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HomeMy WebLinkAboutC-2384 - Big Canyon Reservoir Desilting Basins.` SEW Pp�oT . z. Mayor Evelyn R. Hart Mayor Pro Tem Philip R. Maurer Council Members Bill Agee John C. Cox jr. Jackie Heather Ruthelvn Plummer Donald A. Strauss April 6, 1984 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Capistrano Construction Co. 1353 Miller Street Anaheim, CA 92806 Subject: Surety: The Ohio Casualty Insurance Co. Bonds No.: 2- 277 -045 Project: Desilting Basin at Big Canyon Reservoir Contract No.: C -2384 On February 27, 1984, the City Council 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 March 6, 1984, Reference No. 84- 093516. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen CITY CLERK WEA:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Phase return to: City Clerk City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newly ,jrt CA 92663.3884 No cous"IDEPIAT" SI ppq.m,wM fads B1m f EXEMPT NOTICF, OF COMPI.ETION PUBLIC WORKS 0 Q4- 093516 OF ORANGE comr, '1z39'Al MAR 6'84 A. 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on k'ebtnary 27, 1984., _ the Public Works project consisting oC Desilting Basin at Big Canyon Reservoir.1C- 23841_ on which CApicrrann c'nncrrurtion (n. 1353 Miller Street Anaheim, CA 92806 was the contractor, and The Ohio Casualty Insurance Co. P.0_ Rox 1020, FnllPrrnn_ 92634 was the surety, was completed. CITY- OF NEWPOirT,BFACH rCLPublic Works Dir CIiYir � \ VERIFICATION APR 61984 I, the undersigned, say: � rr+''}�M�I�fI� I am the Public Works Director of the City of Newport Beach; f1ime \� Notice of Completion is true of my own knowledge. \ I declare under penalty of perjury that the foregoing is true and correct. Executed on March 2, 1984 at Newport Beach, California. F*�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 27, 1984 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 March 2, 1984 at Newport Beach, California. Ll March 2, 1984 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK )714) 640 -2251 Attached for recordation are 4 Notices of Completion of Public Works projects consisting of: 1. Oasis Park Grading & 5th Avenue St. Improvement between Jasmine & Narcissus Ave. (C- 2316), on which Gillespie Construction was the contractor and Fireman's Fund Insurance Co., was the surety. 2. Installation of Traffic Signals & Safety Lighting at the intersection of Hospital Road & Placentia Ave. (C- 2376), on which Paul Gardner Corp. was the contractor and United Pacific Insurance Co, was the surety. 3. Storm Drain Improvement Program for 1983 -84 (C- 2380), on which Gillespie Construction was the contractor and Fireman's Fund Insurance Co., was the surety. 4. Desilting Basin at Big Canyon Reservoir (C- 2384);' "on which Capistrano Construction Co. was the contractor and The Ohio Casualty Insurance Co. was the surety. Please record and return to us. Sincerely�,� Wanda E. Andersen City Clerk WEA:lr Attachments (4) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 BY THE CITY COUNCIL CITY OF NEWPORT BEACH FEB 2 71984 APPROVED TO: CITY COUNCIL February 27, 1984 CITY COUNCIL AGEND ITEM NO. I FROM: Public Works Department SUBJECT: ACCEPTANCE OF DESILTING BASIN AT BIG CANYON RESERVOIR (C -2384) 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 desilting basin at Big Canyon Reservoir has been completed to the satisfaction of the Public Works Department. The bid price was $72,415.00 Amount of unit price items constructed 72,415.00 Amount of change orders 231.61 Total contract cost $72,646.61 Funds were budgeted in the Water Fund. One change order was issued which provided for stainless steel ser- vice gate stems in lieu of the plain steel which was specified. The design engineering was performed by the Public Works Department. The contractor is Capistrano Construction Co. of Anaheim. The contract date'of completion was November 30, 1983. The sluice gates and hardware were not received until January 18, 1984. The work was com- ple ed on January 24, 1984. 91 Benjamin B. Nolan Public Works Director GPD:jd CITY OF NEWPORT BEACH V.