HomeMy WebLinkAboutC-2926 - Corona del Mar & Balboa Peninsula Concrete ReplacementCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
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TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: February 5, 1993
SUBJECT: Contract No. C -2926
Description of Contract Corona del Mar and Balboa Peninsula
Concrete Replacement
Effective date of Contract February 5 1993
Authorized by Minute Action, approved on January 25 1993
Contract with J & B Kovac Engineering
Address 9272 Cloudhaven Drive
Huntington Beach CA 92646
Amount of Contract $76,770.00
"1� s
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
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BY THE CiT ' C�L,
CITY OF NEWPORT 6-b.-'.
APPROVED
E
January 25, 1993
CITY COUNCIL AGENDA
ITEM NO. 4
TO: Mayor and Members of the City Council
FROM: Public works Department
SUBJECT: CORONA DEL MAR AND BALBOA PENINSULA CONCRETE
REPLACEMENT (C -2926)
RECOMMENDATIONS:
1. Award Contract No. 2926 to J & B Kovac Engineering
J V for the total bid price of $76,770.00, and
authorize the Mayor and the City Clerk to execute
the contract.
2. Authorize Staff to increase the extent of work,
but not to exceed a $100,000.00 total contract
amount.
DISCUSSION:
At 11:00 A.M. on January 14, 1993 the
City Clerk opened
and
read the following bids for this project:
BIDDER
TOTAL BID PRICE
Low
J & B Kovac Engineering J V
$76,770.00
2.
The Bradick Companies, Inc.
81,575.00
3.
Lambaren Contractors Incorporated
82,803.00
4.
Civil Works Corp.
86,220.00
5.
Kennedy Pipeline
87.159.00
6.
Grigolla & Sons Construction Co. Inc.
87,440.00
7.
Los Angeles Engineering, Inc.
88,880.00
S.
Accurate Construction Incorporated
89,750.00
9.
A & Y Asphalt Contractors, Inc.
91,373.00
10.
Ranco Corporation
95,711.00*
11.
Bopark Enterprises, Inc.
98,928.80
12.
Nobest, Inc.
104,027.50
13.
Rick Hamm Construction, Inc.
105,087.00
L
Subject: Corona del Mar and Balboa Peninsula Concrete
Replacement (C -2926)
January 25, 1993
Page 2
14. Pinco Construction Co. 111,111.00
15. Damon Const. Co. 139,705.00
* Corrected total bid price is $95,655.10
The low total bid price is 23% below the Engineer's
estimate of $100,000. The low bidder, J & B Kovac Engineering JV
is a well - qualified general engineering contractor who has
successfully completed similar contracts for the City.
This project provides for the replacement of defective
Portland cement concrete improvements in Corona del Mar and on
Balboa Peninsula. Approximately 22,000 sq. ft. of sidewalk, 200
linear ft. of curb and 800 sq. ft. of alley approach concrete
will be replaced; 700 sq. ft. of parkway paving will be removed;
and 33 curb access ramps will be installed.
Funds to award this contract are proposed from the
General Service Department's Sidewalk, Curb and Gutter
Replacement Program appropriation, Account No. 7013 - 98313003.
An award amount of $100,000.00 was anticipated for the
project; however, because of the favorable bid response,
additional quantities of concrete replacement may be desired by
City Council. If authorized, Staff will increase the extent of
work, but not to exceed a $100,000.00 total contract amount.
The replacement schedule and specifications for the
project were prepared by General Services and Public Works
Department staffs. All work is to be completed by April 30,
1993.
Benjamin B.
Public Work:
LD:so
Nolan
Director
.
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NOTICE INVITING BIDS
CITY CLERK
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768
until 11:00 A.M. on the 14th day of January , 1993,
at whit t� ime sucFi bids shall be opened and read for
CORONA DEL MAR AND BALBOA PENINSULA CONCRETE REPLACEMENT
Title of Project
29'26
Contract No.
$100,000
Engineer's Estimate
� 1� �'�' I "'ill.'
)41100,
Rpproved by the City Council
this 14 day of DPcPmhPr. 1992.
i
Wanda E. RaggiV
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 92659 -1768.
For further information, call Lloyd Dalton at 644 -3311.
Project Manager
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PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
CORONA DEL MAR AND BALBOA PENINSULA CONCRETE REPLACEMENT
CONTRACT NO. 2926
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the
locations of the work, read the Instructions to Bidders, and
examined these Special Provisions; that he hereby proposes to
furnish all materials and do all work required to complete
Contract No. 2926 in accordance with these Special Provisions; and
that he will take in full payment therefor the following unit
prices for the completed items of work, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND IINIT TOTAL
NO. AND IINIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ Three Thousand Dollars
and
No Cents $ 3,000.00
Per Lump Sum
2. 800 Remove and reconstruct P.C.C.
Sq. Ft. alley approach per schedule
Four
No
Per Square Foot
Dollars
and
Cents $ 4.00 $ 3,200.00
3. 22,500 Remove and reconstruct P.C.C.
Sq. Ft. sidewalk per schedule
@ Two dollars Dollars
and
Forty Cents $
Per Square Foot
2.40 $ 54,000.00
• • PR 1.2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 60 Remove and reconstruct P.C.C.
Lin. Ft. curb and gutter per schedule
@_FightPpn Dollars
and
No Cents $ 18.00 $ 1,080.00
Per Lineal Foot
5. 150
Remove and reconstruct P.C.C.
