HomeMy WebLinkAboutC-2717 - Avon Street Storm Drain improvement0 i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
February 10, 1989
(714) 644 -3005
George Dakovich & Son, Inc.
422 Camino Del Campo
Redondo Beach, CA 90277
Subject: Surety: The Ohio Casualty Insurance
Bonds No.: 2- 762 -883
Contract No.: C -2717
Project: Avon Street Storm Drain Improvement
The City Council of Newport Beach on January 9, 1989 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 of Completion has been recorded in
accordance with applicable portions of the Civil Code.
The Notice was recorded by the Orange County Recorder on
January 18, 1989, Reference No. 89- 030180.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk ��'/ '�J)z
City of Newport Bead
3300 Newport Boulevard
Newport Beach, CA 92663
NO COGGERATION
E? EMPT RECORDING REQUES --i HER
GOVERNMENT CODE 6103
ExErnPT
G6
NOTICF. OF COMPI,ETiON
PUBLIC WORKS
89= 030180
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
:00 JAN 18 1989
PM
Q,r-�W-4(RECORDER
'I o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on January 9, 1989 _
the Public Works project consisting of Avon Street7 Storm Drain Improvement (C -2717) _
on which George Dakovich & Son Inc 422 Camino net Campo Redondo Beach, CA 90277
was the contractor, and The Ohio Casualty Insurance, P.O. Box 5253, Fresno, CA 93755_`
was the surely, was completed.
VERIFICATION
I, the undersigned, say:
CITY OF NEWPORT BFACH
Public Works
I am the Public Works Director of the City of Newport Beach
Notice of Completion is true of my own knowledge.
the foregoing
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 11, 1989 at Newport Beach, California.
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on January 9, 1989 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 January 11, 1989 at Newport Beach, California.
City Clerk
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on January 9, 1989 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 January 11, 1989 at Newport Beach, California.
City Clerk
January 9, 1989
CITY COUNCIL AGENDA
ITEM NO. F -13
JAN 9 1989
T0: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF AVON STREET STORM DRAIN IMPROVEMENT - CONTRACT NO. 2717
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the
Notice of Completion has been recorded in accordance with appli-
cable portions of the Civil Code.
DISCUSSION:
The contract for the construction of the Avon Street Storm Drain
Improvement has been completed to the satisfaction of the Public Works
Department.
• The bid price was $45,110.00
Amount of unite price items constructed 0.00
Amount of change orders 58,760.68
Total contract cost $58,760. 6
The project soils report indicated the existence of ground water in
the pipe zone. The contract included a provision for dewatering and, prior to
excavating, the contractor installed a number of wells. These reduced the water
in the trench to manageable proportions for approximately the first eighty feet
at which point fluid sand was encountered. Additional wells were installed, but
these too failed to adequately dewater the trench. The grade was adjusted and
the drain was redesigned from a single 42 -inch to two 24 -inch pipes. This
permitted the flow line to be raised to the upper portion of the fluid sand and
by overexcavating and placing crushed rock in the bottom of the trench the
remaining 260 feet of drain were constructed. The project was now entirely
different from that which had been bid. A Change Order was issued deleting all
the contract items and directing that the work be performed on a time and
material basis.
Funds for the project were budgeted in the General Fund, Account No.
02- 3497 -447.
• The Contractor is George Dakovich & Son, Inc., of Redondo Beach.
The work was completed on October 14, 1988.
Benjamin B. Nolan
Public Works Director
PD: so
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: September 12, 1988
SUBJECT: Contract No. C -2717
Description of Contract Avon Street Storm Drain Improvements
Effective date of Contract
12, 1988
Authorized by Minute Action, approved on August 22, 1988
Contract with George Dakovich & Son, Inc.
Address 422 Camino Del
Redondo Beach, CA 90277
Amount of Contract $45,110.00
" �-q 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
I/
n -
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 2:00 P.M, on the hday of August _ , 1988,
at which time Such bids shall be opened and read for
AVON STREET STORM DRAIN IMPROVEMENT
Title of Project
_ 2717
Contract No.
'Engineer's Estimate
\� P
Approved by the City Council
this 22nd day of August , 1988.
Wanda 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 Dick Hoffstadt at 644 -3311.