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 Yptijt u,- 4laI TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: September 21, 1983 SUBJECT: Contract No. C -2384 Description of Contract Desilting Basin at Big Canyon Reservoir Effective date of Contract September 21, 1983 Authorized by Minute Action, approved on Sept. 12, 1983 Contract with Capistrano Construction Co. Address 1353 Miller Street Anaheim, CA 92806 Amount of Contract $72,415.00 Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach j 0 0 S- N O1 O L C U O m L �'O O L C 2] o., rt1 4- U J C 4j •r 4j r- O � � U O rt% al •r L 0 4- t� N 0 -0 M � C C •r y O b V r Q C +� i6 10 N Gl of L C 4G 7 •r N 1 •r C 4- 3 •r — N >> Ol N r � Q N L L r pj y •r O C v E O C N 4� R 4- L O O OJ > G N v O Y L r L /O m4� O 3 G rp 3 ro w i C N E •� N s rt 7 di-` Q E H (V O 4- L U 0 co co O L N E E v ++ CL v N J 0 U Z O H F- U K F- (n Z O U O Z V7 H d Q U i O L C) VI a G >1 c ro v tT m -P 6 d' W C M •r N [o O 2 m 4> ro N C N O O U 0 0 1, CITY CLERK 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 1st day ofS_epte�mbetr , 1983, at which time such bids shall be opened and read for , DESILTING BASIN AT BIG CANYON RESERVOIR Title of Project 2384 Contract No. $100,000 Engineer's Estimate • • \��� • v Approved by the City Council this 8th day of August , 1983 Wanda E. Andersen 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 Stephen J. Luy at 640 -2281. Project Engineer • • PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO. 2384 , , IX11.8A To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this contract in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE Lump Sum Mobilization, clearing and grubbing Five Thousand Nine @ Hundred Ninety -four Dollars and No Cents $ 5,994.00 Lump Sum Excavation and compacted fill Seventeen Thousand One @ Hundred Twenty -three Dollars and No Cents $ 17,123.00 Lump Sum Lump Sum Construct reinforced concrete desilt- ing basin Twenty @ Thirty =nine Thousand One Hundred/ Dollars and No Cents $ 39.120.00 Lump Sum • • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT -TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1 Construct weir gate including crank Each assembly Three Thousand Eight @ Hundred Thirty -eight Dollars and No Cents $ 3,838.00 $ 3,838.00 Each 2 Construct slide gate including crank Each assembly Two Thousand Five @ Hundred Forty-five Dollars and No Cents $ 2,545.00 $ 5.090.00 Each 5 Construct crank arm supports Each @ Two Hundred Fifty Dollars and No Cents $ 250.00 $ 1,250.00 Each TOTAL PRICE WRITTEN IN WORDS: Seventy -two Thousand Four Hundred Fifteen Dollars and No Cents $ $72,415.00 Contractor's License No. 405725 CAPISTRANO CONSTRUCTION CO. Bidder (714) 528 -3890 Bidder's Telephone Number S /Gard A. Johnson, President Authorized Signature /Title • • 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 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. 405725 "A" Contr's Lic. No. & Classification September 1, 1983 Date CAPISTRANO CONSTRUCTION CO. Bidder S /Gary A. Johnson, President Authorized Signature /Title 9 • 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 Subcontractor Address I. Concrete Superior Gunite 12721 Saticoy, North Hollywood 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. CAPISTRANO CONSTRUCTION CO. Bidder S /Gary A. Johnson, President Authorized Signature /Title F0VIGINAL SEE CITY CLERK'S FILE Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, CAPISTRANO CONSTRUCTION CO. , as bidder, and THE OHIO CASUALTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Daci_ltiia Resin at Big�nvon Reservoir 2384 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 1st day of -September , 19 83 (Attach acknowledgement of Attorney -in -Fact) t/Sonia Durnell Notary Public Commission exoires July 5, 1985 CAPISTRANO CONSTRUCTION CO. Bidder S /Gary A. Johnson, President Authorized Signature /Title THE OHIO CASUALTY INSURANCE COMPANY urety By S /John R. Piccini Title Attorney -in -Fact 0 0 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. CAPISTRANO CONSTRUCTION CO. Bidder S /Gary A. Johnson. President Authorized Signature /Title Subscribed and sworn to before me this 1st day of September 1983 . My commission expires: July 5, 1985 S/Sonja Durn-ell Notary Public FOOIGINAL SEE CITY CLERK'S FILE *Y 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. On file with City Clerk CAPISTRANO CONSTRUCTION CO. Bidder S /Gary A. Johnson, President 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. 