Sq. Ft.
curb per schedule
@ Sixteen dollar Dollars
and
No Cents
$ 16.00
$ 2,400.00
Per Square Foot
6. 2,200
Remove and curb and sidewalk
Sq. Ft.
and construct P.C.C. access
ramp per schedule
@ Five dollars Dollars
and
Fifty cents Cents
$ 5.50
$12,100.00
Per Square Foot
7. 660
Remove parkway paving and fill,
level
Sq. Ft.
and compact backfill per schedule
@ One Dollars
and
Fifty cents Cents
$ 1.50
g 990.00
Per Square Foot
Seventy Six Thousand and Seven Hundred Dollars
and
No Cents $ 76,770.00
TOTAL BID PRICE (WORDS) TOTAL BID PRICE
(FIGURES)
1 -7 -93 J & B Kovac Engineering
Date Bidder
(714) 964 -4856 Branimir Kovac, Owner
Bidder's Telephone No. Authorized Signature /Title
597141 "A" 9272 Cloudhaven Drive, Huntington Beach, CA 92646
Bidder's License Bidder's Address
No. & Classification
0 0
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
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 documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
BIDDER'S BOND shall be issued by an insurance organization or
surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2)
listed as an acceptable surety in the latest revision of the
Federal Register Circular 570.
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 responsible for bidder errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or
all bids and to waive any minor irregularity or informality in such
bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure
performance under the contract. The securities shall be deposited
in a state or federal chartered bank in California, as the escrow
agent.
5/91
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Page 2A
In accordance with the California Labor Code (Sections 1770 et
seg.) , 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 insuring compliance
with provisions of Section 1777.5 of the Labor Code Apprenticeship
requirements and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
All documents shall bear
authorized to sign on behalf of
signatures shall be of a co
authorized by the corporation.
shall be of a general partner.
shall be of the owner.
signatures and titles of persons
the bidder. For corporations, the
- porate officer or an individual
For partnerships, the signatures
For sole ownership, the signature
597141 "A"
Contractor's License No. & Classification
J & B Kovac Engineering
1 -7 -93
Date Authorized Signature /Title
Branimir Kovac, Owner
5/91
L
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Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
a.
9.
10.
11.
12.
i Kovar. Fnginee-ring
Bidder
5191
Authorized Signature /Title
Branimir Kovac, Owner
INSURANCE COMPANY OF THE WEST
P. O. BOX 85563 - SAN DIEGO, CALIFORNIA 92138 -5563
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, J & B Kovac Engineering, A Joint Venture
9272 Cloudhaven Dr.
Huntington Beach, Ca. 92646
(hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under
and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety
upon bonds or undertakings required or authorized by the laws of the State of California
as Surety, are held and firmly bound unto the City of Newport Beach (hereinafter called the obligee)
in the just and full sum of Ten Per Cent of Total Attnunt Bid— - --
Dollars (S- - 10 % - - - -) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in
and submit to the obligee a bid or proposal dated 1/14/93 for Corona del Mar and Balboa Penninsula
Concrete Replacertent
Project #2926
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the
principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as
required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 5th
day of January 119 93
J & B Kovac Engineering, A Joint Venture
M
INSURANCE COMPANY / PTHE
By ( N It
INSURACE COMPANY OF T* WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego, California, does hereby nominate, constitute and appoint:
C. MICHAEL HENLEY
its true and lawful Attorney (s) with full power and authority hereby conferred in
its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,
undertakings, recognizonces or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973,
which said Resolution has not been amended or rescinded and of which the following is a
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in-
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto affixed and these presents to be signed by its duly authorized officers this
11th day of July, 1989.
�tpv.vAaro�
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STATE OF CALIFORNIA 55. �,(lfpPMl�
COUNTY OF SAN DIEGO
INSURANCE COMPANY OF THE WEST
On this 11th day of July, 1969 before the subscriber, a Notary Public of the State
i
of California, n and for the County of San Diego, duly commissioned and qualified, came
BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
of San Diego, _the day and year first above written.
C'4C•AL UAI
JANIS E. THEODORE
.:�.:•". hO'kiy "IRIC CAOFI)ANIA
i% :.......: PP.:N: 7AL (YFICE IN
�� $AN D'c GO COIN iv
ur Calm -11 a EL7 tune 1 1990
STATE OF C}A'i'iF'ORt•FI'A'� SJbi.^.9H,bSVeV
COUNTY OF SAN DIEGO
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
ar'd correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this jtl', day of January 19 93
n�111A,1, % / // � �� Vim/ Secretary
ZCW CAL 37(REV. 5/87)
i State of California
County of Los ATxJeles
On Jan. 5, 1993 before me, Vicki L. Breunig
DATE NAME TITLE OF OFFICER. EGG. *JME DOE NOTARY PUBLIC
personally appeared C. Michael Henley
NAME(ST OF SIGNER($)
❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence
to be the person(t) whose name(E9 is/#W
subscribed to the within instrument and ac-
knowledged to me that he/MNVDW executed
the same in his /H" authorized
OFFICIAL SEAL capacity(IW, and that by his/ C
VICKI L. BREUNIG signature(j) on the instrument the person(e),
NOTARYPUGLIC CALIFORNIA ortheentityuponbehalfofwhichtheperson (9j
S; PRINCIPAL rWFIU �N acted, executed the instrument.
� LOS ANGELES COUNTY
My Commisslon Ex P. Mar Z4. 199E Witness my hand and official seal.