Project Manager
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability
for workers' compensation or to undertake self- insurance in accor-
dance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
Sc /'i 7 , ILP_
C
Date ignature
(i;x'C -e ��fy �lCf c �iJc
Contractor
Ll
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
0
AVON STREET STORM DRAIN IMPROVEMENT
CONTRACT
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Gentlemen:
PR 1.1
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to
furnish all materials and do all the work required to complete this Contract in accordance
with the Plans and Special Provisions, and will take in full payment therefor the following
unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Traffic Control
One thousand----------------- - - - - -- Dollars
and
No/ 100----------------------- - - - - -- -Cents $1,000.00
Per Lump Sum
2. 40 Install 18" Storm drain pipe
Lineal Feet (City will furnish pipe)
@ Sixty----------------------- - - - - -- Dollars
and
No/ 100-------------------- - - - - -- ---Cents $ 6n On $2.4nn Op
Per Lineal Foot
344 Install 42" storm drain pipe
Lineal Feet (City will furnish pipe)
@ Eighty ---------------------- - - - - -- Dollars
and
No/ 100---- ------------------ - - - - -- -Cents $ 80.00 $27.52o_nn
Per Lineal Foot
PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 326 Install 4" PVC perforated subdrain
Lineal Feet
@ Fifteen --- --- .----------------- Dollars
and
No/ 100--= -- - - -- -=--- --- . -__ - -- ,._Cents $15.,00 $4,840.0-0.
Per Lineal Foot
5. 2 Construct junction structure No. 1
Each per City of Newport Beach STD. 310 -L
@ Thirty -five hundred ---- - ------ -. .Dollars
and
No/ 100 ---------------- .----------- .- ,Cents $.3,.50-0.,00 $7 moon
Each
6. 2 Brick and mortar plub 18" pipe
Each
@ One hundred -----------------------
and
No/ 100------------- ------ --- - - - - -- -Cents $20.0 ..0.0.
Each $100,00
7. 1 Construct 18" CMP riser and dome inlet
Each
@ Five hundred - - - -- _ _ _ _ __ _______Dollars
and
No/ 100 --------------------------- _Cents $5.0-0,00 $ 500.00.
Each
8. 1 Connect 4" perforated subdrain to
Each existing junction strucure
@ Two hundred---------------- --- - -- -Dollars
and
No/ 100-------------------- -- ------- .Lents $200.00 $200-00
9. 2 Connect 4" perforated subdrain to
Each junction structure
Two hundred--------------- ------- -- Dollars
and
No /100------------- - - - - -- -----------Cents $200.00 $200.00
PR 1.3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. Lump Dewatering
Sum
2 One thousand-
No /100 ------
er Lump Sum
TOTAL PRICE WRITTEN IN WORDS
---------- - - - - -- Dollars
and
---------- - - - - -- -Cents
Forty -five thousand one hundred ten---------- - - - - -- -Dollars
and
No/ 100---------------------------------------- - - - - -- -Cents
August 25, 1988
to
(213) 325 -2417
Bidder's Telephone Number
$ 1,000.00 $ 11000.00
George Dakovich & Son Inc.
Bidder
$45,110.00
S /Vladimir Popovich, Vice President
Authorized Signature /Title
194375 A 422 Camino Del Campo Redondo Beach, CA 90277
Contractor's License No. & Classification Bidder's Address
• • Page 2
INSTRUCTIONS TO BIDDERS
The following contract documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
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
Contr's Lic. No. & Classification
August 25, 1988
ate
George Dakovich & Son, Inc.
Bidder
S /Vladimir Popovich, Vice President
Authorized Signature /Title
0
• Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Subcontract Work Subcontractor Address
1.
2.
3.
4.
5.
6 NONE
7.
8.
9.
10.
12.
George Dakoyi;ch. & Son, Inc, _
Bidder
S /Vladimir Po o ich Vice. resident
Authorized Signature Title
• • Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, George Dakovich & Son, Inc. as.bidder,
and The Ohio Casualty Insurance Company as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten percent of amount bid Dollars ($10% ),
lawful money of the United States for the payment of which sum well and truly to
be made, we bind ourselves, 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
Avon Street Storm Drain Improvements 2717
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver to said City the "Payment" and
"Faithful Performance" contract bonds described in the Specifications within ten
(10) days (not including Saturday, Sunday, and Federal holidays) from the date of
the mailing of contract documents for execution to the above bounden bidder by
and from said City, then this obligation shall become null and void; otherwise it
is and shall remain in full force and effect, and the amount specified herein
shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an individual,
it is agreed that the death of any such bidder shall not exonerate the Surety
from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 25th day
of August , 1988 .
