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HomeMy WebLinkAboutProfessional Restoration Services Inc; 1995-05-15; 34251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 kh i $&-J&H-$996 82:: OFFiCIWl fiE~~R~~ @Ecfy$y SflflH 9 CDUMTY RECORE ? S&IM DIEGO ~~~~T~ RECOfiWS Of Recording requested by: ) CITY OF CARLSBAD When recorded mail to: ) ) ,' )/$ 1 1 FEES z 275 ) -;, ~ City Clerk )? City of Carlsbad )\ I 1200 Carlsbad Village Dr. ) 1 Carlsbad, CA 92008 1 SDace above for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1, 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property her described. The full name of the undersigned is Carlsbad Municipal Water District, a mi corporation. The full address of the undersigned is 5950 El Camino Real, Carlsbad, California, The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on ( 26, 1995. The name of the contractor, if any, for such construction is Professional Res Services, Inc. The property on which said work of improvement was completed is in the City of Cz County of San Diego, State of California, and is described as follows: CMWD Proj 94102, Contract No. 3425, La Costa Lo and Skyline Steel Tank Reservoirs. The street address of said property is on Alga Road between Corte Casitas anc Candelero, also on Skyline Road between Mac Arthur and Hillside Drive in Carlsk 8. CITY OF CARLSBAD William E. Phmmer, P. E. District Engineer VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 5950 El Camir Carlsbad, California, 92008; the Board of Directors of said District on J'A~~AR~' 9 accepted the above described work as completed and ordered that a Notice of Complc filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on "I I p , 1996, at Carlsbad, California. CITY OF CARLSBAD hi. h ALETHA L. RAUTENKRANZ Secretary c ,m q 'G.' - .e v 1 I I I I I I I. I I I I I 1 I b CmSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA I SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING 1 CMWD PROJECT NO. 94-102 CONTRACT NO. 3425 CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008 (619) 438-3367 '1, 11/07/94 I INFORMATION FOR CONTRACTOR I l I I R 1 1 I I II 1 1 1 I 1 * A. TO OBTAIN COPY OF CURRENT PLAN HOLDERS LIST PHONE (619) 438-3367 EXT. 128. B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS: ASSOCIATE ENGINEEWACILITY DESIGN PHONE (619) 438-3367 EXT. 120 DISTRICT ENGINEER PHONE (619) 438-3367 EXT. 126 TABLE OF CONTENTS - Item - P 1 NOTICE INVITING BIDS .......................................... CONTRACTORS PROPOSAL ....................................... DESIGNATION OF SUBCONTRACTORS AMOUNT OF SUBCONTRACTORS' BIDS ............................ EQUIPMENT/MATERLAL SOURCE INFORMATION ................... BID SECURITY FORM ............................. !a ........................................... I BIDDERSBOND ............................................... BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY .............. BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . e . NON-COLLUSION AFFIDAVIT ............................... , .... CONTRACT - PUBLIC WORKS .................................... LABORANDMATERIALSBOND FAITHFUL PERFORMANCE/WARRANTY BOND PURCHASING DEPARTMENT REPRESENTATION AND CERTIFICATION .................................. ...................... .......................... 11/07/94 I. ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION. ............................... I i 1 1 1 I 1 II 80 8 t I I 1 1 s 1 0 RELEASEFORM ............................................... 1 SPECIALPROVISIONS ........................................... APPENDIX "A" LEAD CONTENT REPORT OF ANALYSIS RESULTS ....... APPENDIX "B" LOCATION AND SITE MAPS ......................... 11/07/94 E 1. I iv I 1 1 I 1 1. I P II I I 1 I I I CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA NOTICE INVITING BIDS I@ Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsl Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 2 day of performing the work as follows: Januarv , 19 _q' 95 at which time they will be opened and read, 1 CONTRACT NO. 3425 LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING CMWD PROJECT NO. 94-102 The work shall be performed in strict conformity with the specifications as approved by Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on with the District Engineering Department. The specifications for the work include the la1 revised edition of the NIA , and Standard Suecifications of Public Wc Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designa "SSPWC', as issued by the Southern California Chapter of the American Public Wc Association and as amended by the special provisions sections of this contract. Refere is hereby made to the specifications for full particulars and description of the work. The Carlsbad women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturi fabricators and contractors to utilize recyclable materials when available and wh appropriate. No bid will be received unless it is made on a proposal form furnished by the Purcb Department. Each bid must be accompanied by security in a form and amount requirec law. The bidder's security of the second and third next lowest responsive bidders may withheld until the Contract has been fully executed. The security submitted by all ot unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days a the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Seci 22300), appropriate securities may be substituted for any obligation required by this no or for monies withheld by the District to ensure performance under this Contract. Seci 22300 of the Public Contract Code requires monies or securities to be deposited with District or a state or federally chartered bank in California as the escrow agent. e Municipal Water District encourages the participation of minority i * Notice Inviting 11/07/94 1 I The documents which must be completed, properly executed and notarized are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion AEidavit 4. Contract I. All bids will be compared on the basis of the Engineer's Estimate. The estimated quanti1 are approximate and serve solely as a basis for the comparison of bids. The Enginec I R Estimate is $200,000.00 1 g II 1 I I are available for a non-refundable fee of Per In keeping with the Special Provisions, work shall be accomplished within calendar days. Liquidated Damages will be in the amount of $ 1,000.00 No bid shall be accepted from a contractor who is not licensed in accordance with provisions of California state law. The contractor shall state their license numt expiration date and classification in the proposal, under penalty of perjury. The follow classifications are acceptable for this contract: Class A ninetv (90 per day in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contr documents in lieu of the usual ten percent (10%) retention from each payment, th documents must be completed and submitted with the signed contract. The esci agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchas Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsb California, for a non-refundable fee of $30.00 per set. NIA 1. The Carlsbad Municipal Water District reserves the right to reject any or all bids and waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute contract shall be those as determined by the Director of Industrial Relations pursuan the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsl City Clerk. The Contractor to whom the Contract is awarded shall not pay less than said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Cc "Subletting and Subcontracting Fair Practiced Act." 1 n I 1 I Notice Inviting 11/07/94 f 1 D 1 1 I 1 I 1 8 I I 1 The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shi apply to the Contract for work. A pre-bid meeting and tour of the project site will -X7J will not - be held. The meeti will be held on date:December 22,1994time: 9:OO A.M. 1ocation:Carlsbad Municipal Wat District Boardroom, 5950 El Camino Real, Carlsbad, California 92008 All bids are to be computed on the basis of the given estimated quantities of work, indicated in this proposal, times the unit price as submitted by the bidder. In case of discrepancy between words and figures, the words shall prevail. In case of an error in t extension of a unit price, the corrected extension shall be calculated and the bids will ’ computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out ai typed or written in with ink and must be initialed in ink by a person authorized to sign f 0 I the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day pr to bidding. Submission of bids without acknowledgment of addenda may be cause rejection of bid. Bonds to secure faithful performanceharranty of the work and payment of laborers a materials suppliers and to cover all guarantees against defective workmanship and materi: or both, for a period of one year after the date of final acceptance of the work by i District each in an amount equal to one hundred percent (100%) and fifty percent (509 respectively, of the Contract price will be required for work on this project. These bo1 shall be kept in full force and effect during the course of this project, and shall extend full force and effect and be retained by the District until they are released as stated in 1 Special Provisions section of this contract. All bonds are to be placed with a sur1 insurance carrier admitted and authorized to transact the business of insurance in Califon and whose assets exceed their liabilities in an amount equal to or in excess of the amoi of the bond. The bonds are to contain the following documents: I) 4. An original, or a certified copy, of the unrevoked appointment, power of attorn by laws, or other instrument entitling or authorizing the person who executed I bond to do so. I commissioner. 2) A certified copy of the certificate of authority of the insurer issued by the insnra If the bid is accepted, the City may require a financial statement of the assets and liabili of the insurer at the end of the quarter calendar year prior to 30 days next preceding date of the execution of the bond. The financial statement shall be made by an officc certificate as defined in Section 173 of the Corporations Code. In the case of a fore insurer, the financial statement may be verified by the oath of the principal officer manager residing within the United States. 1 1 I Notice Inviting 11/07/94 1 I. I 1 R 1 I I 8 I I. 1 I li 1 1 I I Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Kc Rating Guide of at least A-:V, and (2) are authorized to transact the business of insuranc in the State of California by the Insurance Commissioner. Auto policies offered to me the specification of this contract must; (1) meet the conditions stated above for all insuranc companies and (2) cover any vehicle used in the performance of the contract, used on-si or off-site, whether owned, non-owned or hired, and whether scheduled or non-schedule The auto insurance certificate must state the coverage is for "any auto" and cannot 1 limited in any manner. Worker's Compensation insurance required under this contract must be offered by company meeting the above standards with the exception that the Best's rating conditic is waived. The District does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. A additional cost of said insurance shall be included in the bid price. The prime contractor and all subcontractors are required to have and maintain a valid C of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsb; California, by Resolution No. 887 , adopted on the 6th day of December f 1994 I ? Aletha 46J- L. Rautenkranz, Secretary Notice Inviting 1 11/07/94 1 I* PROFESSIONAL RESTORATION SERVICES, 1 DOING BUSINESS IN CA AS “COMMERCIAL RESTORATION SERVICES” LIC. ## 6 0 January 13,1995 The City of Carlsbad 1200 Carhbad Village Dnve C~hbad, Ca 92008-1989 =vterLtion: Ke~in Davis Pllrchq Depmen‘L Re: CMWD Project Yo, 94182 Contract No. 3425 La Costa Lo and SLcline Reservoirs Interior Coating Subject: Licensing name discrepancy Cear Mr. Davis, Please the enclosed certification &om the State of California and a copy of our license from the Contractors State License Board of California. Professional Restoration Services, hc. does business in the state of California as Commerciaf Restoration Services. But our sir name is Professional Restoration Services, Inc. and that is what we use on all Correspondence and Bid Documents Etc. as well as licensmg. Please call my oEce for any other questions or concerns regardmg this matter we dl be more 0 &ihan happy to assist you in any way. Thank you for the opporhmity to serve you. ely Yours, 3 I-*’ /$gy d /$@&& JamesG. Capous President 0 Industrial & Commercial Painting Lead Base Paint Removal Roofing & Special C 9630 BLACK MTN. RD., SUITE ‘A’ SAN DIEGO, CA 92126 “EL (619) 578-5690 FAX (619) 5’ " ... ?: k.. -.-_I___ __ .- ._-_ --_.. _._ - - ___ - - -~ -__-__.__--- ---.___ ei m s q 7s fW m c U --- cj +5+ i 0 % - (b 76GZ c p m;Cc 9 03 w )u 6-52 m gn 22: i4cn e?z 29 35~ nm,- 4 fu 27- r=?- q5g 1 r, 9 =. 1. -7 2.E. 4+ G n- -$;=" -44 " .D (II 00,u *e m ng rnr 23d ZzC; - 2s F;& HP 7 s rnL' Obri *+ i. 2 r_ i fi *4t U (n= u Z" - v, 0- c.9 n r,"3 n-rg tG 5 0 3 - 'D"- c g g22 u y$;- ' OCJZ m r, gz G .z % 5 a "r CJ n ;7 I? 7 r, 5 w- -. c LI. c zc -7 --J 3 03 eL-( -m w 62 gnc c,* 7 c;r wz- zz cn g zs r.5 'P. zqg -. 2 +J z * rr - cQ'3 rr( L' 4 - e h QJ rn c L.-.( E3 3 q '-r e k . .. __ . ------ --.- ---____ ..__. . . . . --- - - . .__ . __ __ ___ . . . __ y c-. '9 4 td9E { a(? C 0 €3 P 0 R 1 1 T IO h I> I \' 1 S I 0 h I, LVARCH FONG EU, Secretary of Statti of the State of California, hereby certify: That the annexed transcript has been corn parc.cl \I ith the corporate record on file in this office, ot: nhich it purports to be a copy, and that same is full, true and IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this APR : i '1990 ____ - __ __ - - - - __ Secretnry of State .I ... 3 CEK'I'IFICATE OF QUALIFICATION I, MARCH FQNG ELJ, Secretary of State of the State of California: hereby certify: Tht on the 11TH day o! APRIT, 19 4_a PROFESSIONAL RESTORATION SERVICES, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS COMMERCIAL RESTORATION SERVICES a corporation organized and existing under the laws of THE STATE OF VIRGINIA , complied with thl SUBJECT, HOWEVER, TO: IN WITNESS WHEREOF. I execut this certificate and affix the Gre: Seal of the State of California th 11TH &"of APRIL, 19 Secletary of State -*. L e January 6, 1995 ADDENDUM NO, 2 PBR\AJ LIYIVVC PRGdECT x=. 94402, CONTRACT MC. 3425 CONSTRUCTION OF LA COSTA LO & SKYLINE RESERVOIRS INTERIOR COATiNG Please include the attached addendum in the Notice to Bidder/Request for Bids you ha for the above project. This addendum-receipt acknowledged-must be attached to your Proposai Form/Bid wh you bid is submitted. 0 Tfg$z&tArL RUTH FLETCHER Purchasing Officer attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO, 2 e 1200 Carisbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2503 FAX (61 9) 434-1 - + 4- 0 December 29, 1994 ADDENDUM NO. 1 CMWD PROJECT NO. 94-1 02, CONTRACT NO. 3425 - CONSTRUCT1 OF LA COSTA LO & SKYLINE RESERVOIRS INTERIOR COATING Please include the attached addendum in the Notice to Bidder/Request for Bids you I for the above project. This addendum-receipt acknowledged-must be attached to your Proposal Form when your bid is submitted. e -ark RUTH FLETCHER Purchasing Officer RF:sjs attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 e 1200 Carisbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434' “1 && &.eKJJ A&5&4{&4 s-,y--/. 6 p r DA&- /f@+L5/@&?/ /GgZ$&&4$& sew:/J.-’ TP y I 1 e CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 3425 CONTRACTOR’S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, rea Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fu all labor, materials, equipment, transportation, and services required to do all the wc complete Contract No. 3425 in accordance with the Plans and Specifications c Carlsbad Municipal Water District, and the Special Provisions and that he/she will ta full payment therefor the following unit prices for each item complete to wit: LA COSTA LO & SKYLINE RESERVOIRS INTERIOR COATING CONTRACT NO. 3425 CMWD PROJECT NO. 94-102 Item Approximate No. Q uantitv DescriDtion Unit Price Total 1. 0 The work consists of furnishing all labor, material, tools, equip and incidentals necessary for the removal of the existing coating c interior of the La Costa Lo Steel Tank Reservoir, including p disposal of the removed nonhazardous material, and installing i coating complete with all appurtenant work as specified, incl disinfection. For the lump sum of $ 77r448-75 (Price in Fig The work consists of furnishing all labor, material, tools, equip and incidentals necessary for the removal of the existing coating c interior of the Skyline Steel Tank Reservoir, including proper dir of the removed nonhazardous material, and installing a new c( complete with all appurtenant work as specified, including disinfe 2. For the lump sum of $9 3 .. 