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HomeMy WebLinkAboutC-2457 - Big Canyon Reservoir Residence Addition.) CITY OF NEWPORT BEACH March 7, 1985 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 SPEC BUILDERS 25041 Earhart Laguna Hills, CA 92653 (714) 644 -3005 Subject: Surety: Balboa Insurance Co. Bonds No.: 01 NAA 009899 Contract No. - V-Z =` Project: Big Canyon Reservoir Residence Addition The City Council on February 11, 1985 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded by the Orange County Recorder on February 20, 1985, Reference No. 85- 059341. Please notify your surety company that the bonds may be released 35 days after this date. Sin c rely, c Wanda E. Raggio City Clerk U WER:pm cc: Public Works 3300 Newport Boulevard, Newport Beach ,aPI*EASE. RETURN T0, 85-- 059341 oCity Clerk�� �'�.a S E.ema „ »»r,�». »•�:� -,� fl,City of New x. Beach 3300 Newport Blvd. UONewport Beach, CA 92663 -3884 z NOTICE OF COMPLETION RECORDED IN OFFICIAL RECORDS ORANGE COUNTY CALIFORNIA .215 PM FEB 2 0'85 Q COUNTY ,�'°�'P��' RECORDER Q = :+ vaATiON PUBLIC WORKS /► '+ 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on February 11, 1985 the Public Works project consisting of Big Canyon Reservoir Residence Addition (C -2457 on which SPEC BUILDERS, 25041 Earhart Laguna Hills, CA 92653 was the contractor, and Balboa I om an 330 N. State College, e'm. CA 9280 was the surety, was complete , iA CI OF NEWPORT BEACH * 6/y blic Works DirectorLl f O;RIF16;ATION 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 February 13, 19B5 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on February 11, 1985 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 February 13, 1985 at Newport Beach, California. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 14, 1985 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: (714) 644 -3005 Attached for recordation is Notice of Completion of Public Works project consisting of Big Canyon Reservoir Residence Addition, Contract No. 2457 on which SPEC BUILDERS was the Contractor and Balboa Insurance Company was the Surety. Please record and Feturn to us. Sincerely, 4 Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach • C7 0 ! (3�) TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCIL CITY OF NEWPORT BEACH FEB 111985 5e d:: February 11, 1985 CITY COUNCIL AGENDA ITEM NO. F -17 SUBJECT: ACCEPTANCE OF BIG CANYON RESERVOIR RESIDENCE ADDITIONy RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a-Nal:y of4omp at aop:; 3. Authorize the City Clerk to #"7p ease-%ttwb6nds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the addition to the caretaker's residence at Big Canyon Reservoir has been completed to the satisfaction of the Public Works Department. The bid price was: $ 27,800.00 Amount of unit price items constructed: 27,800.00 Amount of change orders: ,14.97 Total contract cost: 28,957-- Funds were budgeted in the Water Fund Account No. 50- 9297 -117. Two change orders were issued. The first, in the amount of $530.00, provided for a change in the type of windows and roof -line. The second, in the amount of $604.97, provided for a change in the lighting fixtures and additional caulking around the windows and doors. The contractor is Spec Builders of Laguna Hills, California. The contract date of completion was December 15, 1984. The contrac- tor was delayed one week by rain. Completion was further delayed pending receipt of the revised lighting fixtures. The work was completed on January 14, 1985. Benjamin B. Nolan Public Works Director BBN:jw CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: October 15, 1984. SUBJECT: Contract No, C -2457 Description of Contract Big Canyon Reservoir Residence Addition Effective date of Contract October 15, 1984 Authorized by Minute Action, approved on October 9, 1984 Contract with SPEC BUILDERS Address 25041 Earhart Laguna Hills, CA 92653 Amount of Contract $27,800.00 katw& Wanda E. Andersen City Clerk WEA:lr attach, 3300 Newport Boulevard, Newport Beach October 11, 1984 TO: City Clerk FROM: Public Works SUBJECT: Big Canyon Reservoir Residence Addition (C -2457) Attached are the original and three copies of the subject contract documents. Please have them executed on behalf of the City and return all but your copy to this de- partment. Lloyd R. Dalton Project Engineer LRD:jd Att. ` , • CITY CLERK 1 NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 