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HomeMy WebLinkAboutFreeman General; 1982-04-06; 1114CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for RECOATING OF ELM RESERVOIR '1.5 MILLION GALLON TANK INTERIOR COATING SYSTEM CONTRACT NO..1114 JANUARY, 1982 TABLE OF CONTENTS ITEM PAGE t NOTICE INVITING BIDS 1 PROPOSAL 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL 8 DESIGNATION OF SUBCONTRACTORS 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 12 CONTRACT 13 LABOR AND MATERIAL BOND 16 PERFORMANCE BOND 18 GENERAL PROVISIONS ' 19 SPECIAL PROVISIONS '23 1200 ELM AVENUE pf \Sjg/ !i TELEPHONE: CARLSBAD, CALIFORNIA 92008 V\Jr\ffj!''l (714)438-5621 Citp of Cartebab JANUARY 18, 1982 TO: PLANHOLDERS FROM: VICKI BURKIN SUBJECT: RECOATING ELM RESERVOIR - CONTRACT NO. ADDENDUM NO. 1 tn. <• > There will be a pre-job tour of the reservoir on Wednesday, January 27, 1982 at 9:00 a.m. If you wish to attend this inspection, please be present at the job site. The reservoir is located on Elm Avenue just east of Donna Drive and can be reached by exiting the freeway on Elm and heading east to the end of Elm. Vicki Burkin Engi neer ing CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS ORIGINAL Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4=00 PM on the 4th day of February , 19 82 at which time they will be opened and read for performing the wor.k as follows: RECOATING OF ELM RESERVOIR 1.5 MILLION GALLON TANK INTERIOR COATING SYSTEM - CONTRACT 1114 Said work shall be performed in strict conformity with the specifi- cations therefore as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to said specifications for full particulars and description of said work. No bid will be received unless it is made on a proposal form fur- nished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of bid; said guarantee to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid requirements. The bidders' security of the second and third lowest responsive bidders may be withheld until the contract has been fully executed. The cash,, cashier's checks or certified checks submitted by all other unsuccessful bidders shall be returned to them within ten (10) days after the contract is awarded, and their bidders' bonds shall be of no further effect. The documents included within the sealed bids which require com- pletion and execution are the following: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience Said documents shall be affixed with the appropriate notarized signa- tures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the president or vice-president and secretary are required and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership, the notarized signature of at least one general partner is required. Page 2 All bids are to be compated on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. The estimated cost of the work is $25,000 No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the proposal. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors for the first set. Additional sets are available for a non-refundable fee of $7. $0 '_ per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or" informality in such bids. The general prevailing rate of wages for each craft or type of v/orker needed to execute the contract shall be those as determined by the Di- rector of Industrial Relations pursuant to the .State of California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773-1. Pursuant to Section 1773-2 of said Labor Code, a current copy of appli- cable wage rates is on f5 l.e in the Office of the City'Clerk of the City of Carlsbad. It shall be mandatory upon the contractor to whom the contract is award- ed to pay not less than the said specified prevailing rates of wages to all workers employed by him/her in the execution of the contract. The contractor shall comply with the provisions of Section 1773-8 of the California Labor Code with regard to travel and subsistence payments. Also, the prime contractor shall be responsible to insure compliance with the provisions of Section 1777-5 of the California Labor Code of the State of California' for all occupations with apprenticeships as re- quired on public works projects above thirty thousand dollars ($30,000) or twenty (20) working days or for specialty contractors not bidding for work through a general or prime contractor involving more than two thousand dollars ($2,000) or more than f.ive (5) working days. The amount of bond to be given for the faithful performance of the con- tract for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond^frT^en amount equal to fifty per- cent (50%) of the contract price for/slad work shall be given to secure the payment of the claims for any ma\e_rj^f or supplies furnished for the performance of the work contracted to be done by the contractor for any work or labor of any kind done thereon. Partial and final payments on this contract shall be in accordance with Section 9 of the 1979 edition of "Standard Specifications for Public Works Construction". Page 3 The Contractor may, at his/her option, substitute securities, as specified by Government Code Section 163^0, for the retention held on this contract. At the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a state oc' federally chartered bank as the escrow agent who shall pay such monies to the Con- tractor upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest on the monies. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 6750 > adopted on the •5th day of January , 19 82 . ,.^A_yys~ir±o~_^/\_. i/\ V^LLSU^-^KJ^^VT- , Aletha L. Rautenkranz, City Clerk } CITY OF CARLSBAD CONTRACT NO. 1114 Page 4 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 PROPOSAL Ofi'lG'/M/a The undersigned declares he/she has carefully examined the location of the work, road the Notice Inviting Bids, examined the Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1114 in accordance with the Specifications of the City of Carlsbad, and the special provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Iten Article w/Unit Price or No. Lump Furn Written in Words 1 1.5 million-gallon tank interior coating system at Dollars Cents Approximate Quantity & Unit Lump S utn TOTAL it" :*__wt .iu**MnttiifflC. per lump sum. Addendum(a) No(s). is/are included in this proposal, has/have been received and Page 5 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this propo.sal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. ^tfX^J^Xcm^ i The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the re- quired contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No. Identification <*~~~^J> The undersigned bidder hereby represents as follows: 1. That no Councilperson, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part of hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is JDC? /VjP (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 6 The undersigned i's aware- of the provisions of Section 3700 of ther ••"'- Labor Code which require evary employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. .f The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general pre- vailing rate of wages for each craft or type of worker needed to execute the contract and agrees to coraply with its provisions. Phone Number Z- ' Date Bidder's Address Bidder's Authorized Signature .Authorized Signature Typ'e of Organization (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) •airfgvr » tr*^ feClSAL STATE OF CALIFORNIA . COUNTY OF San Diego 1 'Pn-March 18. 