Vicki L.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S)
Q CORPORATE
OFFICER(S)
TITLES)
PARTNER(S)
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
rl GUARDIAMCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENT(TYPES)
Tnst,rance Crarmany of the
ielr,ct
ATTENTION NOTARY: ABhough the information requested below is OPTIONAL. it Could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document Bid Bond to City of Newport Beach
MUST BE ATTACHED Number of Pages One (1) Date of Document 1/5/93
TO THE DOCUMENT N/A
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
S 1991 NATIONAL NOTARY ASSOCIATION - B236 RemmN Aw. • 1 .O. BoG T16A • CinWa PaM1.OA 9t3W''/
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
1�1
Page 4
That we, as
bidder, and as
Surety, are held and firmly bound unto the City of Newport Beach,
California, in the sum of Dollars
($ ),lawful money of the United States for the payment
of which sum well and truly to be made, we bind ourselves, jointly
and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the
construction of
(Title of Project and 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) after the date of the mailing Notice
of Award to the above bounden bidder by and from said City, then
this obligation shall become null and void; otherwise it 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 obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
day of , 19_
Bidder (Attach Acknowledgment
Of Attorney -In -Fact)
Notary Public
Commission Expires:
5/91
Authorized Signature /Title
Branimir Kovac, Owner
SURETY
zz
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Page 5
NON - COLLUSION AFFIDAVIT
State of California )
ss.
County of QiY7 e )
�Od� r9C/�ty being first duly sworn, deposes and
says that he or she is ice! /ylph of a7 /3 Ar"inP � i'
the party making the foregoing bid; that the bid is not made in the el
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, south by
agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract; that
all statements contained in the bid are true; and, further, that
the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true
and correct.
Bidder Authotized Signature /Title
Subscribed and sworn to before me this day of924&dA4KI
19ot 3.
Notary Publ" L /
My Commission Expires: b
5191
[SEAL]
E. SQUIRE
COMM. f 972818
Z
Q Notary Public — California
Z ORANGE COUNTY
My Comm. Expires SEP 7, 1996
• •
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 For Whom Person Telephone
Completed Performed (Detail) To Contact Number
J & B Kovac Engineering
Bidder
5/91
Authorized Signature /Title
Branimir Kovac, Owner
a s
Page 7
NOTICE TO SUCCESSFUL BIDDER
The following contract documents shall be executed and
delivered to the Engineer within ten (10) days (not including
Saturday, Sunday and Federal holidays) after the date of mailing
Notice of Award to the successful bidder:
PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13)
CONTRACT (Page 14)
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.
Payment and faithful performance bonds shall be issued by an
insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the
State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Insurance companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner to transact business of
insurance in the State of 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 Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
Works Construction, except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be
executed and delivered to the Engineer along with a Certificate Of
Insurance for workers' compensation prior to City's execution of
the Contract.
5/91
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Page 13
WORKERS' COMPENSATION INSURANCE CERTIFICATION
"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 accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
1/25/93
Date
C -2926
Contract Number
5/91
J & B Kovac Engineering
Name of Contractor (Principal)
942��
Authorized Signature and Title
Branimir Kovac, Owner
Corona del Mar and Balboa Peninsula Concrete Replacement
Title of Project
C -2926
0
0
Page 14
CONTRACT
THIS AGREEMENT, entered into this day of�6 �G ,
19�, , by and between the CITY OF NEWPORT BEACH, hereinafter "C y,"
and J & B Kovac Engineering ' hereinafter
"Contractor," is made with reference to the following facts:
A. City has heretofore advertised for bids for the following
described public work:
Corona del Mar and Balboa Peninsula
Concrete Replacement C -2926
Title of Project Contract No.
B. Contractor has determined by City to be the lowest
responsible 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:
Corona del Mar and Balboa Peninsula
Concrete Replacement C -2926
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.
As full compensation for the performance and completion
of this work as prescribed above, City shall pay to
Contractor the sum of Seventy Six Thousand Seven Hundred Seventy
Dollars ($ 76,770.0 ). This compensation & 00 /100
includes:
(a) Any loss or damage arising from the nature of the
work,
(b) Any loss or damage arising from any unforeseen
difficulties or obstructions in the performance of
the work,
(c) 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.
5/91
Page 14A
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) Instructions to Bidders and documents referenced
therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
(f) Plans and Special Provisions forCorona del Mar and Balboa
Peninsula Concrete Replacement -
Title of Project Contract No.
(g) This Contract
(h) Standard Specifications of Public Works
Construction (current Edition) and all supplements
4. Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss or
damage, injury and liability of every kind, nature and
description by reason of or arising out of the negligent
or willful conduct of the Contractor, his /her employees,
agents and subcontractors in the performance of the
Project, except such loss or damage caused solely by the
active 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 written above.
ATTEST:
5/91
CITY OF NEWPORT BEACH
J & B Kovac Engineering
Name of Contractor
Authorized Signature and Title
Branimir Kovac, Owner
0
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CORONA DEL MAR AND BALBOA PENINSULA CONCRETE REPLACEMENT
CONTRACT NO. 2926
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . .
. . 1
II.
COMPLETION, SCHEDULE AND PROSECUTION OF WORK . .
. . 1
III.
CONTRACTOR'S LICENSES . . . . . . . . . . . . . .
. . 1
IV.
PAYMENT . . . . . . . . . . . . . . . . . . . . .
. . 2
V.
WATER . . . . . . . . . . . . . . . . . . . . . .
. . 2
VI.
"NO PARKING, TOW -AWAY' SIGNS . . . . . . . . . .
. . 2
VII.
NOTIFICATION TO RESIDENTS . . . . . . . . . . .
. . 3
VIII.
CONSTRUCTION MARKINGS . . . . . . . . . . . . . .
. . 3
IX.
CONSTRUCTION DETAILS . . . . . . . . . . . . . .
. . 3
A. Removals . . . . . . . . . . . . . . . . . .
. . 3
B. P.C.C. Replacements . . . . . . . . . . . . .
. . 3
•
0 SP 1 of 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CORONA DEL MAR AND BALBOA PENINSULA CONCRETE REPLACEMENT
CONTRACT NO. 2926
I. SCOPE OF WORK
The work to be done under this contract consists of (1)
removing PCC improvements; (2) removing severed street
roots; (3) backfilling or reconstructing P.C.C.
improvements; (4) performing other incidental items of
work as necessary to complete the work in place.