450.75 (Price in Figui Contractor‘s P 12/15/‘ e 'L d , Item Approximate 0 No. 0 uantitv Description Unit Price Total 3. The work includes proper handling and disposal of hazardous P and debris attributable to the existing coating material removed the La Costa Lo Steel Tank Reservoir. For the lump sum of $4 I 076 - 25 (Price in Fig1 4. The work includes proper handling and disposal of hazardous t and debris attributable to the existing coating material removed the Skyline Steel Tank Reservoir. For the lump sum of $ 5,234.2 5 (Price in Fig Total amount of bid in words: ONE HUNTIRE ID EIGHTY SIX THOUSAND TWO HUNDRED TEN DOLLARS RMD 00/100 0 Total amount of bid in numbers: $ 1 8 6 r 2 1 0 -0 0 Price(s) given above are firm for 90 days after date of bid opening. Prices quoted i Proposal shall include all taxes, including sales and use taxes. Addendum (a) No(s). this proposal. The Undersigned has checked carefully all of the above figures and understands thi District will not be responsible for any error or omissions of part of the Undersign making up this bid. The Undersigned agrees that in case of default in executing the required Contract necessary bonds and insurance policies within twenty (20) days from the date of awi Contract by the Board of Directors of the Carlsbad Municipal Water District, the pro of the check or bond accompanying this bid shall become the property of the Distric hadhave been received and is/are includ I and 2 Contractor's PI 12/15/s e 1 1 I I II 8 I 1 i 1. 1. B 1 1 D t 1 ..* I The Undersigned Bidder declares, under penalty of perjury, that they are licensed to business or act in the capacity of a contractor within the State of California and that tb are validly licensed under license number 61 55g2 which expires on 3 -2 6-9 5 . This statement is true and correct and has the lei effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursua to the Business and Professions Code shall be considered nonresponsive and shall rejected by the District. 5 7028.15(e). In all contracts where federal funds are involved, bid submitted shall be invalidated by the failure of the bidder to be licensed in accordan with California law. However, at the time the contract is awarded, the Contractor shall properly licensed. Public Contract Code 5 20104. The Undersigned Bidder hereby represents as follows: a c 33 , classification 1. That no Board member, officer agent, or employee of the Carlsbad Munici Water District is personally interested, directly or indirectly, in this Contr: or the compensation to be paid hereunder; that no representation, oral 01 writing, of the Board of Directors, its officers, agents, or employees 1 inducted himher to enter into this Contract, excepting only those contaiI in this form of Contract and the papers made a part hereof by its terms; i That the bid is made without connection with any person, firm, or corporat making a bid for the same work, and is in all respects fair and withc collusion of fraud. 2. BOND Accompanying this proposal is for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code wh requires every employer to be insured against liability for worker’s compensation or undertake self-insurance in accordance with the provisions of that code, and agrees comply with such provisions before commencing the performance of the work of Contract and continue to comply until the contract is complete. (Cash, Certified Check, Bond or Cashier’s Check) ... ... .I. *.. ... ... ..* ... .. f Contractor’s Pro1 I. 11/07/94 *” ’2 1 1 I R I I (4) Incorporated under the laws of the State of VZRGrnTA 7 -\ I I 1. I I 1 I I 1 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted PRoFESS1oNAL RESTORATI( I. (3) Title PRESIDENT -- Impress Ccr;csrF$e Sezl he (5) Place Of Business 9630 BLK. MTN RD. STE, A (Street and Number) City and State SAN DIEGO, CA. (6) Zip Code g2I26 Telephone No. 61 9-578-5690 NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MUST 1 1 ATTACHED List below names of president, vice president, secretary and assistant secretary, ij corporation; if a partnership, list names of all general partners, and managing partners PRESIT>ET?TT JAMES G. CAPOUS STELLA CAPOUS VICE-PRFSIDFNT 1 NICHOLAS RAGO‘IJSIS TREASURER/SECRETARY Contractor’s Prop I. 11/07/94 1 COuNTy OF &u Die& 3 PERSONALLY APPEARED personally known to me (p -to be the person(+whose name(-@ is,krsubscribed to the within instrument and acknowl- edged to me that hel-ecuted the same m his/ k+#he&authorized capacity- and that by his/% #heir signature on the instrument the person(& or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Tlizs arm for OfFczal Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUME TITLE OR TYPE OF DOCUMENT m(S) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NA E OF PERSON(S) OR ENTTTP((IES) SIGNER(S) OTHER THAN NAMED ABOVE ($?,f3*-sS,cJU4i- gGJD&&np'y $a, /--c ALL-PURPOSE ACKNOWLECGEMENT ID-OS1 Rev. 6/94 I 1 I I I 1 1 1 1 I 1 I 8 1 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic 2, relative to the general prevailing rate of wages for each craft or type of worker need to execute the Contract and agrees to comply with its provisions. 0 1 IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) (2) (3) Place of Business Name under which business is conducted Signature (given and surname) of proprietor (Street and Number) City and State (4) Zip Code Telephone No. 1 IF A PARTNERSHIP SIGN HERE: Name under which business is conducted Signature (given and surname and character of partner) (Note: Signati must be made by a general partner) (1) (2) I (3) Place of Business (Street and Number) 1 City and State (4) Zip Code Telephone No. Contractor’s Prop I. 11/07/94 1 1 I I I I 8 1 I I. 1 I I I D I I 1 DESIGNATION OF SUBCONTRACTORS (TO ACCOMPANY PROPOSAL) The Contractor certifies he/she has used the sub-bids of the following listed Contractors making up hisher bid and that the sub-contractors listed will be used for the work for whj they bid, subject to the approval of the District Engineer, and in accordance with applical provisions of the Specifications and Section 4100 et seq. of the Public Contracts Codc "Subletting and Subcontracting Fair Practices Act." No changes may be made in thr subcontractors except upon the prior approval of the District Engineer of the Carlsb Municipal Water District. The following information is required for each sub-contract Additional pages can be attached if required: This project does - does not 5 have bid items designated as "SPECIALTY ITEM Items of Complete Address Phone No. Work Full ComDany Name With Zip Code With Area Code I' Designatio] Subcontrac 11/07/94 F 1. 1 I D 1 I I 1 1. 1 D I I I I 1 AMOUNT OF SUBCONTRACTORS' BIDS (TO ACCOMPANY PROPOSAL) The Bidder is to provide the following information on the sub-bids of all the lis1 subcontractors as part of the sealed bid submission. Additional pages can be attached required. I' Type of State Carlsbad Contracting Business Amount of Bid Full Companv Name License & No. License No. * ($ or %) I NOT APPLICABLE *Licenses are renewable annually. If no valid license, indicate "NONE." Valid license mt be obtained prior to submission of signed contracts. I Amount Subcontractors' I 11/07/94 R I. I I I I I I I I I. I 3. I 1 I I I I I EOUIPMENT/MATERIAL SOURCE INFORMATION (TO ACCOMPANY PROPOSAL) The Bidder shall indicate opposite each item of equipment or material listed below, tl name of the one supplier and manufacturer of each item of equipment or material propost to be furnished under the bid. Awarding of a contract under this bid will not imF approval by the District of the manufacturers listed by the Bidder. I. Eauipm en t/Maten a1 1.INTERIOR COATINGS MATERIALS Manufacturer -E DENNIS AMYOT (Manufacturer) 2. 20 MESH SILICA SAND GORDON SAND COMPANY (Manufacturer) (Manufacturer) EquipmentNatc Source Informa 11/07/94 1 I. I I I I I I I I I@ I I I I I I u I BID SECURITY FORM (Check to Accompany Bid) (Note: The following form shall be used if check accompanies bid:) Accompanying this proposal is a *Certified *Cashiers check payable to the orde CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of I. NOT APPLICABLE dollars ($ this amount being ten percent (10%) of the total amount of the bid. The proceeds of 1 check shall become the property of District provided this proposal shall be accepted by District through action of its legally constituted contracting authorities and the undersigi shall fail to execute a contract and furnish the required Performance, Warranty i Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, check shall be returned to the undersigned. The proceeds of this check shall also beco the property of the District if the undersigned shall withdraw his bid within the perioc fifteen (15) days after the date set for the opening thereof, unless otherwise required by 1 and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on following pages shall be executed--the sum of this bond shall be not less than ten perc (10%) of the total amount of the bid. Bid Security F 11/07/94 I. I I: I I I 1 I 1 I I. 1 1 I 1. I - BIDDER’S BOND (TO ACCOMPANY PROPOSAL) KNOW ALL PERSONS BY THESE PRESENTS: Thatwe, SEE ATTACHED Copy , as Surety are held and firmly bound unto the CARLSBP MUNICIPAL WATER DISTRICT, in an amount as follows: (must be at least ten pew (10%) of the bid amount) 1. , as Principal, and for which payment, well and truly made, we bind ourselves, our heirs, executors i administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the propc of the above-bounden Principal for: CONTRACT NO. 3425 LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING CMWD PROJECT NO. 94-102 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall c enter into and execute a Contract, including required bonds and insurance policies, wir twenty (20) days from the date of award of Contract by the Board of Directors of Carlsbad Municipal Water District, being duly notified of said award, then this obligal shall become null and void; otherwise, it shall be and remain in full force and effect, the amount specified herein shall be forfeited to the said District. ... ... ... ... I, ... ... ... ... ... ... ... 1 ... I ,e ... Bidder’s 11/07/94 .. E: 8 I In the event Principal executed this bond as an individual, it is agreed that the death Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL, this @ Executed by SURETY this day of ,19 day of 7 19- E PRINCIPAL: SURETY: E (Name of Principal) (Name of Surety) By: By: (sign here) Signature of Attorney-in-Fact B I I I I. 1 I E” 1. I s I (print name here) printed name of Attorney-in-Fa (attach corporate resolution show current power of attorney) (title and organization of signatory) By: (sign here) (print name here) (title of organization of signatory) (Proper notarial acknowledgment of execution of Principal and Surety must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer si the corporation must attach a resolution certified by the secretary or assistant secretary under corporate empowering that officer to bind the corporation.) 3 APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL BY: Deputy General Counsel Bidder’s 11/07/94 I* BID BOND 'NO. GE96 1. .. cr ,I ., .. , t. : . .' .I I .. .. 'I .. : BIDDER'S BOND, .. ' (TO ACCOMPANY PROPOSAL) ' i .( . . 0 .. .. .. .. .. .. .. KNOW'ALL PERSONS BY TXESE €kESENTS: Tha We;PROFESSIONAL RESTORATION SVS . , INC =r a. PripCipd, ant$ .GULF INSURANF , & Sure;r) 'are beld 'and hly bound &a, '&e CLUU MUNICIPAL WATER DISTRICT, in an amount as follows: (must:be at .. .. I'east ted : (10%) of the bid amount) mNTY ,THOUSAND DOLLARS ($20,000.00) .. .. 'for whkh!.payment, well and: trury .made, we bind ~ourselv&, ' our heirs, execultc administrators, successars or assigns, jointly and severally, firmly by,&& .. ,. ,presenk .. .. .. .. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH t~ia if the ;P of the above-bound'en Principal .fay: .. .: .. CONTRhcT NO. 3425' .. LA COSTA~LO'AND SKYLINE RESERVOIRS : ' ' . .I .. .. INTENOR COATING ChdWD PROJECT NO.:34402 .. e ,. .. .. .. .. ' in the C8ty of Carlsbad, isampted'by the Board of Directors, and if tbt PnnCipd &I enter into and execute a Contract, including required%ond.s and insum& poliCi6s ,twenty :(20}. days from the dates of award of Contract by the Board, ufi Dkeclos Carlsbad Municipal Water District, being duly notified of said award, then this ob shall become. null and, vdid; othcxwise, it shall be and remain in frtll force; and.e&c the amount specified herein shaU be forfeited to the said District. .I ... ;. 1 ;. .. ... .. ' ... ,. , ... .. .; i! .. .. e.. .. .. . ... 'I .. <I ... .. '! .I .-- .. .. :I ... ... ... . ... .. ..I .. .. 0 .. I: .. 'Ew 1W .. -. .. ..' .. ... ... ... 4 . .:. .. .. .. .. .... .. .... ... .. .. .. ,I. . 'I . .I. - i~ /. I. ......I... .. .. ':." '.. .. '\ i ,. I. ,: .. .. i . .I' .. .. .. 91 .) , .. .. .. .. .I . .. .. .:. ,_ ..... ... .. , .. .. .. . ,. . ,. . : .. .. .... .. .. .: ! ,.! . . :. :. ! ' . :. ..' .: .. ..: .. .. e': ' ; ,:e , . cih& e~ec&$ !this boAd ai a+r, indiGdual, .:it is,,ap,d that:tlhe &ai t ekxie?ate. &k Surety fiom its ob&ptions-urider,thhis bond. ' Executed by SURETY tZrjs 11th _1 ' . 'i ':I ! .. ... I! :(. .. .. *. .. L .' &ec&j,,by %m&a, w" j 11th .day of JANUARY ... : ?WREn,: ,; I 1 :: i 1 .. .. .. .: ... ... .day of' JANUARY . . J9.95 ..... ... I : .: a .. .:,i . ' .. .. I. ,I j' i ; pm(-Jpa:[i' ' : .. .: 8. 1 ! .: .. ..... .. .. .. .. I . .. ! :' . .. .! ,.. ' .. .. ,. GULF .. INSURANCE COMPANY . . I( (~&e of $gray)! : : ' 'I .. '. .By .... , . .' ... .... ... ; ,:. ' .. .. . ,. ... .. DENNLS. G. WEST .I I. 3. .. .!*. I . :: ,' -. printed name of A~orney-jln-I : .. ' . ;'I P&SSDEWT. ' . .. I .. : !: !i :' ' (dtiach- ' &rparzite.. r&t&tio& &I$ .. "JAMXS CAPOUS .- .. . *nt :nm& $&e).. ..... .. , :' ? . .... ,. I. 'I :j I (P ': .:: ; . I. ,. * .. I. . current powel of attorney) ....... .. .. a .. .. , _. .. ..... ... .... .. :.. ' .. ... ,:.: . , , ., .. .:. ,. ...... .:. , ., .... .. I .. .. ...... .. , 't . ; ...... : . - '.. .I .~. .., ,. , . \._ ' ... .. :, :.. . .. ... : 1 . .:' .. .. ;. . , :: .. . ;I I: .. ... ' .. '':.:SECRETARY ,.I ~ ,: , ; . ., .. ... ....... ....... ... . ; . . ':. . .:. :.. .. ....... (title' of organiiation! of sjptoiy) -.. ' , .. , ! +, .. .. "i ' ' ' . ', . (Propkr n&;al.'&owfed*at of cx~$ntion of Priaapal and Surety must.bc abchtd.) . ' .. .. .. .... ... .. .:. .. .. .. ..: . .:, , ._ .. .. i ' (Presidentor,vj&-p&a&p paiE&x&ykras&tant secrktarymun Sign for &rpodons: %@i&iIlt.o he coqioration must'attach a resohcon ccltilicd by rhc sccrctanry or askam secrcfary w?kr C&XIF? .. ... .... i'. ' empowering thar.o&cei~.o bind.h :coporation.) .. !. : , .. ... '. , ... . . t ,. ...... ... .... .. .... ,. .. ,I' .: I,. .. .. ! .. .. .., . .. ... .. : i.:JQPR ... .. i :: , .. .' j'i . RONAL;D R.' c .. #. .. ' , (..'(. : : .' ... ....... ... _. ... .. .. 1. . .. .. ._. , , ,. : ... . GENERP;L:CQLMEL. . (I ' :BY . : .... ,. . .. .. .. .I .. .*: ........ ...... .. ,. .... ... .. ...... :, . 1.: .... .. ,. .:. , I r' ' ..... ! :. ' (. : _. , , .. . . , .. .... ...... .. .. .. ... .. .. .. .. :- . .. .. : ... ... 8: ., '. .... .. ... . ,. .. ,,I.! '. : : .: . , , , ' .. .<I . :; .: ,. , :I..!. ,. . , ::.. ..... , .. :! . ;. ' .!. , 8,. : .. .. .... ._ .. ., .. ' ! ':, " .' ....... (. '. .: , : e . ,. : .i.! :.a a' .... .. ... .' I.. ... .. , I.. .. . I. . .' ,, . .. ,. ... .. .. .. : '.: , ,a= .. , .. .. .. :: .. ... ... .:'. .. ., ... .. .. .. ,. .. ' 8. ... .I .. . ,.. : ... ,. . t. .. ,< .. '.. : , '. .. , .. . . :_.. . , :. . .* . .. :. ... .. .. , .!'.' ,:: ~ ;' .. . , .. . ,. ... ,. , ... t. .. .. , .. ..... .. .. .. ' .. ', .. .. + * i' ' *T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Countyof SAN DIEGO On 1-10-95 before me, KATHLEEN MAGDALEN MEEKS/NOTARY PI DATE NAME, TITLE OF OFFICER E GI "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) personally appeared &personally known to me - OR - g proved to me on the basis of satisfactory evider to be the person(l2) whose namew ish subscribed to the within instrument and knowledged to me that hem9 execu the same in his&WZmX authoriz capacity(@@J, and that by his/&Wm signature@) on the instrument the person or the entity upon behalf of which person(@ acted, executed the instrume WITNESS my hand and official seal. DENN1S G WEST Though the data below is not required by law, it may prove valuable to persons relying on the document and could p fraudulent reattachment of this form CAPACITY CLAl MED BY SIGNER DESCRIPTION OF ATTACHED DOCUME BID BOND 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 2 NUMBER OF PAGES " 1-10-95 DATE OF DOCUMENT SIGNER IS REPRESENTING: GULF INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(IES) SIGNER@) OTHER THAN NAMED ABOb 01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave , P 0 Box 7184 - Canoga Park, on j--- / c.