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HomeMy WebLinkAboutC-2042 - Storage facility at Big Canyon Reservoir9�s3 October 24, 1978 CITY COUNCIL AGENDA ITEM N0. H -2(d) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: STORAGE FACILITY AT BIG CANYON RESERVOIR (C -2042) RECOMMENDATIONS: 1. Waive the informalities in Bourget Construction's bid. 2. Adopt a resolution awarding Contract No. 2042 to Bourget Construction for $28,850, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Four bids were received and opened in the office of the City Clerk at 2:30 p.m. on October 12,1978. Bidder Amount 1. Bourget Construction, Irvine $28,850.00 2. Coy Atkins, Fountain Valley $33,600.00 3. Means and Ulrich, Santa Ana $33,880.00 4. D. & B. Acoustics, Anaheim $37,400.00 The low bid is 9.8% less than the Engineer's estimate of $32,000. Bourget Construction has completed similar work for the City and is qualified. Funds are available in the current budget for the work (Account No. 50 -9297- 134). This project provides for the construction of a concrete block garage storage facility at Big Canyon Reservoir (see attached sketch). Preliminary site grading, electrical work and painting are being provided by City forces. The low bidder inadvertently,did not sign the Notice Inviting Bids, the financial statement or the technical ability and experience references. It is felt that failure to sign these ancillary documents did not adversely affect the competitive bidding process, and waiver of the informalities is recommended. The bidder's bond did not meet the requirement in the Notice Inviting Bids to be issued by a company having a policy holder's rating of "A" or better and a financial category of X in the Best's Guide. The latest (1977) edition shows them not to have an applicable rating. After consultation with the City Attorney's office, staff recommends that this be considered an informality which is waivable due to the small amount of the bond (i.e. $2,885). The plans and specifications were prepared by the Public Works Depart- ment. The estimated date of completion is December 23, 1978. Benjamin B. Nolan Public Works Director SB:jd Att. n z(r o_ >- o z> acit �w c� m _w mm all Z O I- d O J t CITY OF NEWPORT BEACH DRAWN EA DATE =— Z� PUBLIC WORKS DEPARTMENT APPROVED ,S ;r .0,36-6,6__'ec- Q C/ L / T Y A T PUBLIC WORK! DIRECTOR R.E. NO. B./G CAf/y�/V._.J4E�Sy�ILB.__ DRAWING NO.EXHI,BIT i9� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO BOURGET CONSTRUCTION IN CONNECTION WITH THE STORAGE FACILITY AT BIG CANYON RESERVOIR, CONTRACT NO. 2042 WHEREAS, pursuant to the notice inviting bids for work in connection with the storage facility at Big Canyon Reservoir, in accordance with the plans and specifications heretofore adopted, bids were received on the 12th day of October , 1978, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is BOURGET CONSTRUCTION, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of BOURGET CONSTRUCTION for work in connection with the storage facility at Big Canyon Reservoir in the amount of $28,850.00 be accepted, and that the contract for the described work be awarded to said bidder; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid, and this award on behalf of the City of Newport Beach and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 24th day of October ATTEST: City . 1978. DDO /kb 10/16/78 COY ATKINS GENERAL CONTRACTOR 16122 WHITECAP CIRCLE FOUNTAIN VALLEY, CALIFORNIA 92708 TELEPHONE (714) 554 -4990 October 13,1978 City Council of .1evport °each 3300 =e,part Plvd. '�;ewport 3each, . ^,A 92660 � ; Storage acility at Rig Canyon rieservoir. Contract ;\C. 2042 °id opening Cct.12,1978 ^entlemen: <t is our belief that the allened low bid furnished by Bourget Construction Company- is a non responsive bid. ilie to their lack of naming sub contract orss'::asonryI Reinforcing Steel, Poll 1?P Doors Plaster, and Sheet eietal. ?:cording to California law, any Sub Contractor over of 1`' must be named at time of bid. herefore under these circumstances we feel the contract should be awarded to us. ''our Consideration of our position is appreciated. Very truly yours Coy Atkins Ceneral Contractor � o I p0 TM Y r � � s C) THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 G.C.P.) STATE OF CALIFORNIA, ss. 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 above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circulation, printed and pub- lished weekly in the city of Newport Beach, County of.Or- ange, and which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of Orange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice; of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and en- tire issue of said newspaper and not in any supplement thereof on the following dates to-wit: ...... .. --- September ...28.....1.9.78...... ... .. t PUBLICNOTICE CITY OF NEWPORT REACH, CALIFORNIA I certify (or declare) under penalty of I MACen Bros :u� e N e e� a at the foregoing is true and correct. Dated at ; oui=< of the City clerk. City Hal, New. . California, this 28 day of Sept 19 78- - - - - - - - 7, "'" Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. PROOF OF PURL This spat t: is for the County Clerk's Filing Stamp Proof of Publication of NOTICE INVITING BIDS Contract No. 2042 pod Beach. Califomia, until 2:30 p.m, (as Liability). determined by telephone time signal) on In accordance with tim,nwismas of the 12th day of October, 1978, at which Article 2, Chapter 1, Part 7 of the Cali, time they will be opened and read, for login Labor Code (Sections 1770 at performing work ae follows: beq), fh'ao-D'n.aor of Industrial Reati mi STORAGE FACILITY AT BIG CANYON :,has a et aa he germinal p prevailing RESERVOIR teal pde� Stan th lac 1'ty in CONTRACT NO 2042 tiicb 4�.,�g tits. per) ed for Bids must be submitted on the "a. .ache lit . daJipn mtype L oik Petal tons attached with the contract me. or mechaiut geeded4o: gaedhte the documents. furnished by the Public contract. A cc" 6i said aefermination in Works Department: The additional copy va liable in the office of the City Clerk. of the pmpoeal foam is to he retained by All parties to the covtrabPehell Be g.v the bidder for his records emed'bppll.provisions of the California Each bid must he accompanied by Labse C.4s'pi dating to prevailing wage cash, certified check or Bidders Bond, 1770.1781 inclusive). made payable to the City of Newport The con%,_Mc shall be responsible for Beach, for an amount agent toof least 10 omyliance'drith Section 17725 of the percent of the amount bid. '. CahIonue Labor Code for ell ippren- The title of the project and the word. tic,able occupations. "SEALED BID" shall be clearly marked I The contractor shall poet a copy of the n the outside of the envelope contain- prevailing wage rate. at the job site. ing the bid. Copies may be obtained from the public The contract documents that must be Works Department. completed, executed and returned in the The City reserves the right to reject sealed bid are any grillbids and to waive aninformah- . A. Proposal .ty in inch bid.. B. Designation of Subcontractors Publish: September 28, 1973 in The C. Bidders Bond Ni Sri Be qu. D. Nomcoilusion Affidavit ; E. Statement of Financial Responsibi itty' " F. Technical Ability and Experience; References These documents shall he affixed with the signature and titles of the p,movs _ signing on ladelf of the bidder. For cor- Forefront, the signatures of the President or Vice President and Secremry or As socurt Secretary are required and e Corporate Seal shall be affue .