All work necessary for the completion of this contract
shall be done in accordance with (1) these Special
Provisions; (2) the attached P.C.C. Removal and
Replacement schedule; (3) the City's Standard Special
Provisions and Standard Drawings for Public Works
Construction, (1991 Edition); and (4) the Standard
Specifications for Public Works Construction, (1991
Edition, including Supplements). Copies of the Standard
Special Provisions and Standard Drawings may be purchased
at the Public Works Department for Five Dollars ($10.00).
Copies of the Standard Specifications may be purchased
from Building News, Inc., 3055 Overland Avenue, Los
Angeles, California 90034, telephone (213) 202 -7775.
II. COMPLETION SCHEDULE AND PROSECUTION OF WORK
No work shall begin until a schedule of work has been
approved by the Engineer. The Contractor shall submit a
construction schedule to the Engineer for approval a
minimum of five (5) working days prior to commencing any
work. The following requirements shall be incorporated
into the schedule:
A. All work under this contact shall be completed
before April 30, 1993 or within fifty -four (54)
consecutive calendar days after the start of work,
whichever occurs first.
B. Hours of Work: 7:00 A.M. - 6:30 P.M. weekdays.
No work will be permitted on Saturdays,Sundays,
and holidays which disturbs, or could disturb, a
person of normal sensitivity who works or resides
in the vicinity.
III. CONTRACTOR'S LICENSES
At the time of award the Contractor shall possess a
General Engineering Contractor A license or Specialty
Concrete Contractor C -8 license.
• • SP 2 of 4
At the start of work and until completion, the Contractor
shall possess a business license issued by the City of
Newport Beach.
IV. PAYMENT
The unit or lump sum price bid for each item of work
shown on the proposal shall be considered as full
compensation for labor, equipment, materials and all
other things necessary to complete the work in place, and
no additional allowance will be made therefor.
Payment for incidental items of work not separately
provided for in the proposal (e.g., excavation, removal,
sawcutting, protecting property corners, preparing
subgrade, etc.) shall be included in the unit prices bid
for items of work.
Partial payments for mobilization shall be made in
accordance with Section 10264 of the California Public
Contract Code.
V. WATER
If the Contractor elects to use the 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.
VI. "NO PARKING TOW- AWAY" Signs
Where work necessitates temporary prohibition of parking
during construction, the Contractor shall furnish,
install, and maintain in place "NO PARKING, TOW - AWAY"
signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty (40) hours in advance
of the need for enforcement. In addition, it shall be
the Contractor's responsibility to notify the City's
Police Department, Traffic Division, at (714) 644 -3740,
for verification of posting at least 40 hours in advance
of the need of enforcement.
The signs shall (1) be made of white card stock; (2) have
minimum dimensions of 12 inches wide and 18 inches high;
and (3) be similar in design and color to Sign No. 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. The Contractor shall only post streets
with the time and dates that disrupts parking and access.
Errors in posting "NO PARKING, TOW - AWAY" signs, false
starts, acts of God, strikes, or other alterations of the
schedule will require that the Contractor re -post the "NO
PARKING, TOW - AWAY" signs.
SP 3 of 4
VII. NOTIFICATION TO RESIDENTS
Between 48 and 55 hours before closing an alley or
driveway, the Contractor shall distribute to each
affected address a written notice stating when
construction operations will start and approximately when
vehicular accessibility will be restored. The written
notices will be prepared by the Engineer. The Contractor
shall insert the applicable dates and times at the time
he distributes the notices. Errors in distribution of
notices, false starts, acts of God, strikes or other
alterations of the schedule will require that the
Contractor redistribute notices to residents.
VIII. CONSTRUCTION MARKINGS
Limits of removal are field- identified by white and
orange paint markings. Existing property corners and
survey ties adjacent to removals shall be protected and
maintained. In situations where property corners or
survey ties interfere with the work, the Contractor shall
notify the Engineer a minimum of two (2) working days
prior to removal so that the Engineer can survey and
reset property corners and survey ties.
IX. CONSTRUCTION DETAILS
A. Removals
1. Existing P.C.C. and A.C. improvements shall be
sawcut a minimum of two (2) inches deep prior
to removal. P.C.C. replacement and parkway
paving removal quantities and locations are
indicated in the attached schedule. Final
removal at the sawcut lines using equipment
such as hard -blow pavement breakers and /or
stompers shall be approved by the Engineer.
Should the Contractor damage the sawcut edge
during or after removal, the damaged edge
shall be removed by additional sawcutting and
replaced at the Contractor's sole expense.
Pavement and unsalvageable materials that are
removed shall become the property of the
Contractor and shall be disposed of at the
Contractor's expense in a manner and at a
location acceptable to cognizant agencies.
All costs for providing removal and disposal
shall be included in the unit price bid for
that item of work.
2. Adjacent Improvements - The Contractor shall
be responsible for the protection of public
and private improvements adjacent to the work.
The Contractor shall use appropriate
construction methods and equipment to assure
the protection of landscape, driveways and
•
• SP 4 of 4
parkway improvements immediately adjacent to
his work. If damage occurs to said landscape,
driveways or parkway improvements, the
Contractor shall be responsible for restoring
same to their condition prior to construction.
The Contractor may anticipate a certain amount
of parkway sprinkler pipe breakage associated
with sidewalk replacement. The Contractor
shall repair said breakage and flush the
sprinkler system to clear debris from the
system as an incidental item of work.