- &jcf PERSONALLY APPEARED personally known to me (or-pwved-te-me-m-tk-bmk-ef satis$w~&den@) to be the person@) whose nme(5) is/-esubscribed to the within instrument and acknowl- edged to me that he/-sh&bpxecuted the same in his/ ke-l;&k authorized capacity(-ies); and that by his/her/ &t&r signature@> on the instnunent the person+), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. This armfur Oficral Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME P L-? d -9 #2% ,$Q - TITLE OR TYPE OF DOCUMENT TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITIN(IES) SIGNEA(S) OTHER THAN NAMED ABOVI ID-081 Gv. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT I PERSONALLY APPEARED pesem&~~ (or proved to me on the basis of satisfactory evidence) to be the person(+ whose name(&) is/- subscribed to the within instrument and acknowl- edged to me that he/! executed the same in his/ kw authorized capacity(ies), and that by his/W &e& signature@ on the instrument the person(& or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. Tiizs area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pri fraudulent reattachment of this form. CAPACJN CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME 19 fl /> 4 -0 *d c fd 3 WCORPORATE OFFICER J-cq-f%--~ 6-'.4(? - TITLE OR TYPE OF DOCUMENT llhE[S) ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOV ID-OS1 Rev 6/94 ALL-PURPOSE ACKNOWLECGEMENT ny, a corporation duly organized under the laws of the State of Missouri, having its principal ofice in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the lGth day of August, 1993, to wit: "RESOLVED, tha: the President, Executive Vice President or any Senior Vice President of the Company shall have auinority to make, execute and de!iver a Power 9630 BLACK MOUNTAIN ROAD , STE . A SAN DIEGO, CA. 92126 -.’ 5 ~ ;;? ;I : i/ (, I/ I’ _’,’ E 4*’* 1 E 1 1 li # S I. 1 I 1 B” I. li I I BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (TO ACCOMPANY PROPOSAL) Bidder submits herewith a statement of financial responsibility: I* SEF: ENCTtOSRn COPY Bidder’s Statemei Fmancial Responsit 11/07/94 1’ *, 4 .% Professional Restoration Services, Inc. BALANCE SHEET February 28,1994 e ASSETS CURRENT ASSETS Cash, restricted $ 25,006) 565 Mortgage recelvable - current portion Contracts receivable - net 90,517 Costs and estimated earnings in excess of billings 42,084 Inventory 9,500 16,150 Employee loans Rcceivables - other 16,207 10.913 Deposils 2903 13 Loan receivable - stockholder 79,577 TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Furniture and fixtures 3,547 139,241 Equipment and tools 110.142 Vehicles 252,930 194.388 Less accumulated depreciation 58,542 0 OTHER ASSETS Mortgage receivable - long term portion 5 1,976 52.976 %2911 Deposits 1 .06)0 See accompanying notes and accountant's report. 4 >* Professional Restoration Services, Inc. \ BALANCE SHEET (Continued) February 28,1994 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Checks in excess of deposits $ 7,669 Income tax payable 8,890 Payroll taxes payable 85.299 101,858 TOTAL CURRENT LIABILITIES DEFERRED INCOME TAXES 4 1,4109 0 STOCKHOLDER'S EQUITY Capital stock - authorized 100,000 shares of no par value 100,000 Retained earnings 158.764 258.764 stock, 1,000 shares issued. $ 403.031 5 See accompanying notes and accountant's report. I 7 I- 1 I s 8 I I E I. t 1 a I I 1‘ I 8. T BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (TO ACCOMPANY PROPOSAL) The Bidder’s is required to state what work of a similar character to that included in I proposed Contract he/she has successfully performed and give references, with telephc numbers, which will enable the District to judge his/her responsibility, experience and sk An attachment can be used. f SEE ATTACHED REFERENCE SHEET Bidder’s Statemei Technical AI and Experil 11/07/94 -9 0 PROJECT REFERENCES FOR PAIN"G CONTRACT BY PROFESSION& RESTORATION SERVICES, INC. 1994-1 995 THE PORT OF LONG BEACH PIER F BLDGS. F 206 & F207 PAIN"G OF THE TRANSlT SHED CONTRACTNO. HD-Sl881 POC : DALE HILLS 3 10-590-4 172 COMPLETION DATE 1-95 GENERAL CONTRACTOR : MEAR CONSTRUCTION TOTAL CONTRACT AM0"T: $850,000 JOB DISCRZPTION: LEAD PAINT REMOVAL ON WOOD I.?rND STEEL SURFACES BY' JET STRIPPER METHOD WET BLASTING. REPAI"G OF ALL INTERIOR AND EXTE€UOR SURFACES WITH EPOXY MATERTALS 1 993- 1 994 e SONOMA COUNTY WATER AGENCY RESEXVOJRS NO. 1 & NO. 2 CONTRACT NO. 600-7-7 #25 POC: RICHARD LOJKO 707-524-3786 COMPLETION DATE: 6-94 GENERAT., CONTRACTOR: PROFESSIONAL RESTORATION SERVICES, INC. TOTAL CONTRACT AMOUNT: & 393,775.00 CONTRACT DISCRIPTION: LEAD PAINT REMOVAL STRUCTURED STEEL WATER TANKS 1) 8,000,000 GALLONS AND 1)2,000,000 GALLONS REPAINTING OF BOTH INTERIOR AND EXTERIOR. WELD WELDING REPAIRS. 1993 U.C.S.D WATTEN COLLEGE APARlXENTS PAZ"G UNIVERSITY OF CALIFORNIA AT SAN DIEGO CMW (OWNER) CONTRACT NO. A4S-87O/JOB N0.2376 POC: MARKNELSON 619-534-1978 COMPLETION DATE: 8-93 GENERAL CONTRACTOR: PROFESSIONAL RESTORATION SERVICES, INC. TOTAL CONTRACT AMQU": $292,000.00 JOB DISCRIPTION: ELASTOMRIO COATING S OF NEW FACILITIES STUDENT APARTMENT EXTERIOR e I F 3- 1993 WARREN COLLEGE RESIDENCE HALLS AND APARThdE3T.S UNIVERSITY 09F CALFORNIA AT SAN DIEGO CAMPUS (OWNER) 0 CONTRACT NO. 1808/%6 480A COMPLETION DATE: 8-93 POC: FRED FRlEDL 619-274-6874 GENERAL CONTRACTOR N" CONSTRUCTION TOTAL CONTRACT AMOUNT: & 187,000.00 JOB DISCRIPTION: INTERIOR AND EXTERIOR PAINTING OF NEW FACILITIES STUDENT HOUSING 1 1993 JACOB WEINBURGER COURTHOUSE CONTRACT NO.GS09P 92 KTC 0046 GENERAZ, CONTRACTOR: SOLTEK OF SAN DIEGO TOTAL CONTRACT AMOUNT: $419.000.00 JOB DISCIUPTION: LEAD PAINT REMOVAL OF AN HISTORICAL BUIJBING COMPLETION DATE; 6-93 POC: STEW THOMPSON 619-233-9391 1992-1993 LOMALINDAELEMENTARY SCHOOL CONTRACT NO. 08-7539-001-00-00 COMPLETION DATE: 5-93 @ POC: KRISMEYER 714-793-2301 GENERAL CONTRACTOR, K.L. KNEFF CONSTRUCTION CONTRACT AMOUNT: $45,568.00 JOB DISCFWTION: WPAINT SCHOOL EXTERIOR 1991 OTAY WATER DISTRICT CONTRACT NO. I.D. l(657-1) 9 (1296-1) GENERAL CONTRACTOR: XIOS PAINTING COMPANY CONTRACT AMOW: $120,250.00 JOB DISCFWTION, REMOVAL OF OLD COATINGS IN TANK INTERIOR BY SAND BLASTING AND HAND MECHANICAL REMOVAL OF COAT., TAR APPLICATION OF NEW EPOXY COATINGS COMPLETION DATE: 4-91 POC: RTKREUR.TER 6701-2222 1 1990 DEPARTMENT OF THENAVY NASS NORTH ISLAND CORONADO CONTRACT NO. N68711-89-M-A603 POC: KEVIN MCCTJLLOUGH 619-545-3031 COMPLETION DATE: 3-90 GENERAL CONTRACTOR: PROFESSIONAL RESTORATION SERVICES, INC. @ CONTRACT AMOUNT: $14,000.00 JOB DISCRIPTION: RE-PAIR AND RE-COAT UNDERGROUND STEEL PETROLEUM TANK NO. 1035 AT NAVAL AR STATION NORTH ISLAND CORONADO, CA -> 1; .'J 1 NON-COLLUSION AFFIDAVIT 0 I 1 1 8 I I. f I II ! 1' I E I. (TO ACCOMPANY PROPOSAL,) TO BE EXECUTED BY BIDDER AND SUBMITT'ED WITH BID The Bidder shall fill in the three blank lines below with: 1. 2. 3. The name(s) of the person(s) signing this bid on behalf of the Bidder. The title(s) of the person(s) signing this bid in relation to the Bidder. The legal name of the Bidder. I State of California 1 County of 1 ) SS. 131 -36-4001 being first duly swo JAMES G. CAPOUS T (Name(s) of Person(s) Signing this Bid on Behalf of the Bidder) deposes and says that he or she is c PRESIDENT (Title(s) of the Person(s) Signing this Bid in Relation to the Bidder) PROFESSIONAL RESTORATIOM SERVICES, INC. the pa (Legal Name of the Bidder) making the foregoing bid that the bid is not made in the interest of, or on behalf of, i undisclosed person, partnership, company, association, organization, or corporation; that * bid is genuine and not collusive or sham; that the bidder has not directly or indirer induced or solicited any other bidder to put in a false or sham bid, and has not direct11 indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to pu a sham bid, or that anyone shall refrain from bidding; that the bidder has not in manner, directly or indirectly, sought by agreement, communication, or conference v anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, prc or cost element of the bid price, or of that of any other bidder, or to secure any advant against the public body awarding the contract or anyone interested in the proposed contr, that all statements contained in the bid are true; and further, that the bidder has I Non-Collusion Affic 0 niio7194 . e I ?e- SEE ATTACHED NOTIRZED JURRAT 1 I directly or indirectly, submitted his or her bid price or any breakdown thereof, or tl contents thereof, or divulged information or data relative thereto, or paid, or will not pi any fee to any corporation, partnership, company association, organization, bid deposit01 or to any member or agent thereof to effectuate a collusive or sham bid. IN WITNESS WHEREOF, the undersigned represent and warrant that they have the rig1 power, legal capacity and authority to enter into and declare under penalty of perjury th the foregoing is true and correct, and that this affidavit was executed on behalf of t Bidder, and have set their names, titles, and sign ures hereon, thisxday o I I li 1 6 1 R. c I s 195, at 5 * ,D County, in the State of tfif\\9w+ . LA COSTA LO AND SKYLINE RESERVOIRS PROJECT: INTERIOR COATING BIDDER: QOLi rnG& 1 b%~~~c~~~~ ~r\pc~~>, .UC, %M w. a, c 5% A. 52% D. pa -%u& r. d-- Name Ahdress Ll7- 57%- 5b70 Signatures must be made, and Notary Acknowledgements of execution of Bidder must I Cttached, To be submitted as part of the Bid Documents. I declare under penalty of perjury that affidavit was executed on the d$3EL day o Subscribed and sworn to before me on the 4- a' day of ~~~'~~y ,19G" n (NOTARY SEAL) 1* Dennis G. West qgnature of Notary b& 1 :"J e OFGICIAL SEAL i li Non-Collusion Affi 11/07/94 1. r PERSONALLY APPEARED personally known to me {Wo me - - to be the persod& whose name@ is/- subscribed to the within instrument and acknowl- edged to me that he/- executed the same in his/ hez+&&r authorized capacity@), and that by hiSM tkeir signature(sj-on the instrument the person@, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. Tliis area fir Oficd Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prc fraudulent reattachment of this form. CAPACIN CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI N*d- cOL&L4J/oJ /wPidA~/ a CORPORATE OFFICER - TITLE OR TYPE OF DOCUMENT m(S) NUMBER OF PAGES * DATE OF DOCUMENT SIGNER IS REPRESENTING: paFe.3slos\lbc &=-5* mGJ * NAME OF PERSON(S) OR ENTTP((IES) SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLECGEMENT ID-081 &. 6/94 I, I 8 1 1 f I s 9. I I 1 I 1 I I c L CONTRACT - PUBLIC WORKS I. This agreement is made this&day of , 19fby and between the Carlsb; Mmhose princil Municipal Water District of Carlsbad, Cal mia, a municipal corporation, (hereinafi called "District"), and PROFESSIONAL RESTORATION SERVICFC place of business is 9630 BLACK MOUNTAIN ROAD, SUITE A, SAN DIEGO, CA (hereinafter called "Contractor".) District and Contractor agree as follows: 1. + DescriDtion of Work. Contractor shall perform all work specified in the Contr Documents for: CONTRACT NO. 3425 LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING CMWD PROJECT NO. 94-102 1 (hereinafter called "project".) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materj tools, equipment, and personnel to perform the work specified by the Conti Documents. Contract Documents. The Contract Documents consist of this Contract, Nc Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontracl Bidder's Statements of Financial Responsibility and Technical Ability, Non-collu Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, Special Provisions, and all proper amendments and changes made theretc accordance with this Contract or the Plans and Specifications, and all bonds for project; all of which are incorporated herein by this reference. Contractor, herbis subcontractors and materials suppliers shall provide and in the work as indicated, specified, and implied by the Contract Documents. Any i1 of work not indicated or specified, but which are essential to the completion 0' work, shall be provided at the Contractor's expense to fulfill the intent of documents. In all instances through the life of the Contract, the District will bf interpreter of the intent of the Contract Documents, and the District's dec Contract - Public ' . 11/07/91 3. I. I 8 1 1 I I I I. 1 1 I 1 I I I I I relative to said intent will be final and binding. Failure of the Contractor to appri: subcontractors and materials suppliers of this condition of the Contract will n relieve responsibility of compliance. Pavment. For all compensation for Contractor's performance of work under th Contract, District shall make payment to the Contractor per Section 9-3 of t Standard SDecifications for Public Works Construction (SSPWC) 1994 Edition, a. the latest supplement, hereinafter designated "SSPWCtt, as issued by the Southe California Chapter of the American Public Works Association and as amended the special provisions section of this contract. The closure date for each montl invoice will be the 30th of each month. Invoices from the Contractor shall submitted according to the required District format to the District's assigned projt manager no later than the 5th day of each month. Payments will be delayed invoices are received after the 5th of each month. The final retention amount sh not be released until the expiration of thirty-five (35) days following the record: of the Notice of Completion pursuant to California Civil Code Section 3184. Public Contract Code section 20104.50 requires a summary of its contents to be forth in the terms of the contract. Below is such a summary. However, contrac should refer to Public Contract Code section 20104.50 for a complete statement 4. I' 8 the law. The District shall make progress payments within 30 days after receipt of undisputed and properly submitted payment request from a contractor OD construction contract. If payment is not made within 30 days after receipt of undisputed and properly submitted payment request, then the District shall interest to the contractor equivalent to the legal rate set forth in subdivision (a: Section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the District shall, as soon as practicable a receipt, determine whether the payment request is a proper payment request. If District determines that the payment request is not proper, then the request shall returned to the contractor as soon as practicable but not later than seven (7) d after receipt. The returned request shall be accompanied by a document setting fc in writing the reasons why the payment request was not proper. If the District fails to return the denied request within the seven (7) day time li then the number of days available to the District to make payment without incur interest shall be reduced by the number of days by which the District exceeds Seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion of final payment designated by the contract as "retention earnings". 0 5. Independent Investigation. - Contractor has made an independent investigation 0' jobsite, the soil conditions at the jobsite, and all other conditions that might a Contract - Public V 11/07/94 I I 8 I I I I 1 I. the progress of the work, and is aware of those conditions. The Contract pri includes payment for all work that may be done by Contractor, whether anticipatc or not, in order to overcome underground conditions. Any information that m have been furnished to Contractor by District about underground conditions or 0th job conditions is for Contractor’s convenience only, and District does not warra that the conditions are as thus indicated. Contractor is satisfied with all j( conditions, including underground conditions and has not relied on infformatic furnished by District. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsit: for all loss or damage arising out of the nature of the work or from the action oft elements or from any unforeseen difficulties which may arise or be encountered the prosecution of the work until its acceptance by the District. Contractor shall a1 be responsible for expenses incurred in the suspension for discontinuance of t work. However, Contractor shall not be responsible for reasonable delays in 1 completion of the work caused by acts of God, stormy weather, extra work, matters which the specifications expressly stipulate will be borne by District. Hazardous Waste or Other Unusual Conditions. If the contract involves diggi trenches or other excavations that extend deeper than four feet below the surfa Contractor shall promptly, and before the following conditions are disturbed, no1 District, in writing, of any: A. No 6. 