1982 > SS. before me, the undersigned, a Notary Public in and for said County and State, personally appeared***Gregg Freeman**** -~ tw O • _whose name.isto be the person. within instrument and acknowledged that same. , known to me subscribed to the ne executed the SAFECO FOR NOTARY SEAL OR STAMP f,-OTAffv ->3r-c - CALIFORNIA S.v! 0!"GO CO'-'fiTY STATE OF CALIFORNIA, COUNTY OF SAN DTROO . SS. On.; 3 / ,<,.. ^ ... . ,_,. ( , before me a Notary Public, within and for the said County and State, personally appeared P C.KAUST .known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the AMWEST SURETY INSURANCE CO., and acknowledged to me that he subscribed the name of the ANJWEST SURETY INSURANCE CO. thereto as Surety, and his own name as Attorney-in-Fact.' i£5S2K~Tri??I3CK3CTE:le!«rw^mi-,—~~~ 08 1-77 1M JUDITH C. SHIVELT jd NOIA8T PUSLIC • CAUFOiJNIA S PRINCIPAl OFFICE IN fe SAN OIHGO COUNTY Rj M/ Commission Expires May 20, 1533 jfl / NOTARYjtJBL.IC ^"""% Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, f~K<?_*K«ti>S_ (tt*s,-**<£.L » as Principal, and /?<". :/^Ti^^~f~l £~ffi3/?^-f .,•" /AJ - ^-tV ' » as Surety, are held and firmly bound unto the City7of Carlsbad, California, in the sum >•" &f ~\of /"isyy/::><£~l'>Ccirt7~(./O'vi &/~ S//c? /?/fio£//\/T~ ^BfQ /// Dollars ($ - — - — /*fc? %?---—)>lawful money of the United States for the pay- ment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: RECOATING OF ELM RESERVOIR 1.5 MILLION GALLON TANK INTERIOR COATING SYSTEM - CONTRACT NO. 1114 in the City of Carlsbad, is accepted by the City Council of said CT~* \ City, and if the above-bounden Principal shall duly enter into and «L „. ^ execute a contract including required bonds and insurance policies "^ * ? within twenty (2.0) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified'of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event 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'und'er this bond, IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 2 - J , Corporate Seal (If Corporation) Principal By Title (Notarial acknowledgement of execution by all PRINCIPALS and (Attach acknowledgement of SURETY must be attached.) Attorney in Fact) AHHWEST SURETY I^SUBAKCE CmiPAFiY LOS ANGELES, CALIFORNIA BOND NUMBER: BID DATE :PREMIUM: BBSU KNOW ALL MEN BY THESE PRESENTS, That ........................................................................................................................................... (hereinafter called the Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of ...... f£.,f.$.j[.l..T..£.£..}3'.l..&. ............ •. _ . (hereinafter called the Surety), as Surety, are held and firmly bound unto ...... X.5..C ....... .^..'..XX- ........ {?.IITI7. .......................... (hereinafter called the Obligee) in the penal sum of ....... ~^L.^.^..^. ................. .percent ( ........ jjQf ................. .%) not to exceed jC4.<.'S,.e» ........ ZrLo.Vfc^.^JaflL; ........ jfit.nwft^. ........... C2.Q..J/.L&.&. ............... Dollars ($....3y..<2O.£?....:~7. ........ ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for .../tet.cci.fl.'n'. ............ &../..<£v. ........ U.^^..e.'T..U'..<f..(..^. ................................... — NOW, THEREFORE, if the Raid 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 perfor- mance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise remain in full force and effect. SIGNED, SEALED AND DATED this J>. day of L.f~.!?.. ,19. (7/78) AMWEST SURETY INSURANCE CO. 6301 Owensrnouth Avenue Woodland Hills, Ca 91367 (213)704-1111 N2 18320 KNOW ALL MEN BY THESE PRESENTS. TLu CORPORATION does hereby make, constitute arv:i .\r-x-y- SURETY INSURANCE CO?.'. PA NY, A CALIFORNIA ANDY FAUST— P.C. FAUST— JOHM °- HILTON— J,F. HM..TON— ARTYCE "cGUIRE— S.G. HEFLIN JOANNE BURDETTE— ELAINE f.'GSS— THAC! ROTHW^LS.— JOY ASHfv1Of!i£— REGAN D. JAMES its true and lawful Attorney(s)-in-Fact, with fun power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company •!:.-- -riao if a seal is required, bond-;, undertakings, recognizances or other written obligations in the nature thereof, as follows: CONTRACT, LICENSE. PERMIT, MISCELLANEOUS, COURT BONDS, TO $250,000.00 and to bind AMWEST SURETY I?.'": ijr'AK;CE COMPANY thereby, and nil of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is mode under and by authority of the following provi- sions of the By-Laws of the company, which are now in full force and effect: Article III, Section 7 «f ;h» By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is seined and sealed by facsimile under and by the authority of the following resolutions adop- ted by the board of director oi A.V.'.YSIST SURETY INSURAMCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president, in conjunction with the secretary or any assistant secre- tary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in t:jch case, for and on bi.-half of t!i-;> company to execute and deliver and affix the seal of the com- pany to bonds, undr-rtnkinov recognizances, and suretyship obligations of all kinds; and said officers may remove any such a;ic;nty-in iact or -.--;•,:.•,: >;:;;; revoke any power of attorney previously granted to such person. RESOLVED FURT HER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president or any vice-president or secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duiy executed ar.ci siiaiixi (if a seal be required) by on" or more attornnys-in-fact or agents pur- suant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or person?. RESOLVED FURTHER That the signature of any authorized officer and the seal of the company may be affixed by facsimile to any pov.er of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so usud snail h;1v-; the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 1st _ day of__M§Z _ 19 °* . MWEST SURETY INSURANCE COMPANY President Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss On this.1stday of.May A.D., l£i_, personally came before me Richard H. Savage and Marg£ Schneider to me known to be tne individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board o'f directors of said corporation. OFFICIAL SEAL JANICE DRUEZ NOTARY PUBIIC CAUfORNIA PRINCIPAL OFHCE IN LOS ANGB £S COUNTY My Commission [xp. Ian 6. 