a.m. on the 26th day of September, 1984, at which time such bids shall be opened and read for BIG CANYON RESERVOIR RESIDENCE ADDITION Title of Project 2457 Contract No. $25,000 Engineer's Estimate Approved by the City Council this 13th day of September, 1984. `e oavlzo Wanda E. Raggio v City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Lloyd R. Dalton at 640 -2281. Project Engineer 0 1 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR RESIDENCE ADDITION CONTRACT NO. 2457 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Gentlemen: PR 1 The undersigned declares that he has carefully examined the location of the work,.has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 2457 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: QUANTITY ITEM DESCRIPTION TOTAL UNIT PRICE WRITTEN IN WORDS PRICE Lump Sum Construct residence addition and re -roof entire residence and detached double garage @ EwjeRt SndvredThousand Dollars and No Cents $ 27,800.00 Per Lump Sum TOTAL PRICE WRITTEN IN WORDS: Twenty -Seven Thousand Eight Hundred Dollars and No Cents $ 27.800.00 B- 356509 Contractor's Lic. No. & Classification 714- 770 -5715 Bidder's Telephone Number September 26, 1984 SREC RIITI DFQS Bidder S /Michael Keliiliki, Owner Authorized Signature /Title 25041 Earhart Laguna Hills, CA 92653 Bidder's Address 9 INSTRUCTIONS TO BIDDERS Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. B- 356509 . Contr's Lic. No. & Classification September 26, 1984 Date SPEC BUILDERS Bidder S /Michael Keliiliki, Owner Authorized Signature /Title • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed 1 will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. Electric O.C. Electric Costa Mesa, CA 2 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. SPEC BUILDERS S /Michael Keliiliki, Owner Aut orized Signature /Title FOR ORIGINAL SEE CITY CLERK'S FILE COPY BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, SPEC Page 4 as bidder, and BALBOA INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 20% of bid Not to exceed Ten Thousand Dollars ($10,000.00) * * * * * * ** Dollars ($ 20 % * * * * * * * *), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of BIG CANYON RESERVOIR RESIDENCE ADDITION C -2457 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract'is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 24th day Of September , 1984• (Attach acknowledgement of Attorney -in -Fact) S /Judy E. Harcum Notary Public Commission expires September 23, 1987 SPEC BUILDERS Bidder S /Michael Keliiliki, Owner Authorized Signature /Title BALBOA INSURANCE COMPANY Surety By S /Raymond E. Gail Title Attorney -In -Fact • • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this day of , 19 My commission expires: SPEC BUILDERS Bidder S /Michael Keliiliki, Owner Authorized Signature /Title Notary Public • • Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On file with City Clerk SPEC BUILDERS Bidder S /Michael Keliiliki, Owner Authorized Signature /Title • . 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 1984 City of Costa Mesa Chuck Carr 754 -5300 SPEC BUILDERS Bidder Authorized Signature /Tit e ' 0 • Page 8 N O T I C E The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: vi Property- Casualty. Coverages shall be proded for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. 0 KNOW ALL MEN BY THESE PRESENTS, That PAYMENT BOND 01 dr 009899 Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 9, 1984 has awarded to SPEC BUILDERS 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 SPEC BUILDERS as Principal, and BALBOA INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of TWENTY —SEVEN THOUSAND EIGHT HUNDRED & N01100 Dollars ($ 27,800.00 said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, 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 3250 of the Civil 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 . Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3 h day of Ootobs, 19 . ppro a as to rm V CiN Attorney i Co (Seal) Name of n ractor Principal H � Authorized Signature and Title Authorized Signature and Title ti►iecs�► ierena�►NC*s coat sr (Seal ) Name of Surety RAYMM E. Gail. Attotnoi is tact. Address of Agent (714) 774 -8910 Telephone No. of Agent *Ifs-bTT (w) \ /} \) �}\ } \\\\ [\ I §/P [] $&. §E[ \0 \ �� |2g e($ 2 ) \ \ + g \ � � M. �:n � Q f ! % \ § ) � q � \ ; §� 3 � §\ $ Ol aW►�li3le Page 11 FAITHFUL FORMANCE 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 9. 