�(y� _ documents requiring signatu I t case of a P:.1nershlp, the si t at leastone general partner mr q No bids will he accepts frp` a cc n tract., who has act been 1 i /` with the provisions of Chapt l {' 3 9�Division M of the Rusewass and P fe seionssCode.Themntreotordellaf his liven number and classifioafio "' -w ) the riceposcal. One at of 'plan. and contract docu "C,F' : vj f 7 meats, including eprobir porvae. , may b, obtained at the Public Works De \ ' partmenp.City Hail, Newport Beads+,- at /' � l� Catil omia , rig get to ❑caveat contrac� tors. B is requested that the plans se 6 J contract documents be returned within '---"` wo (2),omia after the bid epening. The City has adopted fire Standard Specif.conons for Public Works Corr. adictign (1976 Edition) as prepared by the Southern Califomia Chatters of the Aderican Public Worb.Awromation and the Ahrocisted General Contractom,of America. Copies may be obtained ham Building News, Inc.,.3055 Overland Avenue, Los Angeles, California 90034, (213) 8709871. ' ' The. City has adopted Standard Spe- cial Provisions and Standard Drawings. STATE OF CAUFORWA, ss. 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 above - entitled matter. I arri the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circulation, printed and pub- lished weekly in the city of Newport Reach, County of.Or- ange, and which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of Orange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice; of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and en- tire issue of said newspaper and not in any supplement thereof on the following dates to-wit: ............5 apt embez ..28.x...1.9.78........... Proof of Publication of NOTICE INVITING BIDS Contract No. 2042 u rrvy: eWae Bide must be!cubmAted he this pro . dotal form, armishd.i+by the lic ' documeutvJ fineiaEed'. by:_ the Public m+py .::i: ol 07 the proposal form u to be retained by :SA', 1 thebdd b it rac rd er form ips.(on hico is land which 178, t Article 2, Ch do,la 20 Chapin re i'eva read, fpY . Ieivta� iab`oi': Ca Ce, _ BIG CANYON mI -' or Tiaat. B °. u rrvy: eWae Bide must be!cubmAted he this pro . dotal form, armishd.i+by the lic ' documeutvJ fineiaEed'. by:_ the Public m+py .::i: ol 07 the proposal form u to be retained by :SA', 1 thebdd b it rac rd er i Each, bid, must be accompanied by b cash, t fi d cmck Eli & d e d payable to the City' of N capon � TI Heac h, for amount equallo at least l0 pencenl oIthe amount' bid: -'. "C. 1 The title of the project and the words ti: "SEAIID:Bm shall he clearly marked on the'outnide of the envelope contain:. Ingtbebidd.' - C. . Tee contract documents that mus1'be W plemd, executed and rammed m the aealedbid are: A. PmPoml 1 rye B; Designation subcommoms C Edd sRead ,Nt I D. Nmri llueiov Adrdevrt .... n . E. StammenC'o4 inanc.. sat Aeapomibi r , Tae mI kMbfy add ''POBL[C N017CE �A fete ima CITY OFNEWPRNIAEACfi e d "eat atteA be CAllFOAMA'+. the q to re, nd hNek of I certify (or declare) under malty Of 'NGI'ICE nJVITING ems iqm g nbeh a Ith bid ft' penalty SEALED' BIAS wdi be cni d t th po t n th gn t se it foregoing is true and correct. Dated at 1 -if of to c bi or Vice Rmindeat and s 3' licloof Segreieiy' eau, California, this 28 day of Sept 19 7$ A cre nornte sea shall be.. ................. Signatuye THE NEWI10KIT ` ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. PROOF OF i documents requi e of a Partner.: least ane geneial t N bd Bhe tam hehmsm eo aanee,v:tb the 9. Qivie'om III of 1 Cntla.Th h i me ndmbe 'npolsoeal x One se1'dr1las . manta, indipdfd5 F d r 1 said . a) a co�a Chap(er .ad Pro. +'•. Noll fr hall II-s7y`j+ rt do us�/ he v anrommI m are eoa.m umosev comm, tors: It ia:regaesied that the pram ev11_ ! I .cm Tint doaroenie W returned witipq "'- .. - - -' two(21wedl®an atoned opening:rn The.Citi bas adopted the Stanch.. Specifications for Public works d b , sheen dl.fin E5homi l es prepared by. the'SOutham Cnl'dom)io Au pmnm the the'Aicenaded :enera Reencerce and Ihe'Asaocihted General Counselors of h:. Wveuue; Los'A`p..kin California 90034, (213)13100.98]1. The City has adopted Standard Spe idal Provisions and Standard Drawings. C opies of these are available at the Puh- lie Works Department at a cum of $5 per mi. A standard "Certificate of Imumnce for Connhm Work" form h. been adopt ad by the City of Newport Beach. This form is the only .anneals of insurance acceptable to the City. The ruceeadril low bide. will he required to complete this form ripen award of the contract. For any required bonds, the company issuing bid bonds, labor and materiel bonds. and fothbl pa,lormavc. bonds most be ea insurance company or surety company licensed by, the State of Cali lime The companies most also have a current general policy holds,, rating of A of better: and a financial cat,., of at least Clam X as per the latest edition of Best's Kay Aadng Guide (Properry- omm � eee': is right to --met . slue aq inbrinal6'; 28 1978 he re, 25 iql� TO: CITY COUNCIL FROM: Public Works Department l September 25, 1978 CITY COUNCIL AGENDA ITEM NO. H -10 SUBJECT: STORAGE FACILITY AT BIG CANYON RESERVOIR (C -2042) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 2:30 P.M. on Thursday, October 12, 1978, DISCUSSION: This project provides for the construction of a concrete block garage storage facility at the Big Canyon Reservoir. The facil- ity will be used to house equipment and supplies, including.the tractor used for maintaining the reservoir site and the trailer - mounted, electrical emergency generating equipment. The building will provide an all- weather shelter and help to reduce maintenance costs on the emergency equipment. (See attached sketch for project location.) The plans and specifications were prepared by the Public Works Department. The estimated date of completion is December 23, 1978. The engineer's estimate for the project is $32,000. Funds are available in the current year's water budget under Account No. 50- 9297 -134. 