19$4 (SEAL) Notary Public STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of the company and the Resolutions of'the board of directors set forth in the Power of Attorney, are now in foice.r i Siqned and sealed at. AW-2 this._ day of Secretary DifMMAI Page 8nlbirlAL DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, *and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following infor- mation is required for each subcontractor. Additional pages can be attached, if required: Full Complete Items of Company Address Phone No. Work Name w/Zip Code w/Area Code Page 9 DESIGNATION OP SUBCONTRACTORS - continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Type of State Carlsbad Amount Contracting Business of Full Company Name License & No. License No.* Bid ($ or %) *Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. Bidder s Company Name (Notarize or Corporate Seal) />. o, /3<?* / Bidder s Complete Address .-•''* _~^/r\ ; r ^ ^^ Authorized Signature Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. ATT/9 Signature (Notarize or Corporate So.al) Automated BookkeepL^ and Tax Service F[ 008 ' 714-434-6087 1241 Elm, Suite D H Carlsbad, CA 92008 ' January 26, 1982 THE ACCOMPANYING BALANCE SHEET OF FREEMAN GENERAL AS OF DECEMBER 31, 1981 HAS BEEN COM- PILED BY ME. A STATEMENT OF CHANGES IN FINANCIAL POSITION FOR THE PERIOD ENDED DECEMBER 31, 1981, HAS NOT BEEN PRESENTED. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES REQUIRE THAT SUCH A STATEMENT BE PRE- SENTED WHEN FINANCIAL STATEMENTS PURPORT TO PRESENT FINANCIAL POSITION AND RESULTS OF OPERATIONS. A COMPILATION IS LIMITED TO PRESENTING IN THE FORM OF FINANCIAL STATEMENTS INFORMATION THAT IS THE REPRESENTATION OF OWNERS. I HAVE NOT AUDITED OR REVIEWED THE ACCOMPANYING FINANCIAL STATEMENTS AND, ACCORDINGLY, DO NOT EXPRESS AN OPINION OR ANY OTHER FORM OF ASSURANCE ON THEM. Sue Gibson FREEMAN GENERAL ' J r BALANCE SHEET DECEMBER 31, 1981 UNAUDITED - FOR INTERNAL USE ONLY ASSETS CURRENT ASSETS CASH IN BANK - BOA $ 9,917.00 CASH IN BANK - SECURITY 869.00 CASH IN BANK - PAYROLL 98.00 DEPOSITS 1,380.00 ACCOUNTS RECEIVABLE 47,000.00 TOTAL CURRENT ASSETS $ 59,264.00 PROPERTY & EQUIPMENT - Schedule (1) Trucks & Autos - Estimated Value 79,771.00 Equipment - Estimated Value 117,422.00 Office Furniture - Estimated Value 1,637.00 TOTAL PROPERTY & EQUIPMENT $ 198,330.00 TOTAL ASSETS g_258,094.00 LIABILITIES CURRENT LIABILITIES PAYROLL TAXES PAYABLE $ 4,676.00 ACCOUNTS PAYABLE - Schedule (2) 25,488.00 NOTE PAYABLE - SECURITY 12,500.00 NOTE PAYABLE - 81 CHEVY TRK .3,494.00 TOTAL CURRENT LIABILITIES $ 46,158.00 LONG-TERM LIABILITIES • NOTE PAYABLE - 81 CHEVY TRK • 4,468.00 CAPITAL GREGG FREEMAN, CAPITAL $ 103,734.00 ' , CRAIG FREEMAN, CAPITAL 103.734.00 TOTAL CAPITAL - 207,468.00 TOTAL .LIABILITIES AND CAPITAL $ 258,094.00 FREEMAN GENERAL SUPPORTING SCHEDULE (1) December 31, 1981 r Autos & Trucks 1962 Dodge Truck 1973 Chevrolet Pickup 1972 Porshe 1975 Jacquar Semi truck, trailer and Dodge Boom Truck 1981 Chevy 4 WD Pickup 72 Dodge Motor Home 1981 Chevy 4x4 Pickup Date Acquired 1-2-80 1-2-80 12-17-80 12-6-80 6-81 6-81 6-81 3-81 $ 3,092.00 5,500.00 3,514.00 7,047.00 24,000.00 10,000.00 12,000.00 14,618.00 $ 79,771.00 Office Furniture 8-80 $ 1,637.00 Continued FREEMAN GENERAL SUPPORTING SCHEDULE (1) December 31, 1981 Date EQUIPMENT Acquired Miscellaneous tools 1-80 Spray Equipment 1-80 Hose, Nozzles, Misc. 1-80 Sandblast hoods - 1-80 Bridge planks 1-80 Cable grabs 1-80 Sky Climber 1-80 Compressor - Diveles 40 • 1-80 Compressor Binks 1-80 Sandblast pot 1-80 Sandblast pot 1-80 Staging Equipment 1-80 Spiders 1-80 Airless Sprayer 1-80 Air Hammer 1-80 Sandblast pots . 1-80 900 CFM Compressor 1-80 Hose " 7-80 Hose 7-80 375 CFM Compressor 7-80 Miscellaneous equipment 8-80 Hose 9-80 Pump - 11-80 Staging . 10-80 Hose 10-81 Tow Bar 6-81 12 rolls cable 1981 Sandblast hood - 1981 Sandblast hoses 1981 Painting equipment - Spray Guns 1981 Painting equipment - Hose for Spray Equipment 1981 Painting equipment - Air Mixers 1981 Tank Staging 1981 (6) Traffic Beacons 1981 100 Cones 1981 Stands 1981 Light Board 1981 Light Trailer 1981 2 Generators 1981 6 Lights 1981 800 ft. Electrical Cord 1981 1,531.00 2,151.00 1,812.00 967.00 4,858.00 265.00 1,325.00 1,883.00 471.00 1,767.00 442.00 1,855.00 3,092.00 566.00 58.00 599.00 30,000.00 300.00 628.00 18,000.00 9,174.00 406.00 3,844.00 547.00 892.00 689.00 2,500.00 1,500.00 1,800.00 3,000.00 1,500.00 800.00 3,000.00 2,400.00 1,500.00 800.00 2,000.00 4,000.00 3,500.00 500.00 500.00 Total Equipment $ 117.422.00 FREEMAN GENERAL SUPPORTING SCHEDULE (2) December 31, 1981 ACCOUNTS PAYABLE - DECEMBER 31, 1981 Automated Bookkeeping & Tax Service ZZZ Sanitation Bill Anderson Tire Monterey Sand Company Frazee Paint KTA-Tater Associates Visa - AUCO Rancho Auto Supply Shadle, Hunt & Hagar Kelly-Moore Paint Traffic Safety Services R & D Sweeping Vista Equipment Rentals Visa - First Interstate Bank » 500.00 128.00 46-0.00 2,859.00 12,931.00 148.00 1,804.00 630.00 30.00 19.00 4,500.00 280.00 29.00 1,170.00 $ 25,488.00 Page 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she-has successfully performed and give references, w'ith telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. 79 _ X^^ OS* -fact- jSf£~ yy/^sJ? *-<*^<>M/07f,*:* J* /* '' f T . f ' ' / cY •-L (Notarize or Corporate Seal) •~- -, CONTRACT THIS AGREEMENT, made and entered into this jt ^ day of flf ({( j, 19 %2 , by and between the City of Carlsbad, California, hereinafter designated at "CITY", party of the first part, and hereinafter designated as "CONTRACTOR", party of the second part. ; WITNESSETH: The parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Contractor agrees with the City to furnish all materials and labor for: RECOATING OF ELM RESERVOIR 1.5 MILLION GALLON TANK INTERIOR COATING SYSTEM - CONTRACT NO. 1114 and to perform and complete in a good -workerlike manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (except such materials, if any, as in the said specifications are stipulatd to be furnished by City), and to do everything required by this agreement and the said plans and specifications. %»,..