7. Material that Contractor believes may be material that is hazardous waste, defined in Section 25117 of the Health and Safety Code, that is required be removed to a Class I, Class 11, or Class I11 disposal site in accordance w 1 provisions of existing law. 1 indicated. B. Subsurface or latent physical conditions at the site differing from thc C. Unknown physical conditions at the site of any unusual nature, differr materially from those ordinarily encountered and generally recognized inherent in work of the character provided for in the contract. ID 1 I I I 1 District shall promptly investigate the conditions, and if it finds that the conditi do materially so differ, or do involve hazardous waste, and cause a decrease increase in contractor’s costs of, or the time required for, performance of any 1 of the work shall issue a change order under the procedures described in 1 contract. In the event that a dispute arises between District and Contractor whether conditions materially differ, or involve hazardous waste, or cause a decrease increase in the Contractor’s cost of, or time required for, performance of any 1 of the work, Contractor shall not be excused from any scheduled completion d provided for by the contract, but shall proceed with all work to be performed un Contract - Public W 11/07/94 I. 1 II II 1 I I I I I. I I I I 1 I 1 8 the contract. Contractor shall retain any and all rights provided either by contra or by law which pertain to the resolution of disputes and protest between tl contracting parties. Change Orders. District may, without affecting the validity of the Contract, ord changes, modifications and extra work by issuance of written change ordei Contractor shall make no change in the work without the issuance of a writtc change order, and Contractor shall not be entitled to compensation for any ext work performed unless the District has issued a written change order designating advance the amount of additional compensation to be paid for the work. If a chan order deletes any work, the Contract price shall be reduced by a fair and reasonal amount. If the parties are unable to agree on the amount of reduction, the wc shall nevertheless proceed and the amount shall be determined by litigation. ']I only person authorized to order changes or extra work is the Project Manager. T written change order must be executed by the Executive Manager or the Board Directors, as allowed by law and according to the latest procedures adopted resolution of the board. Immigration Reform and Control Act. Contractor certifies he is aware of 1 requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectic 1101-1525) and has complied and will comply with these requirements, including, 1 not limited to, verifying the eligibility for employment of all agents, employe subcontractors, and consultants that are included in this Contract. Prevailing Wage. Department of Industrial Relations has determined the general prevailing rate of j diem wages in accordance with California Labor Code, Section 1773 and a copy a schedule of said general prevailing wage rates is on file in the office of Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Califor Labor Code Section 1775, Contractor and all subcontractors shall pay prevail wages. Contractor shall post copies of all applicable prevailing wages on the job s For this contract, eight hours shall constitute a legal day's work. Work beyond ei hours shall be paid at a rate not less than one and one half times the prevail rates. Wage rates for Sundays and holidays shall be paid at a rate not less than 1 times the prevailing rates. The holidays upon which such rates shall be paid shall all holidays recognized in the collective bargaining agreement applicable to particular craft, classification or type of workers employed on the projects. Indemnification. Contractor shall assume the defense of, pay all expenses of defei and indemnifj and hold harmless the District, and its officers and employees, fi all claims, lawsuits or judgements for any loss, damage, injury and liability of e\ kind, nature and description, directly or indirectly arising from or in connection F the performance of the Contractor or work; or from any failure or alleged failurc Contractor to comply with any applicable law, rules or regulations including th relating to safety and health; except for loss or damage which was caused solelj 8. I. 9. 10. Pursuant to the California Labor Code, the director of 11. Contract - Public I% 11/07/94 I* 8 I 1 1 I 1 I I lo I 1 I I 1 8 the active negligence of the District; and from any and all claims, loss, damage injury and liability, howsoever the same may be caused, resulting directly or indireci from the nature of the work covered by the Contract, unless the loss or damage w caused solely be the active negligence of the District. The expenses of defen include all costs and expenses including attorneys fees for litigation, arbitration, other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges to tl award of the contract to Contractor, and Contractor will pay all costs, includi defense costs for the District. Defense costs include the cost of separate counsel f District, if District requests separate counsel. Insurance. Contractor shall procure and maintain for the duration of the contr; insurance against claims for injuries to persons or damage to property which m arise from or in connection with the performance of the work hereunder by t Contractor, his agents, representatives, employees or subcontractors. Said insuran shall meet the District’s policy for insurance as stated in Resolution No. 772. (A) t 12. COVERAGES AND LIMITS - Contractor shall maintain the types coverages and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury a property damage. If the policy has an aggregate limit, a separ; aggregate in the amounts specified shall be established for the risks j which the District or its agents, officers or employees are additioi insureds. 1 2. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury a property damage. In addition, the auto policy must cover alny vehic used in the performance of the contract, whether used onsite or offsi whether owned, nonowned or hired, and whether scheduled or nc scheduled. The auto insurance certificate must state the coverage for “any auto” and cannot be limited in any manner. I 3. Workers’ Compensation and Emtdoyers’ -- Liabilitv Insurance: Workers’ compensation limits as required by the Labor Code of 1 State of California and Employers’ Liability limits of $1,000,000 I incident. Worker’s compensation offered by the State Compensatj Insurance Fund is acceptable to the District. (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies Contract - Public WC 11/07/94 I I. 1 I 1 8 I I I So I 1 I 1 8 1 I insurance required under this agreement contain, or are endorsed to contai the following provisions. General Liability and Automobile Liabili Coverages: 1. The District, its officials, employees and volunteers are to be covert as additional insureds as respects: liability arising out of activiti performed by or on behalf of the Contractor; products and complett operations of the contractor; premises owned, leased, hired borrowed by the contractor. The coverage shall contain no sped limitations on the scope of protection afforded to the District, t 1 officials, employees or volunteers. 2. The Contractor's insurance coverage shall be primary insurance respects the District, its officials, employees and volunteers. A insurance or self-insurance maintained by the District, its officia employees or volunteers shall be in excess of the contractor's insuran and shall not contribute with it. Any failure to comply with reporting provisions of the policies sh not affect coverage provided to the District, its officials, employees volunteers. Coverage shall state that the contractor's insurance shall apl separately to each insured against whom claim is made or suit brought, except with respect to the limits of the insurer's liability. "CLAIMS MADE POLICIES - If the insurance is provided on a "clai made'' basis, coverage shall be maintained for a period of three ye following the date of completion of the work. NOTICE OF CANCELLATION - Each insurance policy required by 1 agreement shall be endorsed to state that coverage shall not be suspend voided, canceled, or reduced in coverage or limits except after thirty (. days' prior written notice has been given to the District by certified m return receipt requested. 3. 4. (C) (D) (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVEL Any deductibles or self-insured retention levels must be declared to i approved by the District. At the option of the District, either: The insu shall reduce or eliminate such deductibles or self-insured retention level! respects the District, its officials and employees; or the contractor SI procure a bond guaranteeing payment of losses and related investigati claim administration and defense expenses. WAIVER OF SUBROGATION - All policies of insurance required un this agreement shall contain a waiver of rights of subrogation the insurer I have or may acquire against the District or any of its officials or employ Contract - Public W I (F) 11/07/94 I. 8 I 1 1 I I i Eo I I (G) SUBCONTRACTORS - Contractor shall include all subcontractors insureds under its policies or shall furnish separate certificates ai endorsements for each subcontractor. Coverages for subcontractors shall 1 subject to all of the requirements stated herein. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure that have a rating in Best’s Key Rating Guide of at least A-:V, and a authorized to transact the business of insurance by the Insuran Commissioner under the standards specified by the Board of Directors Resolution No. 772. VERIFICATION OF COVERAGE - Contractor shall furnish the Distr with certificates of insurance and original endorsements affecting wvera required by this clause. The certificates and endorsements for each insuran policy are to be signed by a person authorized by that insurer to bi coverage on its behalf. The certificates and endorsements are to be in for approved by the District and are to be received and approved by the DistI before work commences. COST OF INSURANCE - The Cost of all insurance required under t agreement shall be included in the Contractor’s bid. (H) I’ (I) (J) 1 13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims I (Section 900 et seq of the California Government Code) for any claim or cause action for money or damages prior to filing any lawsuit for breach of this agreeme Maintenance of Records. Contractor shall maintain and make available at no o to the District, upon request, records in accordance with Sections 1776 and 1812 Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not ma&< the records at Contractor’s principal place of business as specified above, Contrac shall so inform the District by certified letter accompanying the return of t Contract. Contractor shall notify the District by certified mail of any change 14. I address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing P I Section 1720 of the Labor Code are incorporated herein by reference. Security. Securities in the form of cash, cashier’s check, or certified check may substituted for any monies withheld by the District to secure performance of i contract for any obligation established by this contract. Any other security tha mutually agreed to by the Contractor and the District may be substituted for mor withheld to ensure performance under this Contract. Affirmative Action. The Carlsbad Municipal Water District is an equal opportui employer. 15. 16. I 1 I I 17. Contract - Public W P 1/07/94 ’ I* I 1 I 1 1 I I 18. Provisions Rewired bv Law Deemed Inserted. Each and every provision of 1s clause required by law to be inserted in this Contract shall be deemed to be in: herein and included herein, and it through mistake or otherwise, any such pro is not inserted, or is not correctly inserted, then upon application of either pari Contract shall forthwith be physically amended to make such insertion or mrre t PROFESSIONAL RESTORATION S NOTARIAL ACKNOWLEDGMENT OF Contractor EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED JAMES G. CAPOUS w- I (CQWOItATE SEAL) PRESIDENT Title .-- NICHOLAS RAGOUSIS APPROVED TO AS TO FORM: RONALD R. BALL le General Counsel I Title _I- By: S E CRETARY I I 8 I I g Board of Directors Contract - Public 11lO71 -1. 0 CAL/ i%QAhA COUNTYOF 3&d D IEAC? on 3-20-95 , before me, >EMdh3 6, flfi .44&4 PERSONALLY APPEARED , )At%? E5 3 &PQflS 1 ss. STATE OF - __?--- _c______- I \ personally known to me (-isof sa425-k- ' ) to be the person@) whose name(5) is/- subscribed to the within instrument and acknowl- edged to me that he/.-executed the same in his/ hz+&he~ authorized capacity&& and that by his,&tes/ .theis signature@ on the instrument the person@), or the entiity upon behalf of which the person(s) acted, executed the mstrument. WTTNESS my hand and official seal. Signature < dM T12s area for Oficiai Notmai Seai COUNTy OF S&'' Q'L?~ 0 PERSONALLY APPEARED pexsonaLly-hew+bme (or proved to me on the basis of satisfactory evidence) to be the person0 whose name@) is,k-e subscribed to the within instrument and achowl- edged to me that he/!executed the same in his/ le&k-k authorized capacity(+, and that by hisIh4 &&+signature($) on the instrument the person@, or the entity upon behalf of which the person& acted, executed the instrument. WITNESS my hand and official seal. This area for Oficlal Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME TITLE OR TYPE OF DOCUMENT 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLECGEMENT ID-081 Rev 6/94 BOND 8 GE36SU2YY LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, St2 California, by Resolution No. 896 awarded to Professional Restoration Servbs. Inc. (hereinafter desig as the "Principal"), a Contract for: , adoptedMARCH 7. 1995 CONTRACT NO. 3425 - CMWD PROJECT NO. 94-102 LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING in the Carlsbad Municipal Water District, in strict conformity with the drawing: specifications, and other Contract Documents now on file in the Office of the Secret; the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of 1 are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the thereof require the furnishing of a bond, providing that if Principal or any of subcontractors shall fail to pay for any materials, provisions, provender or other suppl teams used in, upon or about the performance of the work agreed to be done, or fo work or labor done there of any kind, the Surety on this bond will pay the same t extent hereinafter set forth. NOW, THEREFORE, WE, Principal (hereinafter designated as the "Contractor"), and GULF INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water D in the sum of Ninety Three Thousand One Hundred Five/OO----------------- ), said sum being fifty percent (50%) ( estimated amount payable by the Carlsbad Municipal Water District under the terms t Contract, for which payment well and truly to be made we bind ourselves, our executors and administrators, successors, or assigns, jointly and severally, firmly by presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or h subcontractors fail to pay for any materials, provision, provender, supplies, or teams in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insu Code with respect to such work or labor, or for any amounts due under the UnempIoq Insurance Code with respect to such work or labor, or for any amounts required . deducted, withheld, and paid over to the Employment Development Department fro1 wages of employees of the contractor and subcontractors pursuant to Section 13020 ( Unemployment Insurance Code with respect to such work and labor that the Surety wi for the same, not to exceed the sum specified in the bond, and, also, in case suit is brc upon the bond, costs and reasonable expenses and fees, including reasonable attorney's to be fixed by the court, as required by the provisions of Section 3248 of the California Professional Restoration Services, Inc. 0 Dollars ($ 93,105.00 --------___ 0 Code. Labor and Material: 1 1/07/9 This bond shall inure to the benefit of any and all persons, companies and corp with Section 3082). In the event that Contractor is an individual, it is agreed that the death of a Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 20th Executed by SURETr' this 20th I entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (corm a day of MABcH ,1995. MARCH , 1995. ! COrnCTOR: SURETY: I -- PROFESSIOWBL ESTOBBTION SERVICES, LNC. GULF INSUBBNCE COMPANY i (hame of Surety) B i _- JAMES c. CAPOUS DENNIS G. WEST @pint name here) Printed name of Attorney-in-Fact - PRESIDEKT (attach corporate resolution s 0' current power of attorney) . . Nicholas Ragousis (print name here) Secretary (zitle and orsanization of signatory) (Pmper oorariai acknowledge of execution by CONTRACTOR and SURETY mtm be attached) (President or vice-president and secretary or assisrast stmtary must sign for corporatiom If only one offic the corporation must attach a rrsoiution certified by the secreary or assisrant secretary under corpor. empowering that offictr to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL 0 a UDor and Material 1 1 /07? CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~ALI~FNA before me, KATHLEEN MAGDALEN MEEKS/NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) personally appeared DENNIS G- LESI' 0 personally known to me - OR - B proved to me on the basis of satisfactory evider to be the person(@ whose name(nr) is/: capacitym, and that by his/- signature@) on the instrument the person, or the entity upon behalf of which t person(@ acted, executed the instrume WITNESS my hand and official seal. Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prf fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI 50% PAYMENT BOND c] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 2 NUMBER OF PAGES 3-20-95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTW(IES) GULF INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, Cfl COUNTY OF PERSONALLY APPEARED personally hown to me (ar--p-wv-eUa&e~mf &&- . e$ to be the person@+ whose name(s) is/-aQAsubscribed to the within instrument and acknowl- edged to me that he/sw-executed the same in his/ he+#he+authorized capacity(*, and that by his/&/ their signature(+on the instrument the person(+, or the Dennis G. West NOTARY PUBLIC-CALI FORN I A entity upon behalf of which the person(s) acted, executed PRINCIP4L CFFICE iN the instrument. SAh DIEGO COUNTY WITNESS my hand and official seal. This area for OfjClcial Notarml Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: p&+c~j(3.JaL. &~$>.%%7F-36-. J,.,. 4 LJC - N E OF PERSON(S) OR EMIlY(1ES) *-7 SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLECGEMENT ID081 Rev 6/94 COuNTy OF 5%~ D8E hc-* PERSONALLY APPEARED --or proved to me on the basis of satisfactory evidence) to be the person@)- whose name(+ is/! subscribed to the within instrument and acknowl- edged to me that hebhe-xecuted the same in his/ ,hercthgir authorized capacity@& and that by his&%/ -&&s signature@on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. NCIPAL OFFICF IN This area for Oficiai Notanal Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. DESCRIPTION OF AllACHED DOCUME! CAPACIN CLAIMED BY SIGNER /7 W-Lir- /!4227f/4c J55ylJ7 TITLE OR TYPE OF DOCUMENT 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR / 3 7/4jJ -7 OC- DATE OF DOCUMENT SIGNER IS REPRESENTING: /4z&:%5&&& flESfiL&?& 3-& <4y- NA OF PERSON(S) OR EMTP((IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev 6/94 ALL-PURPOSE ACKNOWLECGEMENT r, PREMIUM $4655.00 dntEFilwlt2rmmZm~ BOND # GE5680299 The Find F?-wm~% is 'Fea&ixzt,& FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, Sta California, by Resolution No. 896 , has awardc Professional Restoration Services, Inc. , (hereinafter designated as "Principal"), a Contract: a , adopted MARCH 7, 1995 CONTRACT NO. 3425 - CMWD PROJECT NO. 94-102 LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING in the Carlsbad Municipal Water District, in strict conformity with the contract, the draF and specifications, and other Contract Documents now on file in the Office of the Secrr of the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), all of v are incorporated herein by this reference. WHEREAS, Principal h& executed or is about to execute said Contract and the tl thereof require the furnishing of a bond for the faithful performance and warranty of Contract; NOW, THEREFORE, WE, Professional Restoration Services, Inc. , as Prim (hereinafter designated as the "Contractor"), and GULF INSURANCE COMPANY Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the ofOne Hundred Eighty Six Thousand Two Hundred Ten/OO Dollars ($ 186,210.00 said sum being equal to one hundred percent (100%) of the estimated amount oi Contract, to be paid to District or its certain attorney, its successors and assigns; for w payment, well and truly to be made, we bind ourselves, our heirs, executors administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above boui Contractor, their heirs, executors, administrators, successors or assigns, shall in all tk stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements in the Contract and any alteration thereof made as therein provided on i part, to be kept and performed at the time and in the manner therein specified, and i respects according to their true intent and meaning, and shall indemnify and save ham the Carlsbad Municipal Water District, its officers, employees and agents, as the stipulated, then this obligation shall become null and void; otherwise it shall remain in force and effect. As a part of the obligation secured hereby and in addition to the face amount spec. therefor, there shall be included costs and reasonable expenses and fees, inch reasonable attorney's fees, incurred by the District in successfully enforcing such obligai a11 to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no charge, extension of time, alteration or addition tc Faithful Perform Warranty 11/07/94 0 0 terns of the Contract, or to the work to be performed thereunder or the specif ammpanying the same shall affect its obligations on this bond, and it does herek notice of any change, extension of time, alterations or addition to the terns of the Cc or to the work or to the speciijcations. h the event that Contractor is an individual, it is agreed that the death of a~ Contractor shall not exonerate the Surety fiom its obligations under this bond. Executed by CONTRACTTOR this 20th $ Executed by SuRE'IY this 20th day of MARCH * 1925. MARCH ,1995. .I I CONTRACTOR SURETY: C. GmF INSWE CQHPANY i @Tame of Surety) i c ipature of Attorney-&Fact 1 - By: +=J'&#b& b @&%7-, Jms c. CAPOUS DENNIS G. WEST - @rint name here) - PES DEIT (attach corporate resolution sh (title ad organization of signatory) Printed name of Attorney-in-Fiict 4 current power of artomey) e i BF Nicholas Ragousis @kt name here) (title and orgniation of signatory) : Sercretary .D i I (Roper notanal acknowledge of execution by COhTRACTOR and SURETY must be artached) (President and vim-president and secretary must sign for corpora~ons If only one officer signs, the corpc am& a resolution certified by the semary or assisant secrerary under corporate seal empowering &at off a i bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL e Faithful Periorm Wamnry 1 l/Gi,94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA before me, KATHLEEN MAGDALEN MEEKS/NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" personally appeared DENNIS Ge WEST 0 personally known to me - OR - B proved to me on the basis of satisfactory eviden to be the person(% whose name(9 is18 subscribed to the within instrument and i knowledged to me that he capacityw, and that by his/- signature@) on the instrument the person( or the entity upon behalf of which t person(& acted, executed the instrume WITNESS my hand and official seal. NAME(S) OF SIGNER(S) Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prc fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI 100% PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TlTLE(S) 0 GENERAL 2 M ATTORNEY4 N-FACT GUARDIAN/CONSERVATOR NUMBER OF PAGES 3-20-95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE GULF INSURANCE COMPANY 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CP COuNTy OF ~%LI 3gch(7 3 PERSONALLY APPEARED personally known to me (Of sa%+- . -e+ to be the person@) whose name(*} is/ae-subscribed to the within instrument and achowl- edged to me that he/ xecuted the same in his/ he%authorized zw, and that by his/he/ their signature(+on the instrument the person(& or the entity upon behalf of which the person@,) acted, executed OFFtCIAL SEAL j Dennis G. west the instrument. fiGTAaY PUBLIC CALlCORNlA PRtkCIPkL OFFICE iN SAN OlEGO CQlJNTY WITNESS my hand and official seal. This nren for OfFcial Notnrtal Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI .a CORPORATE OFFICER - TITLE OR TYPE OF DOCUMENT m(S) "Z 0 ATTORNEY-IN-FACT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLECGEMENT ID-081 &v. 6/94 \ /I/, [j-#j (/.q J @gq G&-:&,l 5.iJ -12_ PERSONALLY APPEARED P===Wo=( 03 proved to me on the basis of satisfactory evidence) to be the person@ whose name(@ is/k.ssubscribed to the within instrument and acknowl- edged to me that he/&&hey-executed the same in his/ h.e&k& authorized capacity(*, and that by his/- .tkeir signature(@ on the instrument the person& or the entity upon behaIf of which the person(53 acted, executed the instrument. Wl"ESS my hand and official seal. This area for Oficzal Notaml Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME id) 4 $~~&j&+&w4 $2 #/J,O - TITLE OR TYPE OF DOCUMENT seT&p& Q+&f ' l-m-E(S) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: N~MJE OF PERSON(S) OR ENTITY(IES)) t SIGNER(S) OTHER THAN NAMED ABOVI f&&&SJ * rl. J 4 c LELSCLdQb .& $& , /.:...: ALL-PURPOSE ACKNOWLEDGEMENT ID-081 Rev. 6/94 ONJUNCTION WITH THE ORIGINAL. KNOWN ALL NiEN BY THESE PRESENTS: That the Gulf insurence Com- its principal office in the city of !wing, Texas, pursuant to the following resolution, adopted by the Finance L Executive Committee or‘ ’be Board of Cirectors of the szid (IF pany, a corporation duly organized under the laws of the State of Missouri, having PROFESSIONAL RESTORATION SERVICES, I SAN DIEGO, cA. 92126 9630 BLACK MOUNTAIN ROAD 9 STE - A wise issue a policy or policies of insurance on behdf of Guli Insurance Company. 04 East Katella . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , PROFESSIONAL RESTORATION SERV 9630 BLACK MOUNTAIN RD. SAN DIEGO, CA 92126 THIS IS TO CERTIFY TYPE OF INSURANCE POLICY NUMBER UMrrS ALL OWED AUTOS SCHEDULED AUTOS EMPLOYERS’ LIABILITY RLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD CA 92008 POLICY ?J'UMEiEW: MCL 431636 COMMERCIAL GENERAL LIABILIT 0 fT .c2AREFrnQ SEES OR This endorsement modifies insurance provided mder the following: CO&lMERglIwhs GENE TY CBVEWGE PART, ]Name of Person or organization: CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMIN0 REAL C%BHPL$Brn, CA 92088 (if no entry appears above, information required to complete this endorsemen will be shown in the Declarations as applicable in the endorsement.) WHQ IS AN INSURED (Section 11) is amended to include as an insured the person o organization shown in the Schedule, but only with respects to liability arisin aut of "your work" for that insured by or for you. Waiver of subrogation as respects insured's operations is included. 0 CG 2Q 18 PI 85 Copyrightp Insurance Services Office, Ine., 1984 0 PCtiCY 'NUMBER: 01Q777619-?0 TW!s E&!DQRSE?ilE?VT CHANGES THE PBEICY. PLEASE READ fT CAREFULL AD9~T30P4WE Ihrld3F'ED I-$ - Q!JyNERS, LESSEES ofi 0 CONTRACTORS (FQR*?#+q 5) 7. . !?Is sriosrcemcnt modiiies !nsi;;;nc2 prr;vlclftci ~incler :he :a/iowif;g. COMMERCIAL AUTOMOBILE- LIABILITY COVERAGE PART SCHEDULE Name of 'Person or Organitation: 23-d $~~~-?~~ $:AFT ~~~~*~x~~ 5950 E csmirs? Ra3i CazLskad, G "2006 (!: no i?:?:ry ;?g3esrci ancva !:;:prr,j: JS ~i~::ircsoie TC ;!:I% cni3rwrnen: i !,'fi!S IS AN i!VSQRE2 ;Sect:rJ:: ii) !j 3cenefts :c ,,7<:!i;t."c ;-js 31; 5 Llir?: ::?-!- .I-, .-, c ,r,r ..,, t.+_,, ..,,. .:- ,:.!'!c'nt ,!ll!; :*,* S:i(,\?rr? /:; 'i-5 Z(AA u:?G !kle p22s;;: 3r <>rg-$r,:?jt,C;s Sh0\ ..I- __ , .. Smeecie. >\;t only wlt~ rt?SpeCt io ii;jC;ity;,t ;3?;~1(>g <>lit C: 'y.~l;; ~WXK 72: :nai ifisiirp< 5y 07 :(): yu~ 0 -a CG 29 10 li 85 Casyrrgilt. !fisirrmce Servrce~ Offrc,e. inc.. i964 Y RPR 11 '95 BS: XI PRSIFIBWGA~. ' P.4 I I I I. I 1- *; '. I I CITY QP CABJSBAQ @UWtUS LINE QROKER AHW~T I I Brokdr Nan%: ~MBERlanl 7: 4Lf,,, * ZdC Addqess: Bo N€Yr& ,,,,,,. ,, City+4Sratea/Zip: L.4- _,,,, Daw: $- {E- Type. of 'Isrsurance: G&E& -~' .' .,ZT5Td L.P,'C/' -- I ,a ?as ", , , -lc" , w-. I + Projqet Name: - 4 ce* hat d~woy '.h~h",, ,,,,. is he BrQkr of Raenrd for P - h&nce ~ariar, &As. ca fk ~cnrian for ~maal: ~ &td&GTQ~ , , ~nsuimce carrier: -0m.A-b &p*rsj/W.e- !"Cnnnnctor") who b wpired ta provide r;ltSuzk"inck under ?be ayledcador of 40 abavr: CGA~XW~. i hdw Gertify that 18 Bmker OF &card fm C~XI~WXQ~, 1 h* canracer: die insurance corn mias %red :Jorlaw, an d~vhorn ,neet the City's rqdern~~o htl-~ded i Rctscrlution hlo,7f ; b? and 4U of %horn have rehliled to -mise ih~ ra&d pdq due to tk type ~al rbk involv%dl, -' &+w CfT G?J& 7f)c M +a/ - 7680 I e Na& sf Contact: Addki: * ?530 . . . .. ..,- i!%W6 Dam: y --PC fs- p- &>xi d- 8ads F-aPing R+ fa Usted by Starc 1 uzaw -. ctmnisrione&Na) ( -J%M& ALKo/c/c 7jq- B-3- PY'ZZ Naia af Carttact: I Addtess: Date: -. bd c (g&Jlf& flb\P&J&- 3.303 F- f# ; p.*- ,, ~eaian ibr Itetiual; UdJ EUA-JO.&& -) Pw& BSS& finring d P 4 As Cirsred by Sfare - a Commission (Ye No) I I I 914 I: 90'd 9CjO'WJ 7O:Ot S6,LO Ydlj Las't?st/: 111 SaIdaSHs S s 8800 S;E:TT S6i S 'd % 1 off? 11 '95 09136 PRSIFlB0Jl j P.5 j: , :: : LC , ,,: *' i" Insurttnge Cd#R L-AG;/d /;if-. : NamC Qf ~cklXX&~k; .@;C,LL;i drzz: .. .734 t-b *&A .zwfi %g , Reason hr Ref$szlJ: ~ -w/clnk/tP€&d ,- dm- --- : .. a ' kimdb9Blata X&rmCP A, ,. i";. "' .. ,( .. .* ,: ' cd gSij-5 ... . .. Addre34: - .. , ., .I P-: fY. F/- 4. ,. Dare: ., L**l.r .. 1 I' I .. 1 !' ! Clo-domr Wen/ 4) Bad4 Ri33g .. . Hlbmauo tia/tv?&@€ ! c Ca~~~ctit~r i% r&ues&ag tbrt &e City slcctipt: yyycII)I .cmpiFby who b a. 3Zaji.piq lhz carrier hahg an A-:V hrr bemr :atkg h &ti snrsst i.e-,%H'a fWlng Qdlid~ and who has an nifiks wi& &e %ate of Caiifcmk srt &e ,CcblawfiPlg addsess & der to ef$#c?t wvke af pracw: Name oi suppi+ he Canier: Addrear; I. 1; ,. &+ Ckw ri3-u _I :I : Cfry/scirs/zf$:. j - -.:.. _.... .. &?y- ;, a5 ,N9M,$'Pt4 &!J - &td ow &&: '. I.w.o?4/a +?6 $y ! AddY&s. tQ &&$r $@rfke o%~:PY&S~S:&b<dih the State Of C&fQ~ti. ,. Name: .Address: .. . .. .I. .. Cf ry/s ratelzip: i - 5%55 -. :. ; ,. ,. .. :, .. . !'. I' .. ., .. ., ,. " '. . .. I .. : e i. /. . !, kS&TrJc"P:Q:I: : .! , 9NfStJ LO'd gofi"ii\l $b:oI Stj,LIJ ad+j GZ:TT S6i L SaIJaSHE; s s 0000 9 'd LKINSON INSURANCE AGENCY 420 E. FRANKLIN ITTIER CA 90602 COMPANY LETTER A CALIFORNIA COMPENSATION 310-693 -3735 COMPANY LETTER B COMPANY PROFESSIONAL RESTORATLON DBA: COMMERICAL RESTORATION SERVICES, INC. LETTER c SERVICES COMPANY BETH BOND LETTER D COMPANY LETTER E 9630 BLACK MTN. RD. SUITE A SAN DIEGO CA 92126 VIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHN CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEfi EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION PE OF INSURANCE POLICY NUMBER PRODUCTS-COMPIOP AGG. S PERSONAL & ADV. INJURY S CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE s ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS (Per person) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY s BODILY (Per accident) INJURY s PROPERTY DAMAGE s EACH ACCIDENT DISEASE- POLICY LIMIT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 7 Carlsbad Municipal Water Carlsbad CA 92008 MAIL^^ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAI District LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATl 5950 El Camino Real LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESEI AUTHORIZED REPRESENTATIVE I I City of Carlsbad Purchasing Department - Representation and Certification The following representation and certification are to be completed, signed and returned with proposal. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that: (Check appropriate Ethnic Business Type) I am currently certified by: Certification #: I. 8 CERTIFICATION OF BUSINESS REPRESENTATION (S) : 1 1 1 m I I Mark all applicable blanks. This offeror repi part of this offer that: 8 Thisfirmis ,isnot X minority business. .. . X Thsfm~ ,isnot woman-owned business. DEFINITIONS WOMAN-OWNED BUSINESS: A woman-om is a business of which at least 51 percent Business" is defined as a business, at least 51 percent of controlled and operated by a woman ( Controlled is defined as exercising the powc policy decisions. Operation is defined as actua in the day-to-day management. I MINORITY BUSINESS ENTERPRISE: "Minority hich is owned, operated and controlled by minority group embers, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (ie., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. PROFESSIONAL RESTORATION SERVICES, INC JAMES G. CAPOUS COMPANY NAME NAME 8 I I 9630 BLK. MTN. RD. STE A I SAN DIEGO, CA. 92126 PRESIDENT ADDRESS CITY,STATE AND ZIP 61 9- 578-5690 1-1 2-95 DATE F'urch Representat 11 1 I I I I I I I I I I. I I I I I I I I OPTIONAL ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION I* This Escrow Agreement is made and entered into by and between the Carlsbad Munici Water District whose address is 5950 El Camino Real, Carlsbad, California 920 hereinafter called "District" and whose address is hereinafter called 'Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agi as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of Californ Contractor has the option to deposit securities with Escrow Agent as a substiti for retention earnings required to be withheld by District pursuant to i Construction Contract entered into between the District and Contractor for LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING, CONTRA( NO. 3425, CMWD PROJECT NO. 94-102 in the amount of dated (hereinafter referred to as the "Contract"). Alternative on written request of the Contractor, the District shall make payments of t retention earnings directly to the Escrow Agent. When Contractor deposits t securities as a substitute for Contract earnings, the Escrow Agent shall notify t District within ten (10) days of the deposit. The market value of the securities at t time of the substitution shall be at least equal to the cash amount then required be withheld as retention under the terms of the Contract between the District ai Contractor. Securities shall be held in the name of Carlsbad Municipal Waf District and shall designate the Contractor as the beneficial owner. The District shall make progress payments to the Contractor for such funds whi otherwise would be withheld from progress payments pursuant to the Contr; provisions, provided that the Escrow Agent holds securities in the form and amou specified above. When the District makes payment of retentions earned directly to the Escrow Age1 the Escrow Agent shall hold them for the benefit of the Contractor until such tin as the escrow created under this contract is terminated. The Contractor may dire the investment of the payments into securities. All terms and conditions of th agreement and the rights and responsibilities of the parties shall be equally applicab and binding when the District pays the Escrow Agent directly. 2. 3. Escrow Agreement j Surety Deposits Lieu of Retenti 11/07/94 RI I. I I I I I I I I. I I I c I I I ... 1 4. Contractor shall be responsible for paying all fees for the expenses incurred Escrow Agent in administering the Escrow Account and all expenses of the Distn These expenses and payment terms shall be determined by the District, Contrac and Escrow Agent. The interest earned on the securities or the money market accounts held in escr and all interest earned on that interest shall be for the sole account of Contrac and shall be subject to withdrawal by Contractor at any time and from time to til without notice to the District. Contractor shall have the right to withdraw all or any part of the principal in t Escrow Account only by written notice to Escrow Agent accompanied by writt authorization from District to the Escrow Agent that District consents to t withdrawal of the amount sought to be withdrawn by Contractor. The District shall have a right to draw upon the securities in the event of default the Contractor. Upon seven (7) days written notice to the Escrow Agent from t District of the default, the Escrow Agent shall immediately convert the securities cash and shall distribute the cash as instructed by the District. Upon receipt of written notification from the District certifying that the Contract final and complete, and that the Contractor has complied with all requirements ai procedures applicable to the Contract, Escrow Agent shall release to Contractor ; securities and interest on deposit less escrow fees and charges of the Escrc Account. The escrow shall be closed immediately upon disbursement of all moni and securities on deposit and payments of fees and charges. Escrow agent shall rely on the written notifications from the District and t Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and t District and Contractor shall hold Escrow Agent harmless from Escrow Agen release and disbursement of the securities and interest as set forth above. 5. I' 6. 7. I 8. 9. ... f.. ... ... ... ... ... ... ... ... ... I.. ... Escrow Agreement f Surety Deposits Lieu of Retentic 11/07/94 Rt I* 1 I I I I I 10. The names of the persons who are authorized to give written notice or to recei written notice on behalf of the District and on behalf of Contractor in connecti with the foregoing, and exemplars of their respective signatures are as follows: On behalf of District: On behalf of Contractor: 1. Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: 1 1 Title I* Name e Signature Address ... E I I I 1 I ... I 1.. ... ... ... ... ... ... ... ... ... ... ... Escrow Agreemenl Surety Deposil Lieu of Reten 11/07/94 1 I* 1 I 1 At the time the Escrow Account is opened, the District and Contractor shall deliver to t Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their pro€ officers on the date first set forth above. @ I District: Contractor: I Title Title I Name Name 8 Signature Signature 1 Address Address E 2. I t I 8 1 t i e Escrow Agreement Surety Deposil Lieu of Reten 11/07/94 I I. E t I 8 8 I B E RELEASE FORM THIS FORM SHALL BE SUBMI'ITED AND APPROVED PRIOR TO APPROVAL ( MONTHLY PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: INTERIOR COATING PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges upon payment in the full amoi specified all compensation of whatever nature due the Contractor for all labor and materi furnished and for all work performed on the above-referenced project for the perj specified above with the exception of contract retention amounts and disputed work LA COSTA LO AND SKYLINE RESERVOIRS 1 claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ DISPUTED WORWCLAIMS AMOUNT CLAIM1 DESCRIPTION OF DISPUTED WORWCLAIM /OR ESTIMATT The Contractor further expressly waives and releases any claim the Contractor may ha of whatever type or nature, for the period specified which is not shown as dispul work/claim on this form. This release and waiver has been made voluntarily by Contrac without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, a work due Subcontractors for the specified period will be paid according to Public Contr Code Section 20104.50 and Business and Professions Code Section 7108.5 and that 1 parties signing below on behalf of Contractor have express authority to execute this relea DATED: 1 t t 1 s I I I. I PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, et< By: Title: 1 By: Title: Release FI 11/07/94 I c 1 I: 1 1 I I I 1. I E t s s 1 II 1 I. SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION LA COSTA LO AND SKYLINE RESERVOIRS INTERIOR COATING CMWD PROJECT NO. 94-102 CONTRACT NO. 3425 Special Provisi I. 11/07/94 I; 1 II T f 1 i 2 t. B I s IE E 3 i SPECIAL PROVISIONS TO PART I - GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION r' 1-1. TERMS DEFINITIONS. ABBREVIATIONS. AND SYMBOLS. To Section 1-1, add: A. Reference to Drawings Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of simil import are used, it shall be understood that reference is made to the plans accompanyi these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it sh be understood that the direction, designation or selection of the Engineer is intended, unlr stated otherwise. The word "required" and words of similar import shall be understood mean "as required to properly complete the work as required and as approved by 1 District Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar imp are used, it shall be understood such words are followed by the expression "in the opinj of the Engineer," unless otherwise stated. Where the words "approved," Ilapprovi "acceptance," or words of similar import are used, it shall be understood that the appro\ acceptance, or similar import of the District is intended. I 1 D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at herbis exper shall perform all operations, labor, tools and equipment, and further, furnishing and installing of materials that are indicated, specified or required to mean t the Contractor, at herbis expense, shall furnish and install the work, complete in place i ready to use, including furnishing of necessary labor, materials, tools, equipment, i transportation. including Special Provis I. 11/07/94 1 I I 1-2. DEFINITIONS Modify Section 1-2 as follows: Agency - the Carlsbad Municipal Water District, Carlsbad, California Engineer - the District Engineer for the Carlsbad Municipal Water District or his designat : representative. 1 1 1 1 1-3. ABBREVIATIONS. Add the following to Subsection 1-3.3 Institutions: EPA Environmental Protection Agency MSHA NIOSH Mine Safety and Health Administration National Institute for Occupational Health and Safety I NSF National Sanitation Foundation 1 2-4. CONTRACT BONDS Delete the third sentence of the first paragraph having to do with a surety being listed the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraph three and four to read: The contractor shall provide a faithful performancehvarranty bond and payment bond (la1 and materials bond) for this contract. The faithful performancehvarranty bond shall be the amount of 100 percent of the contract price and the payment bond shall be in 1 amount of 50 percent of the contract price. Both bonds shall extend in full force and eff and be retained by the District during the course of this project until they are relea according to the provisions of this section. The faithful performancehvarranty bond will be reduced to 25 percent of original amoi 35 days after recordation of the Notice of Completion and will remain in full force a effect for the one year warranty period and until all warranty repairs are completed to 1 satisfaction of the District engineer. The payment bond shall be released six months plus 35 days after recordation of the Not of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized Special Provisi 11/07/94 I 1. I I 1 st I 1 8 I t @ I I 1 1 1 8 I 1 I transact the business of insurance in California and whose assets exceed their liabilities an amount equal to or in excess of the amount of the bond. The bonds are to contain t following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorn1 by laws, or other instrument entitling or authorizing the person who executed 1 bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurar commissioner. 2) If the bid is accepted, the District may require a financial statement of the assets a liabilities of the insurer at the end of the quarter calendar year prior to 30 days nr preceding the date of execution of the bond. The financial statement shall be made by officer's certificate as defined in Section 173 of the Corporations Code. In the case foreign insurer, the financial statement may be verified by the oath of the principal offii or manager residing within the United States. 2-5. PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work include the Standard Specifications for Public Wo Construction, (SSPWC), 1994 Eidition, and the latest supplement, hereinafter designal "SSPWC", as issued by the Southern California Chapter of the American Public Wo Association, and as amended by the Special Provisions section of this contract. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacture direction, the Contractor shall obtain and distribute the necessary copies of such instructic including two (2) copies to the District. )O f 1 1 f 4-1. MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representati The Engineer shall have free access to any or all parts of work at any time. Contrac shall furnish Engineer with such information as may be necessary to keep herhim fi informed regarding progress and manner of work and character of materials. Inspection work shall not relieve Contractor from any obligation to fulfill this Contract. 1 I I I. 1 Special Provisl 11/07/94 I I I I I 1 8 I. 1. I I 5 E I I I 4 Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testii materials and/or workmanship where the results of such tests meet or exceed tl requirements indicated in the Standard Specifications and the Special Provisions. The cc of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of the materials shall 1 approved by him before the delivery is started. All materials proposed for use may 1 inspected or tested at any time during their preparation and use. If, after trial, it is foul that sources of supply which have been approved do not furnish a uniform product, or if tl product from any source proves unacceptable at any time, the Contractor shall furni approved material from other approved sources. After improper storage, handling or a other reason shall be rejected. Add the following section: lo I[ 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming to the plans specifications upon written order by the Engineer. Any cost caused by reason of t nonconforming work shall be borne by the Contractor. 5-1. LOCATION I Add the following: The City of Carlsbad and affected utility companies have, by a search of known recor endeavored to locate and indicate on the Plans, all utilities which exist within the limits the work. However, the accuracy of completeness of the utilities indicated on the Plans not guaranteed. 5-4. RELOCATION 1 Add: The temporary or permanent relocation or alteration of utilities, including serv connections, desired by the Contractor for hisher own convenience shall be the Contract< own responsibility, and he/she shall make all arrangements regarding such work at no c to the District. If delays occur due to utilities relocations which were not shown on Plans, it will be solely the District’s option to extend the completion date. In order to minimize delays to the Contractor caused by failure of others to relocate utili1 which interfere with the construction, the Contractor, upon request to the District, may Special Provis 11/07/94 I 0 I 1 3 I 1 I I I 1. 1 I 1 t I 1 1 I I permitted to temporarily omit the portion of work affected by the utility. The portion tl is omitted shall be constructed by the Contractor immediately following the relocation the utility involved unless otherwise directed by the City. @ 6-1. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at I time of the project preconstruction meeting a detailed critical path meth (CPM) proper schedule. This schedule is subject to the review and appro of the City. The schedule shall show a complete sequence of construction activiti identifying work for the complete project in addition to work requiri separate stages, as well as any other logically grouped activities. The schedi shall indicate the early and late start, early and late finish, 50% and 9C completion, and any other major construction milestones, materials a equipment manufacture and delivery, logic ties, float dates and duration. The prime contractor shall revise and resubmit for approval the schedule required by City when progress is not in compliance with the origii schedule. The prime contractor shall submit revised project schedules w each and every application for monthly progress payment identifying chang since the previous version of the schedule. The schedule shall indicate estimated percentage of completion for each it( of work at each and every submission. The failure of the prime contractor to submit, maintain, or revise t aforementioned schedule(s) shall enable City, at its sole election, to withhc up to 10% of the monthly progress payment otherwise due and payable to t contractor until the schedule has been submitted by the prime contractor ai approved by City as to completeness and conformance with t aforementioned provisions. No changes shall be made to the construction schedule without prior writti approval of the Engineer. Any progress payments made after the schedull completion date shall not constitute a waiver of this paragraph or a damages. Coordination with the respective utility company for removal or relocation Special Provisic I. 11/07/94 R 2. 3. 4. 5, t I B I 1 I I conflicting utilities shall be requirements prior to commencement of work the Contractor. 6-5. TERMINATION OF CONTRACT : Add the following sentence to this section: Grounds for termination of the contract by the District include failure of the District Contractor to obtain necessary permits from other governmental agencies, or unreasonal delay caused by enforcement of laws and regulations by other public agencies, including b not limited to, enforcement of the Endangered Species Act and other similar laws. 