HomeMy WebLinkAboutProfessional Restoration Services Inc; 1998-05-27; 35351, 35291-< I I
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CARLSBAD MUNICIPAL WATER DISTRICI
San Diego County
California
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CONTRACT DOCUMENTS AND SPECIAL PROVISI4
FOR
"Dl", "D2", "E" AND ELM RESERVOIRS INTERIOR COAT
AND
"E" AND ELM RESERVOIRS EXTERIOR PAINTING
CMWD PROJECT NO. 97-109
CONTRACT NOS. 35351 and 35291
December 9,1997
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008 I (760) 438-3367
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I @ 2/26/97 Contract Nas. 35351and 35291 Page 1 of 55 Pages
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I TABLE OF CONTENTS
Pa Item
NOTICE INVITING BIDS .......................................................................................................................
CONTRACTOR'S PROPOSAL ............................................................................................................ I BID SECURITY FORM ........................................................................................................................
BIDDER'S BOND TO ACCOMPANY PROPOSAL .............................................................................
,GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOR/LESSOR &
AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS ................................................
DESIGNATION OF SUBCONTRACTOR &AMOUNT OF SUBCONTRACTOR'S BlR
DESIGNATION OF OWNER OPERATOR/LESSOR &AMOUNT OF OWNER
OPERATOR/LESSOR WORK
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY .............................................................
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE :
BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS'
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ..................................... :
BIDDER' s STATEMENT OF RE-DEBARMENT ................................................................................ :
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ............................................................ :
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID :
CONTRACT PUBLIC WORKS ............................................................................................................ :
LABOR AND MATERIALS BOND ....................................................................................................... ~
FAITHFUL PERFORMANCENVARRANTY BONR ~
REPRESENTATION AND CERTIFICATION ....................................................................................... :
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ........................................................................... '
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SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS
TECHNICAL SPECIFICATIONS. .................................................................................................... 55-'
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CARLSBAD MUNICIPAL WATER DISTRICT
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Drive, Carlsbad, California 92008-1989 until 4:OO P.M. on the 19th day of February , 19
which time they will be opened and read, for performing the work as follows:
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uDI", "DZ", "E" AND ELM RESERVOIRS INTERIOR COATING
AND
"E" AND ELM RESERVOIRS EXTERIOR PAINTING
CONTRACT NCE. 35351 AND 35291
The work shall be performed in strict conformity with the specifications as approved by the B(
Directors of the Carlsbad Municipal Water District on file with the District Enaineering Departmen
specifications for the work include the
Standard Specifications for Public Works Construction (1 997 Edition, and supplements therei
hereinafter designated "SSPWC as issued by the Southern California Chapter of the American PL
Works Association and as amended by the special provisions sections of this contract. Refen
hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority and women-o
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10 businesses.
I Engineer.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricator:
contractors to utilize recycled and recyclable materials when available, appropriate and approved by
The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participati
bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water Disi
another jurisdiction in the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Departmt
Each bid must be accompanied by security in a form and amount required by law. The bidder's seci
the second and third next lowest responsive bidders may be withheld until the Contract has been I
executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deen
void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Conti
Code section 10263), appropriate securities may be substituted for any obligation required by this notici
for any monies withheld by the District to ensure performance under this Contract. section 10263 a
Public Contract Code requires monies or securities to be deposited with the District or a state or fe
chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cc
negligent acts and omissions of the agent in connection with the handling of retentions under this sed
in an amount not less than $100,000 per contract.
The documents which comprise the Bidder's proposal and that must be completed, properly executed
notarized are:
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1. Contractor's Proposal 2. Bidder's Bond 9. Bidder' s Statement Re Debarment
8. Certificate of Insurance
IO. Bidder's Disclosure Of Discipline Reco
1 1. Purchasing Department Representatioi
12. Escrow Agreement for Security Deposi
(optional, must be completed if the Bid1
wishes to use the Escrow Agreement fi
Security)
3. Designation of Subcontractors
and Amount of Subcontractor Bid
4. Non-Collusion Affidavit Certification
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and
Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate
$590,000.00 .