• 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unfore- seen difficulties which may arise or be encountered in the prose- cution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension of discon- tinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully com- leting the work and the whole thereof, in the manner shown and de- scribed in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant 'to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Contractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors and «« " assigns, do hereby agree to the full performance of the covenants "%*»•• herein contained. J n ° 8 E U Vj t I \J*<L Page 13 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and speci- fications, are hereby incorporated in and made a part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the con- tract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage., injury and liability, howso- ever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of respon- sibility for negligence. 7. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by the Contractor. 8. The Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Con- tractor has no workers' compensation insurance policy covering the subject matter of this contract, then Contractor shall either: 1. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or 2. Shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and descrip- tion which would otherwise be covered by such workers' compen- sation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned in Paragraphs 7 and 8 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof may be settled by arbitration in accordance with the construction industry rules of Page the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 11. The prime contractor shall maintain and make available to the City of Carlsbad, upon request, records in accordance with Sections 177& and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the contractor does not maintain the records at his/her principal place of business as specified below, he/she shall so in- form the City of Carlsbad by certified letter accompanying the return of this -contract. The contractor shall notify the City by certified mail of any change of address of such records. • , IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF CARLSBAD, CALIFORNIA Contractor (Seal) Principal Place of Business ^Tu Title NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF ALL PRINCIPALS MUST BE ATTACHED STATE OF CALIFORNIA ) ^ Attached to Recoating Elm Reservior COUNTY OF. ......... Saix Diego ...................... J Contract #1114 Document On ..... April-l.-19.8iZ ...................... -, before me, the undersigned, a Notary Public in and for said State, personally appearedr Gregg freeman ......................................................................................................................................... known to rne to be.a...g««rral...&artner .............................. of the partners of the partnership that executed the within Instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ................ J^j.!^. (Seal) «»«*•••«•»««••••••••*•»•••••»• (Notary Public's Signature) CALL J ....... Theresa. Simmons * (K^z - Typed or Printed) * Notary Public in and for said State My C&:,,;;; - . 5297 MIS 3SOO IO-63* 25 Partnership Notarial Acknowledgment pwsnsji / ORIGINAL Page 15 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No . g g & / adopted /Wfl£CH 2, _ has awarded to /^K&^/MAM &£&&&&{.„ _ , hereinafter designated as the "Principal", a contract for: RECOATING OF ELM RESERVOIR 1.5 MILLION GALLON TANK INTERIOR COATING SYSTEM - CONTRACT NO. 1114 in the City of Carlsbad, in strict conformity with the drawings and specifications and Bother contract documents on file in the Office of the City Clerk. 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/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter .set forth: NOW, 'THEREFORE, WE Fr&CM**. £><?„<-,*! as Principal, hereinafter designated as Contractor, and /)mu.*<3V-r < ..-^ -ry /-i -s uxv*^-^ ^.^^pst* Y _ as Surety, are held firmly^ bound unto the City of/CarLsbad in the sura of fjt-^-f TL,,-;^ r foe.-*- %- Dollars ($ '< "Ji. said sum being fifty pe'r cent (50%) of the estimated amount payable by the City of Carlsbad 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, iointly and severally, - firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/ her subcontractors fail to pay for any materials, provisions, pro- vender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. Page 16 This bond shall inure to the benefit of any and all persons, com- panies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Jontractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed, by the Contractor and Surety above named, on the % 2_ day of { rl~> . 19 (Notarize or Corporate Seal for each Signer) Contractor •r- •• nr >. -. • •*«, |U r\ I u t.' 1»\L-w a STATE OF CALIFORNIA, COUNTY OF.bAN..JjLEGQ.-... ss. , before me a Notary Public, within and for the saidQn m _. County and State, personally appeared P C.FAUST to me to be the person whose name is subscribed to the within instrument as the Attomey-in-Fact of and for the AMW EST SURETY INSURANCE CO., and acknowledged to me that he subscribed the namp of the AMWEST SURETY INSURANCE CO. thereto as Surety, and his own name as Attomey-in-Fact ASI.1 08 > 1 ! >M OFFICIAL SIM JUDITH C. SHIVELY NOTARY POBUC • CAIIFOSNIA PRINCIPAt OFFICE IN SAN DISCO COUNT? My Gxnnuulon Expire. M*y 20,1985 S Page 17 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of Cali- fornia, by Resolution No. &g> Ol adopted MARCH ?* has awarded to hereinafter designated as the "Principal", a contract for: RECOATING OF ELM RESERVOIR 1.5- MILLION GALLON TANK INTERIOR COATING SYSTEM - CONTRACT NO. 1114 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said con- tract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, f/*^^ ^^*sJ \ , as Principal, hereinafter designated as the "Contractor", and as Surety, are held and firmly bound unto the £ity/of Carlsbad, in the sum of C^i^-r,-.' rJ^-^^A-^S) JrL-r llt^J^-./} --f- Dollars. ($ /7 ^c^^L- ), said sum being equal to 100 per ce/it (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 Contractor, his/her 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, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her 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 Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 18 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall not affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the "22^ day of (^L, (Notarize or Corporate Seal for Each Signer) T Surety STATE