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Add the following sentence to this section: The District shall not be liable for delay caused by the enforcement of laws and regulatio by other public agencies, including but not limited to, enforcement of the Endanger Species Act and other similar laws. I 1 6-7. TIME OF COMPLETION Add the following to 6-7.1 General: The Contractor shall begin work within twentv (20) calendar days after receipt of tl "Notice to Proceed" and shall diligently prosecute the work to completion within ninetv (9 calendar days after the date of the Notice to Proceed. The District must utilize both steel tanks for water supply when the San Diego Coun Water Authority performs their annual maintenance and repair on their supply pipeline the District. At this time, the District does not have the schedule for annual maintenan and repair work from the San Diego County Water Authority. Therefore, the District mt coordinate the schedule of work under this contract with the Contractor to avoid the confli of working on these tanks when the San Diego County Water Authority is performing tht annual maintenance and repair work. Their work takes place usually over a one wet period. Any delay in beginning work on either of these tanks as a result of Distri coordination efforts with the San Diego County Water Authority shall be added to the tot time for completion of the work, and no additional compensation will be given to tl I I t I I 1 I I contractor for this delay. To Section 6-7.2, Working Day, add: Special Provisia 8. 11/07/94 RI 1 1 8 I 8 I I Hours of work - All work shall normally be performed between the hours of 7:OO a.m. ai sunset, fiom Monday thru Friday. The contractor shall obtain the approval of the Engine if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of tl Engineer. This written permission must be obtained at least 48 hours prior to such WOI The Contractor shall pay the inspection costs of such work. @ e 6-8. COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completio and any faulty work or materials discovered during the guarantee period shall be repair1 or replaced by the Contractor, at his expense. Twenty-five percent of the faithj performance/warranty bond shall be retained as a warranty bond for the one year warrar period. The Contractor shall complete all work on the La Costa Lo Reservoir prior to beginning a I work of the Skyline Reservoir. 1. 6-9. LIOUIDATED DAMAGES - Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $1.000.00 F day for each day beyond the completion date as liquidated damages for the delay. A progress payments made after the specified completion date shall not constitute a waiver this paragraph or of any damages. I t 1 s t 7-3. LIABILITY INSURANCE SI Add the following: All insurance is to be placed with insurers that have rating in best's Key Rating Guide at least A-:V and are authorized to conduct business in the state sf California and are list in the official publication of the Department of Insurance of the State of California. 7-4. WORKERS' COMPENSATION INSURANCE 1 Add the following: Special Provisic I. 1 1/07/94 R I B I 1 I I 8 t I 4 0 All insurance is to be placed with insurers that are authorized to conduct business in th State of California and are listed in the official publication of the Department of Insuranc of the State of California. Policies issued by the State Compensation Fund meet tl requirement for workers’ compensation insurance. 7-5. PERMITS Modify the first sentence to read: The Agency shall obtain, at no cost to the Contractor, all encroachment, right-of-wz grading, and building permits necessary to perform work for this contract on District ai City property, in street, highways (except State highway right-of-way), railways or 0th rights-of-way. Add the following: Contractor shall secure and pay for all County or State permits, fees and licenses necessa for proper execution and completion of work as applicable at time of receipt of bids. Contractor shall not begin work until all permits incidental to the work are obtained. Contractor shall obtain approval for haul routes. Haul route approvals shall be issued I !e the City Engineer. I 7-8. PROJECT SITE MAINTENANCE To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working da at the District’s request. Add the following to Section 7-8: I 8 I I I I I I 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflt in good repair when in use on the project with special attention to City Noise Conti Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-10. PUBLIC CONVENIENCE AND SAFETY e Add the following to Section 7-10.4, Public Safety: Special Provisic 11/07/94 R L t 8 1 I I I E I. I I 8 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the WOI site and shall comply with all applicable provisions of Federal, State and Municipal safe laws and building codes to prevent accidents or injury to persons on, about, or adjacent I the premises where the work is being performed. He/she shall erect and properly mainta at all time, as required by the conditions and progress of the work, all necessary safeguarc for the protection of workers and public, and shall use danger signs warning against hazarc created by such features of construction as protruding nails, hoists, well holes, and fallix materials. I' 7-13. LAWS TO BE OBSERVED 1 Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation and Gradir If this notice specifies locations or possible materials, such as borrow pits or gravel bec for use in the proposed construction project which would be subject to Section 1601 Section 1603 of the Fish and Game Code, such conditions or modifications establish1 pursuant to Section 1601 of the Fish and Game Code shall become conditions of t contract. 8. FACILITIES FOR AGENCY PERSONNEL No field office required for agency personnel. 9. MEASUREMENT AND PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in am01 I I of retention. Modify Section 9-3.3 as follows: Payment for all work specified in this section will be included in the appropriate pric stated in the Contractor's proposal. No payment for material delivered but not installed v 1 1 I I 0 be made. Special Provisi 11/07/94 F I I 1 0 11. WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the constructic under this contract. The Contractor shall contact the District for requirements, phone (61 438-2722 ext. 109. The Contractor shall include the cost of water and meter rental with appropriate items of the proposal. No separate payment will be made. 1 I 12. STAGING AREA 1 No permits are required. I Location of staging area shall be as selected by the Contractor but subject to City approv The Contractor may use the existing tank sites or may make arrangements with a prope owner for an appropriate site. The staging area may not be placed in or impact a public parking facility, may not graded, interfere with traffic, operation of a utility, impede drainage, or in anyway affc environmentally sensitive habitats or endangered species. Aside from arrangements made between the property owner and contractor, after work 1 been completed, the staging area shall be returned to its original condition includi necessary hydroseeding to replace removed or damaged vegetation. No separate payment will be made for a staging area. 1 I I. I I 8 I 1: I I 1 Special Provisi 11/07/94 I I. 1 I 1 I 1 1 I SPECIAL PROVISIONS TO PART 2. - CONSTRUCTION MATERIALS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION r' SECTION 210 PAINT AND PROTECTIVE COATING. Add the following to Section 210-1.5 Paint Systems: Coating System for Steel Tanks. The following coating materials shall be applied, to st tank interior surfaces including but not limited to the walls, floor plate, ceiling, girdt rafters, beams, columns, interior piping, interior ladder, access manholes, flanged outlc and all additional interior surfaces. Specified below are also the number and thickness coats to be applied and the total system thicknesses. These requirements are considered be the minimum acceptable. The Contractor shall apply additional coats as necessary achieve the specified minimum dry film thickness. A. 8 BASE COAT After proper surface preparation, interior surfaces shall receive a c of Tnemec Series 20 epoxy or approved equal, to a dry film thickness approximately five (5.0) mils. The color of this first coat shall be white (Tnemec WH02). INTERMEDIATE COAT: After observing proper surface condition, apply one c of Tnemec Series 20 epoxy or approved equal, to a dry film thickness approximately five (5.0) mils. The color of this second coat shall be beige (Tnen e@ B. I I 1 8 I I I 20-1255; YB38). C. FINISH COAT After observing proper recoat cycle and surface condition, ap one coat of Tnemec Series 20 epoxy or approved equal, to a dry film thickness approximately five (5.0) mils. The color of this finish coat shall be white (Tnen 1 20-WH02). D. TOTAL SYSTEM: The total coating system for these surfaces shall achievc minimum dry film thickness of fifteen (15.0) mils. All dry film thickness and number of coats are the minimum required. 1 Contractor shall apply additional coats as necessary to achieve the specified minim dry film thickness. E. Special Provis 11/07/94 1 I. Location System Approximate Thickness I 1 I Floor & Coal Tar 75 mils 1st Ring Epoxy On Wall Walls & Super 18 mils Ceiling Tank Lead Content La Costa Lo Skyline <0.053 mg/l 22.9 mag no sample 31.9 mgkg taken 1 1 B. REFERENCE DOCUMENTS. 1. Code of Federal Regulations. - 29 CFR 1910, "Occupational Safety and Health Standards" (General Indus Safety and Health Standards Applicable to Construction Work and Technil I. 8 Ammendments) 29 CFR 1910.134, "Respiratory Protection" 29 CFR 1910.1020, "Access to Employee Exposure and Medical Records' 29 CFR 1910.1025, "Lead" 29 CFR 1910.1200, "Hazardous Communication'' 29 CFR 1926, "Safety and Health Regulations for Construction" (Constructj Industry Standards) 40 CFR 50, "National Primary and Secondary Ambient Air Quality Standar 40 CFR 60, 'Standards of Performance for New Stationary Sources," Appen A, 'Test Methods" 40 CFR 117, "Determination of Reportable Quantities for Hazard( Substances" 40 CFR 122, "EPA Administered Permit Program: The National Polluti Discharge Elimination System'' 40 CFR 261, "Identification and Listing of Hazardous Waste" 40 CFR 262, "Standards Applicable to Generators of Hazardous Waste" 40 CFR 263, 'Standards Applicable to Transporters of Hazardous Waste 40 CFR 264, "Standards for Owners and Operators of Hazardous Wa Treatment, Storage, and Disposal Facilities" 40 CFR 265, "Interim Status Standards for Owners and Operators Hazardous Waste Treatment, Storage, and Disposal Facilities" 40 CFR 268, "Land Disposal Restrictions" 40 CFR 300, "National Oil and Hazardous Substances Pollution Continge Plan" I 1 I 8 1 I. 1 I I I 1 I I I Special Provis 11/07/94 1 1. I 8 1 I I I I I. I I I I I I 1 40 CFR 302, "Designation, Reportable Quantities, and Notification" Occupational Safetv and Health Administration. OSHA Booklet 3126 "Working with Lead in the Construction Industry" National Institute for Occupational Health and Safetv. NIOHS Method 7082, "Lead" American Society for Testing and Materials. ASTM D3335, 'Testing Method for Low Concentrations for Lead, Cadmiu and Cobalt in Paint by Atomic Absorption Spectroscopy'' EPA (Environmental Protection Agency) Publications. SW-846, Test Methods for Evaluating Solid Waste - Physical/Chemi Methods EPA Method 3050, "Acid Digestion of Sediments, Sludges, and Soils" 2. 1. 3. 4. - 5. I 6. Steel Structures Painting Council. SSPC Guide for Containing Debris Generated During Paint Rem0 Operations C. DEFINITIONS. 1.. Lead Containing Paint. On this project specifically, a paint is classified lead-containing if it contains 200 ppm lead or greater. Hazardous Waste. Lead paint debris is classified as hazardous due to characteristics of toxicity, if after testing by Toxicity Characteristic Leach Procedures (TCLP), the leachate contains any of the elements in concentrations listed below (or greater): 2. 1 Barium 100 ppm Cadium 1 PPm Chromium 5 PPm Lead 5 PPm Mercury 0.2 ppm Note: Other elements can cause a material to be hazardous as defined in CFR 261 and must be taken into consideration. The list above includes a those elements typically associated with paints. Special Provis 11/07/94 1 I. DESCRIPTION Shell Height (ft.) Volume (MG) I 1 Diameter (ft.) LA COSTA LO SKYLINE 40 20 80 106 1.5 1.5 1 1 I I I I I I Ilo I 1 i I I I conditions are favorable. The day's coating or painting shall be completed in til to permit the film sufficient drying time prior to damage by atmospheric conditio Thickness of coatings and paint shall be checked with a non-destructive, magne type thickness gauge. Coating integrity of interior coated surfaces in the immersi zone shall be tested with an approved holiday detection device. Non-destruct1 holiday detectors shall not exceed 100 volts nor shall destructive holiday detectc exceed the voltage recommended by the manufacturer of the coating system. E thicknesses between 10 and 20 mils (0.25 mm and 0.50 mm), a non-sudsing ty . wetting agent such as Kodak Photo-Flo shall be added to the water prior to wetti the detector sponge. All pinholes shall be marked, repaired in accordance with 1 manufacturer's printed recommendations, and retested. No pinholes or otl irregularities will be permitted in the final coating. Holiday detection devices sh be operated in the presence of the Inspector. In cases of dispute concerning film thickness, measurements made with instrume shown to be in calibration with the National Bureau of Standards calibration sh predominate. The Contractor shall furnish, until final acceptance of coating and painti inspection devices in good working condition for detection of holidays a measurements of dry film thickness of coating and paint. The Contractor shall a furnish U.S. Department of Commerce, National Bureau of Standards certifi thickness calibration plates to test the accuracy of the dry-film thickness gauge. All inspection devices shall be in good working order. Dry-film thickness gauges shall be made available for the Inspector's use at all tin until final acceptance of application. Holiday detection devices shall be operated the presence of the Inspector. Acceptable devices include, but are not limited to, K-D "Bird-Dog" non-destruct holiday detector for coating to 20 mils (0.50 mm) dry film thickness; Tinker-Ra Models Ap and AP-W holiday detectors for coating in excess of 20 mils (0.50 m dry film thickness; and %spectort' units, or equal, for dry film thickness gaugi Inspection devices shall be operated in accordance with the manufacturt instructions. t I C. WARRANTY INSPECTION. The Owner shall conduct the warranty inspect, during the first year following acceptance of all coating and painting work requii by this section. All defective work shall be repaired in accordance with 1 manufacturer's recommendation and to the satisfaction of the Owner. I D. SAF'ETY AND HEALTH REQUIREMENTS. The Contractor shall provide use personal protective life saving equipment for persons working on or about the proj site in accordance with requirements of the latest revision of OSHA Regulation5 Special Provisi 11/07/94 1 I. I I 29 CFR 1910.1025 and AWWA D102, Section 7 - Safety Precautions. PRODUCTS. Protective coatings for this project shall be as prescribed in Am Specification D102. All materials shall be delivered to the job site in their origin unopened containers bearing the manufacturer’s name, brand, and batch numb Requests for material substitutions must be made and approved in writing. All coatings and paints shall be stored in enclosed structures when necessary protect them from weather and excessive heat or cold. Flammable coatings or paints must be stored to conform with City, County and St; safety codes for flammable coating or paint materials. Emulsion type coatings sh be protected from freezing. E. 1. I I I I I 1 I. c E I I I I I F. INTERIOR COATING MATERIALS. Materials shall conform to the follow requirements: 1. Coating materials shall be suitable for the intended use. Materials shall recommended by their manufacturer for the intended service. Only high-grade products of manufactures having an established gc reputation in the manufacture of quality protective coatings shall be usec Only products of one manufacturer shall be used in any coating syste Coatings used for touch-up shall be compatible with the original materia Materials shall be used within the manufacturer’s recommended shelf lifc Where practicable, each succeeding coat of paint shall be of a different col shade, or gloss. Where a particular finish color is specified herein, it is bidding purposes only. Finish colors shall be selected from the manufacturr standard color sheets by the Engineer. Were alternate products are specified, selection from the alternates is at Contractor’s option. The Contractor may submit for consideration paint materials of manufactur other than those specified herein. The Contractor shall provide satisfact documentation from the firm manufacturing the proposed material that material meets specified requirements for better than the listed materials the following properties: a. Quality b. Durability c. d. Life expectancy 2. 