4�A �_� �� )Z_I�E Benjamin B. Nolan Public Works Director WE Att. _3 0 -o Z ZO Q> U� W cn 0 W I CITY OF NEWPORT BEACH I DRAWN � DATE PUBLIC WORKS DEPARTMENT I APPROVED QI Z O Q U O J ,S T.OR19.rs�__�EA C / L / T Y A T _ PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO.EXH1,0 r ';q a�7�d � cL Me yr May 14, 1979 MAY 14 197Q CITY COUNCIL AGENDA By the QfY COUNT... ITEM N0. H -12 CITY OF NEwao' TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF STORAGE FACILITY AT BIG CANYON RESERVOIR (C -2042) 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 notice of completion has been filed. DISCUSSION: The contract for the construction of the storage facility at Big Canyon Reservoir has been completed to the satisfaction of the Public Works Department. The bid price was $28,850.00 Amount of unit price items constructed 28,850.00 Amount of change orders 2,800.00 Total contract cost 31,650.00 Funds were budgeted in the Water Fund (Account No. 50- 9297 -134) The plans for the project specified that the City would rough grade the site prior to construction. However, due to lack of manpower, the Utilities Department was not able to accomplish this work. A change order in the amount of $2,800 was issued to cover the cost of the contractor doing the grading. The design engineering was performed by the Public Works Department. The contractor is Bourget Construction of Irvine, California. The contract date of completion was December 23, 1978, based on the date of award, October 24, 1978. The contractor was unable to obtain satis- factory bonds until late November, at which time the contract was executed. The contractor completed the extra grading by December 26, 1979, at which time he was able to start work on the building. Construction was delayed approxi- mately 30 days due to rain; with the work being substantially completed by March 15, 1979. / All work including clean -up was completed by April 6, 1979. Benjamin B. Nolan Public Works Director GPD:jd CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd 640 -2251 Date: MAY ts, 1979 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of c tor age >.acIIity at Big Ga..,on Reservoir Contract No. ?n.I, on which Bourget Construction was the Contractor and Safety Insurance Company of Calif Was the surety. Please record and return to us. Very trul yours, 4o is. George City Clerk City of Newport Beach Encl. a 9 June 18, 1979 Bourget Construction 4 Bluejay Irvine, CA 92714 Subjects Surety : Safety Insurance Company of California Bonds No. : 000797 Project : Storage Facility at Big Canyon Reservoir Contract No.: 2042 The City Council on May 14, 1979 accepted the work of subject property and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on May 21, 1979, in Book 13152, Page 1933. Please notify your surety company that bonds may be released 35 days after recording date. DORIS GEORGE City Clerk swk cc: Public Works Department RECORLI�JG RcQJcS; cJ BY AND MAIL TO CITY OF NEWPORT BEACH 3300 W. NEWPORT BLVD NEWPORT BEACH, CA 92663 *349 EXEMPT C?_ NOTICE., OF COMPLETION PUBLIC WORKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. MAY 21 1879 LEE A. BRANCH, County Recorder 'I 'o All Laborers and Material Men and to Every Other Person Interested: YOU WII..L PLEASE TAKE. NOTICE that on April 6, 1979 the Public Works project consisting of the Storage Facility at Rig Canyon Reservoir on which Bourget Construction was the contractor, and Safety Insurance Company of California was the surety, was completed. CITY OF NEWPORT BEACH JPubl c Works Director VERIFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 1'r y l a2 at Newport Beach, California. J�" t� / c Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am thepf-,FtJ. Clerk of the City of Newport Beach; the City Council of said City on May 14, 1979 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 May 15, 1979 at Newport Beach, California. .Z-kl�c it/ Deputy4&ty Clerk C �'. 71 i ''� L] 0 CITY OF NEWPORT BEACH Date November 28, 1978 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 2042 Project Storage Facility at Big Canyon RpsprUnir Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Bourget Construction Address: 4 Bluejay, Irvine, CA 92714 Amount: $ 28,850.00 Effective Date: October 24, 197$ Resolution No. 9453 Doris Geo e Att. cc: Finance Department [� City Ifall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 Approved by the City Council on this ZSth day of September, 1978. . City Clerk- SUBMITTED erk SUBMITTED BY BOURGET CONSTRUCTION Contractor 4 Bluejay ddress Irvine, California 92714 ,ty State Z p 551 -1515 Phone $28,850.00 Total Price Bid Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 2:30 P.M. (as determined by telephone time signal) on the 12th— day of__Tc o'Ue_r 1978, at which time they will be opened and read, for performing work as o ows: STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form Is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed.with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and _Seeccr_et�ary or Assistant Sec�retarL are required an�Zor�ratee Seat shall be nfized torments refiring s— ignatures. In the case of a ar>f tnershTp, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not.been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at.the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) f1 i� i Page la The City has adopted the Standard Specifications for Public Works Construction (1916 Edition) as prepared by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may.be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accept- able to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) For any required bonds, the company issuing bid bonds, labor and material bonds, and faithful.performance bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current general policy holder's rating of A or better; and a financial category of at least. Class X as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, part 7 of the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascer- tained 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 -1781 inclusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. L' Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures,.the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10).days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 203167 Classification B -1 Accompanying this proposal is Bond Cas , Certified Check, Cas ier s Check or Bon in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Phone Nu er October 12, 1978 Date R GFI CONSTRUCTION Bid er s Name (SEAL) ut orize ignature Authorized Signature Tndividlial Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: r � i DESIGNATION OF SUBCONTRACTORS Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors.in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. Windows Model Glass Costa Mesa 2. Gluelam Beams Pacific Roof Struct. Orange 3. Roof Vance Associated Roofing Costa Mesa 4. Lumber Ward Harrin®tnn Costa Mara 5. 6. 7. 8. 9. 10. 11. 12. BOURGET CONSTRUCTION Bidders Name S /Henri J. Bourget ul� thorizeignature Individual Type of Organization (Individual, Co- partnership or Corp.) Irvine. California 92714 Address Y FOR AINAL SEE CITY CLERK'S FILE COPP Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, HENRI J. BOURGET DBA BOURGET CONSTRUCTION , as Principal, and SURETY INSURANCE COMPANY OF CALIFORNIA , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10% of the amount bid but not to exceed THREE THOUSAND FTVF HnNngm Dollars ($ 1,500 00 lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of STORAGE FACILITY AT BIG CANYON RESERVOIR, CONTRACT NO. 2042. 