1983 MAC -WELL CO. R. B. Braswell (714) 528 -3131 1353 N. Miller, Anaheim CAPISTRANO CONSTRU_CT..ION CO. _ Bidder S /Gary A. Johnson, President Authorized Signature /Title N O T I C E Page 8 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 B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provide 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. • PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That BOND NO: 2- 277 -045 Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 12 1983 has awarded to CAPTCTRANQ CONSTRUCTION CO. hereinafter designated as the "Principal ", a contract for Desiltina Basin at Rig_fanyon aacervnir - Contract No. 2384 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 CAPISTRANO CONSTRUCTION CO. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THIRTY SIX THOUSAND TWO HUNDRED SEVEN DOLLARS AND 50 /100 -- Dollars ($ 36,207.50 -------- ), 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 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 0 Payment Bond (Continued) Page 10 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 14th day of SEPTEMBER , 19 83 i proved as to form ity Attorney S IV CAPISTRANO CONSTRUCTION CO:: (Seal) Name of Contractor Principal �v Auihoriz,0 Signature and Title Authorized Signature and Title THE OHIO CASUALTY INSURANCE COMPANY (Seal) Name of Surety _ FULLEPJ(ON, �A 92634 rety i -- .signature ano iitie OT Autnorizea Agent JOHN R. PICCINI Attorney -in -Fact P.O. BOX 2276 COSTA MESA, CA 92626 Address of Agent (714) 966 -1637 Telephone No. of Agent J | f E i § {/ ! §Or: \\ 2§m r> f a � � & \i[ir/ eD 2 { § n =m«,a 7 \ \k ») f(y&iq a /(\(7) 2 k\R&;\ � \ \ \�)� - % § /� \(C) , R r :z E)2)«) � Eq (� zi 90 k ) q } C) \ / �$ / k ) f ( j § o q � CD ( \ § m � ■ BOND NO: 2- 277 -045 Page 11 FAITHFUL 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 September 12, 1983 has awarded to CAPISTRANO CONSTRUCTION CO. hereinafter designated as the "Principal ", a contract for Desilting Basin at Big Canyon Reservoir - Contract No. 2384 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, CAPISTRANO CONSTRUCTION CO. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of SEVENTY TWO THOUSAND FOUR HUNDRED FIFTEEN AND NO /100-- - - - - -- Dollars ($ 72,415.00-- - - - -), 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 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 14th day of SEPTEMBER , 19 83 • Approved as to fo ,;,�� & � City Attorney CAPISTRANO CONSTRUCTION CO. E tie Authorized Signature and Title (Seal) THE OHIO CASUALTY INSURANCE COMPANY (Seal) Name of Surety P.O. BOX 3020 Address of Si PICCINI CA 92634 e'otr Authorized � Attorney -in -Fact P.O. BOX 2276, COSTA MESA, CA 92626 Address of Agent 9714) 966 -1637 Telephone No. of Agent !+ 9 $ / \!\ F [ 7 &2Er»r» 7@\ {kkf )( ®�`fs - x2xGn2 ©° , , *, ( n /5i /2[ •_�_,,, ( \ \k)) /�)f \I ® -rl� k/ }( ;Q }\ �\ \�/ \ ) \ \ 8 & m \ / \ k , ) � 0 � ( k � \ § QD c n _ \ § i q / \ . , r !+ 9 $ / \!\ F [ 7 &2Er»r» 7@\ {kkf )( ®�`fs - x2xGn2 ©° , , *, ( n /5i /2[ •_�_,,, ( \ \k)) /�)f \I ® -rl� k/ }( ;Q }\ �\ \�/ \ ) \ \ 8 & m \ / \ k , ) � 0 � ( k � City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED CONSTRUCTION CO. • CERTIFICATE OF INSURANCE • IES AFFORDING Page 13 (Company A WEST AMERICAN INSURANCE COMPANY Company g Letter OHIO CASUALTY INSURANCE COMPANY r 0 E y 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, tha�lnsurance Company affording coverage shall provide days' advance notice to the City of Newport Beach by registe it attention: Public Works Department. By: Agency: PROFILE INSURANCE BROKERS, INC. Authorize Representative 09 -14 -83 JOHN R. PICCINI 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: DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO: 2384 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. R Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. . ro ucw LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Bodily Injury Property Damage $ $ $ $ A x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations XLW 169774 4 -19 -84 Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ 500 $ 500 x Broad Form Property.Damage x Independent Contractors x Personal Injury Marine Personal Injury $ 500 Aviation A AUTOMOTIVE LIABILITY C7x Comprehensive Form Owned XYW 169774 4 -19 -84 Bodily Injury (Each Person) $ $ Bodily Injury (Each Occurrence 0 Hired Pro ert ama e Non -owned BE i y Injury and Property Damage Combined $ 500 B EXCESS LIABILITY © Umbrella Form ❑ Other than Umbrella Form XEO 169774 4 -19 -84 Bodily Injury and Property Damage Combined $ 1,000 $1,000 A WORKERS' COMPENSATION and EMPLOYER'S LIABILITY XWW 169774 4 -19 -84 Statutory 1,000 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, tha�lnsurance Company affording coverage shall provide days' advance notice to the City of Newport Beach by registe it attention: Public Works Department. By: Agency: PROFILE INSURANCE BROKERS, INC. Authorize Representative 09 -14 -83 JOHN R. PICCINI 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: DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO: 2384 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. R • • 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 R each occurrence each occurrence $ 500,000. 