(Attach acknowledgement of
Attorney -in -Fact)
S /Donna M. Smith
Notary Public
George Dakovich & Son, Inc.
dder
S /Vladimir Popovich, Vice President
Authorized Signature /Title
Commission Expires: 1/27/89 The Ohio Casualty Insurance Company
By Steven P. Edwards
Title Attorney in fact
r
NON- COLLUSION AFFIDAVIT
• Page 5
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, Inc.
Bidder
S /Vladimir Popovich, Vice President
Authorized Signature /Title
Subscribed and sworn to before me
this 24th day of August
1988 .
My commission expires:
February 4, 1990 Elizabeth.C, Rose
Notary Public
0 • Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed For Whom Performed (Detail) Person to Contact Telephone No.
Previous CNB contracts.
George Dakovich & Son, Inc.
Bidder
S /Vladimir Popovich, Vice President
Authorized Signature /Title
•
NOTICE
• Page 7
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 Rating GuidePE3 : Property - Casualty.
vi
Coverages shall be provided f6 all Yfi 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 S ecifications for Public Works Construction (latest edition
adopte for use in the City of Newport Beach), except as supplemented
or modified by the Special Provisions for this project.
• • Page 8
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
BOND NO. 2- 762 -883
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted
has awarded to George Dakovich & Son, Inc.
hereinafter designated as the "Principal ", a contract for
Avon Street Storm Drain Improvement #2717
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 =.he
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
FORTY FIVE THOUSAND ONE HUNDRED TEN AND NO /100— Dollars ($ 45,110.00 )>
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
s
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 30TH day of AUGUST , 19 8—•
GEORGE DAKOVICH & SON INC. (Seal)
Name of Contractor Principal
Authorized Signature and Title
THE OHIO CASUALTY INSURANCE (Seal)
Name of Surety COMPANY
P.O. BOX 5253. FRESNO. CA 9
Address of Surety
Signature and Title of Authorized Agent
STEVEN P. EDWARDS, ATTORNEY -IN -FACT
5260 N. Palm #400. Fresno. CA 93704
ddress of Agent
(209) 449 -1900
Telephone No. of Agent
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA �.
County of FRESNO
On this 30TH day of AUGUST , in the year._ 1988 , before me, a Notary Public in and for said
FRESNO _County, State of California, residing therein, duly commissioned and sworn, personally
appeared STEVEN P. E DWA R D S ?] personally known to me, ❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of THE OHIO CASUALTY I NSURANCE COMPANY
and acknowledged tome that [fhe ❑ she subscribed the name of THE OHIO CASUALTY INSURANCE COMPANY thereto as
surety, and his ❑ her own name as attorney in fact. /
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year s d in this certificate above.
1-FI A "EA
Notary Public
��_..�� NOi ^t F 1. J =1 EC' • My commission expires 1-27-89
FAESNJ OUNTf
RAy CoMmission Expirus Jar. 2,.
alao�a —r as �
C2_7_T1V COPY OF POWER OF AZT"
THE OHffiO CASUALTY INSUBAN COMPANY
HOYZ OMC3L HAh=`rQ t. OHIO
ISOs 21 -b:7
Tn= AU Atli hq lMrse 31"NerIi$ That THE OHIO CASUALTY INSURANCE COMPANY. in punuanu
of authority granted by Article VL Section 7 of the By -Laws of said Companyl does hereby aominata. constitute and appoiatt
Stsvea ?a Garda - - - - - - - - - - - - - - - - - - of Fresno, California - - - -
its true and lawful &pat and atteraey -in -Fact, to make. execute, .1 and deliver for and on its behalf as surety, and u
its act and dead any and all BONDS. UNDERTAKINGS. and RECOCVIZANCES, not extending in any single instanu
3 KUr cal - - - -- -- ----- I - - - --- (3 �ss 000tt7D - _)DeB&rs
excluding. owaver. any bond( or mdertaiciag(s) gnaranteeiaQ t • paymvat of arstes a rateiest ervon
And the execution of such bonds or undertakings in pursuance of them, presents, shall he as binding upon said Company.
as fully and amply, to All intents and purpors, as if they had been duly executed and acknowledged by the regularly
elected o&cera of the Company at its office, in Hamilton. Ohio, in their own proper persons.