1978 -79 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this 10th day of October 19 78 Corporate Seal (If Corporation) HENRI J. BOURGET DBA BOURGET CONSTRUCTION Principal (Attach acknowled ement of Attorney -in- Fact?} S /E. Madelaine Friedman, Notary Public Commission expires April 5, 1982 . I S /Henri J. Bourget SURETY INSURANCE COMPANY OF CALIFORNIA Surety By S /Neal L. Witt 1. I.. Page 5 NON- COLLUSION AFFIDAVIT The bidders, 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 arrangement or agree- ment 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 agree- ment 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 contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 12th day of October 19 78 My commission expires: S /HENRI J. BOURGET Notary Public Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. On file with City Clerk. S /HENRI J. BOURGET Signed ,' l • ! Page 7 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. 1978 City of Newport Beach SIHENRI J. BOURGET igne ------------ . _ _. '= 'c'_''.. .-z�_ .. .,. .mss•' s. ^r -s"'^= LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That BOND NO. 000797 Page 8 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 24 1978 has awarded to BOURGET CONSTRUCTION hereinafter designated as the "Principal ", a contract for 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, provender, or other supplies or teams used in, upon, for, or about the per - formance 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 BOURGET CONSTRUCTION as Surety, are held firmly bound unto the City of Newport Beach, in the sum of liars ($ 141429 -cm ), said sum being one -half 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, provender, or other supplies or teams, 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, 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 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon T � Page 9 (Labor and Material Bond - Continued) this bond, as required by the Provisions of Section 4205 of the Government 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 8th day of NOVEMBER , 19—Z�L-- URGET CONS TR C (Seal) Name of Contractor Principal %�w11`fa/ Authorized Signature and Title sS TNSLRANCE COMPANY OF (Seal) Name of Surety CALIFORNIA 225000 W. Whittier Blvd.. La.Habra, CA AddJIC %'mil of Surety —Signa u�Title of ut orizedy ge�C nt G.A. Van Buskirk AttarneyZin -Fait Address of gent Telephone No. of Agent 6 Z\ � (j I \\( � } 2\22«2 co \ \ & \$\ ) �7j0 U2. } B b \ \\ \ / L6 y »2}\¥ LW \ E! § 2\22«2 \ \ & \$\ ) �7j0 U2. pq m�=;evs \ ® \\ \ \ e : \CZ 9;2=C 2`Vbn 2§ 2272. =g2 B b \ \\ \ / L6 y »2}\¥ LW \ E! § AtSurety JnJurance � California HOME OFFICE IN LA HABRA, CALIFORNIA �x�� N° 020094 La Habra, California 90681 CERTIFIED COPY OF POWER OF ATTORNEY Jlnow all fnen Ly these presents.- That Surety Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizanees, contracts of indemnity, and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint G. A. VAN BUSKIRK of LA HABRA, CALIFORNIA its true and lawful agent and attorney -in -fact, to make, execute, seat and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit. Indemnity, Surety and undertakings that may be desircd by contract, or may be given in any action or proceed- ing in any court of law or equity; policies indemnifying employers against loss or damage caused by the mis- conduct of their employees, official surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN WITNESS WI authorized officer I, Insurance Company of California has caused these presents to be signed by its duly ,y. STATE OF CALIFQfINf�A,r; "� �ii'M}`; ." COUNTY OF ORANGE Jf SS: to be hereunto affixed this 14th day of SEPTEMBER , 1978. .................................................................... ............................... SURET IN NCE CO ANY OF CALIFORNIA j PPS ............... J John F. Merrill President On this 14 day of SEPTEMBER A.D, 19 78 , before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, 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, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article IV, Section 7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF. I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written, Notary Public ,� TY 2250 W. Whinier Blvd., to Habra, CA 90631 My Commission Expires FEBRUARY 4, 1981 CERTIFICATE I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By -Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company wa._November 8, 1978 (SEAL) 560 -05-3 (E) --- ``._ - -.—.. ''� • BOND NO. 000797 ' Page 10 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 October 24, 1978 has awarded to BOURGET CONSTRUCTION hereinafter designated as the "Principal ", a contract for 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, BOURGET CONSTRUCTION as Principal, and SURETY INSURANCE COMPANY OF CALIFORNIA as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWENTY EIGHT THOUSAND EIGHT HUNDRED FIFTY & NO/lCfflbl I ars ($ 28,850.00 ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Page 11 (Performance Bond - Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the sth day of NOVEMBER , 1g 78 - BOURGET CONS (Seal) Name of Contractor Principal) a �Ih6, /tu. �'L. v� L' M , - ,� Authorized Signature and Title SURETY INSURANCE COMPANY OF (Seal) Name of Surety CALIFORNIA` 2250 W. Whittier Blvd., La Habra. CA Addres of Surety Signature and Tit a of uthorized Agent G.A. Van Buskirk Attorney -in -Fact Approv as o f rm: Address of Agent Ci tj4 Attorney Telephone No. of Agent '_ •, h ,/ �_.,.�- �, ,/ \ ^�. ƒ �9 �/. m@)12 col) E7 $ =2E_GE ƒ \ })m7 §«777�c e ®R% \[ ; /;:\ •= E , ..: rD )B /; /: , aB'$)!: 7 rj =SE2o: } } \ / w CO cr 7 � nK /\� zr I &n a 0 � \��� Suret oinsurance Compan • of Catilornia HOME OFFICE IN LA HABRA, CALIFORNIA Box 2439 1V �° 020095 La Habra, California 90631 CERTIFIED COPY OF POWER OF ATTORNEY Alow all men 6ry tAese presents.' That Surety Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint G. A. VAN BUSKIRK of LA HABRA, CALIFORNIA its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and undertakings that may be desired by contract, or may be given in any action or proceed- ing in any court of law or equity; policies indemnifying employers against loss or damage caused by the mis- conduct of their employees, official surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN WITNESS WI authorized officer Insurance Company of California has caused these presents to be signed by its duly r STATE OF CALIM#N1* COUNTY OF ORANGE seal to be hereunto affixed this 14th day of SEPTEMBER 1978. ............................................................... .. .................... .------------- C,``t SURET IN NCE CO ANY OF CALIFORNIA z-t/ .. ... ......................