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: DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO: 2384 Project Title and Contract No.). This endorsement is effective 09 -12 -83 at 12:01 A.M. and forms a part of Policy No. XYW 169774 Named Insured CAPISTRANO CONSTRUCTION CO. ndorsement i Name of Insurance Company WEST AMERICAN INSURANCE C4. By A ., orized Representative R. PICCINI • . Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability W Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence 500,000. each occurrence 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: DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO: 2384 Project Title and Contract No. This endorsement is effective 09 -12 -83 Policy No. XLW 16 9774 Named Insured at 12:01 A.M. and forms a part of Name of Insurance Company WEST AMERICAN INSURANCE GO E ea KepreserKative R. PICCINI • 0 Page 16 CONTRACT THIS AGREEMENT, entered into this V�� of 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City," d Capistrano Construction co. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Desiltinq Basin e Reservoir 2384 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: iltina Basin at e 2384 ontract 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 Seventy Two Thnusand Pour Hundred and Fifteen Dollars ($72,415.00 )• This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • . Page 17 (f) Plans and Special Provisions for Desilting Basin at B_ig Canyon Rerervnir Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage 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. ATTEST: APPROVED AS TO FORM: k .,�►; CITY OF NEWPORT BEACH CAPISTRANO CONSTRUCTION CO. Contractor By cz- Its By Its CITY CONTRACTOR . • SP 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO. 2384 SCOPE OF WORK The work to be done under this contract consists of constructing a desilting basin and other incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. D- 5144 -S (3) the City's Standard S ecial Provisions and Standard Drawin s for Public Works Construction 982 Edition and the Standard Specifications for Public Works Construction (1982 Edition), including 1983 supplements. opies of the Standard Special Provisions and Standard Drawings may be pur- chased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. TIME OF COMPLETION The Contractor shall complete all work by November 30, 1983. The Contractor shall complete all work within forty -five (45) calendar days following commence- ment of the specified work. III. PAYMENT The unit price bid for each item of work shown on the proposal shall be con- sidered as full compensation for all labor equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for all items of work not separately provided for in the proposal shall be included in the prices bid for other items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Govern- ment Code Sections 4590 and 14402.5. IV. WATER The Contractor shall make provisions for obtaining and applying water necessary to perform his work. If the Contractor elects to use City water free of charge, it shall be his responsibility to make arrangements by contacting the City's Utilities Superintendent, Mr. Gil Gomez at (714) 640 -2221. V. CONSTRUCTION SURVEY STAKING SP2of2 Field staking for control of construction will be provided by the Engineer. VI. EARTHWORK This work shall be performed in accordance with the applicable requirements of Subsection 300 -6 of the Standard Specifications. Section 300 -6.1 "General'! of the Standard Specifications shall be deleted and the following added: Earthwork for desilting basins shall include clearing, excavation, fill, back - fill, grading, and disposal of undesirable material. VII. SURFACE AND GROUNDWATER Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the lower reaches