No bid shall be accepted from a contractor who is not licensed in accordance with the provision:
California state law. The contractor shall state their license number, expiration date and classificatior
the proposal, under penalty of perjury. The following classifications are acceptable for this contract:
A, Class 33 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
usual 10% retention from each payment, these documents must be completed and submitted vith
signed contract. The'escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchai
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee
$30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added.
The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any r
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract s
be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, i
1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicx
wage rates is on file in the office of the City Engineer. The Contractor to whom the Contract is awav
shall not pay less than the said specified prevailing rates of wages to all workers employed by him or
in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of
Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting I
Practices Act." The District Engineer is the District's "duly authorized officer" for the purposes of s
41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to 1 Contract for work.
A mandatory pre-bid meeting and tour of the project site s will be held on date: Tuesday Februa 1998 time: 9:00 a.m. location: Carlsbad Municipal Water District, 5950 El Camino Real, Carlsb
92008.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
proposal, times the unit price as submitted by the bidder. In case of a discrepancy betveen words
figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected exten:
shall be calculated and the bids will be computed as indicated above and compared on the basis of I.
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corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or w'tte
with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to biddii
Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers and matei
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of
Contract price will be required for work on this project. These bonds shall be kept in full force and ef
during the course of this project, and shall extend in full force and effect and be retained by the
until they are released as stated in the Special Provisions section of this contract. All bonds are to
placed with a surety insurance camer admitted and authorized to transact the business of insurancf
California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of
bond. The bonds are to contain the following documents:
1) An original, or a certified cop y, of the unrevoked appointment, powr of attorney, by laws, or instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissior
If the bid is accepted, the District may require copies of the insurer's most recent annual statemen
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with sec
900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insur
receipt of a request to submit the statements.
Insurance is to be placed vith insurers that have (1) a rating in the most recent Best's Key Rating Guidf
at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State
California by the Insurance Commissioner. Auto policies offered to meet the specification of this con1
must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle
the performance of the contract, used onsite or offsite, whether owed, non-omed or hired, and whel
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" i
cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company meeting
above standards with the exception that the Best's rating condition is waived. The District does
policies issued by the State Compensation Fund meeting the requirement for workers' compensi
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cos
said insurance shall be included in the bid price.
The award of the contract by the Board of Directors is contingent upon the Contractor submittir
required bonds and insurance, as described in the contract, within Mnty days of bid opening. If
Contractor fails to comply with these requirements, the District may award the contract to the sea
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of Cads
Business License for the duration of the contract.
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Approved by the Board of Directors of the Carlsbad Municipal Water Dist rid, Carlsbad, Califon
Resolution No 1004, adopted on the *day of December, 1997. I
(A?-& I 4 I ??r- Aletha L. Rautenkranz, Secretary Da$
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February 11, 1998
ADDENDUM NO. 1
RE: “Dl”, “D2”, “E”, AND ELM RESERVOIRS INTERIOR COATING AND “E”
IS3 I IS’OU, bviwTRn- I IO&. 3535:
AND 35291
a~ij ~~ffi KESEK~~~RS EXTE~~OR FA~SPIINP~ na=i *. PT LI~\
Please include the attached addendum in the Notice to Bidder/Request for Bids yc
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/@
when your bid is submitted.
a eerA
RUTH FLETCHER
Purchasing Officer
RF: kd
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
e
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2803 FAX (760) 434-1’
Contractor’s State License Board - License Detail http://www2.cslb.ca.gov/iXpress/CS ... brary/CSLB+Book/Licens
STATE OF CALIFORNU CONTRACTOR5 STATE LICENSE BOARD P. 0. BOX 26000 SACRAikfENTO, CA 95826
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PHONE: I-800-321-2752
-___ _- l----_ll----)-l-lll_ll ---~-”-.--- -_I _I-_
* * * DISCLAliWR * * * The license status information shown below represents information taken from the CSLB licensing data base at the time your inquiry. It will not reflect pending updates which are being reviewed for subsequent data base updating. The availe information may not reflect any civil or criminal judgments or actions that have not been reported to the CSLB. If there disclosable complaints (legal actions) on the contractor‘s license, that information will be provided. If you intend to purr any kind of legal action, insure you get a “Verified Certificate” which is a certifed license history covering a specific tin period prior to taking any action.