_ _.........._. . ......................... ....... Y ....... ... Merrill l President SS: On this 14 day of SEPTEMBER A.D. 19 78 , before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and be acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed any Official Seal at the City of La Habra, the day and year first above written. T it Notary Public 1 1- •2-2�50�W. M OFrIC.i \L AL C RO! J 1 HQTAPY PU'�IC CFL rOi2l'A Y IK i) iffier Blvd., to Habra, CA 90631 My Commission Expires FEBRUARY 4, 1981 CERTIFICATE I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By -Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this - -- November 1978 ........... . . .- (SEAL) .... �R! ................... .................... 560- 05 -3(E) Secretary — Page 12 CONTRACT THIS AGREEMENT, made and entered into this.2;1� day of 19 by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and BOURGET CONSTRUCTION hereinafter designated as the Contractor, party of the second part. WITNESSETH: That the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042, 1978 -79 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in.this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; 'also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and' Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may tie.'. 3. The City hereby promises,and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused,resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH, CALIFORNIA ATTEST: City Clerk By: 1, i ,r Title I • . PR oft CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 PROPOSAL The Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work,.has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2042 in accordance with the Plans and Specifications, and will take in full payment therefor the following lump sum 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. Job Lump Sum Construct storage facility complete in place. Twenty -eight Thousand Eight Hundred Fifty Dollars and No Cents $ 28,850.00 $ 28,850.00 Per Lump Sum TOTAL BID PRICE WRITTEN IN WORDS: .Twenty-eight Thousand Eight Hundred Fifty Dollars and No Cents TOTAL B'ID $ 28,850.00 4 BluA.U'ay, Irvine California 92714 (CONTRACTOR'S ADDRESS 55.1-151 (TELEPHONE N0. October 12, 1978 Date 203167 CONTRACTOR'S LICENSE N0. S HENR BOOR ET AUTHORI ZED SIGNATURE I • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 INDEX TO SPECIAL PROVISIONS I. SCOPE OF WORK . . . . . . . . . . . . . . . 1 II. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . 1 III. COMPLETION OF WORK . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. PROTECTION OF EXISTING UTILITIES . . . . . . . . . . . . . 2 VI. WATER . . . . . . . . . . . . ... . . . . . 2 VII. ELECTRICAL . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. FEES, LICENSES AND PERMITS. . . . . . . . . . . .. 2 IX. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . 2 I • • SP 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, equip- ment, transportation, material and services necessary to complete the site work. and construction of the building as shown on the plans, complete in place includ- ing all necessary appurtenant work. Preliminary site grading and electrical work are not included. (See General Note 8 on the plans.) The contract requires completion of all work in accordance with these Special Provisions, the plans (Drawing No. B- 5067 -S), the City's Standard Special Pro- visions and Drawings, the City's Standard Specifications and applicable portions of the Uniform Building Code (1973 Edition). Copies of the City's Standard Special Provisions and Drawings may be purchased from the Public Works Department at a cost of $5. The City's Standard Specifications are the "Standard Specifications for Public Works Construction," 1976 Edition. Copies may be purchased from Building News Inc., 3055 Overland Avenue, Los Angeles, California 90034; telephone (213) 896 -9871. II. GUARANTEE Unless otherwise specified, the Contractor shall guarantee for a period of one year after acceptance of the work by the City all. materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the Con- tractor's expense. III. COMPLETION OF WORK The Contractor shall complete all work on the contract within 60 consecutive calendar days after award of the contract by the City Council. The Contractor shall submit a construction schedule in accordance with Section 6 -1 of the Standard Specifications. The Contractor shall have an approved schedule prior to the start of work. IV. PAYMENT All incidental items of work not separately described in the proposal shall be included in the lump sum price bid for the work and no additional compensation shall be made. '' • • SP2of2 Upon request of the Contractor, payment for materials delivered on -site will be made in accordance with Section 9 -3.3. of Standard Specifications. V. PROTECTION OF EXISTING UTILITIES Known utilities are indicated on the plans. Prior to performing construction work, the Contractor shall request each utility company to locate its facilities. The Contractor shall protect in place and will be responsible for at its own expense any damage to utilities encountered during construction. VI. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use available City water, it shall be his responsibility to make arrangements for.water pur- chased by contacting the City's Utility Director, Mr. Joe Devlin, at (714) 640 -2221. VII. ELECTRICAL The Contractor shall make his own provisions for obtaining electrical service necessary to perform his work. VIII. FEES, LICENSES AND PERMITS All fees for City permits will be waived by the City, except that the Contractor and all subcontractors must have a valid City business license purchased at their own expense. IX. CONSTRUCTION DETAILS See Sheet 1 of the project plans for all construction details. CITY OF NEWPORT BEACH. CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. This is to certify that the Company named below has issued to the Named Insured the policy of.comprehensive liability insurance identified herein, hereinafter referred to as "Policy ", and endorsed said Policy as follows to assure compliance by the Named Insured with the insurance requirements of the Contract executed by the Named Insured and the City of Newport Beach, (hereinafter, "City"). 1. The combined single limit for Comprehensive Liability (bodily injury or death, or property damage) is not less than $500,000 each occurrence, $500,900 aggregate protective and contractual, $1,000,000 aggregate products. 2. .Neither the Policy nor this Endorsement shall be cancelled or materially changed until thirty (30) days after receipt by City of written notice of such cancellation or change by registered mail, addressed as follows: City of Newport Beach c/o City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663. 3. The City of Newport Beach, its officers.and employees are hereby declared to be additional named insureds.in the policy. described insofar as they may be held liable for injuries, death or damage to property arising out of or in connection with the .contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and. includes a severability of interest clause. 4. Contractual liability coverage applicable to the contract referred to above, including the obligation to defend City is included. 5. Exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards) are deleted, where applicable. 6. The Policy provides coverage for, but is not limited to: Owned, Non -Owned and Hired Automobile; Products Liability- Completed Operations.; Premises - Operation&; Contractors Protective Liability; Marine or Aviation (when applicable); and Property Damage. This Endorsem•\\ effective when signed by an Authorized Representative of __ __ ��11 '^ Name o Insurance Company and when issu��Ct \Vs1!{IAf�11 be valid and form part of Policy No. vin9w Na Insured expiring NAME OFOAf OB�BROI08R ADDRESS - AGEI'RW /B /�ROKE`AV Au— t prized Representative IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Certificate is cautioned to make certain that he has authority to execute this Certificate on behalf of the Insurance Company ACOMPENSATION. ■ ` P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101- ` FUND /` November B, 29.78 CERTIFICATE OF WORKERS'COMPENSATION -" Newport Beach Bull ng Department 330p Newport Boulevard 20"wport Beach, California 92660 6,9�a,� 1 - NQ� N of V-, Thivb to -certif that we have issued a valid Workers' om of y �pensa{ ion insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration New App2ication,78 I1 -08.- 78/11 -08 -79 EMPLOYER Bourget „suction 4 B Irvine, California 92714 SCI F FORM 262A (REV. 2.76).'.. RESIDENT ALL OPERATTOfrs STATE E OPAPENSATION P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94TD1 INSURANCE FUND kovembeIr 9, 1978 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE city of eewport Seacf� Building Departnen-L 3300 Newnort Boulo-Vala Newport Beac11, California rii- 92660 This is to certify that we have issue -d-a-v-a 7ta'Mrkirs'C6mpensatio6 insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration tics 79 11 -.9 9 /1! - 3 - 7 ° EMPLOYER Ion -- -ruci-- 1, C- 4 Blvejau Irvine, California 92'1-4 SCIF-FORM 262A(REV.2-76).�.- -1�4L RESIDENT ALL OPPRATTCd.15 DLIPLICA sift L November 13,1978 I am aware of and will comply with Section 3700 of the Labor Code, requiring ovary employer to be insured against liability for Workers Compensation or to undertake self-insurance before commencing ArW of the work" Bourget Const. A* CITI Of NEWPORT 0 • Y I ' This is to certify that has in force for • CERTIFICATE OF INSURANCE • STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois HENRY J. BOURGET, DBA BOURGET CONSTRUCTION Name of Policyholder 4 BLUE JAY, IRVINE CA. 92714 Address of Policyholder location of operations 4 BLUE JAY,. IRVINE, CA 92714 the following coverages for the periods and limits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY (eff.lexp.) i� Comprehensive 90 050913 °[General Liability 4 -3 -78 t0 4 -3 -7 ❑Dual Limits for: BODILY INJURY Manufacturers and Each Occurrence $ ❑ Contractors' Liability Aggregate $ ❑Owners', Landlords' and I PROPERTY DAMAGE Tenants' Liability Each Occurrence $ The above insurance includes (applicable if indicated by ©) ❑PRODUCTS - COMPLETED OPERATIONS aggregate' $ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY r Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE ❑CONTRACTUAL LIABILITY Each Occurrence S 1,000,000 Aggregate $ 1 000, 000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD _ (eff. /exp.) CONTRACTUAL LIABILITY LIMITS (I f d ifferent than above) BODILY INJURY EiWatercraft Liability Each Occurrence $ PROPERTY DAMAGE Each Occurrence $ ❑ Aggregate $ Workmen's Compensation Coverage STATUTORY ❑Coverage A Employer's Liability Coverage B $ - Coverage B -Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN, F_ Fa -994.4 "':'`O NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED CITY OF NEWPORT BEACH 11 -8 -78 3300 NEWPORT BLVD. Date NEWPORT BEACH, CALIF. �. lure of A orizetl Represenlativa rAGENT Title 0 0 CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. 2042 This is to certify that the Company named below has issued to the Named Insured the policy of comprehensive liability insurance identified herein, hereinafter referred to as "Policy ", and endorsed said Policy as follows to assure compliance by the Named Insured with the insurance requirements of the Contract executed by the Named Insured and the City of Newport Beach, (hereinafter, "City "). 1. The combined single limit for Comprehensive Liability (bodily injury or death, or property damage) is not less than $500,000 each occurrence, $500,000 aggregate protective and contractual, $1,000,000 aggregate products. 2. Neither the Policy nor this Endorsement shall be cancelled or materially changed until thirty (30) days after receipt by City of written notice of such cancellation or change by registered mail, addressed as follows: City of Newport Beach c/o City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663. 3. The City of Newport Beach, its officers and employees are hereby declared to be additional named insureds in the policy described insofar as they may be held liable for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 4. Contractual liability coverage applicable to the contract referred to above, including the obligation to defend City is included. 5. Exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards) are deleted, where applicable. 6. The Policy provides coverage for, but is not limited to: Owned, Non -Owned and Hired Automobile; Products Liability - Completed Operations; Premises - Operations; Contractors Protective Liability; Marine or Aviation (when applicable); and Property Damage. This Endorsement is effective 11 -8 -78 when signed by an Authorized Representative of STATE FARM FIRE & CASUALTY COMPANY Name of Insurance Company and when issued to City shall be valid and form part of Policy No. 90 050913 expiring 4 -3 -79 insuring HENRY J. BOURGET DBA BOURGET CONSTRUCTION (Namea Insured) NAME OF AGENT OR BROKER BUDDY R_ RFARRDWFR ADDRESS - AGENT /BROKER 2790 HARBOR BLVD #105 COSTA MESA CA g9676 r IMPORTANT: This is the only evierence the City. The person executing this make certain that he has authority to on behalf of the Insurance Company .ve of insurance acceptable to Certificate is cautioned to execute this Certificate 6 4 RESOLUTION NO. .9453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO BOURGET CONSTRUCTION IN CONNECTION WITH THE STORAGE FACILITY AT BIG CANYON RESERVOIR, CONTRACT NO. 2042 WHEREAS, pursuant to the notice inviting bids for work in connection with the storage facility at Big Canyon Reservoir, in accordance with the plans and specifications heretofore adopted, bids were received on the 12th day of and October , 1978, and publicly opened and declared; WHEREAS, it appears that the lowest responsible bidder therefor is BOURGET CONSTRUCTION, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of BOURGET CONSTRUCTION for work in connection with the storage facility at Big Canyon Reservoir in the amount of $28,850.00 be accepted, and that the contract for the described work be awarded to said bidder; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid, and this award on behalf of the City of Newport Beach and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 24th day of October , 1978. Mayor ATTEST: ty Clerk DDO /kb 10/16/78 6 N JI-pm zY) uW < z Li -oz F U W t, O I.