1984 has awarded to SPEC BUILDERS 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, so-Ar !U?xl,ti.vg4? as Pei ncipal, and iJLTr(n?. TXAiJR1k " CGS PALM as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of 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 ' r • 9 Page 12 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of October , 19--qL—. Authorized Signature and Title Name of Surety itt].1Q V. State College, Anabeim. CA 92801 Address of Surety a��� Signaturfk and Title of authorized Agent Raymond R. Gail, Attorney in Pact s to form - - Address of Agent My Attorney (714) 774 -4910 Telephone No. of Agent �ƒ - w36 \ ` � \ e / } § \ , [ } / \ b&E\ }k {§ f ®�7 5 \/] &� }I (k� }\ ) }E m §{A 7J [&. »0 E�] |/§ \[{ }/} CL � §} � ^{ � ) E3 & 2� e[7 0 ) / \ \ 2 « ( | \ f ! r q i \ \ � w m ; ® q ; \ n: o §� §; Q� rZ C-14 � • BALBOA INSURANCE COMPANY 0 620 NFWPt) Rr CFNI FR DR I VE, NEWPORT BEACH, CALIF ORN I A 92660 N-0 435 POWER OF ATTORNEY VALID GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men hr These Presents, That I3ALBOA INSURANCE COMPANY, a corpornion duly organized and existing under the laws of the State of Caliliania, and having its principal office in Newport Beach, Orange Cuunly, Calilirrnia, does by these presents make, constitute and appoint_____— ___ —_ - _ RAYMOND E. GAIL of Anaheim and State of California its true and lawful Atkxncy(s) -in -pact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S B A Guarantee Agreement) — MAXIMUM PENALTY $250,000.00 OTHER CONTRACT BONDS_— MAXIMUM PENALTY $50,0_00_.00 ALL OTHER BONDS — MAXIMUM PENALTY $10,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1984 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and -duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s }in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as At Iorney(s) -in -Fact to repreucnr and act for and on behalf of the Company subject to Ube following provisions: "Section 1. Attorney- in- b'act. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements ul indenuttly and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 25th day of Incorporated State of California Feb. 6, 1948 ss.: County of Orange BALBOA INSURANCE COMPANY By �..+ On this 25th day of, Ail FORNta April _ , in the year 1984 , before tire Patricia B. Balding , a notary public, personally appeared W. A. Keyworth , personally known to me to be the person who executed the within instrument as Vice President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. rAwrtlwr�rFm O SEAL O PATRICIA CIA 0. B. BALDING NOTARY PUBLIC - CALIFORNIA Notar Public ORANGE COUNTY My Corittriiaien Etpua Sept 2A, 1985 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect, And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the hoard of Directors of the Balboa Insurance C,,mpauv at a meeting duly called and held on the 241h of March 1972, and Thal said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, at Newport Beach, California, this. 0 C day of , 19 . THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO.QL%c1V/ I rj .. _ Secretary L043EI83(BIC) City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED CERTIFICATE OF INSURANCE r A Page 13 AFFORDING COVERAGES UamNany B Pacific National Letter „r ,y C Letter Company D Letter Company E Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the- Insurance Company affording coverage shall provide, 30 days' advance notice to the City of Newport Beach by //re g1 tered 1, attention: Public Works Department. By: V 'u Agency: Millward Insurance Agency, Inc, uthorized R presentative /D-B-� Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Big Canyon Reserviur Residence Addition #2457 Project Title and Contract Number This certificate or verification of insurance is not an insurance poiicy ana noes not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. N Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag. Products, LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY prehensive Form xaw 205779 9 -25 -8 Bodily Injury $ $ xlComprehensive x Premises - Operations Property Damage $ $ Explosion & Collapse Hazard IUnderground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $1,000 $1,000 x Broad Form Property Damage X Independent Contractors X Personal Injury Marine Personal Injury $1,000 Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form CA 72135 