3. I 4. 5. 6. 7. Resistance to abrasion and physical damage Special Provis 11/07/94 1 I* I 1 I I I 1 P I C. 1 1 I I I I I e. Ability to recoat in future f. Solids content by volume g. Dry film thickness per coat h. Compatibility with other coatings 1. Suitability for the intended service Resistance to chemical attack k. Temperature limitations in service and during application 1. Type and quality of recommended undercoats and topcoats m. Ease of application n. Ease of repairing damaged areas 0. Stability of colors p. Volatile organic compounds (voc’s) unthinned, g/l q. Volatile organic compounds (voc’s) thinned, g/l. I* j- 8. Contractor shall submit product data sheets, material safety data sheets, a color charts for all coatings and paint materials submitted for considerati as equal. Contractor shall also submit information on manufacture recommendations for thinning. All interior reservoir surfaces in contact with potable water shall be coal with an epoxy system tested and certified by the National Sanitati Foundation (NSF) in accordance with NSF Standard 61 for potable wa contact. Manufacturer’s products submitted for consideration as equal by ‘ Contractor shall include documentation of NSF certification for product i color tinting. 9. G. EXECUTION. 1. All coating and painting shall conform to applicable standards of the St Structures Painting Council Manual. Work shall be performed by skilled craftsmen qualified to perform specified work in a manner comparable with the best standards or practj Continuity of personnel shall be maintained and transfers of key person shall be coordinated with Owner’s representative. The Contractor shall provide a supervisor at the work site during cleaning i application operations. The supervisor shall have the authority to sign chai orders, coordinate work, and make decisions pertaining to fulfillment of tl contract. Dust, dirt, oil, grease, or any foreign matter that will affect the adhesion durability of the finish must be removed by washing with clean rags dippec a grease solvent and wiped with clean dry rags. 2. 1 3. 4. Special Provis 11/07/94 1 I. I t T I 1 1 I. 1 E 1 1 1 I 8. D 5. Coating and painting systems include surface preparation, first coatin intermediate coating, and finish coating. Applications of first coat which a damaged during work shall be thoroughly cleaned and touched up specified. The Contractor shall use repair procedures which insure tl complete protection of all adjacent primer. The specified repair method ai equipment may include wire brushing, hand or power tool cleaning, or dry i blast cleaning. In order to prevent injury to surrounding painted areas, blz cleaning may require use of lower air pressure, smaller nozzle, small abrasive particle sizes, short blast nozzle distance from surface, shielding ai masking. If damage is too extensive or uneconomical to touch-up, the ite shall be re-cleaned and coated or painted as necessary to provide a qual 1. e coating. 6. The Contractor’s coating and painting equipment shall be designed 1 application of materials specified and shall be maintained in first class workj condition. Compressors shall have suitable traps and filters to remove wa and oils from the air. Contractor’s equipment shall be subject to inspecti e by Owner’s representative. 7. Application of the first coat shall follow surface preparation and cleanii Any cleaned areas not receiving first coat prior to any rusting shall be cleaned prior to application of first coat. The owner is committed to minimizing pollution of the atmosphere. To avc endangerment of the public health the following conditions will be requii on this project. a. 8. The Contractor shall conduct all lead coating removal procedures accordance with all County, State, and Federal Codes and Regulatic i applicable to this project. b. The Contractor shall apply for, pay for, and obtain all permits a licenses required by the County, State, and Federal Government conduct lead removal. The Contractor shall have a current A (Engineering) license which 7 allow the Contractor to design and operate a mobile confinem system to contain airborne lead particulates during surface preparati The confinement system will have ducted ventilation with water trz to minimize airborne lead particles of paint and corrosion materii The Contractor will use a recycling steel grit blasting system (Sab or approved equal), which will minimize waste disposal. The recycling grit blasting system shall have a precooler/aftercoc Special Provis 11/07/94 1 c. d. e. f. I E 1 8 P I 6 I t. I I incorporated in the main airline and the recycling system shall have explosion-proof motors. The Contractor and his supervision will document at least two yes experience with the recycling system. Existing paints or materials determined to be hazardous will exhausted from the recycling system into support bag house contain and then placed into hazardous waste drums with covered tops. Wh full, these drums will be tested for content by an independent approv testing laboratory, sealed and disposed of in accordance with regulations. The Contractor shall appoint a competent supervisor to remain on t job site at all times. This supervisor will show proof of having work with the recycling equipment for at least two years. O.S.H.A. approved noise and breathing equipment will be worn at times in confined areas and within the immediate job work area. The Contractor shall provide the District with all information regardi disposal of contaminated material, including but not limited to t following: -- Copies of all correspondence referring to disposal g. 1. h. 1. j. k. contaminated materials/hazardous waste. Copies of all test results on material. Name and location of disposal site, owner and operator of si and verification that site is approved for disposal of lead concentrations indicated by testing lab. -- -- e -- Name of firm transporting contaminated material, a verification that firm is licensed for transportation of su 1 materials. 1 contaminated material. -- Copy of bill indicating that disposal site is in receipt 1. Contractor shall exert all means in taking necessary precautions protect the potable water supply from lead contamination. I I a 9. Surface Preparation. a. The latest revision of the following surface preparation specificatic Special Provisi 11/07/94 F I. E I I I 1E I 1 1 I. I 1 I I I 8' 8 of the Steel Structures Painting Council shall form a part of tl specification: SOLVENT CLEANING (SSPC-SP 1) HAND TOOL CLEANING (SSPC-SP 2) POWER TOOL CLEANING (SSPC-SP 3) WHITE BLAST CLEANING (SSPC-SP 5) COMMERCIAL BLAST CLEANING (SSPC-SP 6) BRUSH-OFF BLAST CLEANING (SSPC-SP 7) NEAR WHITE BLAST CLEANING (SSPC-SP 10) I' In case of question about the quality of blast cleaning provided, 1 SSPC blasting standards for visual comparison and the correspond1 definitions shall be consulted. Maximum particle size of abrasives used in blast cleaning shall be tl which will produce a profile in accordance with recommendations the manufacturer of the specified coating system. The Contractor shall keep the area of his work in a clean conditi and shall not permit blasting materials to accumulate to constitutc nuisance or hazard to the prosecution of the work or operation of 1 existing facilities. If necessary, blast-cleaned surfaces shall be dry cleaned prior application of specified coatings or paint. No coatings or paint sB be applied over damp surfaces. Interior surfaces to receive protective coatings shall be blast cleaned near white metal in conformance with Steel Structures Paint Council Surface Preparation SSPC-SP 10. Contractor shall protect all existing screening on reservoir vents dur blasting operations. All screening which is disturbed during blast and painting activities shall be replaced by the Contractor at additional cost to the owner. b. c. d. I e. f. 3 10. Seauence of Work. Contractor shall begin removal of the existing coating on the tank ceiling i walls, except the first 8-foot high section. underside of the roof plate, knuckle, rafters and girders. The Contractor SI use recyclable abrasive. Upon completion of the entire ceiling and wa except the first 8-foot high section, the Contractor shall begin work on floor and the first 8-foot high section. This work shall include Special Provis 11/07/94 I 1 II 11. Auulication. a. Coating and paint application shall conform to the requirements Steel Structures Painting Council Paint Application Specificati SSPC-PA-1, latest revision for "Shop, Field, and Maintenan Painting." Thinning shall be permitted as recommended by a representative oft manufacturer for the conditions of application. Each application of coatings or paint shall be applied evenly, free sags and runs, with no evidence of poor workmanship. Care shall exercised to avoid lapping on glass or hardware. Coating and pa shall be sharply cut to lines. Finished surfaces shall be free frc f b. I E I 1 t It. E I H i E I I I c. I defects of blemishes. d. If required, protective coverings or drop cloths shall be used to proti floors, fixtures, and equipment. Care shall be exercised to prevc coating or paint from being spattered onto surfaces which are not be coated or painted. removed satisfactorily shall be recoated or repainted to produce finish satisfactory to the Owner. When two coats of coating or paint are specified, the first coat sh contain sufficient approved color additive to act as an indicator coverage or the two coats must be of contrasting color, shade, or glc All material shall be applied in accordance with the manufacture recommendations. Surfaces from which materials cannot e. f. H. EXTERIOR COATING. The exterior coating on La Costa Lo and Skyline Reservc are in an acceptable condition. Exterior resurfacing is not part of this project. Any damage to existing exterior coatings of La Costa Lo and Skyline Reservc caused by Contractor's activity shall be repaired to the satisfaction of the Distric I. INTERIOR COATINGS. 1. This section covers shop applied primers and field applied coatings for inter and interior surfaces of welded steel reservoirs for storage of potable wa Coating procedures and recoat cycles are critical. It is imperative that manufacturer's recommendations be strictly followed. Any deviation fr printed literature must be approved in writing by a representative of manufacturer prior to starting alternate procedures. 2. Special Provis 11/07/94 1 1. 1 I 1 I I I I I* I I 1 1 1 I i 1 3. SURFACE PREPARATION: All exposed surfaces shall be prepared accordance with SSPC-SP-10 - "near white blast cleaning." J. CLEANUP. Upon completion of the work, all staging, scaffolding, containe rubbish, and waste material shall be removed from the site of destroyed in a man1 approved by the Owner. Unless otherwise specified, existing paints or materi determined to be hazardous will be exhausted from the recycling grit blasting systr into support bag house containers and then placed into hazardous waste drums w covered tops. When full these drums will be tested for content, sealed, and dispos of in accordance with all regulations. Payment for disposal shall be included in 1 Contractor's lump sum bid price for removal of existing interior tank coatings, a no additional payment will be allowed therefore. Coating or paint spots and oil stains upon adjacent surfaces shall be removed and the job site cleaned, repaired refinished to the satisfaction of the inspector at no cost to the Owner. OMISSION. Care has been taken to delineate herein those surfaces to be pain1 and those surfaces not to be painted. However, if painting requirements have be inadvertently omitted from this section or other sections of these specifications, ii intended that all exposed metal surfaces, unless specifically exempted herein, sh receive first class protective coating equal to that given the same type of su& t K. I pursuant to these specifications. L. GUARANTEE. When the work has been completed to the satisfaction of 1 Engineer, that fact shall constitute the final acceptance of the Owner of ' completed works herein specified is subject to the Contractor guaranteeing completed work against any repairs, damage caused by defective workmanship materials furnished by the Contractor shall provide a two year maintenance bonc the amount of fifty percent (50%) of the contract price for this guarantee perio PAYMENT. Payment for all work specified in this section, shall be included in appropriate lump sum prices for removal of existing interior tank coatings or application of proposed interior coating system. MI N. HANDLING, DISPOSAL AND ANALYSIS OF DEBRIS. The Contractor sl provide the following: 1. Testing of Debris. The debris shall be tested by TCLP to determine if i hazardous in accordance with Appendix I1 of 40 CFR 261. The Contrac will be responsible for this testing. Hazardous Waste. If the tests of the debris in 40 CFR 261 show the wz to be hazardous, the following requirements shall apply. a. - 2. Site and Storage and Handling. The Contractor shall pay st attention to the requirements of 40 CFR 262 and 40 CFR 265 for on-site handling of debris, with special attention given to the time Special Provis 11/07/94 1 1. 0 1 1 I II I 1 I I. I I I I 1 I I I storage, amount of material stored at any one time, use of pro1 containers, and personnel training. Any evidence of improper stora shall be cause for immediate shutdown of the project until correctj action is taken. Transportation and Disposal of Debris. The Contractor shall arran to have the debris transported from the site in accordance w requirements of 40 CFR 263, and disposed of properly in accordar with 40 CFR 264 and 40 CFR 268. Signed manifests shall be return to the District to verify that all steps of the handling and dispo process have been completed properly. b. f ********** Special Pro& 11/07/94 I I. 1 I 1 8 B li I I. I 1 I i 1 I I I. APPENDIX "A" i LEAD CONTENT REPORT OF mALysrs RESULTS Appendir I. 1 1 1/07/94 f I l I- q Quality Assurance Laborato 6605 NANCY RIDGE DRIVE SAN DIEGO, CALIFORNIA 921 I I I I I @@ (61 9) 552-3636 +e to CARLSBAD MUNICIPAL WATER DEPT AlTN: KURT MUSSER 5950 EL CAMINO REAL CARLSBAD, CA 92008 DATE OF REPORT 2-7-94 DATE SAMPLE RECEIVED 1-27-94 SAMPLING DATE 1-20-94 ANALYZED BY JM SAMPLE NPE 2 SOLIDS I PROJECT NAME LA COSTA RES. I ANALYSES RESULTS ANALYSIS: LEAD-TCLP PREPIANALYSIS 3020 METHOD: 7421 LOG NUMBER SAMPLE ID UNITS: MG/L 1403-9401 LACOSTA RES FLOOR <0.053 1404-9401 LACOSTA RES WALL <0.053 I. B i I I 1 DATE EXTRACTED: 2-1-94 - LEAD-TCLP DATE ANALYZED: 2-3-94 - LEAD-TCLP I PETER 1 T.L. SHEN I LABOR AT0 RY D I RECTOR PS/cap QUALITY ASSURANCE LABORATO RY 1. I I I Environmental Engineering Laboratory 3538 Hancock Street San Diego, CA 92110 t 8 (619) 298-6131 1 CARLSBAD MUNICIPAL WATER DIST. 5950 EL CAMINO REAL CARLSBAD , CA 92008 1 I 1 1 Test Run : Result : MCL DL b Bo Lead I 1 1 1 I I 1 D Customer # 23 Sample # 941116093 Reference : WALLS/SKYLINE RES. Sampled : 11/16/94 0O:OO M Date Started : Received : 11/16/94 11:15%l P.O. # Date Completed: Comment : DIGEST FACTOR = 99.0295 31.9 mg/Kg - 0.005 ND = None Detect x Conc. Limit 12/05/94 Date I. D 1 Environmental Engineering Laboratory 3538 Hancock Street San Diego, CA 92110 f 1 (619) 298-6131 CARLSBAD MUNICIPAL WATER DIST. I 5950 EL CAMINO REAL CARLSBAD , CA 92008 I I 1 I. Lead I 1 S 1 1 I 1 1 I Customer # 23 Sample # 941116092 Reference : FLOOR/SKYLINE RES. Sampled : 11/16/94 0O:OO M Date Started Received : 11/16/94 ll:15m P.O. # B20039 Date Completed I Comment : DIGEST FACTOR: 93.8086 Test Run : Result : MCL DL I 22.9 mg/Kg - 0.005 0 ND = None Detecte Conc. Limit 12/05/94 Date 1 1 B 1 I I I 1. I i i 8 i 8 1 I. APPENDIX "B" t LOCATION AND SITE MAPS Appendir 1 1 1 /07/94 1 I. I LOCATION MAP f LA COSTA LO RESERVUIR \@ LACOSTALO I \ I 1 I 1 u I I ---- l I s 1 I RESERVOIR J i 4 8. Si \ i/------ -/- -3 @$&$&-\ 3' 5 I / 8 ,a I. I / i ": eR I t$6@ $?V @/ I ................. \ .I I II LOCATION MAP t SKYLINE RESERVOIR I 1 I I I I 1. I 1 I I I 8 1 I 1. ., . . . . . . . . . .. .. . ... ... ... , .... .. , .. , .... ......- 1.1s.. ..... ..... ....- ...... ...