- W 41 S N oil! min AIANYIIIAYIINIIAINI I�IIIRlllflll�lllnlllllll IIdNllliill,�l,�ION t, O I.- W 41 S N K�J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR STORAGE FACILITY AT BIG CANYON RESERVOIR Approved by the City Council on this 25th day of September, 1978. City Clerk CONTRACT NO. 2042 1978 -79 SUBMITTED BY 6i , .r. /I iI 11 / +� state Zip Phone z TJ \T Total - r „ G� i � Y _,.:. Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVI:' r =BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach,. California, until 2.30 P.M. (as determined by telephone time signal) on the _�12 hh day of c(S'�oberr� 1978, at which time they will be opened and read, for per — forming work as ohs: STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the.bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed.with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secr�etar� or Assistant SSecre�tarit are required an t e or�orat�e Seal sha be affixed to all documents re— quiring signatures. In the case of a ar>s tnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) r Page la The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by the Southern California Chapters of the rican Public Works Association and the Associated General Contractors of America. Copies maybe obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accept- able to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) For any required bonds, the company issuing bid bonds, labor and material bonds, and faithful performance bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current general policy holder's rating of A or better; and a financial cate ory of at least.Class X as per the latest edition of Best's Key Rating Guide ?Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascer- tained 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 -1781 inclusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. i ` Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. � /� Classification_ Accompanying this proposal i , LertlTlea cnecK, Lasnler -s LnecK or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 7 P Phone Number B�il6derls Name EAL Authorized Signature Type o Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1 2 3 4 5. 6. 7. 8. 9. 10. 11. 12. dd M11"2_2 f!I 0 _��� ;(P , Type of Organization (Individual, Co- partnership or Corp.) Address BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we and Page 4 as Principal, 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 principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) (Attach acknowled ement of. Attorney -in -Fact M Titl Principal Surety Page 5 NON- COLLUSION AFFIDAVIT The bidders, 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 arrangement or agree- ment 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 agree- ment 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 contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me th i s�day of , 1970. Wyeemn911tert• , l�ssn�•.••. • PA,. EN i ii rLRi)::iL �� • .i..?yj pCiGVC;�AI OFilCE al O nANG- C 1i IV' +'r 4 My Commission Expires Feb. 9, 1981 • F#5"4:7754 001MI&A r Not&& Public k I • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. I Signed A 0 0 Page 7 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. MEN +I — • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 PROPOSAL The Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR oft The undersigned declares that he has carefully examined the location of the work,..has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2042 in accordance with the Plans and Specifications, and will take in full payment therefor the following lump sum 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 Job Lump Sum Construct storage facility complete in place. and Cents $�$ Per Lump Sum TOTAL BID PRICE WRITTEN IN WORDS: ,��� ,� 3" / -- ( [PRONE N0. UUII LD 1 ONTRACTOR'S LICENSE NO. v a E14e��e-ffU H ONTRACTOR'S LICENSE NO. E14e��e-ffU H AT 3 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 INDEX TO SPECIAL PROVISIONS I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . 1 II. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . 1 III. COMPLETION OF WORK . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . 1 V. PROTECTION OF EXISTING UTILITIES . . . . . . . . . . . . . 2 VI. WATER . . . . . . . . . . . . . . . . . . ... . . . . . 2 VII. ELECTRICAL. . . . . . . . . . . . . . . . . . . . . . 2 VIII. FEES, LICENSES AND PERMITS . . . . . . . . . . . . . . . .. 2 IX. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR STORAGE FACILITY AT BIG CANYON RESERVOIR CONTRACT NO. 2042 1978 -79 I. SCOPE OF WORK SP 1 of 2 The work to be done under this contract consists of furnishing all labor, equip- ment; transportation, material and services necessary to complete the site work and construction of the building as shown on the plans, complete in place includ- ing all necessary appurtenant work. Preliminary site grading and electrical work are not included. (See General Note 8 on the plans.) The contract requires completion of all work in accordance with these Special Provisions, the plans (Drawing No. B- 5067 -S), the City's Standard Special Pro- visions and Drawings, the City's Standard Specifications and applicable portions of the Uniform Building Code (1973 Edition). Copies of the City's Standard Special Provisions and Drawings may be purchased from the Public Works Department at a cost of $5. The City's Standard Specifications are the "Standard Specifications for Public Works Construction," 1976 Edition. Copies may be purchased from Building News Inc., 3055 Overland Avenue, Los Angeles,.California 90034; telephone (213) 896 -9871. II. GUARANTEE Unless otherwise specified, the Contractor shall guarantee for a period of one year after acceptance of the work by the City all. materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the Con- tractor's expense. III. COMPLETION OF WORK The Contractor shall complete all work on the contract within 60 consecutive. calendar days after award of the contract by the City Council. The Contractor shall submit a construction schedule in accordance with Section 6 -1 of the Standard Specifications. The Contractor shall have an approved schedule prior to the start of work. IV. PAYMENT All incidental" included in the shall be made. items of work not separately described in the proposal shall be lump sum price bid for the work and no additional compensation V VI VII VIII IX • • SP 2 of Upon request of the Contractor, payment for materials delivered on -site will be made in accordance with Section 9 -3.3. of Standard Specifications. PROTECTION OF EXISTING UTILITIES Known utilities are indicated on the plans. Prior to performing construction work, the Contractor shall request each utility company to locate its facilities. The Contractor shall protect in place and will be responsible for at its own expense any damage to utilities encountered during construction. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use available City water, it shall be his responsibility to make arrangements for.water pur- chased by contacting the City's Utility Director, Mr. Joe Devlin, at (714) 640 -2221. ELECTRICAL The Contractor shall make his own provisions for obtaining electrical service necessary to perform his work. FEES, LICENSES AND PERMITS All fees for City permits will be waived by the City, except that the Contractor and all subcontractors must have a valid City business license purchased at their own expense. CONSTRUCTION DETAILS See Sheet 1 of the project plans for all construction details. •if • • CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. This is to certify that the Company named below has issued to the Named insured the policy of comprehensive liability insurance identified herein, hereinafter referred to as "Policy ", and endorsed said Policy as follows to assure compliance by the Named Insured with the insurance requirements of the Contract executed by the Named Insured and the City of Newport Beach, (hereinafter, "City "). 1. The combined single limit for Comprehensive Liability (bodily injury or death, or property damage) is not less than $500,000 each occurrence, $500,700 aggregate protective and contractual, $1,000,000 aggregate products. 2. Neither the Policy nor this Endorsement shall be cancelled or materially changed until thirty (30) days after receipt by City of written notice of such cancellation or change by registered mail, addressed as follows: City of Newport Beach c/o City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663. 3. The City of Newport Beach, its officers and employees are hereby declared to be additional named insureds-in the policy, described insofar as they may be held liable for injuries, death or damage to property arising out of or in connection with the .contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 4. Contractual liability coverage applicable to the contract referred to above, including the obligation to defend City is included. 5. Exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards) are deleted, where applicable. 6. The Policy provides coverage for, but is not limited to: Owned, Non -Owned and Hired Automobile; Products Liability- Completed Operations.; Premises- Operati0ne4 Contractors Protective Liability; Marine or Aviation (when applicable); and Property Damage. This .Endorsem XP 74 s effective when signed by an Authorized Re sentative of Name of Insurance company and when issI Cij.,:gs all be valid and form part of Policy No, ing Na Insure expiring Q Q . NAME OF A O R ADDRESS - AGE /BROKE \� V Authorized Representative IMPORTANT: This is the only evidence of insurance acceptable to the City.. The person executing this Certificate is cautioned to make certain that he has authority to execute this Certificate on behalf of the insurance Company i Suretf Jwuraace L'on*an y of CQ%lvrnia BOX 2430 2250 WEST WHITTIER BOULEVARD LA HABRA, CALIFORNIA 90631 PROPOSAL BOND BOND NO. 000245 -1 KNOW ALL MEN BY THESE PRESENT'S, That we, HENRI J. BOURGET DBA BOURGET CONSTRUCTION, 4 Bluejay, Irvine, CA 92714 as Principal, and Surety Insurance Company of California a corporation under the laws of the State of California, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH j_0 ._ Oy_ =_AMD=BID— BUT,-NOT__,M_Ei�Ut ter called the obligee) THREE THOUSAND FIVE HUNDRED AND OQ/10 3,500.00 in the full and just sum of - -.. _ Dol a ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severely, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BID DATE 10/12/78 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 10th y of OCTOBER 19 78 —HM? J. BOURGET DBA BOURGET CONSTRUCTION PRINCIPAL ....�� -� BY: 5360 -04 SURETY INSSURANCE COMPANY of CALIFORNIA By Neal L. WittATTORNEY -IN -FACT [2 {?I37 / ; §2 \/ _ o m - ) \ {�)'0 C /3 ƒ , - r,— =g « y� f \A \� , / / / §r C7: )779 \: \) cr I@): ,.� § \) \ ƒ0 / G \ \ co \ ) j& \) \\ \� R\ Surety 3�srance Company o��'alilornia Box U30 OME OFFICE IN LA HABRA, CALIFORNIA Is Habra, Cslifornia 90031 CERTIFIED COPY OF POWER OF ATTORNEY N? 001022 l(now all men 6g needle Predent-4: That Surety Insurance Company of California, a California Corporation, having its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the au- thority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint NEAL L. WITT of LA HABRA, CALIFORNIA its true and lawful agent and attomey -in -fact, to make, execute, seal and dehver for and on its behalf as surety, and as Its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity: policies indemnifying employers against loss or damage caused by the misconduct of their employees, official bail and surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN WITNE53 WHE Surety Insurance Company of California has caused these presents to be signed by its duly au- thorized offi J`a��d�R.@l,@®vooOf seal to be hereunto affixed this 18th day of OCTOBER 19 77 , lY' �' SURET IN NCE CO ANY OF CALIFORNIA C d INCORPORATED �.� _. By .._ .................._._.......................,. ....._R...LC'................._ n JAN. 31, 1969 John F. Merrill President STATE OF CALiQ K�� COUNTY OF ORANGE SS. On this 18 day of OCTOBER A.D. 19 77 , before the subscriber. a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, 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, deposed and said that he is the officer of the said 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 said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. `.«� �d Notary Public tai 0FY)C.,AL l ^L t P,OTAPY PU[ K] C)iFO;' A 2250 W. Whittier Blvd., La Habra, CA 90631 My Commission Expires PER. 4, 1981 ......... ........... .. ...... CERTIFICATE I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By -Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this .... .October 10, 1978 ............................... .............................. (SEAL) ....___._._... ... .. ....(! . _L... /..+......../..1✓......... 560 -05.3 (REV. 4/79) Secretary gape i,�* o6 California BOX 2430 2250 WEST WHITTIER BOULEVARD LA HABRA, CALIFORNIA 80631 PROPOSAL BOND BOND NO. 000245 -1 KNOW ALL MEN BY THESE PRESENTS, That we, HENRI J. BOURGET DBA BOURGET CONSTRUCTION, 4 Bluejay, Irvine, CA 92714 as Principal, and Surety Insurance Company of California a corporation under the laws of the State of California, CITY OF NEWPORT BEACH as Surety, are held and firmly bound unto TO % -CF- THE -- AMOUNT - BTU-BUT - NOT'70 -JkU�' 5ter called the obligee) THREE THOUSAND FIVE HUNDRED AND OQ/108� 3,500.00 ) in the full and just sum of _—._. ___ —.. _ Dol ars, for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severely, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BID DATE 10/12/78 NOR', THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this . _ 10th Iy of OCTOL'IiR _ 19 78 I-TENR J . - BOURGEZ —DBA BOURGET CONSTRUCTION P f`IPAL -41AII SURRT�Y IINSSURA7NNCE� COMPANY of CALIFORNIA Neal L. Wit tATTORNEY -IN -FACT 5360 04