The authority granted hereunder superaadee any previous authority heretofore granted the above named attomay(s) -in -fact
ist In WITNESS WHEREOF, the undersigned• o &car of t1w said The Ohio Casualty
p,Ul --•f!4
Insurance Company has hvzeuato subscribed his name and aStzad the Corporate Seal of the
said The Ohio Casualty Insurance Campany this day of 19
SEAL __ 24th HAT 35.
,� (Signed)
.a� ............ _.........ia.GL5141... °Aa.. '.}a,�.12i8>3.._..._._.._.....
STATE OF OHIO. t SS. Asst. Se¢rocaryy
COUNTY OF BUTLER f
On this 24cd day of may A. D. 19x5 before
the subscriber, a Notary Public of the State of Ohio..in and for the County of Butler, duly commissioned and qualified, came
t, of THE OHIO CASUALTY INSURANCE COMPANY. to me
T" 1.
y 7caawn1t —tou&i CW'aad of. iex ea rioea m. and who executed the preceding instrument, and he acknow-
ledged the execution of the same. and being by me duly sworn deposeth and with. that he is the officer of the Company
aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the aid instrument by the authority and direction of the
said Corporation.
ynoumtfte IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official
,4P ttlr Sul at the City of Hamilton. State of Ohio, the day and year first shove written.
s:• U/„ (Signed)
... _ ......
_._..
Notary Public in and for County of Butler. State of Ohio
an rwrt• M
rq y Commission expires •_~.�OCitaOC[���T7aS�
This power of attorney is granted under and by authority of Article VI. Section 7 of the By -Laws of the Company adopted by
its directors on April 2. 1954, extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney -in -Fact. etc. The chairman of the board, the president, any vice- president. the
secretary or any assistant secretary *hall be and is hereby vested with full power and authority to appoint attorneys -in -fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal. acknowledge
and deliver any and all bonds, recognizance& stipulations. undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual. firm. corporation. or the official representative thereof. or to any county
or state. or any official board or boards of county or state, or the United States of America, or to any other political subs
division. -
This instrument is signed and sealed by facsimile as authorizad by the following Resolution adopted by the directors of the
Company an May 27. 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by -laws to appoint
attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
Power of attorney and the seal of the Company may be arfized by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company an original signatures and ssal.
to be valid and binding upon the Company with the same force and effect as though manually affixed," - -
CERTIFICATE
L the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the 6y -laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and arm in full force and effect an this data.
IN WITNESS WHEREOF, I have hereunto set my hand and the se,l of the Company this 30TH day of AUG-� D•• 19$$
ai111�!Jps
y SEAL'
z/ Assistanr Secretary
3_4700.0 12 -110 -3M
• . Page 10
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
BOND NO. 2- 762 -883
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted August 22, 1988
has awarded to George Dakovich & Son, Inc.
hereinafter designated as the "Principal ", a contract for
Avon Street Storm Drain Improvement #2717
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We,
GEORGE DAKOVICH & SON. INC.
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY _
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
FORTY FIVE THOUSAND ONE HUNDRED TEN AND NO/100- Dollars ($4,
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
0
Faithful Performance Bond (Continued)
0 Page 11
of any such change, extension of time, alterations or additions to the terms of the
contract or to the work or to the specifications.
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from
its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 30TH day of AUGUST , 1988—
GEORGE DAKOVICH & ON INC. (Seal)
Name of Contractor Principal)
uthorized SignatuyW and Title
Authorized Signature and Title
THE OHIO CASUALTY INSURANCE (Seal)
Name of Surety COMPANY
P.O. BOX 5253, FRESNO. CA 93755
Address of
Surety
lJ
Signature and Title of Authorized Agent
STEVEN P. EDWARDS, ATTORNEY -IN -FACT
5260 N. Palm ff400, Fresno, CA 93704
Address of Agent
(209) 449 -1900
Telephone No. of Agent
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of - ------ ------ . .....