1, 10 -1 -8 Bodily Injury (Each Person $ ❑x Owned $ Bodily Injury (Each Occurrence ❑ Hired rt Pro ea e x Non -owned ❑ ode y InjDamury and Property Damage Combined $100,000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor A and EMPLOYER'S LIABILITY xwo 205779 9 -25 -8 ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the- Insurance Company affording coverage shall provide, 30 days' advance notice to the City of Newport Beach by //re g1 tered 1, attention: Public Works Department. By: V 'u Agency: Millward Insurance Agency, Inc, uthorized R presentative /D-B-� Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Big Canyon Reserviur Residence Addition #2457 Project Title and Contract Number This certificate or verification of insurance is not an insurance poiicy ana noes not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. N • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (xx) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ 100,000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Big Canyon Reservoir Residence Addition #2457 Project Title and Contract No.). This endorsement is effective 10 -8 -84 at 12:01 A.M. and forms a part of Policy No. CA 721358 Named InsuredMike xeliiliki DBA: spec Builders Endorsement No ? Name of Insurance Company Pacific National By ve It is agreed that: E 9 0 CITY Of NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT Page 15 With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ Property Damage Liability ()Q Single Limit each occurrence $ each occurrence Bodily Injury Liability $ 1,000,000.00 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Big n n t e xe d Projec Addition Title and Contract No. This endorsement is effective 10 -8 -84 Policy No. XHW 205779_ Named Insured Mike xeliikili DBA at 12:01 A.M. and forms a part of Spec Builders Name of Insurance Company Ohio casualty X rs ve 11 CONTRACT Page 16 ezI THIS AGREEMENT, entered into this day of —�r , 19 7 by and between the CITY OF NEWPORT BEACH, hereinafter "City, and SPEC BUILDERS , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: RESIDENCE ADDITION C11 C -2457 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: ON C -2457 Contract No. which project is more fully described in the contract documents. Contractor shall perform and.complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as.prescribed above, City shall pay to Contractor the sum of Twenty -Seven Thousand Eight.Huhdred and 00 /100 * * * *. * * * * * * * * * * * ** ($__2_7_._8_0­0_.0_0_*_*_*)- This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or.discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: . (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) (f) Plans and Special Provisions for BIG CANYON RESERVOIR RESIDENCE ADDITION - e (g) This Contract. Page 17 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN.WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH / AS TO FORM: (rte & 4OU SPEC BUILDERS City Attorney ContCaetpr B H - Itsoct BY . Its CITY CONTRACTOR Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR RESIDENCE ADDITION CONTRACT NO. 2457 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . 1 I1. TIME OF COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. EXISTING PLANS . . . . . . . . . . . . . . . . . . . . . . . 1 V. PLAN CHECK; FEES . . . . . . . . . . . . . . . . . . . . . . 1 VI. HABITABILITY OF RESIDENCE . . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . 2 A. General . . . . . . . . . . . . . . . . . . . . . . . . 2 i B. Materials . . . . . . . . . . . . . . . . . . . . . . . 2 1. Doors . . . . . . . . . . . . . . . . . . . . . . . 2 2. Windows . . . . . . . . . . . . . . . 3 3. Fireplace . . . . . . . . . . . . . . . . . . . . . 3 4. Bath . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Lighting Fixtures . . . . . . . . . . . . . . . . . 3 6. Skylight . . . . . . . . . . . . . . . . ... . . . 4 7. Painting . . . . . . . . . . . . . . . . . . . . . . 4 8. Floor Coverings . . . . . . . . . . . . . . . . . . 4 9. Window Coverings . . . . . . . . . . . . . . . . . . 4 10. Roofing and Re- roofing . . . . . . . . . . . . . . . 4 C. Samples of Materials and Colors . . . . . . . . . . . . 5 • • SP 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR BIG CANYON RESERVOIR RESIDENCE ADDITION CONTRACT NO. 2457 I. SCOPE OF WORK The work to be done under this contract consists of constructing an addition to existing caretaker's residence and a.repainting and re -roof of the entire residence and detached double garage at Big Canyon Reservoir as shown on the plans. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No. B- 5108 -S), and the Standard Specifications (Standard S ecifications for Public Works Construction, 1982 Edition and supplements), copies of which are available at Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. II. TIME OF COMPLETION, SCHEDULE, AND PROSECUTION OF WORK Assuming the award of contract on October 8, 1984, the Contractor may start construction as soon as acceptable insurance and bond contract documents are delivered to City. The Contractor shall then complete all work, including final inspection and cleanup by December 15, 1984, or within forty -five (45) consecutive calendar days after the start of construction, whichever occurs first. The Contractor's attention is directed to the Standard Specifications' Section 6 regarding prosecution of work, liquidated damages, etc. III. PAYMENT The lump sum price shown on the proposal shall be considered as full compensa- tion for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. IV. EXISTING PLANS Existing plans (Dwg. No. W- 4889 -S dated 1/26/59) for the caretaker's residence and detached double garage are on file in the Engineer's office. The Contractor is advised of the slab -on -grade porch enclosure modification to the residence subsequent to 1959. V. PLAN CHECK: FEES Plan check (PC- 1120 -84) has been completed through City's Building Department. The Contractor shall, however, be responsible for completing City's Building Permit application, for complying in all aspects with such permit, and for arranging Building Department inspections. • . SP2of5 All Building Department permit and inspection fees are waived for the Contractor and his Subcontractors. VI. HABITABILITY OF RESIDENCE Inasmuch as the residence is to be occupied by the reservoir caretaker and his family during construction, the Contractor shall maintain a safe work site, and shall protect the contents of the residence and garage from damage due to wind, rain, hail, dust, rodents, insects and construction activity. VII. CONSTRUCTION DETAILS A. General 1. Exterior and interior trim and moldings for windows, doors, baseboards, etc., shall match existing trim and molding in the residence. 2. The entire roof area of the existing residence and its detached double garage shall be re- roofed as a portion of this contract (see Section B.10. below). 3. The entire exterior of the existing residence and its detached double garage shall be repainted, concurrent with the second coat painting of the addition, as a portion of this contract (see Section B.7.a. below). 4. The intent of this contract is to render a fully improved (except for floor and window coverings) 371 - square -foot addition, plus a complete repainting and reroofing to the caretaker's residence and detached double garage. Incidental details concerned with such addition, repaint- ing and re- roofing not specified in detail hereon are assumed to be included within the scope of the Contractor's work, and no additional allowance will be made therefor. B. Materials 1. Doors a. The interior front door may be stripped, sanded and reused as the exterior entry door, or a new solid core door of comparable appear- ance and quality shall be furnished. b. The double doors between the new porch and bedroom shall be French style wood and glass with lockset. c. The folding door between the new entry and the existing living room shall be solid wood with lockset. d. Additional interior doors shall be hollow core wood with locksets. e. Additional closet doors shall be wood raised panel bottom /fixed louvre top, with pull handles. • . SP3of5 f. Door hardware shall be brass finish except for interior of bath- room. g. All doors shall be finish - sanded, stained, varnished or painted per Engineer's option. 2. Windows a. Porch window frames shall be double -hung wood to match existing, with brass - finish hardware. b. Bedroom and bath window frames shall be sliding aluminum, with screens. 3. Fireplace a. Fireplace shall be pre- fabricated, zero clearance with brass - finish glass doors and outside air combustion kit. b. Hearth shall be raised and fully veneered in brick or ceramic. c. Mantel shall be full width solid oak stained or varnished per Engineer's option. 