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
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PROJECT LOCATIONS
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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
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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
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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
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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
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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
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DRAWN K•V• DATE ?e
APPROVED � o
DRAWING NO. EXHIBIT
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DRAWN K•V• DATE ?e
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DRAWING NO. EXHIBIT
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CALE I'= I600'
CITY OF
EWPORT BEA
PUBLIC
ORKS DEPARTMENT
SEWER
AIN AND ALLEY
REPLAC
MENT PROGRAM
198
-88 • C -2586
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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