--~----”___--~__--- -------_--___^- _-I- I_ ---~__I ----- ~ ___I-__-
Extract Date: February 19,1998
THE RESULTS OF YOUR INQUIRY FOR CONTRACTOR LICENSE NUMBER 735466 IS:
* * * BUSINESS INFORMATION * * *
PROFESSIONAL RESTORATION SERVICES INC 9630 BLACK MOUNTAIN ROAD STE A SAN DIEGO, CA 92 126
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j Entity: corporation
Issue Date: 04/28/1997 Expire Date: 04/30/1999 I/’’* ’
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* * * LICENSE STATUS * * *
License is active and under suspension for the following reasons:
License is under suspension for failure to comply with Workers Comp.
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* * * CLASSIFICATIONS * * *
C33 PAINTING AND DECORATING
* * * CONTRACTOR BONDING INFORMATION * * *
This license has bond number 6777FP in the amount of $7,500 with the bonding company FRONTU PACIFIC INSURANCE COMPANY. Effective Date: 03/31/1997
* * * WORKERS COMPENSATION INFORMATION * * * 0
This license has workers compensation insurance with the STATE COMPENSATION INSURANC FUND Policy Number: 1451609 Effective Date: 01/01/1997 Cancellation Date: 08/05/1997
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NOTICE TO BIDDERS 0- (Page 1 of 2)
Addendum No. 1
CMWD Project No. 97-109
Contract Nos. 35351 and 35291
and “E” and Elm Reservoirs Exterior Painting
66D199, 66D299 , 66 E 99 and Elm Reservoirs Interior Coating
Item 1:
During the mandatory pre-bid walk meeting, a slag material was being proposed in lieu of the steel gnt
blasting system. The District’s comment follows:
Under Part 111-Execution Section 3 3 Paragraph F. Abrasive and Paragraph H. 131wstine System, the
following clarification is made. A recycling steel grit blasting system is @ mandatory, however the
Contractor shall use abrasive as defined under Paragraph F. Abrasive shall achme the required surface
profile in accordance with the recommendations of the manufacturer of the specified coating system.
Item 2:
Attached to this addendum is Exhibit 4 showing the reservoir tank vent replacement. The cost for this
tank vent shall be included in Bid Item 6 Exterior of Elm Steel Tank Reservoir.
Item 3:
Metal repair for the exterior roof ladder access way on the Elm Reservoir is described Under Part II-
Products Section 2.1 Paragraph F. Vent and Metal Rmair. The cost for this access way repair shall be
included in Bid Item 6 Exterior of Elm Steel Tank Reservoir.
Item 4:
Under the same paragraph F. Vent and Metal ReDair include: The Contractor shall replace the chain
link fence material on the ladder access way to the “E” reservoir with vinyl chain link fabric. The
dmensions for the hoop to have the vinyl fabric installed on it are thirty-four feet (34’) high x four foot
(4’) hoop diameter. In addition, the stainless steel screen on the “E” roof top access hatch shall be
replaced by the Contractor. The dimensions are approximately four foot (4’) high x four foot (4’)
diameter. The screen shall be made of 304 stainless steel and have openings of approximately % inch.
The cost for these changes shall be included in Bid Item 5 Exterior of “E” Steel Tank Reservoir.
Item 5:
Blastox may be used by the Contractor to bring the hwdous maxed co~tmhatim he1 dcwa ta
acceptable levels, but -sed material shall still adhere to the requirements of all regulatory agencies for
handling such wastes.
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CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACT NOS. 35351 AND 35291
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CONTRACTORS 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, read the Notice lnvit
Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby prop0
to furnish all labor, materials, equipment, transportation, and services required to do all the worl
complete Contract No s. 35351 and 35291 in accordance with the Plans, Specifications, Special Provi
and addenda thereto and that he/she will take in full payment therefor the following unit prices for e
item complete, to wit:
Item Unit
No. Description Price - Total
1 The work consists of furnishing all labor, material, tools, equipment and incidentals necessary 1 the removal of the existing coating on the interior of the "Dl" Steel Tank Reservoir, incluc proper disposal of the removed material and installing a new coating complete witt appurtenant work as specified, including disinfection.
For the lump sum of $ /U,Cne (Price in f
The vmrk consists of furnishing all labor, material, tools, equipment and incidentals necessary 1 the removal of the existing coating on the interior of the "D 2" Steel Tank Reservoir, inch proper disposal of the removed material and installing a new coating complete with appurtenant work as specified, including disinfection.