3. The Contractor shall remove (without
replacing) parkway paving listed in the
schedule. Salvageable brick shall be neatly
stacked on the adjoining private property.
The Contractor shall provide clean imported or
native excess soil and backfill, level and
compact the removal areas to within 1 inch of
the adjoining concrete surfaces.
4. The Contractor shall replace unstable subgrade
material with clean imported or native excess
soil. Since the locations and depths of
unstable subgrade material are unknown, the
areas and depths shall be determined by the
Engineer during construction .
5. The Contractor shall remove tree roots which
lay within 6 inches of final subgrade surface.
Said roots shall be severed by City forces
prior to removal. Accordingly, the Contractor
shall notify Bob Bailey, Tree Maintenance
Supervisor, telephone 644 -3162, 2 work days in
advance of sidewalk reconstruction so that
City forces may accomplish their work without
undue delay to the Contractor.
B. P.C.C. Replacements
The Contractor shall grade, form, and finish all
P.C.C. replacements to match the appearance of the
adjoining P.C.C. improvements. In addition, the
Contractor shall remove and dispose of all A.C.
patches and ramps upon sidewalk panels adjoining
those sidewalk panels which are to be
reconstructed.
1. Sidewalk and curb access ramps shall be opened
to pedestrian use on the day following
concrete placement.
2. P.C.C. replacements subject to vehicle loads
(e.g., cross gutters and curb and gutter along
driveways) shall not opened to vehicle loads
until the concrete has cured to minimum
strength of 2,000 psi.
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EXEX:UTED IN FOUR (4) COUNTERPARTS
Page 9
FAITHFUL PERFORMANCE BOND Bond #123 -78 -30
Premium: $1,152.00
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted Jain wry 25. 1993 has awarded
to J & B Kovac Engineering, A Joint venture hereinafter
designated as the "Principal ", a contract for Corona del Mar Balboa
Panincula Cnnrr,atP RPrlacemPnt (Contract No. C_292 6)in
the City of Newport Beach, in strict conformity with the Contract,
Drawings and Specifications and other contract documents in the
office of the City Clerk of the City of Newport Beach, all of which
are incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute
Contract No. C_2g26 and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, J & B Kovac Engineering, A Joint y n it
as Principal, and
as Surety, are held firmly bound unto t g Ci of N ort Beach, in
the sum of Seventy -Six Thousand, Seven Hundred even 1 5-6,770.00 - -i,
said sum being equal to 100% of the estimated amount of the
contract, to be paid to the City or its certain attorney, its
successors, and assigns; for which payment well and truly 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, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and
agreements in the Contract and any alteration thereof made as
therein provided on its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according
to its true intent and meaning, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this Performance Bond, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is
required by bringing any action in law or equity to enforce the
obligations of this Bond.
Surety, for value received, 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
5/91
0
P
Page 9A
obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions of the
contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and
maintained by the Principal in full force and effect for six (6)
months following the date of formal acceptance of the Project by
the City.
In the event that the principal 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 28t-, day of
January , 19 93.
J & B
1F'I�v�
Name of CKo ontrac or (Principal) Authorized Signature /1
Branimir K ac, *ner
Insurance Company of the West 13 -i_.Lt Ci
Name of Surety Authhdri ed Agent Signature, .
1111 East Katella Ave. 4250 C. Michael Henley, Attorney- in -Fac
Orange Ca 92667 (818) 226 -6900
Address of Surety Telephone
(714) 633 -9640
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
California State of • CLAIMED BY SIGNER
County of Los Angeles ■ INDIVIDUAL(S
On Jan. 28, 1993 before me, Vicki L. Breunig
DATE NAME TRLE OF OFKER. EG.'UNE DOE NOTARY PUBLIC
personally appeared C. Michael Henley
NAMEfS) OF SIGNMSI
❑ personally known to me - OR - El proved to me on the basis of satisfactory evidence
to be the persorrjl whose namek%) is/aW
subscribed to the within instrument and ac-
.,.. ti knowledged to me that heJiexecuted
A the same CK!r i .I'" capac ty}n and that by hauthorized AWAPW
signature on the instrument the rson
us AN.:ec =s ouNry orthe entity upon behalf of which the person�)
:v ' / MY GOfnn114On rxp. Ma, 24. 1994 acted, executed the instrument.
Witness my hand and official seal.
g %Ei NOTARY .�
Vicki L. BreL1nT SIGNATURE OF NOTARY
❑ CORPORATE
OFFICER(S) -
TITLE(s)
PARTNER(S)
)G AITTORNEY -IN -FACT
l3 TRUSTEE(S)
❑ SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PEfD6BIL) OR ENTtTOM 1
Insurance Corr>pany of the
West
ATTENTION NOTARY: Althou h the infonnanon r
g equestetl below Is OPTIONAL. it mua prevent trauo'Vent attacnmenf of this cemHOate to unaumonzetl tlocumenf. (KOVaC)
THIS CERTIFICATE Title or Type of Document Performance Bond #123 -78 -30 to Newport Beach
MUST TOTHBDOCUM NT Number of Pages TI;No (2) Date of Document 1/28/93
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above N/A
C 1991 NATIONAL NOTARY ASSOCIATION- 9278 Re unet Ave. -P.O. Box 7I8A -C rQga Puk. CA 91304-719=
INSUR ,WCE COMPANY OF T#E WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, o Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego, California, does hereby nominate, constitute and appoint:
C. MICHAEL HENLEY
it*-traesand lawful -Attorney(*) -in -Fact, with full power and authority hereby conferred in
its- anaer;�:place and stead, to execute, seal, acknowledge and deliver any and all bonds,
undertokings,-*ecognimnces or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973,
which said Resolution has not been amended or rescinded and of which the following is a
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in-
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto affixed and these presents to be signed by its duly authorized officers this
11th day of July, 1989.