On. •: OF CALIFORNIA, COUNTY OF .SAN DIRGQ ss. ., before me a Notary Public, within and for the said County and State, personally appeared P C.FAUST , km.wn to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fart of and for the AMWEST SURETY INSURANCE CO., and acknowledged to me that he subscribed the name of The AMWEST SURETY INSURANCE CO. thereto as Surety, and his own name as Attorney-m-Fact. ASI.l 08 I > f \M JUDITH C. SmVELY NOTARY PUBUC - CALIFORNIA PRINCIPAL OFFICE EN SAX DIEGO COUNTY My Comminnfon Expir** May 20, P AMWEST SURETY INSURANCE CO. ,^ 6301 Owensmouth Avenue Woodland Hills, Ca 91367 (213)704-1111 8378 POWER OF-ATTORNEY^\ KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY,^ CALIFORNIA CORPORATION does hereby make, constitute and appoint^ ^c^V, -jk "VJf £V'"-"\ " "*% j'»£* Ik ANDY FAUST-P.C. FAUST-JOHN B. HILTON-J.K HILTON-ARTYCE McGUIRE-S.G. HEFUN JOANNE BURDETTE-ELAINE MOSS—TRACI ROTHWELL-JOY ASHMORE— REGAN D. JAMES\ its true and lawful Attorney(s)-in-Fact, with full power ancfautho'rity for and on behalf, of the company as surety, to'execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: * ' '" ' " " CONTRACT, LICENSE?PERMIT? MISCELLANEOUS, COURT BONDS, TO $250,000.00 , „ and to bind AMWEST SURETY INSURANCE, COMPANY thereby, and all of the acts of said Attorneys-m-Facti pursuant to thase presents, are hereby ratified andiconfirmed. This appointment ts made under and by authority of!the foltowing provi- sions of the By-Lavs of the company,.which.are now m full force and effects' \ •*••••" '*£&. Article 11!, Section 7 of the.By-tiaws of AMWESTSURETY INSURANCE COMPANY /-' ^f% This Power of Attorney.ts.signe^and sealed by facsimile undetand by the authority of the following' resolutions adorj ted by the board of directors of. AMWEST SURETY INSURANCE COMPANY at a meeting du!yv held on December 15.1975-5 RESOLVED that the,president or any vice-presidencfn conjunction with the-secretary Or any assisfa*nt?iScre-~ tary, may appoint attGK*eys>fn-f act or agents-with authority as defined or limited in the instrument evidencing the appointment in each»casW'for andf on faehaff of the company to execute and deliver and affix the, seat of f1 * ," pany to bondsv-trndertalinngs^reclgnizances. and.suretyship obligations of all kinds; and said officersrxt any such attorney4n-fact or agent and revoke any powe/ of atiorneyprewiously granted to such persomv-"'^'^* „,-«.«,.,,•-«-*'; .,**) ,r-r,Aa. -• bond, undeFtakrngTrecoontzance "or suretyship'obliqation shalibe'r and I i signeeFby the president o*r'3ny«vice-pre<,ident or secretary or assistant secretary, and countersigned _ seaf be required) b^ a duly authorized attorney-in-fact or^gentr.orr;/w^5*^»^<ll5^?'*s**aas^® hen duSy'executed arld-seatedjif a seal be required) by one?or moire: attorneys-fn-fact oc, •^•^ .L^,,—'-. « ^._ authpr,ty evidenced by the power oftattofnev-Issued,by thecompafmtosiichl LJ RTHER affi3*ed*iJy-»facsimite'to any powei Narthe signature of any authorized officer and the seal of the company may be i of attorney or certification thereof author«rr^the,executicir» and deliveryk'of|r, _______ ...__. r _____ , bond^undertaking, recognfzai Ice, or other suretyship obligations of the company; and such, signature and seal Swhew so used shall have the same- force and effect as though manually affixed. -• 'Pf.vA'.-tl^lS^IsiJfe^l'^'-^fe-y '"'--:y ! IN WITNESS WHEREOFf'AMWEST SURETY INSURANCE COMPANY has caused thesrpnreents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 1st _ day of__Mf2 _ .19__°JL: ,MWEST SURETY INSURANCE COMPANY President STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss Secretary On this.1stday of.May A.D., T&L, personally came before mfe Richard H. Savage anri Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA 'who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose'and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. i. - OFFICIAL SEAL JANICE DRUEZ NOTARY PWeilC CALIFORNIA PRINCIPAL OFFICE IN LOS ANG€LES COUNTY Hj Commission Ex p. Jan. 6. 1984 "II I j (SEAL) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE !, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at AW-2 ('• ».:'"•!;> I \Jt It "Oi i» \ll \$— Page 19 GENERAL PROVISIONS 1. SPECIFICATIONS The specifications for the work shall be the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Souther Chapters of the American Public Works '\ssociation, the City of Carlsbad supplement to the SSPWC, the contract documents and the General and Special Provisions attached thereto. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown in the specifications. 3. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. b) Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designa- tion or selection of the Engineer is intended unless stated other- wise. The word "required" and words of similar import shall be under- stood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. c) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are fol- lowed by the expression "in the opinion of the Engineer" unless stated otherwise. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import, of the Engineer is intended. d) Perform and Provide: The word "perform" shall be understood to mean the the contractor, at her/his expense, shall perform all operations, labor, tools and equip- ment, and further, including the furnishing and installing of materi- als that are indicated, specified, or required to mean that the con- tractor, at her/his expense, shall furnish and install the work, com- plete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment and transportation. Page 20 r [ CODES" AND STANDARDS 0. i< , •?.'; 4 '• jrt iiiUi Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manu- facturers or producers of materials required either have such speci- fications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE r A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC. The Contractor shall begin work within 15 days after being duly notified by issuance of a "Notice to Pro- ceed" and shall prosecute the work to completion within 30 consecu- tive calendar days. 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Con- tractor. 7. GUARANTEE All work shall be guarantee for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. Con- tractor shall sign the Guarantee Form as provided on the last page of these contract documents. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.A8. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector and/or the City's authorized reprsentative. Inspectors shall have free access to any or all parts of work at any time. Contractor shall fur- nish inspectors with such information as may be necessary to keep him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 0R If-!1''!''» | -' Page 21s iiU h ': 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise any such provision is not inserted, or is not correctly in- serted, then upon application of eit'her party the contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the comple- tion of the work, shall be provided at the Contractor's ex- pense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indi- cated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, .and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, Page 22 apparatus, equipment or process indicated or specified. Such substi- tution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installa- tion. PERMITS AND FEES The Contractor is responsible for securing for and paying for all re- quired permits and fees. ' . 15. SAFETY AND PROTECTION OF WORKERS AND PUBLl'c The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to pre- vent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by the work under this contract. 16. WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construction under this contract. The Contractor shall con- tact the appropriate water agency for requirements. Contractor shall include cost of water and meter rental within lump sum bid price. No separate payment will be made. On Page 23 SPECIAL PROVISION' A. GENERAL REQUIREMENTS 1.01 Work to be Done The work to be done consists of furnishing all labor, equipment, materials, and performing all operations for recoating Elm Reser- voir 1.5 million gallon tank interior coating system. 1.02 Quali ty Assurance a. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces", SSPC-Vis 1 ASTM Designation 200; "Standard Methods of Evaluating Degree of Rusting on Painted Steel Surfaces of New Steel Airblast Cleaned with Sand Abra- sive", NACE Standard TM 01-70; and as described below. To facilitate inspection, the Contractor shall, on the first day of sandblasting operations, sandblast metal panels fur- nished by the Inspector to the standard specified. These pan- els shall be equivalent to the tank plate stock with minimum . measurements of 8-1/2" by 11" (216 mm x 280 mm). After agree- ing a specific panel meets the requirements of the specifica- tions, the panel shall be initialed by the Contractor and In- spector and coated with a clearn, non-yellowing finish. Panels • shall be prepared for each type sandblasting specified and shall be utilized by the Inspector throughout the duration of sand- blasting operations. b. No coating shall be applied: When the surrounding air tempera- ture or the temperature of the surface to be coated is below AO degrees F. (L\. b degrees C) ; to wet or damp surfaces, or in rain, snow, fog or mist; when the temperature is less than five degrees above the dewpoint; when it is expected the air temp- erature will drop below kO degrees F. (k.h degrees C) or less than five degrees above the dewpoint within eight hours after application of the coating. If such conditions are prevalent, coating shall be delayed or postponed until conditions are favorable. The day's coating shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. c. Thickness and Holiday Checking: Thickness of coating shall be checked with a non-destructive, magnetic type thickness gauge. Coating integrity of interior coated surfaces shal1 be tested with an approved inspection device. Non-destructive holiday detectors shall not exceed Gj-]/2 volts nor shall destructive holiday detectors exceed the voltage recommended by the manu- facturer of the coating system. For thickness between 10 and 20 mils (0.25 mm and 0.50 mm) a non-sudsing type wetting agent, such as Kodak-Flo, shall be added to the water prior to Page 2h wetting the detector sponge. All pinholes shall be marked, repaired in accordance with the Manufacturer's printed recommendations and retested. No pinholes or other irregularities will be permitted in the final coating. In cases of dispute concerning film thickness or "holidays" the O.wner or his representative's calibrated instruments and measurements shall predominate. Wide film thickness discrepancies shall be measured and verified with a micrometer or other approved measuring instrument. d. Inspection Devices: The Contractor shall furnish, until final acceptance of coating, inspection devices in good working condition for detection of holidays, and measurement of dry-film thickness of coating and paint. The Contractor shall also furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of dry-film thickness gauge and certified instrumentation to test accuracy of holiday detectors. Dry-film thickness gauges shall be made available for the Inspector's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Inspector. e. Accept able Devices : Acceptable devices include, but are not limited to: KD "Bird Dog" non-destructive holiday detector for coatings to 20 mils (0.50 mm) dry-film thickness; Tinker-Rasor Models AP and AP-w holiday detectors for coatings in excess of 20 mils (0.50 mm) dry-film thickness; and "Inspector" units for dry-film thickness gauging. Inspection devices shall be operated in accordance with the Manufacturer's instructions. f. Warranty Inspection: Warranty inspection shall be conducted during the eleventh month following completion of all coating work. All defective work shall be repaired to meet the original specifications and to the satisfaction of the Engineer. This inspection may be scheduled earlier or later to meet the needs of the water sup- ply of the City, but in no case shall it be later than on year and one month from the date of completion of the coating work. 1.03 Safety and Health Requirements: A- General: In accordance with requirements of the latest revision of the OSHA regulations for construction, the Contractor shall Page 25 provide and require use of personal protective lifesaving equipment for persons working in or about the project site. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets conforming to the requirements of ANSI.2 latest revision, and shall be worn by all persons while in the vicinity of the work. In addition, workers engaged in or near the work during sandblasting shall wear eye and face protection devices meeting the requirements of latest revision of ANSI Z87.1 and OSHA Regulations for sandblasting operations, and air purifying, half-mask or mouthpiece respirator with appropriate filter. Vent ilat ion : Where ventilation is used to control potential exposure as set forth in Section 1910.94 of the OSHA Regulations for Construction, ventilation shall reduce the concentration of air contaminant to the degree a hazard does not exist. Methods of ventilation shall meet requirements set forth in ANSI .ANSI Z9.2, lastest revision. Sound Levels: Whenever the occupational noise exposure exceeds the maximum allowable sound levels •as set forth in Table D-2 of Subpart C, Section 1926.52 of the OSHA Regulations for Construction, the Contractor shall provide and require the use of approved ear protective devices. Illuminat ion : Adequate illumination shall be provided while work is in progress. Whenever required by the Inspector, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The level of illumination for inspection purposes shall be determined by the Inspector. Temporary Ladders and Scaffolding: All temporary ladders and scaffolding shall conform to the applicable requirements of Subpart L, Section 1926.45 and 1926.451 of the OSHA Regulations for Construction. They shall be erected where requested by the Inspector to facilitate inspection and be moved by the Contractor to locations, requested by the Inspector. Page 26 by the Inspector to facilitate inspection and be moved by the Contractor to locations requested by the Inspector. PRODUCTS 2.01 General F "" I' f Ohlbi^AL Products specified are those which have been evaluated for the specific service. Requests for product substitution shall be approved in writing prior to date of bid. Product substitutes shall have a successful five year record on projects of a s imilar nature. All Materials shall be brought- to the job site in original sealed containers. They shall not be used until owner's representative has inspected contents and obtained data from information on containers or label. Materials exceeding storage life recommended by the Manufacturer shall be'rejected. All coatings shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings must be stored to conform with City, County and State safety codes for flammable coating materials. Emulsion type coatings shall be protected from free z-ing. 2.02 Interior Coating Materials Interior coating materials shall conform to the requirements of applicable AWWA Standards and the following requirements: 1. Coal Tar base T&O coating for all interior surface base coats shall be a high build, coal tar base T&O coating conforming to requirements of AWWA Standard D102-78, Inside System No.6. Coal Tar T&O coating shall be Engard 800 Super Tank Coating or approved equal. A c0fVT»o (y l ' Qpff \l, ' ''»j Paee 27 2.03 Disinfection Materials Disinfection materials shall conform to the requirements of AWWA Standard D102, latest revision. C. EXECUTION 3.01 General : a. All coating shall conform to applicable standards of the National Association of Corrosion Engineers and the Steel Structures Painting Council Manual. Material applied prior to approval of surface by the Inspector shall be removed and re-applied to the satisfaction of the Inspector at the expense of the Contractor. b. Work shall be performed by skilled craftspersons qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be maintained and transfers of key personnel shall be coordinated with Owner's rep-res ent at ives . c. The Contractor shall provide a supervisor at the work site during cleaning and application operations. The supervisor shall have the authority to sign and change orders, coordinate work and make decisions pertaining to the fulfillment of the contract. d. Dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability of the finish must be removed by washing with clean rags dipped in a grease solvent and wipe with clean dry rags. Slag and weld metal accumulation and spatters shall be removed by chipping and grinding. All sharp edges shall be peened, ground or otherwise blunted as required by the Inspector. e. The Contractor's coating equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval of Owner's representative. Page 28 Application of the first coat shall follow immedi- ately after surface preparation and cleaning and within an eight-hour working day. Any cleaned areas not receiving first coat within eight-hour period shall be recleaned prior to application of first coat 3.02 Surface Preparation General: The latest revision of the following surface preparation specifications of the Steel Structures Painting Council and the National Association of Corrosion Engineers shall form a part of the specification: 1. Solvent Cleaning (SSPC-SPl); Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods, which involve a solvent or cleaning action. 2. Hand Tool Cleaning (SSPC-SP2): Removal of loose rust, mill scale and other detrimental foreign matter to degree specified by hand chipping, scraping, sanding and wire brushing. 3- Power Tool Cleaning (SSPC-SP3); Removal of loose rust, loose mill scale and other detrimental foreign matter degree specified by power wire brushing, power impact tools or power sanders . 4. Commercial Blast Cleaning (SSPC-SP6 and NACE No . 3 )~1Blast c leaning unt il at least two-th ird s of each element of surface area is free of all visible residues. 5. Brush-off Blast Cleaning (SPPC-SP7 and NACE No. 4) "1 Blast c leaning To remove loose r us t , loos e mill scale and other detrimental foreign matter to degree specified. 6 . Near-White Blast Cleaning (SSPC-SPIO and NACE No.2) :Blastcleaning to nearly white metal cleanliness until at least 95 percent of each element of surface area is free of all visible res idues . Page 29 Field blast cleaning for all surfaces shall be dry sandblasting unless otherwise directed. Maximum particle size of abrasives used in blast cleaning shall be that which will produce a profile in accordance with recommendations of the Manufacturer of the specified system. Sand used in blast cleaning operations shall be washed, graded and free of contaminants that would interfere with adhesion of coating. During blast cleaning operations, caution shall be exercised to insure that existing coating is not exposed to abrasion from blast cleaning. The Contractor shall keep the area of his work in a clean condition and shall not permit blasting materials to accumulate to constitute a nuisance or hazard to the prosecution of the work or operation of the existing facilities. Blast-cleaned surfaces shall be dry cleaned prior to 'application of specified coatings. No coatings shall be applied over damp surfaces. Interior welds shall be neutralized with an approved solvent such as Engard 88 Thinner or coal tar base solvent naphtha. Petroleum base solvents shall not be used. Interior surface preparation is referenced to top of lower ring which is 10 feet above outside footing. 