For the lump sum of $ 1~22 a
2
(Price in
The work consists of furnishing all labor, material, tools, equipment and incidentals necessary the removal of the existing coating on the interior of the " E" Steel Tank Reservoir, inch proper disposal of the removed material and installing a new coating complete with appurtenant work as specified, includingdisinfection.
For the lump sum of $ JOa (J (Price in
The work consists of furnishing all labor, material, tools, equipment and incidentals necessary
the removal of the existing coating on the interior of the Elm Steel Tank Reservoir, inch proper disposal of the removed material and installing a new coating complete with appurtenant work as specified, including disinfection.
For the lump sum of $ /@2 a
3
4
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5 The wrk consists of furnishing all labor, material, tools, equipment and incidentals necessary ' the removal of the existing paint on the exterior of the "E" Steel Tank Reservoir, including pr disposal of the removed material and installing a new coating complete with all appurtenant w as specified.
For the lump sum of $ ,5Y&~7 (Price in F
The work consists of furnishing all labor, material, tools, equipment and incidentals necessary 1 the surface preparation to the existing paint on the exterior of the Elm Steel Tank Rese
including proper disposal of the removed material , and installing a new coat of paint cor with all appurtenant work as specified.
For the lump sum of $ I!! 94 (Price in f
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Total amount of bid in words our .in P P 0th \
V" Iv' '
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Total amount of bid in numbers: $ &qo i nPl\ -
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). L hadhave been received and idare included in this pi
The Undersigned has carefully checked all of the above figures and understands that the District
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary bo
and insurance policies within twenty (20) days from the date of award of Contract by the Board of Di
of the Carlsbad Municipal Water District of the City of Carlsbad, the District may administratively au
award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may
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1 forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
business or act in the capacity of a contractor within the State of Califo ia, validly licensed under lice1
number 735-'7/66. , classification
, and that this statement is true and c ect and has the legal effect of
affidavit. '
A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Bush
and Professions Code shall be considered nonresponsive and shall be rejected by the City 9 7028
In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of
bidder to be licensed in accordance with California law. However, at the time the contract is awarc
contractor shall be properly licensed. Public Contract Code 8 20104.
The Undersigned bidder hereby represents as follows:
1. That no Board of Directors member, officer agent, or employee of the Carlsbad Municipal
District is personally interested, directly or indirectly, in this Contract, or the compensation to be I hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, ager
employees has inducted himlher to enter into this Contract, excepting only those contained in this fom
Contract and the papers made a part hereof by its terms; and
which expires c\ \ 30\.44 -?&=
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2. That this bid is made without connection with any person, firm, or corporation making a bid for
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is & t.~ I) (Cash, Certified Check, Bonc
Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires e\
employer to be insured against liability for wrkers' compensation or to undertake self-insurana
accordance with the provisions of that code, and agrees to comply with such provisions be
commencing the performance of the wrk of this Contract and continue to comply until the contrac
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article 2, relative to
general prevailing rate of wages for each craft or type of MEorker needed to execute the Contract
agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
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(Street and Number)
City and State D 0 (4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a ger
partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
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il IF A CORPORATION, SIGN HERE
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I (Title)
Impress Corpurate Sea4 he1
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... ... . . ...
(3) Incorporated under the laws of the State of
(4) Place of Business qb % &Lack- mhL-%u w VC>
ALA nrQ J v
(Street and Number)
City and State <Gn .c\ 7?>1 zd
(5) Zip Code 97,1 7Ae Telephone No. / (q- 526- 66 YB
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACC
List below names of president, vice president, secretary and assistant secretary, if a corporation;
partnership, list names of all general partners, and managing partners: 1
b<W31 e_r3;.
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LLP n\ ck5 1- pc cf&G 7 .- SdLL
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EQUIPMENTIMATERIAL SOURCE INFORMATION
TO ACCOMPANY PROPOSAL
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The Bidder shall indicate opposite each item of equipment or material listed below, the name of
supplier and manufacturer of each item or equipment or material proposed to be furnished under the
Awarding of a contract under this bid will not imply approval by District or the manufacturers listed b!
Bidder.