OC) STATE OF CALIFORNIA u.
COUNTY OF SAN DIEGO
INSURANCE COMPANY OF THE WEST
On this 11th day, of july, 1989 before the subscriber, a Notary Public of the State
of California, in and for the County of San Diego, duly commissioned and qualified, came
BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
of San Diego, the day and year first above written.
STATE OF CAf1'F15R4fA'
COUNTY OF SAN DIEGO
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this 23th day of January 19 93
'``pMPAryf p
VV• atx'1
_ secretary
ICW CAL 37(REV. 5/87)
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CP"C'AL TEAL
}!r'`'" ;•:1
JANIS E. THEODORE
i- 1.-_..; ... 5)
gJla9r 7U °i1C CAUFpdBU
IN
SAN
SAn o cGo cOUnrr
Mr Commnwa Ev, I... 4 199a
STATE OF CAf1'F15R4fA'
COUNTY OF SAN DIEGO
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this 23th day of January 19 93
'``pMPAryf p
VV• atx'1
_ secretary
ICW CAL 37(REV. 5/87)
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Wr= IN FOUR (4) COUNTERPARTS*
PAYMENT BOND Bond #123 -78 -30
Premium included in the
Performance Bond
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted January 25, 1993 has awarded
to J & B Kovac Engineering hereinafter
designated as the "Principal", a contract for Corona del Mar Balboa
Peninsula Concrete Realacement (Contract No.0 -2926 ) in
the City of Newport Beach, in strict conformity with the Drawings
and Specifications and other contract documents in the office of
the City Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. C -2926 and the terms thereof require the furnishing
of a bond, pro d niiv g that if Principal or any of Principal's
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, J & B Kovac Engineering, A Joint Venture
as Principal, and Tnsnranre Cca pany of the West
as Surety, are held firmly bound unto th-e/ tag t Beach, in
the sum of Seventy -Six Thousand, Seven Hundred o a s ( 6,770.00- - - - - ,
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 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 /her 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 Unemployment Insurance Code with respect to such work or labor,
'or for any amounts required to be deducted, withheld and paid over
to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work
and 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.
5/91
9 0
Page 8A
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 to them or
their assigns in any suit brought upon this bond, as required by
and in accordance with 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 above named Principal and Surety, on the 28th day of
January , 1993.
J & B Kovac Engineerii
Name of Contractor (P g rncipal)
Insurance Company of the West
Name of Surety
1111 East Katella Ave. #250
Orange, Ca. 92667
(714) 633 -9640
Address of Surety
R; W
5/91
Authorized Signature /Title
Branimir Kovac. Owner
i
(818) 226 -6900
Telephone
OF CONTRACTOR AND SURETY MUST BE ATTACHED
State of California
County of Los Angeles
On Jan. 28, 1993 before me, Vicki L. Breunig
DATE NAME, TM_E OF OFFICER. EG..'JANE DOE, NOTARY PGSUC'
personally appeared C. Michael Henley
NAME(S1 OF SIGNER(S)
❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence
to be the person(iq whose nameN6 is /a%
subscribed to the within instrument and ac-
- „ knowledged to me that heezecuted
the same in his /tom authorized
,, ”, -,., n:;, capacity, and that by hisiAXFtdft
4t)._
signature(4on the instrument the person(W,
Ma; X te9» orthe entity upon behalf ofwhich the person(%
acted, executed the instrument.
Witness my hand and official seal.
i
Vicki L.
CAPACITY CLAIMED BY SIGNER
❑ INOIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TTL.EIS)
❑ PARTNER(S)
XM ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
(] GUARDIANICONSERVATOR
C) OTHER:
SIGNER IS REPRESENTING:
NAME OFY ) OR ENTiTY(IIF X
Insurance company of
the west
ATTENnON NOTARY: Although the Intonnation requested below is OPTIONAL. it could prevent frauKutent attachment of this certificate to unauthonzed doeument.(N
THIS CERTIFICATE Title or Type of Document Payment Bond #123 -78 -30 to Newport Beach
TO MUST
THE DOCUMENT Number of Pages Two (2) Date of Document 1/28/93
TO THE DOCUMENT g
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above N/A
INSURVCE COMPANY OF TV WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego, California, does hereby nominate, constitute and appoint:
C. MICHAEL HED=
its -trueand lawful .Attorney(s) -in -Fact, with full power and authority hereby conferred in
its-=KNW...:ploee :and stead, to execute, seal, acknowledge and deliver any and all bonds,
undertokings,_recognizanees or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973,
which said Resolution has not been amended or rescinded and of which the following is a
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in-
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto affixed and these presents to be signed by its duly authorized officers this
llth day of July, 1989.
t�pMVµ��
e
� o �
H
4�Ip, 1, 1�� �
STATE OF CALIFORNIA 55: n4nppM��
COUNTY OF SAN DIEGO
INSURANCE COMPANY OF THE WEST
On this 11th day of july, 1989 before the subscriber, a Notary Public of the State
i
of California, n and for the County of San Diego, duly commissioned and qualified, came
BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
of Son Diago,_the day and year first above written.