On this .____ 30TH _ _
._day of in the before me, a Notary Public in and for said
FRESNO ---County, State of California, residing therein, duly commissioned and sworn, personally
appeared—_ STEVEN P. EDWARDS —_ ?± personally known to me, El proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of_ THE__ OHIO CASUALTY INSURANCE COMPANY
and acknowledged tome that ffhe Fj she subscribed the name of - THE OHIO CASUALTY INSURANCE _.-CM12AMY-themt,tis
surety, and ff his ❑ her own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year Lsed in this certificate above
2
Notary Public
My commission ssion expires —f- 27- 8 9
fvty Cnwnlzslon fiVires Jan. y, 1980
CERTOM COPY OF POWER OF AT'&tNEY
TBE OHIO CASUALTY INSURANCE COMPANY
HOUR 0►ytt7L HAhMTgtf, 01i0
42a 2 ? -5:7
KIL W AU AM hV ij4rfu T"Or112B: That THE OHIO CASUALTY D43URANCE COMPANY. in puratance
of authority granted by Article VL Section 7 of the By -Laws of said Company, does hereby nominate. constitute and appoint,
Sta"a ?e sdfarda - - - - - - - - - - - - - - - - - - of lFreeao, Cstlforala - - - - -
its true and lawful agent and attorney -in -fact. to make, exacut., ..I and deliver for and on its behalf as surety, and as
its Zact and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZ4NCES. not exceeding in any siaele instance
SIX -- — ---- - � — — - — — (�d2? 0o0 JO — - )DaBara.
az u g owever. any bend(a) or undartakiag(a) guaranteeing t e payment of notes a mtdreat hereon
And the execution of such bends or undertakings in puraaaaee of these presents, shall be as binding upon mid Company.
as fully and amply, to all intea4 and purposes, as if they bad been duly executed and acknowledged by the regularly
elected officam of the Company at its office in Hamilton. Ohio. in their own proper parsons.
The authority granted hereunder supersede- any previous authority heretofore granted the above named attorney(.) -in -fact
ist In WITNESS WHEREOF, the undersigned, officer of the mid The Ohio Casualty
Insurance Company has hereunto snbsmbed his name and .&zed the Corporate Seal of the
.E said The Ohio Casualty Insurance Company this day of 19�
�a SEAL in 24 Eh Kee 35a
(Signed)
.. ....................... .....................
STATE OF OHIO, l Axate Secretary
COUNTY OF BUTLER f
On this 24th day of May A. D. 1933 baler*
the subscriber. a Notary Public of the State of Ohio, in and for the County of Butler. duly commissioned and qualified, came
of THE OHIO CASUALTY INSURANCE COMPANY. to me
persona y nown to t e utiitn ua a o car <s ri edia. and who executed the preceding instrument, and he eck new.
lodged the execution of the "me, and being by me duly sworn depoaeth and with. that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seel of mid Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the raid instrument by the authority and direction of the
said Corporation.
y,aasome IN TESTIMONY WHEREOF. I bare hereunto act my hand and affixed my Official
000wu tyN Seal at the City of Hamilton, State of Ohio, the day and year first above written.
e 01,
e $ (Signed)
........... „.. „...3il adm...„ ..... ...................._.........Notary Public in an for County of Butler. State of Ohio
7�q,
hen My Commission expires . „„.. ..... .....
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 Attomey -in -Fact etc. The chairman of the board. the president any vice- president. the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal. acknowledge
and deliver any and all bonds. reeognirances, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state. or any official beard or boards of county or state, or the United State. 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 a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
an behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal.
to be "lid and binding upon the Company with the came 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 V1 Section 7 of the 6y -laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this 30TH day of AUGP-D.. 1988
tt \lllsJl /��
r
a SEAL ° u
st i i iT.'F�
!! L Assistant Secretary
g-4700 -C 12 -80.9M
` ERTIFICATE OF INSURANCE • Page 12
CERTIFICATE HOLDER INSURANCE COMPANIES AFFORDING COVERAGES
City of Newport Beach
3300 Newport Boulevard Company A FIREMAN'S FUND INSURANCE COMPANY
Newport Beach, CA 92663 Company B
NAME AND ADDRESS OF INSURED Letter
Company C
George Dakovich & Son, Inc. Letter
422 Camino Del Campo Company D Letter
Redondo Beach, CA 90277 Company E Letter
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
-ANCELLATION: Should any of the above deg,, ribed policies be cancelled or coverage reduced
before t#ie expiration date thereof, the - Insurance Company affording coverage
shall p tde 30 days' advance notice to the City of Newport Beach by
registe d�oail.,attE tion: Public Works Department.