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EquipmentlMaterial Manufacturer
1. c [CL& L,- il. 1 oc' ", L"'\ ;- \ ,,A+A ChAaA,
5Y L"p? LLc/ Dk& LudZk
3akbkawLU \--34 (Manbfacturer)
(Manufacturer) z1 SUSLT
3. -3&- - I .*
01 An& (J-L TU*&, (Manufacturer)
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BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.)
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-1 Accompanying this proposal is a *Certified *Cashiers check payable to the order of C
Municipal Water District , in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check I
become the property of the District provided this proposal shall be accepted by the District througl
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage w
the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this ch
shall also become the property of the District if the undersigned shall withdraw his or her bid with
period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law,
notwithstanding the award of the contract to another bidder. 1
I BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages s
be executed--the sum of this bond shall be not less than ten percent (1 0%) of the total amount of t
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BIDDER‘S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS.
That we, SERVICES, INC. , as Pnnapal, and INDEMNITY COMPANY
Surety are held and firmly bound unto the Cartsbad Municipal Water Distncf , Carisbad, Califm amount as follows (must be at least ten percent (10%) of the bid ar
executors and administrators, successors or assigns, jointly and severally, firmly by these preser
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the E
bounden Principal for
PROFESSIONAL RESTORATION RELIANCE NATIONAL
PERCENT OF THE TOTAL AMOUNT OF BID for vhich payment, wll and truly made, we bind ourselves, our
1 Contract Nos. 35351 and 35291
‘Dl”, ‘‘DZ’’, “E”, AND ELM RESERVOiRS lNTERlOR COATING
AND “E” AND ELM RESERVOIRS EXTERfOR PAINTING
CMWD PROJECT NO. 97-109
in the City of Carlsbad. is accepted by the Carlsbad Municipal Water Distnct , and if the Pnnclpai s
enter into and execute a Contract including required bonds and insurance poliues Whin Mnty (20) from the date of award of Contract by the Board of Directors of the Carisbad Municipal Water Distnc
City of Carlsbad, being duly notified of said award. then this obligation shall become null and
othenulse, rt shall be and remain in full force and effect, and the amount specified herein shall be for;
to the said Dtstrtct
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e m- w 3RfilF17 Cnntrirt him ?G?Klan,i 16391 Pane 13 of 55 Panes
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In fie event Pnnapal executed thls bond as an individual, it IS agreed that the death of Pnnc:pal sha
exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 11th day of Executed by SURETY this 11th
PRINCIPAL: SURETY
FEBRUARY , 1998 FEBRUARY , 1998
%
PROFESSIONAL RESTORATION SERVICES, INC. RELIANCE NATIONAL INDEMNITY CON
(name of Principal) (name of Surety)
(address of Surety)
(te!ephone number of Surety)
4275 EXECUTIVE SQUARE #700
LA JOLLA, CA. 92037
By:
(sign here) 619-824-3398
JAMES G. CAPOUS
(pnnt name here)
PRESIDENT By pJ?%t&b; d< IIIM
BY. S4dm rApa0~
(Title and Organization of Signatory) (sibnature of Attorney-in-Fact)
--_I-
DENNIS G. WEST
(printed name of Attofney-in-F2r,t;
(sign here) (Attach corporate resolution silor\,iriz
STELLA CAPOUS power of attorney.)
(pnflt name here)
(title and organization of signatory)
VICE PRESIDENT
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If on
officer signs, the corporation must attach a resolution certified by the secretary of assistar,: Seci under corporate seal empowering that offlcer to bind the corporation )
1
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APPROVED AS TO FORM
RONALD R. BALL General Counsel
By:
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a? a. a u26197 Contract Na. 35351and 35291 Page 14 of 55 Pages
Thougn the data below IS flat required by law. It may prove valuable to persons relyrng on the document and could 1
frauauient reartacCIment of this form.
a INDIVIDUAL
BID BOND l3 CORPORATE OGCEi
7lTLE OR NPE OF OOClJMENT ma
e
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- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C.3 L[ @~~.+~ 4
Countyof s4h. BlC30
before me, d5NM-a 6, /!L45 ddfl/*CV /&&U Name and nGo! ofllcer (e 9. 'Jane ~oe.Nalary palr')
personally appeared chbi%% GC &aifags d J% 6k?/bt?J
ppmonztfy known to me - OR - 0 proved to me on the basis of satlsfactory evidence to be the persc
whose name(s)@we subscribed to the within rnstmr
and acknowiedged to me that-@&i+e/W executec
same in-bA?ef/tksv authonzed capacrty(iesf, and th,
4+&bef/thr signature($ on the instrument the perso or the entity upon behalf of which the personfsj at
executed the instrument.