4. Bath a. Toilet shall be Kohler Well -Worth Water Guard #K -3500 EB in off - white color. b. Tub shall be quality fiberglass to match toilet color. A full- length, chrome - finish curtain rod shall be provided. c. Lavatory shall be quality fiberglass to match toilet color, set in a neutral, solid color counter top with splash back. d. Fixtures shall be chrome - finish American Standard washerless. e. Pullman and linen cabinet shall be solid oak, stained or varnished per Engineer's option, with chrome - finish hardware. f. Mirror shall be beveled or chrome - finish framed and flush mounted directly over pullman (no medicine cabinet). 5. Lighting Fixtures a. Entry and porch fixtures shall be recessed ceiling fixtures. b. Entry landing fixture shall be an exterior -use fixture concealed by the fascia. c. Bedroom fixtures shall be track lighting or dual wall -mount fix- tures located per Engineer's direction. d. Bathroom fixtures shall be dual recessed fixtures located over the lavoratory. • • SP4of5 6. Skylight Entry skylight shall be centered between entry area walls. Skylight well shall be vertical with fully insulated gypsum wallboard construc- tion. Skylight shall be tinted, double insulated panels manufactured by Vellux or Pacific Skylights. 7. Painting a. Exterior surfaces of the room addition shall be prime painted with premium quality materials. A second coat of paint shall be applied to all stucco, windows and trim of the entire residence and the detached double garage. Paint colors for stucco and wood shall be per Engineer's option. b. Interior wall and ceiling surfaces of the room addition shall be painted with premium quality flat latex paint. Wood trim and bath walls and ceiling shall be painted with premium quality semi -gloss enamel paint. Paint colors for walls and wood trim shall be per Engineer's option. 8. Floor Coverings Floor coverings are not included in this contract. 9. Window Coverings Window coverings are not included in this contract. 10. Roofing and Re- roofing a. To provide a uniform exterior roof surface above the residence, the Contractor shall either (1) strip all existing shingles from the roof or (2) construct the roof sheeting for the addition to the same exterior surface elevation as the existing shingles. b. Minimum 15 lbs. /lOO sq. ft. -felt and a perimeter starter course shingle shall be provided over the addition. c. Minimum 225 lbs. /100 sq. ft. sealtab -type fiberglass composition shingles by Owens - Corning, Johns - Manville or GAF shall be installed over the entire residence and detached double garage. Shingle color shall be the Engineer's option. d. L -metal flashing shall be installed around the perimeter of the entire residence and detached double garage. Flashing shall be baked enamel or primer and enamel finish over galvanized metal, with color to be the Engineer's option. 0 SP5of5 e. Roofing and re- roofing materials and installation procedures shall conform to standards required of a 20 -year bondable, Class A roof. C. Samples of Materials and Colors The Contractor shall submit material and color samples to the Engineer for color selection and /or approval.. Such samples will be delivered c/o Mr. Ron McClure, resident caretaker of Big Canyon Reservoir, 3300 Pacific View Drive, 24 -hours (minimum) in advance of the time when materials must be ordered. I& - - It is agreed that: CITY OF NEWPORT BEACH 0 AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (xx) Single Limit Bodily Injury Liability and Property Damage Liability Combined a each occurrence each occurrence $ 250,000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance, 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Big Canyon Reservoie Residence Addition #2457 Project Title and Contract No.). This endorsement is effective 10-8-84 at 12:01 A.M. and forms a part of Policy No-CA 721358 Named Insured Mike Keliiliki DBA: Spec Builders Name of Insurance Company Pacific National By CERTIF.ICATE OF INSURANCE Page 13 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED Mike Keliiliki DBA: Spec Builders 25041 Earhart Road Hills, Ca. 92653 ` A iy B Pacific National V C iy D ly E r This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the- Insurance Company affording coverage shall prov' a 30 days' advance notice to the City of Newport Beach by ? fy r %istered /ail, attention: Public Works Department. By: 14�Y ffUM'yRW Agency: Millward Insurance Agency, Inc. enraLive