1. Surfaces above Top of Lower Ring All surfaces shall be blast cleaned to "Near- White Metal" in conformance to Steel Structures Painting Council Surface Preparation specification SSPC-SP10, or National Association of Corrosion Engineers Surface Finish, NACE No. 2, lastest revison. . .„ ' - r~—\ Page 30 2. Surfacesbelow Topof lower Ring All surfaces shall be inspected jointly by the Contractor and the Owner's representative to determine the condition of existing coatings.- The Owner's representative shall* then designate the surface condition and cleaning shall be performed as noted below. Any areas overlooked during the joint inspection shall not relieve the Contractor from completely preparing surfaces. •(a) All rusting or otherwise defeetive areas shall be blast cleaned to "Near-White Metal" in conformance with Steel .Structures Painting Council Surface Preparation Specification SSPC-SP10 or National Association of Corrosion Engineers Surface Finish NACE No.2, latest revision. Remaining coating shall be firmly bonded to the substrate, with standblast edges feathered. Extreme care shall be exercised to insure that remaining coating is not damaged by cleaning operations. ' All f i rmly bond e d area s shall be "brush- off" blast cleaned to remove surface contaminants in conformance with Steel Structure Painting Council Surface Preparation Specification SSPC-SP7 or National Association of Corrosion Engineers Surface Finish NACE No. 4, latest revision. Extreme care shall be exercised to insure that remaining coating'is not damaged by cleaning operations. 3.03 Application Coating application shall conform to the requirements of Steel Structures Painting Council Paint Application Specifications SSPC-PA1, latest revision, •for "Shop, Field and Maintenance Painting" and National Association of Corrosion Engineers recommended practices. r «* I' ->" •• "_ I ' "' * ORIGINAL Page3' b. Thinning shall be permitted as recommended by the manufacturer and approved by the Inspector. c. Each application of coating shall be applied evenly, free of brush marks, sags, runs, with no evidence of poor workmanship. Care shall.be exercised to avoid lapping on glass or hardware.:. Coating shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. d. Protective coverings or drop cloths shall be used to protect floors, fixtures and equipment. Care shall be exercised to prevent coating from being spattered onto surfaces which are not to be coated. Surfaces from which material cannot be removed satisfactorily shall be recoated as required to produce a finish satisfactory to the owner. e. All material shall be applied as specified. f. All welds and irregular surfaces shall receive a brush coat of the specified product prior to application of the first complete coat. g -. After proper drying interval, spot coated areas shall be carefully inspected to determine if existing coating edges have lifted. If necessary, repairs shall be performed, utilizing procedures as specified herein. 3.04 Coating of Interior Surfaces a. After completion of surface preparation as previously specified, all bare metal and/or other defective areas shall receive a 10 mil (0.25 mm) thick coat of high build Coal Tar Base T&O coating specified under Item 1 "Interior Coating Materials". No prime coat shall be used under T&O coating. b. After specified drying interval of areas coated in 3.04a, complete interior surfaces shall receive a 1 mil (0.18 mm) thick coat of high build Coal Tar Base T&O coating specified under Item 1, "Interior Coating Materials". ORIGINAL •'••• Application of the T&O coating shall be by airless spray method. At least 24 hours must be allowed between coats or until the first coat has dried firm. T&O coating shall be stirred with a slow speed power mixer until a smooth consistency is obtained. Material shall be thinned in accordance with Manufacturer's written recommendations. « Upon completion of recoating operations, holiday detection shall be performed, using only the specified low voltage instrument. 3.05 Disinfection Disinfection of interior surfaces shall be performed in the presence of the Inspector in accordance with AWWA Standard D102, lastest revision, third method and the following requirements: (a) Disinfection shall be performed after protective coatings have been applied to the interior surface s. (b) Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out. (c) All interior surfaces shall then be jet washed with a chlorine solution having a content of 300 P.P.M. to 500 P.P.M. Chlorine solution accumulated on the bottom shall be drained to waste. Rinsing with clear water is not required. 3.06 Cleanup Upon completion of the work, all staging, scaffolding and containers shall be removed from the site or destroyed in a manner approved by the Owner. Coating spots and oil or stain upon adjacent surfaces shall be removed and the job site cleaned. All damage to surfaces resulting from the work of this section shall be cleaned, repaired or refinished to the satisfaction of the Inspector at no cost to the Owner. Page 33 rjs F—'--.'—3 GUARANTEE FORM The undersigned hereby guarantees that the Recoating of Elm Reservoir 1.5 Million Gallon Tank Interior Coating System, Contract No. 111A, which the undersigned performed for the City of Carlsbad has been done in accordance with the specifications and that the work as installed will fulfill the re- quirements of the guarantee required by the specifications. The undersigned agrees to repair or replace any or all of its work, together with any other adjacent work which may be displaced by so doing, that may prove to be de- fective in workership or materials within a period of one year from the date of filing of the Notice of Completion for the project, ordinary wear and tear and unusual abuse or neglect excepted. In the event of our failure to comply with the above-mentioned conditions within a reasonable period of time, as determined by the City of Carlsbad, after being notified in writing by the City, we, collectively or separately, do hereby authorize the City of Carlsbad to proceed to have said defects repaired and made good at our expense, and "we will honor and pay the costs and charges therefor upon demand. The undersigned further agrees to be present for a warranty inspection to be conducted during the eleventh month following the completion of the coat- ing work. All defective work shall be repaired to meet the original speci- fications and to the satisfaction of the Engineer. This inspection may be scheduled earlier or later to meet the needs of the water supply of the City, but in no case shall it be later than one year and one month from the date of completion of the coating work. Contractor By Title