WITNESS rriy hanu and officrai seal.
Name($) d Sigrar(S)
/*PW3 i b7k& L Slgnaiure 01 Notary Pall:
Though the information below IS not requrred by Jaw it may prove valuable to persons relymg on the document and could prev
fraudUlenl removal and realfachment of MB form lo another document
Description of Attached Document
Title or Type of Document: 1'3 I 0 dNo
9” I .L
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BIDDERS BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That w, , as Principal, and 1
Surety are held and firmly bound unto the Carlsbad Municipal Water District , Carlsbad, Califomi:
amount as follows: (must be at least ten percent (10%) of the bid am(
for which payment, wII and truly made, MR bind ourselves, our he
executors and administrators, successors or assigns, jointly and severally, firmly by these presents
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the ab
bounden Principal for:
I.
1 Contract Nos. 35351 and 35291
“Dl”, “D2”, “E”, AND ELM RESERVOIRS INTERIOR COATING
AND
“E” AND ELM RESERVOIRS EXTERIOR PAINTING
CMWD PROJECT NO. 97-109
in the City of Carlsbad, is accepted by the Carlsbad Municipal Water District , and if the Principal sh:
enter into and execute a Contract including required bonds and insurance policies within twenty (20) d
from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District
City of Carlsbad, being duly notified of said award, then this obligation shall become null and \I
otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfei 10 to the said District.
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l @ 2/26/97 Contract Nos. 35351and 35291 Page 13 of 55 Pages 1
1
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
exonerate the Surety from its obligations under this bond. I
Executed by PRINCIPAL this day of Executed by SURETY this
PRI NCI PAL: SURETY:
1 19-. I 19-.
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1 (name of Principal) (name of Surety)
(address of Surety) By:
(sign here)
(telephone number of Surety)
(print name here)
By:
(Title and Organization of Signatory) (signature of Attorn e y-in- Fact)
(printed name of Attorney-in-Fact) By:
(sign here)
(Attach corporate resolution showing (
power of attorney.)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If on11
officer signs, the corporation must attach a resolution certified by the secretary or assistant secre
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By: *
JANE MOBALDI I Deputy General Counsel
1.
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID"
AND
"DESIGNATION OF OWNER OPERATORlLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
1.
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclo
forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Spc
Provisions to this Contract especially, "Bid', "Bidder", "Contract", "Contractor", "Contract Price", "Cont
Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Spe
Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urge
review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Special Provisio
CAUTIONS Bidders are cautioned that failure to provide complete and correct information may resL
rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of
work by other than the Contractor's own organization will be rejected as non-responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or 0
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the \
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in the of the form must be entered under the column "O/O of Item by Sub" or "010 of Item by 0-1-0" as applica
If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the er
amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontral
or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of mrk are not subcontractors. The valut
materials and transport for materials from sources outside the limits of work, as shown on the plans, s
be assigned to the Contractor, the Subcontractor, or the Owner OperatodLessor as the case may
installing them. The value of material incorporated in any Subcontracted or Owner Operator/Le:
installed bid item that is supplied by the Contractor shall not be included as any part of the portion of
work that the Contractor is required to perform with its own organization.
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid I
N 0." column .
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number mus
entered on the form. If the Subcontractor does not have a valid business license enter "NONE# in
appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
required information. The number of additional form pages shall be entered on the first form page of E I type so duplicated.
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If u!
this option the Bidder must indicate the bid item numbers to which the information in the row pertains. 1
option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing
than I00 percent of a bid item. The percentages and dollar amounts may be the sums of the bid ite I. listed in that row.
I e 2/26/97 Contract Nos. 35351and 35291 Page 15 of 55 Pages
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When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less tt
100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontrac or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly app
the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of
contract shall determined by the Board of Directors in conformance with the provisions of the co
documents and these Special Provisions. The decision of the Board of Directors shall be final.