of the storm drain channel. VIII. WEIR GATE AND SLIDE GATE A. General The gates shall be Waterman R -5F -Y self- contained, with yoke and bench stand operators, flatback, non - rising stem, constructed with galvanized steel. All bolts, nuts, washers, guide angles, anchor bolts, couplers, stem, and crank arm assembly shall be made of galvanized steel. B. Installation of Gate Installation of the gate shall be in conformance with the manufacturer's instructions. Contractor shall make all necessary adjustments after instal- lation to insure proper seating of the gate. IX. EQUIPMENT AND MATERIAL STORAGE The Contractor may store materials and equipment in an orderly manner at the Big Canyon Reservoir site. If the contractor elects to use Big Canyon Reservoir site as a storage area it shall be his responsibility to make arrangements by contacting the City Utilities Superintendent, Mr. Gil Gomez at (714) 640 -2281. X. CONCRETE Concrete for basin slabs and walls shall be class 560 -B -3250, or shotcrete (method B), as specified in Standard Specifications Sections 201 -1 and 303 -2, respectively. XI. EXCESS MATERIAL The contractor shall transport, grade and compact excess fill material at the site for excess material, shown on the front page of the plans, at the Engineer's direction. ! • TO: CITY COUNCIL FROM: Public Works Department September 12, 1983 CITY CO.VL AGENDA ITEM N0. BY THE CITY COUNCIL CITY OF NEWPORT BEACH SUBJECT: DESILTING BASIN AT BIG CANYON RESERVOIR (C -2384) S EP 12 1983 RECOMMENDATION: Award Contract No. 2384 to Capistrano Construction Company for $72,415, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on September, 1983, the City Clerk opened and read the following bids for this project: Bidder Amount Bid Low Capistrano Construction Co. $72,415.00 2 Nadar, Inc. *73,330.00 3 Superior Gunite Co. 79,600.00 4 Gillespie Construction Co. 88,500.00 5 Fleming Engineering Company 89,493.80 6 Clarke Contracting 93,000.00 7 R & D Stones Construction Co. 93,600.00 8 J. Harris Construction 95,660.00 9 Taylor Shafer Inc. 96,250.00 10 Challenge Engineering 96,300.00 *Corrected bid total is $73,230.00 The low bid is 27.6% below the Engineer's estimate of $100,000. The disparity between estimated and bid amounts is attributed to an intense competition among contractors caused by scarcity of work. Adequate funds are available in the current appropriation for Construct Desilting Basin at Big Canyon Reservoir, Account No. 02- 4197 -246. This project provides for the construction of a desilting basin adjacent to the Big Canyon Reservoir site. The desilting basin will be utilized when City forces pump accumu- lated silt from the reservoir floor during periodic cleaning operations. The desilting basin will otherwise serve as a lined drainage channel to control erosion during rainstorms. 0 E Page 2 Subj: Desilting Basin At Big Canyon Reservoir (C -2384) September 12, 1983 Capistrano Construction Company, the low bidder, 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 Capistrano Construction Company (1) has successfully completed projects of a different nature for other Southern California agencies, and (2) has sus- tained no actions detrimental to their contractor's licenses. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is November 30, 1983, )aw pap Benjamin B. Nolan Public Works Director SJL:rb • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DESILTING BASIN AT BIG CANYON RESERVOIR CONTRACT NO. 2384 • IX61.1p To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this contract in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Mobilization, clearing and grubbing @�aY2 �� on--� �n�, ,� Dollars and Cents co $ Lump Sum Sum 7- 2. Lump Sum Excavation and compacted fill 6�7Q Dollars and ,,o Cents $ 1 lT Z 3 .— Lump Sum 3. Lump Sum Construct reinforced concrete desilt- ing basin (� @'.�Y�.�., ILi o�.�� (�qo Dollars and a � I_ Cents �o $_3� f Z� .— Lump Sum • • PR 1.2 ITEM QUANTITY 17R DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 Construct weir gate including crank Each assembly @ Dollars and qqq .�o ,_Qe ►j - _ Cents $ 38 P $ -,6 SSSAAA EachT 5. 2 Construct slide gate including crank Each assembly @—d ,,,,, -!j Dol l ars and Cents $ 'Z,545; —°$ D, h U Eric 6. 