I Date :
rortzed Kepresen
ve
Agency
FRANK B. HALL & CO. OF CALIFORNIA
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:
Avon Street Storm Drain Improvement #2717
Project Title and Contract Number
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies, including attached endorsements.
01
Policy
LIMITS F LIABILITY IN THOUSANDS 000
COMPANY
TYPES OF INSURANCE
Policy
Exp.
9. ro uc s
LETTER
COVERAGE REQUIRED
No.
Date
Each Completed
Occurrence Operations
�q�_�� A� LIABILITY
A
MLI FortnNew OccurrE
rice
GENERAL AGGREGATE $3,000,
x Premises - Operations
MEX
6 -1 -89
PRODUCTS /COMP OPS
x Explosion & Collapse Hazard
B0293450
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
❑x Comprehensive Form
Bodily Injury
A
93450
6 1 -89
(Each Person)$
Owned
80
$
Bodily Injury
Each Occurrence
x Hired
❑
Proeerty ama e
Bodily injury and
❑x Non -owned
Property Damage
Combined
$ 2,000,
EXCESS LIABILITY
❑ Umbrella Form
Bodily Injury
❑ Other than Umbrella Form
and Property
Damage Combined
$
$
WORKERS' COMPENSATION
Statutory
and
ac
EMPLOYER'S LIABILITY
Accident)
VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
-ANCELLATION: Should any of the above deg,, ribed policies be cancelled or coverage reduced
before t#ie expiration date thereof, the - Insurance Company affording coverage
shall p tde 30 days' advance notice to the City of Newport Beach by
registe d�oail.,attE tion: Public Works Department.
I Date :
rortzed Kepresen
ve
Agency
FRANK B. HALL & CO. OF CALIFORNIA
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:
Avon Street Storm Drain Improvement #2717
Project Title and Contract Number
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies, including attached endorsements.
01
• • Page 13
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that,
With respect to °.uch 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
Property Damage Liability
(x ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ 2,000,000.
each occurrence
occurrence
each occurrence
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: _ Avon Street Storm Drain Improvement #
---- TProiect Title and Contract No. .
This endorsement is effective 8 -30 -88 at 12:01 A.M. and forms a part of
Policy No. MM80293450
e
Named Insured GEORGE DAKOVICH & SON, INC. En or ement No.
/ ? I
Name of Insurance Company FIREMAN'S FUND INSURANCE COBy_ _
Aut orized Represents
GT
It is agreed that:
2
0 0
CITY OF NEWPORT BEACH
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
Page 14
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.
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
Property Damage Liability
(x) Single Limit
$ each occurrence
$ each occurrence
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: Avon Street Storm Drain Improvement #2717
Project Title and Contract No.
This endorsement is effective 8 -30 -88 at 12:01 A.M. and forms a part of
Policy No. MXX80293450
Named Insured
rsement No.
Name of Insurance Company FIREMAN'S FUND INS. CO. BY �
Page 15
CONTRACT
THIS AGREEMENT, entered into this /day of , 190 ,
by and between the CITY OF NEWPORT BEACH, hereinafter "City, and
Geor a Dakovich & Son Inc. , hereinafter "Contractor, "is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
Avon Street Storm Drain
Title of P
2717
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:
Avon Street Storm Drain Improvement 2717
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
Forty -five thousand one hundred ten dollars and no /100----- - - - -(S 45.11— O.on 1.
This compensation includes Ti) 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)
E
• Page 16
(f) Plans and Special Provisions for
Avon Street Storm Drain Improvement #2717
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
ATTEST:
CIT
M
P. 6 1 \ I �6 �- a George
C -MyAi o Yvn ey Ngnyz� f
Contract or �Pnincipa.1)
ized S
Authorized Signature and Title
CITY
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
AVON STREET STORM DRAIN IMPROVEMENT
INFORMAL CONTRACT
SECTION
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . .
. . . . . 1
II.
TIME OF COMPLETION . . . . . . . . .
. . . . . 1
III.
PAYMENT . . . . . . . . . . . . . . .
. . . . . 1
IV.
"NO PARKING, TOW- AWAY" Signs . . . .
. . . . . 2
V.
WATER . . . . . . . . . . . . . . . .
. . . . . 2
VI.
STORM DRAIN . . . . . . . . . . . . .
. . . . . 2
VII.