0
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I
I DESIGNATION OF SUBCONTRACTORAND
AMOUNT OF SUBCONTRACTORS BID
The Bidder MUST complete each information field on this form for each sub&ntractor
nd section 410C
The Bidder furt e Work and that
Full Company Name of Subcontractcr :
Complete Address:
Telephone Number plus Area Code:
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DESIGNATION OF OWNER OPERATOWLESSORAND
AMOUNT OF OWNER OPERATOWLESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or Lessor (04
that it proposes to use to perform any portion of the Work. Additional copies of this form may be attach
if required to accommodate the Contractor's decision to use more than one subcontractor. This form mi
be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information IT
result in rejection of the bid as non-responsive. Except for the individuals listed below the Bidder certif
that no Mer Operator/Lessor will be allowd to perform any portion of the Work. The Bidder furt
certifies that no changes in the Owner Operator/Lessor listed wrk will be made except upon the pi
approval of the Engineer. Provide a separate sheet for each her Operatodlessor. See section 1-2
the Special Provisions for definition of Owner Operator/Lessor.
Full Owner Operator/Lessor Name: 31-0 CGC;G~UC. !L 2~4-1 ,,(jln-r~sr~. Sor ~irbe. 3 d
I*
Complete Address: w 9p) -
Street
c4-3 (-A @I21 7& City State Zip
Telephone Number plus Area Code Ck\lt 1 573 0- 5l,Wl
City of Carlsbad Business License No.:
OWNER OPERATOFULESSOR WORK ITEMS
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Page of pages of this form
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I @ 2/26/97 Contract Nas. 35351and 35291 Page 18 of 55 Pages
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ART- S. GISSER, C.P.A.
EXHIBIT P
Page 1
*
PROFESSIONAL RESTORATION SERVICES, INC.
BALANCE SHEET
FEBRUARY 28, 1997
ASSETS
CURRENT ASSETS
Cash $ 3 , 849
Contracts Receivable - Net 209,930
Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts 83 , 296
Inventory 8,096
Employee Loans 9,272
Receivable - Other 15 , 000
23,863 Prepaid Expenses
Due from Stockholder 153 , 289
TOTAL CURRENT ASSETS S 506,E 0
PROPERTY AND EQUIPMENT
Furniture, Fixtures and Equipment $ 214,~
Vehicles 126,'
$ 344,(
Less: Accumulated Depreciation 237, (
NET PROPERTY AND EQUIPMENT $ 107,!
Computer Equipment 3,:
* .:-
OTHER ASSET
Deposit s .1
_* TOTAL ASSETS 3 614,'
See accompanying notes and accountant's review report.
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ARTHUR S. GISSER, C.P.A.
EXHIBI 'I 0 Page 2
PROFESSIONAL RESTORATION SERVICES, INC.
BALANCE SHEET
FEBRUARY 28, 1997
LIABILITIES AND STOCKHOLDER'S EQUITY
CURRENT LIABILITIES
Accounts Payable $ 49,091
Billings in Excess of Costs and
Estimated Earnings 665
Payroll Taxes Withheld 1,290
Corporation Taxes Payable 800
TOTAL CURRENT LIABILITIES $ 511l
LONG TERM LIABILITIES
Note Payable to M.G.C. Restoration Inc. $ 10,000
Note Payable A & G Protective Coating Inc. 16,000
TOTAL LONG TERM LIABILITIES 26, (
DEFERRED INCOME TAXES 53,I
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STOCKHOLDER'S EQUITY
Capital Stock - authorized 100,000 shares
Retained Earnings 383,603 483, f
of no par value stock, 1,000 shares issued $ 100,000
$ 614,
-7.
.
_c
See accompanying notes and accountant's review report.
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BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitl
under separate cover marked CONFIDENTIAL.
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1 @ 2126197 Contract Nas. 35351and 35291 Page 19 of 55 Pages
Date Name and Phone
Contract Name and Address No. of Person Type of
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Completed of the Employer to Contract Work
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REFERENCES
FOR
TANK PROJECTS
BY
PROFESSIONAL RESTORATION SERVICES, INC.
1996
DEPARTMENT OF THE NAVY
MARLNE CORPS AIR GROUND COMBAT CENTER
TWENTY-"E PALMS, CA.
