Barbara Ward, and the City to cooperatively relocate a City sewer on the Ward's property. Ticor is to pay one -half of the cost of the relocation, but no more than $25,000. Accordingly, the contract contains bid items for all work on the Ward's property, and Ticor will be billed the appropriate amount upon award of contract. Funds for award are proposed from the following accounts: Account Description Sewer Main Replacement Program Balboa Peninsula Alley Replacement Agreement with Ticor and the Wards Street and Alley Resurfacing Program Account No. Amount 02- 5587 -102 $387,197.81 02- 3497 -430 200,000.00 22,101.91 02- 3487 -015 7,415.28 TOTAL $616,715.00 A budget amendment to appropriate the $22,101.91 has been prepared for Council consideration to fund the award amount to be repaid by Ticor and the Wards. Plans and specifications for Works Department staff. The estimated Benjamin B. Nolan Public Works Director SL:jd Att. the project were prepared by the Public date of completion is March 15, 1988. • • I PROJECT LOCATIONS \ u � ply �III � � "0 \gyp fl- 1 1 LI DO — .m ^j°; esJ LIDO u .\ WE$t .r•r r �e a Qr P /0 d� //� PROJECT LOCATIONS SCALE I °= 16500' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 - C -2586 DRAWN ^'U• DATE APPROVED DRAWING N0. EXHIBIT }A: • • • •ptember 28, 1987 CITY COUNCIL AGENDA ITEM N0. F -12 TO: CITY COU CIL FROM: Public Works Department SUBJECT: SEWER MAkN AND ALLEY REPLACEMENT PROGRAM, 1987 -88 (C -2586) RECOMMENDATIONS: 1. Appr ve the plans and specifications. 2. Auth rize the City Clerk to advertise for bids to be opened at 1 :00 a.m. on October 15, 1987. DISCUSSION: This project provides for the replacement of approximately 3,350 lineal feet of deteriorated sewer mains, replacement of deteriorated sewer laterals, replacement of a small storm drain, reconstruction of alley improve- ments, and relocation of a City -owned sewer on private property (see attached exhibit for locations). The sewer main and lateral replacements will (1) restore the original flow capacity to the main and (2) preclude the infiltration of groundwater and sand into the deteriorated main. Such infiltration has resulted in rapid wear of sewer pumps an street surface settlements in recent years. The reconstruc- tion of the alley improvements will facilitate drainage and provide a smooth driving surface. The sewer relocation on private property will satisfy a January 1986 agreement between Ticor Title Insurance Company, Donald and Barbara Ward, and the City to cooperatively relocate a City sewer on the Ward's property. Ticor is to pay one-hali of the cost of the relocation, but no more than $25,000. Accordingly, the Contract contains bid items for all work on the Ward's prop- erty, and Ticor will be billed the appropriate amount upon award of contract. The Eng neer's estimate for Contract No. 2586 is $650,000. Funds for award will be pro osed from the following accounts: t Account No. Amount Sewer M in Replacement Program 02- 5587 -102 $387,197.81 Balboa leninsula Alley Replacement 02- 3497 -430 $200,000.00 Agreeme t with Ticor and the Wards Not to exceed $ 25,000.00 Street nd Alley Resurfacing Program 02- 3487 -015 (balance req'd) Upon aw rd, staff will request approval of a budget amendment to fund the award amount o be paid by Ticor and the Wards. Plans Works �Department on Webb City Engineer SL:jd Att. id specifications for the project were prepared by the Public >taff. The estimated date of completion is March 15, 1988. BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 2 8 1987 APPROVED PROJECT LOCATIONS I 4 St Lloo�;r' T d E' V>y 01< y l ^0Q /Z g46� S'\ \CJ/ /• i � 1 J S1YS�r�Y�( LIDO �ayt. r /�iJ l L � ' I 4 St Lloo�;r' T d E' V>y 01< y l ^0Q /Z g46� S'\ \CJ/ /• i � 1 J r 0 ,a - PROJECT LOCATIONS bb r p DRAWN K•V• DATE ?e APPROVED � o DRAWING NO. EXHIBIT 3 S1YS�r�Y�( LIDO �ayt. r /�iJ l N A 0. 'L�.% r 0 ,a - PROJECT LOCATIONS bb r p DRAWN K•V• DATE ?e APPROVED � o DRAWING NO. EXHIBIT 3 ^ CALE I'= I600' CITY OF EWPORT BEA PUBLIC ORKS DEPARTMENT SEWER AIN AND ALLEY REPLAC MENT PROGRAM 198 -88 • C -2586 r 0 ,a - PROJECT LOCATIONS bb r p DRAWN K•V• DATE ?e APPROVED � o DRAWING NO. EXHIBIT 3 Aulhorried to Publish Adveruer notices by Decree of the Su California. Number A -6214. A- 21631, dated II June. 1963. STATE OF CALIFORNIA County of Orange 0 of all kinds including Public Court of Orange County, 29 September. 1961, and v ,IO,w "w WV Ce ftl by MM�x1 0 M n win 10 eG Ce4e:n wCM I am a Citizen of the United Cates and a resident of the County atoresaid;l am ver the age of eighteen years, and not a party to or interested in the below entitled matter. I am a princ pal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspapei of general circulation, printed and published in t e City of Costa Mesa, County of Orange. State o California, and that a Notice of INVITING IDS of which copy attached here, copy, was printed and publi Newport Beach, Huntington Irvine, the South Coast cc Beach issues of said newsp+ consecutive weeks to wit IN e I declare, under pent foregoing is true and Executed on _ at-Opsta Mesa, is a true and complete bed in the Costa Mesa, leach, Fountain Valley, lmunities and Laguna )er for 3 issue(s) of 198_ 7 198 7 198_ 198_ 198_ of perjury, that the , 198 ? • Boulevard, P. O. Box 1788 Newport each, CI 02658.8815 U0111 11:00 " on the 15th dqqyy of October 1087, at vAlish Ohm sud bide shall be opened im read fm T16e of Protest SEwEI MAIN AND ALLEY RE PLACEMENT PROORAA 1987 -88 �y eii�i"LritlmeN Approved by the CB CourmN this 28th day of Sec tornber, 1987. C WAWA F. MQelO, CH Prespecthe bidders me obtain one set of bid dax memo at m cost at the elk of the Pubic works DOW ment, 3300- Nelrpol Boulevard, P. O. Box 176 Nawporb Beach, C. 92888 -891s. For further aa0rflwft call Staphan Luy, Prole Donna no Dime IIf &gmo%w