STATE OF CALiFOR11FI'A
COUNTY OF SAN DIEGO
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this 38th day of January 19 93
gp1'1F10A911
e
�
ICW CAL 37(REV. 5/87) eeretary
CMC!AL SEAL
JANIS E. THEODORE
OFFICE IN
N
SA DiE
SAH sG O CDL'NiY
_
Nr 10MMIS 0i bl tune A 199
STATE OF CALiFOR11FI'A
COUNTY OF SAN DIEGO
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this 38th day of January 19 93
gp1'1F10A911
e
�
ICW CAL 37(REV. 5/87) eeretary
300TH AND SIMPSON INS
?.0. BOX 8006
:ANOGA PARK CA 91309 -8006
TE OF
BuuEn
J & B KOVAC ENGINEERING
9272 CLOUDHAVEN
HUNTINGTON BEACH, CALIFORNIA 92646
SHH 00237 ISSUE DATE (MMIDD/W)
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
A TRANSCONTINENTAL INSURANCE COMPANY
COMPANY B
LETTER TRANSPORTATION INSURANCE COMPANY
COMPANY C
LETTER AMERICAN CASUALTY
COMPANY D
LETTER
COMPANY E
LETTER
TR
TYPE OF INSURANCE
POLICY
PouCYNUMBEA
EFFECTIVE
TE PAMAX7/YV)
roLlc'T lJfPIRATTON
0117E (MM/W/VYj
LIYrts
A
GENERAL LIABILITY
MERCL L GENERAL UASIUTY
WMS MADE QOCCUR.
OWNER'S 6 CONTPACiOR'S PROT.
'
40136675 -93
1/15/93
1/15/94
EHERAL AGGREGATE
2,00 00
PRODUCTS- COMPrOp AGG.
11000 00
SV. INJURY
1,000,00(
ENCE
nRAMAGE
1 1 0 0 0 0 0
&Y one Era)
50 0 Q
MED.EXP. NnY one person)
AUTOMOBILE
LIABILITY
LXAUM
TOS
UTOS
AUTOS
LITY
201366276 -93
1/15/93
1/15/94
COMBINED SINGLE
OMIT
1 000 00
BODILY INJURY
(per per son)
BODILY INJURY
(Per MKiderM
001366277 -93
1/15/93
1/15/94
EACH DCWFmENCE
r—IcTmEs THAN UMBRELLA FORM
WC110452428-93 1/15/93 1/15/94 ACCIDENT LIMR9
womTER'B COYPENEATION EACH ACGOEHT o 1.000.00
AND DISEASE-POLICY LIMIT
EMPLOYERS' LIABILITY I OEEASE -EACH EMPLOYEE 15
OTHER
DESCRIPTION OF OPEPATIONSA =ATN)NNVENICLEAIBPECIAL REMS I
S RESPECTS ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON
EHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT:
-909F_ rnRnNA DEL MAR & BALBOA PENINSULA CONCRETE REPLACEMENT.
HOLDER .. CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF NEWPORT BEACH MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P.O. BOX 1768 LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
3300 NEWPORT BLVD. LIABILITY OF ANY IOND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
NEWPORT BEACH CA 92659 -1768
AUTHORIgO REPRESENTATIVE
By:.,.Gail A., Rom
ACORD 25.S I7190I
u
r
0
0
Page 11
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for General Liability, the City of Newport Beach, its officers
and employees are additional insureds, but only with respect
to liability arising out of operations performed by or on
behalf of the named insureds in connection with the contract
designated below or acts and omissions of the additional
insureds in connection with its general supervision of such
operations. The insurance afforded said additional insureds)
shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall 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 liability of the
company affording coverage.
3. The insurance afforded by the policy for Contractual Liability
Insurance (subject to the terms, conditions and exclusions
applicable to such insurance) includes liability assumed by
the named insured under the indemnification or hold harmless
provision contained 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.
5191
The limits of liability under this endorsement for the
additional insured(s) named in Paragraph 1 of this endorsement
shall be the limits indicated below written on an "Occurrence"
basis:
(X) Commercial ( ) Comprehensive
General Liability
$ 1,000,000.00
each occurrence
1,000,000.00 aggregate
The applicable limit of Contractual Liability for the company
affording coverage shall be reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
0
0
Page 11A
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as
applicable to General Liability Insurance.
6. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport Beach
by 40 Ces� mail, Attention: Public Works Department.
Corona del Mar and Balboa
7. Designated Contract: Penin -
Pro7ect T tle and Contract No.
This endorsement is effective 1/25/93 at 12:01 a.m.
and forms a part of Policy No. 40136675 of TRANSCONTINENTAL TNS rn
(Company Affording Coverage).
Insured• JOSIP KOVAC CONSTRUCTION Endorsement No.:
J & B KOVAC ENGINEERING
ISSUING COMPANY BOOTH & SIMPSON INSURANCE
6800 OWENSMOUTH AVENUE, SUITE 340
j� C GA PARK, CALIFORNIA 91309
By: lam- X11..1.
orized Represen tia ve - —
Gail A. Romero
Account Executive
5/91
0
Page 12
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for Automobile 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 said additional
insured(s) shall apply as primary insurance and no other
insurance maintained by the City of Newport Beach shall 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 liability of the company affording
coverage."
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 Multiple Limits
or Single Limit:
( ) Multiple limits
Bodily Injury Liability
Bodily Injury Liability
Property Damage Liability $
(X) Combined Single Limit
Bodily Injury Liability 6
Property Damage Liability
$ 1,000,000.00
per person
per accident
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage 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.
5/91
T
0
Page 12A
4. should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport Beach
by mail, Attention: Public works Department. NOW
cer ified Corona del Mar Balboa Peninsula
5. Designated Contract: Concrta R�larPmPnt C -9426
Project Title and Contract No.
This endorsement is effective 1/25/93 at 12:01 a.m.
and forms a part of Policy No. 2 of TRANSPORATION INSURANCE CO.
(Company Affording Coverage).