5 Construct crank arm supports Each @ f(_� �q Dollars U and Cents Each TOTAL PRICE WRITTEN IN WORDS: Contractor's License No. 405725 (714) 528 -3890 Bidder's Telephone Number Septmeber 1,1983 Date liars _71Z. 4t5- and I ents $ $ qrc s CAPISTRANO CONSTRUCTION CO. Bidder {� 1. QX- AuthortlecT-Si ure /PAM�evit Gary A. Jo on, 1353 Puller Street, Anaheim, CA.92806 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 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. of the California Labor Code for all apprenticeable occupations. 405725 "A" Contr's Lic. No. & Classification September 1,1983 CAPISTRANO CONSTRUCTICA 00, Bidder Auth ized SLiq atur / itle Gary A. Johnso , President 1 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work n/ Subconft.-jr /acto —r/ //pj� AddrrreeF /$ $/ /�,J y/+_ 1. /'l2i A<_fUli J i.i� /� ✓./T /'w .T/ 11 _77Tl /R:% 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. CAPISTRANO CONSTRUCTION CO. Bidder —d" l CL Au rized Aigna I re!Tit e Gary A. JEKnsonl President I If J � I E ) c § q \ rri )i � q k § ■ 2 !z @ \\§ \401D m01 �\(8,10m ,- ƒ C: z}y &E; { _0 a ,2& : {) \ID E( \(2} ` ®` MWH1 { !§ = ' |( \[ /)} } * »&2«V!z ; ® g §! k z! - ;22 2 §, 0 ! § :e n;_ :e $) m• a , • : ,\{,!- nr& := R E �q■, -. c ; �i \: & � (\ k \� 1! \ ƒ ° )2[�� \ } =tjM 0 2 $ CL: �� °<0 ° ! ƒ.m ( / ■q ts \ rri )i � q k § ■ t 0 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, CAPISTRANO CONSTRUCTION CO. • Page 4 as bidder, and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10% of amount bid Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Desilting Basin at Title c Reservoir 2384 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 1 day Of q;-_pJ.PmlhPr , 1%a. (A t acknowledgement of A orney-in_ Fact) I C� otary Public Commission expires FOFFICIAL SEAL SONJA DURNELL By NOTARY PUBLIC � CALIFORNIA NOTARY BOND FILED IN ORANGE COUNTY Title My Commisslon Explms July S. 1985 e M.4 AuthbrSzed $,i atur'e /Title Gar A. Jo son [President Surety Att rney -in�F 0 CASUALTY INSURANCE CO. JOHN PICC I • • 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 1st day of September 19 83. My ommissi OFFICIAL SEAL SONJA DURNELL `® NOTARY PUBLIC -CALIFORNIA NOTARY 80NO FILEO IN ORANGE COUNTY My COMMIS610n Explres July 5, 1985 CAPISTRA140 CONSTRUCTION CO. Bidder Gary A. e President G� o� otary Public 0 9 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. CO Adtnori a 5ignatare /rule Gary A, J son,( President t� t 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 1983 MAC —WELL CO. R.B.Braswell (714) 528 -3131 CAPISTRANO CONSTRUCTION CO. Hutnoriz WS1gn ur`e /Title Gary A. Johnson President n L Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange p ehc None Am,Mulne covxea by mm emdewt 1. Mt In 7 point with to pme Column width I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Desilting basin at big f'.lny'nn YPSeTV4ii CITY OF NEWPORT BEACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one R��1+R4N74 7tdaxNtOstA� issue(% of August 10 3 _. 198.._.— 198 198 _ 198_ _.— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 10 198— 3 at Costa Mesa, California. Signature 0 PIS NOTICE - Dfda - Norblftt e sealed :mr ayba 'be reo elyed at Rof ici _96 :.1Jty hn 33Do N Beach, CA 9 4:ObOLM, MYthe let day. 1961, at which time we de.ahail be ooedid and rrlahale, 47W,ee9. APProyed by a city Council this 81h day of ugual 1983. vasepective bidders mey;:oDtqIn 1e set of bid of the nta al fit GDst the office of the �Pubac W�rk9 apartment, 3300 Newport )ulevard, Newport . Beach: f.Ca. For furlhar; Worarq&Mgv. call ephori luy, Proloc , a'Inear at 4.2281 Wanda Euj;i,n4eraen fly Gerk: .. ,.. PROOF OF PUBLICATION :145 y ��5 TO FROM SUBJECT CITY COUNCIL By THE CITY COUNCIL CITr OF NEWPORT BEACH AUG 0 81983 O ,== Public Works Department August 8, 1983 CITY COUNCIL AGENQA ITEM NO. DESILTING BASIN AT BIG CANYON RESERVOIR (C -2384) 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 1, 1983. DISCUSSION: The project provides for the construction of a desilting basin adjacent to the Big Canyon Reservoir site. The desilting basin will be utilized when City forces pump accumu- lated silt from the reservoir floor during periodic cleaning operations. The desilting basin will otherwise serve as a lined drainage channel to con- trol erosion during rainstorms. The Engineer's estimate for the work is $100,000. Adequate funds are available in the current appropriation for Desiltino Basin at Bic Canvon Reservoir. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is November 30, 1983. c Nol': Cam/ Beni an Public Works Director SJL:jd