Date Issue Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Big Canyon Reservoire Residence Addition 112457 Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. a Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag.Products LETTER - COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY Form Premises - Operations Bodily Injury Property Damage $ $ $ $ Explosion & Collapse Hazard Ix Underground Hazard xComprehensive Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage X Independent Contractors X Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form CA 721358 10 -1 -85 Bodily Injury (Each Person $ B Q Owned $ Bodily Injury (Each Occurrence (] Hired ProUerty Damage Q Non -owned Bodily Injury and Property Damage Combined $ 250 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor and EMPLOYER'S LIABILITY 14 ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the- Insurance Company affording coverage shall prov' a 30 days' advance notice to the City of Newport Beach by ? fy r %istered /ail, attention: Public Works Department. By: 14�Y ffUM'yRW Agency: Millward Insurance Agency, Inc. enraLive Date Issue Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Big Canyon Reservoire Residence Addition 112457 Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR RESIDENCE ADDITION CONTRACT NO. 2457 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Gentlemen: PR 1 The undersigned declares that he has carefully examined the location of the work, -has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 2457 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: QUANTITY ITEM DESCRIPTION TOTAL UNIT PRICE WRITTEN IN WORDS PRICE Lump Sum Construct residence addition and re -roof entire residence and detached double garage @ Dollars and o� Cents U Per Lump Sum TOTAL PRICE WRITTEN IN WORDS: Dollars and Cents $ 27 �CY7 3S6S07 Contractor's L ft . No. & Classification 7 76) — S- S Bidder's Telephone Number 2� Da e �'c Bidder i Authorize Signature /Title Bidder's Address • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In actordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 9- 35i; so9 Contr's Lic. go. & Classification Dat Bidder uthorized Signature /Title • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Suubcontr�acctorrJ Address 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 5,enr-- 17 Bidder ' Authorized Signature /Title . . • . Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Bidder Authoriz d Signature /Ti le • • Page 7 I 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 Authorized Signature /Title a� 'i J R • L05- 079418 r BALBOA INSURANCE COMPANY 620 Newport Center Drive, Newport Beach, CA 92660 PROPOSAL BOND uwOW ALL MEN BY THESE PRESENTS, That we, Spec Builders as Principal, and the BALBOA INSURANCE COMPANY, a corporation under the laws of the State of California, as Surety, are held and firmly bound unto City Of Newport Beach 20% of Bid (hereinafter called the obligee) in the full and just sum of not to exceed Ten Thousand doll arg ($1 n non _ o n ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or suc- cessors, jointly and severally, firmly by these presents. - WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Big Canyon Reservoir House Addition 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. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and effect. Signed and Sealed this 24th day of September 11984 Spec Builders Principal BALBOA INSURANCE COMPANY Attorney -In -Fact Raymond E. Gail L001 R 28 $ \ £ \� 7 ` \ } \\ - { / \# \ e \ / / j » ( \ »IE� ;§ 22 )t«§ � } \\ ` }) \ ( \� Ia ) %E m 22± [ \7 $J 2&. /{ (�\ §E; }(} ■• 44 \ \/ |§Q � J &z [ §(; eE[ ? ) \ \ \ 2 « \ | \ 7� ƒ £ ! 2 q , } § � ® \ \ \ e � o ( : � \ 0 BALBOA INSURANCE COMPANY 0 ' 620 NEWPOR "r CENT FR DRIVE, NEWPORT BEACH, CALIFORNIA 92660 N2 400 POWER OF ATTORNEY VALID GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men hr These Presents, That 13ALBOA INSURANC'F COMPANY, a corporation duly organized and existing under the laws of the State of Calffurttfa, and having its principal office in Newport Beach, Orange County. California, dues by these presents slake, constitute and RAYMOND E. GAIL of— Anaheim and State of California its true and lawful At tortic (s )-fit -Fact, with full power and authority hereby conferred fit its name, place and stead, to execute, acknowled6�e and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) – MAXIMUM