Insured: UOSIP KOVAC CONSTRUCTION Endorsement No.:
ISSUING COMPANY BOOTH & SIMPSON
6800 OWENSMOUTH AVENUE, SUITE 340
CANOGA PARK, CALIFORNIA 91309
By: U �.
orized Represen tive
Gail A. Romero
Account Executive
5/91
BY THE CI:'
CITY OF .:ni _ -.0
I
• F
APPROVED
0
December 14, 1992
CITY COUNCIL AGENDA
ITEM NO. 20
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: CORONA DEL MAR AND BALBOA PENINSULA CONCRETE
REPLACEMENT (C -2926)
RECOMMENDATIONS:
1. Approve t.. ].acement schedule and
specificat
2. Authorize City Clerk to advertise for bids to
be opened a'. 11:00 A.M. on January 14, 1993.
DISCUSSION:
This project provides for the replacement of defective
• portland cement concrete improvements in Corona del Mar and on
Balboa Peninsula. Approximately 22,000 sq. ft. of sidewalk, 200
linear ft. of curb and 800 sq. ft. of alley approach concrete
will be replaced; 700 sq. ft. of parkway paving will be removed;
and 33 curb access ramps will be installed.
The concrete replacement is deemed necessary to 1)
eliminate improvements which have been uplifted and displaced to
the extend as to constitute a hazard to the public; and 2)
restore adequate drainage gradients to improvements which have
been uplifted and displaced. Said uplift and displacement is
usually due to root growth of nearby street trees or private
trees.
The parkway removal likewise eliminates some of the
possibility of trip and fall injury within street right -of -way.
Most of the paving was placed years ago by the adjacent property
owners. Current owners will be advised by letter of the City's
need to remove the parkway paving and prune destructive tree
roots, and of their need to obtain Encroachment Permits for the
re- pavement of parkways pursuant to Council policies.
The ramp installations provide for improved access to
sidewalks for those who use non- motorized, wheeled vehicles. The
ramps are typically installed whenever other concrete work is
being performed in the vicinity, whenever there is a perceived
need for access ramps in the interest: of public safety, or
whenever there is a specific request for ramp construction.
•
December lk, 1992
CITY COUNCIL AGENDA
ITEM NO. 20
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: CORONA DEL MAR AND BALBOA PENINSULA CONCRETE
REPLACEMENT (C -2926)
RECOMMENDATIONS:
1. Approve t1: lacement schedule and
specificat
2. Authorize .. City Clerk to advertise for bids to
be opened a 11:00 A.M. on January 14, 1993.
DISCUSSION:
This project provides for the replacement of defective
• portland cement concrete improvements in Corona del Mar and on
Balboa Peninsula. Approximately 22,000 sq. ft. of sidewalk, 200
linear ft. of curb and 800 sq. ft. of alley approach concrete
will be replaced; 700 sq, ft. of parkway paving will be removed;
and 33 curb access ramps will be installed.
The concrete replacement is deemed necessary to 1)
eliminate improvements which have been uplifted and displaced to
the extend as to constitute a hazard to the public; and 2)
restore adequate drainage gradients to improvements which have
been uplifted and displaced. Said uplift and displacement is
usually due to root growth of nearby street trees or private
trees.
The parkway removal likewise eliminates some of the
possibility of trip and fall injury within street right -of -way.
Most of the paving was placed years ago by the adjacent property
owners. Current owners will be advised by letter of the City's
need to remove the parkway paving and prune destructive tree
roots, and of their need to obtain Encroachment Permits for the
re- pavement of parkways pursuant to Council policies.
• The ramp installations provide for improved access to
sidewalks for those who use non - motorized, wheeled vehicles. The
ramps are typically installed whenever other concrete work is
being performed in the vicinity, whenever there is a perceived
need for access ramps in the interest of public safety, or
whenever there is a specific request for ramp construction.
Subject: Corona del Mar and Balboa Peninsula Concrete
Replacement (C -2926)
December 14, 1992
• Page 2
The replacement schedule and specifications for the
project were prepared by General Services and Public Works
Department staffs. The Engineer's estimate is $100,000.
Sufficient funds are available to award this amount in the
General Services and Public Works Departments' Curb, Gutter and
Sidewalk Replacement Program accounts.
All work is to be completed by April 30, 1993.
J4A 1
Benjamin B. Nolan
Public Works Director
• LD:so
Attachment
•
Authorized to Publish Advertisements of all kindeuding public notices by I k
Decree of the Superior court of Orange County, California, Number A -6214,
September 29, 1961, and A -24831 June 11, 1963
STATE OF CALIFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH —COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed
and published in the City of Costa Mesa,
County of Orange, State of California, and
that attached Notice is a true and complete
copy as was printed and published on the
following dates:
December 18, 22, 1992
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on December 22 199 2
at Costa sa, California
Signature
PUBLIC NOTICE
NOTICE
INVITING BIDS
Sealed bids may be re-
ceived at the office of the
City Clerk, 3300 Newport '
Boulevard, P. O. Box 1768,
Newport Beach, CA 92659-
1768 until 11:00 A.M. on
the 14th day of January,
1993, at which time such
bids shall be opened and
read for CORONA DEL
MAR AND BALBOA PENIN-
SULA CONCRETE RE.
PLACEMENT, Contract No.
2926, Engineer's Estimate
$100,000
Approved by the City
Council this 14 day of De-
cember, 1992.
Wanda E. Reggio,
City Clerk
Prospective bidders may
obtain one set of bid docu-
ments at no cost at the of-
fice of the Public Works
Department, 3300 Newport
Boulevard, P.O. Box 1768,
Newport Beach, CA 92659
1768.
For further information,
call Doyd Dalton, Project
Manager at 644 -3311.
Published Newport
Beach -Costa Mesa, Daily
Pilot December 18, 22,
1992.
F1u728
PROOF OF PUBLICATION