DEWATERING . . . . . . . . . . . . .
. . . . . 2
0
CITY OF NEWPORT BEACH
PUBLIC. WORKS DEPARTMENT
SPECIAL PROVISIONS
9 SP 1 of 2
AVON STREET STORM DRAIN IMPROVEMENT
CONTRACT
SCOPE OF WORK
The work to be done under this contract consists of the construction of
storm drains, catch basins, junction structures and appurtenant structures
as shown on the plans. All work necessary for the completion of this
contract shall be done in accordance with (1) these Special Provisions, (2)
the Plans (Drawing No. R- 5582 -S), (3) the City's Standard Special Provisions
and Standard Drawings for Public Works Construction ( 988 Edition) and
the Standard Specifications for Public Works Construction (1985 Edition),
including supplements. Copies of the Standard Special Provisions and
Standard Drawings 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.
IT IS IMPARATIVE THAT NO DIRT OR DEBRIS GET INTO THE DRAINAGE DITCH LOCATED
ON THE NORTHERLY SIDE OF AVON STREET>
II. TIME OF COMPLETI
The Contractor shall complete all work by September 23, 1988. The
Contractor shall complete all work within seven (7) consecutive calendar
days following commencement of the specified work.
If will be the Contractor's responsibility to ensure the availabilty of all
materials prior to the start of work. Unavailability of materials will not
be sufficient reason to grant the Contractor an extension of time.
III. PAYMENT
The unit or lump sum price bid for each item of work shown on the Proposal
shall be considered as full compensation for all labor, equipment,
materials, and all other things necessary to complete the work in place,
and no additional allowance will be made therefor.
The substitution of securities for any payment withheld in accordance with
Section 9 -3.2 of the Standard Specifications is permitted pursuant to
Government Code Sections :4590 and 14402 -5.
0
IV. "NO PARKING, TOW- AWAY" SIGNS
• SP 2 of 2
The Contractor shall furnish, install, and maintain in place "NO PARKING,
TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he
shall post at least forty (40) hours in advance of the need for
enforcement. In addition, it shall be the Contractor's responsibility to
notify the City's Police Department, Traffic Division, at (714) 644 -3740,
for verification of posting at least 40 hours in advance of the need of
enforcement.
The signs shall (1) be made of white card stock; (2) have minimum
dimensions of 12 inches wide and 18 inches high; and (3) be similar in
design and color to sign number R -38 of the CalTrans Uniform Sign Chart.
The Contractor shall print the hours, days and date of closure in
2- inch -high letters and numbers. A sample of the completed sign shall be
approved by the Engineer prior to posting.
V. WATER
The Contractor shall make provisions for obtaining and applying water
necessary to perform his work. If the Contractor elects to use City water
free of charge, it shall be his responsiblity to make arrangements by
contracting the City's Utilities Department, Mr. Gil Gomez, at (714)
644 -3011.
VI. STORM DRAIN
a. The 42" and 18" storm drain pipe and cadilloc external pipe joints have
been purchased from Johnson Bateman by the City. Contractor shall
notify vendor to make arrangements for delivery to job site. Contact
Bill Johnsn of Johnson Bateman at (714) 980 -2293 to make arrangements
for delivery. Three (3) days notice is required for delivery. The
pipe will be available for delivery on or about September 6, 1988.
b. 4" PVC perforated subdrain pipe shall be per Plan No. R- 5582 -5.
c. Cadilloc external pipe joints per ASTM C822 -27 shall be provided at all
joints on the 42" and 18" diameter storm drain pipe. Cadilloc external
pipe joints shall be furnished by the City.
d. Manhole connections shall be watertight. The R.C.P. shall be cemented
grouted to existing manholes
VII. DEWATERING
Dewatering may be required for installation of the storm drain system.
• egust 22, 1988
CITY COUNCIL AGENDA
ITEM N0. F -2(e)
TO: CITY COUNCIL "' T ": "T.' C:: :`'-"
FROM: Public Works Department 1., ? -7/ 7
1 AUG 2 2 1988
SUBJECT: AVON STREET STORM DRAIN IMPROVEMENTS (0 L ,l'J
LOCATION: From 650 feet westerly of Riverside Avenue to 250 feet westerly of
Riverside Avenue.
RECOMMENDTION:
Adopt a resolution declaring an urgent necessity to let a
contract for the installation of storm drain improvements in Avon
Street without conforming to the Formal Bidding Process.