PENALTY $250,000.00 OTHER CONTRACT BONDS._- MAXIMUM PENALTY $50,000.00 ALL OTHER BONDS – MAXIMUM PENALTY $10,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1984 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s }in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authortty to appoint any one or more suitable persons as Ailorney(s)- fn -Faci lu MPILWnt and act fill and on behalf of the Company subject to the following provisions: "Section 1. Attoniev -in -Fart. Attorney -in -Fact may be given fill power and authority for and fn the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, connacls, agreements "f iudenmity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in Tact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 25th day of Y1c0rporaled State of California Feb. 6, 1948 ss.: County of Orange BALBOA INSURANCE COMPANY By wq4 On this 25th day of _. C411FORN1a "A ril -,in the year 1984 , before me Patricia B. Balding ,a notary public, personally appeared W. A. Keyworth , personally known to me to be the person who executed the within instrument as Vice President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. t AL SEAL PATRICIA CIA B. BALDING Q IQUY NOTARY PUBLIC - CALIFORNIA Nota Public ORANGE COUNTY Clevest fm Expires Sept. 24, 19115 I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in Iorce and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa hismance Company al a meeting duly called and held on the 24th of Match 1972, and that said resole Uon has not been amended or Iepealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under m hand and the seal of said Company, SEP P. d !ORd y p y, at Newport Beach, California, this day of , 19 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO.� %, _ Secretary L043E183(BIC) a ! NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this day of 19 My commission expires: Bidder Authorized Signature/Title Notary Public BY THE CITY COUNCIL CITY OF NEWPORT BEACH OCT 091984 TO: CITY COUNCIL APPROVED FROM: Public Works Department *October 9, 1984 CITY COUNCIL �AGENDA_� ITEM NO. SUBJECT: BIG CANYON RESERVOIR RESIDENCE ADDITION (C -2457) RECOMMENDATION: Award Contract No. 2457 to Spec Builders for the total price of $27,800, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on September 26, 1984, the City Clerk opened and read the following bids for this project: Bidder Total Price Bid Low. Spec Builders $ 27,800 2. R. G. Construction $ 32,240 The low bid is 11% above the Engineer's estimate of $25,000. The low bidder, Spec Builders,has not performed previous contract work for the City. However, a check with their experience references and the State Contractors' License Board has indicated that Spec Builders (1) has successfully completed similar projects as a general contractor for other Southern California agencies, and (2) has no legal actions pending against their contractor's license, respectively. Contract No. 2457 provides for a 371- square -foot master bedroom and bath addition to the 900 - square -foot caretaker's residence at Big Canyon Reservoir. The existing residence and its detached double garage are also to be re- roofed as a portion of the work. Funds for award are proposed from the following accounts: Description Account No. Amount Enlarge House at Big Canyon Reservior 50- 9297 -177 $25,000 Repairs and Betterments at Reservoir 50- 9284 -003 $ 2,800 The addition plan was prepared by Advanced Drafting Service of Costa Mesa. All work is to be completed by December 15, 1984. a-�Iv vy Benjamin B. Public Works BBN:jw Nolan Director 0 TO: CITY COUNCIL FROM: Public Works Department e ,:I 1 oy) September 10, 1984 CITY COUNCIL AGENDA ITEM NO. F -16 BY THE CITY COUNCIL CITY OF NEWPORT BEACH a ^e. t I , RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on September 26, 1984. DISCUSSION: The FY 1984 -85 budget contains a $25,000 appropriation to provide an addition and repairs to the 900 - square -foot caretaker's residence at Big Canyon Reservoir. The existing residence and its detached double garage were built 25 years ago. Inasmuch as the roofing is original, the entire residence and its garage are to be re- roofed as a portion of the work. The 371 - square -foot master bedroom and bath addition have been designed by Advance Drafting Service of Costa Mesa. All work is to be com- pleted by December 22, 1984. Benjamin B. Nolan Public Works Department LD:jw