DISCUSSION:
The proposed Riverside Avenue diversion storm drain has been partially
completed from the bay through the John Dominis Restaurant site across Coast
Highway through Newport Jaguar to Avon Street. It still needs to be completed
in Avon and along a portion of Riverside Drive northerly of Avon Street. This
project has been provided for in the current budget and is scheduled for
construction late fall of this year.
Newport Jaguar has been required to pave Avon Street along their
frontage and across the Shokrian property frontage to join the existing paved
section adjacent to the shopping center surrounding the Post Office. This was
condition of approval for Resubdivision No. 840. They plan to pave Avon Street
in mid - September. Approximately 350 feet of storm drain pipe will need to be
installed under the new paving. It is estimated that it will cost $35,000 to
$40,000 to install this pipe without having to pave or repave the street. This
price would be icreased by about 30% if paving had to be removed and replaced.
It is recommended that the storm drain pipe be installed before the developer
paves Avon Street. Since the contract will exceed $30,000 an informal contract
cannot be used and a formal contract procedure takes too long to complete and
still have the pipe installed by mid- September. Section 1110 of the Charter
provides that the City Council may by resolution, adopted by 5 affirmative
votes, declare that an urgent necessity exists and allow a contract to be let
without conforming to the formal bidding procedure.
The Public Works Department feels that it is in the best public
interest to make this finding in order to save a substantial amount of money
($10,000 to $15,000). Bids will be solicited from at least three (3)
contractors and procedures similar to the informal bidding process used to
select the lowest responsible bidder. It is recommended that the City Manager
be authorized to approve and execute the contract.
An exhibit is attached that shows the section of storm drain pipe to
be installed.
Don Webb
City Engineer
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Attachment
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RIIIERSIOE APEAWE
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RESOLUTION NO. 88 -87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DECLARING AN URGENT NECESSITY TO CONSTRUCT A PORTION OF THE
AVON STREET STORM DRAIN WITHOUT CONFORMING TO THE FORMAL
BIDDING PROCESS
WHEREAS, a new storm drain to divert run -off from Riverside Avenue has
been constructed from the Bay through the John Dominis Restaurant across Coast
Highway and through the Newport Jaguar site; and
WHEREAS, Newport Jaguar is required to pave Avon Street between the
existing pavement and their new building and plan to accomplish this paving in
mid- September; and
WHEREAS, said storm drain must go below the new paving and is the
CITY's responsibility to install; and
WHEREAS, if CITY were to install the storm drain in Avon Street after
the new paving was in place it would substantially increase the cost of the
project; and
WHEREAS, Section 1110 of the City Charter requires Public Works
contracts in excess of $30,000 to go through a formal bid process of advertising
for bids and it is estimated that this project will exceed that amount; and
WHEREAS, Section 1110 also provides that by at least five affirmative
votes the City Council may deem that an urgent necessity exists and allow a
contract to be let without using the formal bid advertising process.
NOW, THEREFORE, BE IT RESOLVED that a situation of urgent necessity
exists concerning the installation of a portion of the Riverside Avenue
diversion storm drain in Avon Street, in that, Avon Street is scheduled to be
paved by Newport Jaguar in approximately one month and that if the storm drain
cannot be installed prior to the paving of Avon Street, it will cause the CITY
to incur substantial additional expense to install said storm drain.
1 of 2
I
SE IT FURTHER RESOLVED, that the Public Works Department be directed to
solicit bids from at least three contractors known to have successfully
completed projects of this kind and that the contract be awarded to the lowest
acceptable qualified bidder and that the City Manager be authorized to execute
said contract.
Adopted this 22nd day of August , 1988•
ATTEST:
2 of 2
September 7, 1988
T0:
(2) tIi�NAM!`R 9 Tt"CjV-�
(3) CITY CLERK vv
FROM: Public Works Department
SUBJECT: AVON STREET STORM DRAIN IMPROVEMENT (C -2717)
1. 4 copies of contract
ACTION REQUESTED:
1. Attorney
a. Approve as to form and sign
b. Forward to City Manager
2. City Manager
a. Sign attached form
b. Forward to City Clerk
3. City Clerk
a. Attest
b. Return to the Public Works Department
to Diane Wilkens
W
Diane Wilkens
Public Works Department
Attachments