CONTRACT N68711-95-(2-9956 COMPLETION DATE: 3-97
POC: L.V ASHFIELD 6 19-83 0-73 37
CONTRACT PRICE: $360,060.90
GENERAL CONTRACTOR PROFESSIONAL RESTORATION SERVICES, INC.
JOB DESCRIPTION: REMOVE INTERIOR AND EXTERIOR COATINGS, RECOAT
AND INSTALL CATHODIC PROTECTION SYSTEMS IN
FIVE (5) STRUCTURE STEEL WATER TANKS.
1995
CARLSBAD MUNICIPAL WATER DISTRICT
e
CONTRACT NO. 3425 COMPLETION DATE: 9-22-95
POC: WILLIAM PLUlWVER 619-438-3367 X126
CONTRACT PRICE: $ 186,210.00
GENERAL CONTRACTOR; PROFESSIONAL RESTORATION SERVICES, INC.
JOB DESCRIPTION: INTERIOR REMOVAL OF EXISTING COATINGS AND
STEEL WATER TANKS
RE- COATING OF THE LA COSTA LO AND SWINE
1993-1994
SONOMA COUNTY WATER AGENCY
CONTRACT NO. 60-7-7 #25 COMPLETION DATE: 6-94
POC: RICHARD LOJKO 707-524-3786
CONTRACT PRICE: $393,775.00
GENERAL CONTRACTOR: PROFESSIONAL RESTORATION SERVICES, INC.
JOB DESCRIPTION: LEAD BASED PAINT REMOVAL ON STEEL WATER
TANKS (1) 8,000,000 GAL. & (1) 2,000,000 GAL.
HIGH GRADE EPOXY COATINGS. WELDING REPAIRS
AND ROOF VENT FABRICATION.
RE-COATING BOTH INTERIOR AND EXTERIOR USING
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1990
DEPARTMENT OF THE NAVY
ROICC CORONADO
NASS NORTH ISLAND
P.O. BOX 75 SANDEGO, CA. COMPLETION DATE: 3-90
POC: KEVIN MCCULLOUGH 619-545-303 1
CONTRACT NO. N687 11-89-M-A603
JOB DESCRIPTION: REPAIR AND RE-COAT UNDERGROUND STEEL
PETROLEUM TANK NO. 1035 AT NAS CORONADO
ALL OF THE FOLLOWING PROJECTS WERE SUB-CONTRACTS FOR SERVICE
ENTERPRISE COW. WORK ON NEWLY BUILT TANKS.
JOB NO. 758
HARRISBURG, VIRGINIA
JOB DESCRIPTION: SURFACE PREPARATION AND PAINTING ON THE
INTERIOR AND EXTERIOR SURFACES OF TWO (2)
200,000 GALLON GROUND STORAGE TANKS.
POC: MR. GREG GARBER 804-422- 1882
JOB NO. 769
MCSHERRYSTOWN, PENNSYLVANIA
JOB DESCRIPTION: SURFACE PREPARATION AND PAINTING ON THE
AGE TANK.
POC: MR. GREG GARBER 804-422-1882
INTENOR AND EXTERIOR OF A 300,000 GALLON STOR-
JOB NO. 772
PITTSBURGH, PENNSYLVANIA
JOB DESCRIPTION: CLEAN, PAINT AND DISINFECT A 150,000 GALLON
POC: MR. GREG GARBER 804-422-1882
GROUND STORAGE TANK.
JOB NO. 774
YORK, PENNSYLVANIA
JOB DESCRIPTION: CLEAN, PAINT AND DISINFECT A 300,000 GALLON
POC: MR. GREG GARBER 804-422-1882
GROUND TANK. a
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JOB NO. 790
PETROS, TENNESEE
JOB DESCRIPTION: CLEAN, PAINT AND DISINFECT (STERILIZE) 200,000
POC: MR. GREG GARBER 804-422- 1882
GALLON GROUND SUCTION TANK.
JOB NO. 793
SMITH MOUNTAIN LAKE, VIRGINIA
JOB DESCRIPTION: PAINTING OF A 130,000 GALLON GROUND SUCTION
JOB NO. 803
FOOD LION DISTRIBUTION CENTER
PRINCE GEORGE, VIRGINIA
JOB DESCRIPTION: PAINTING OF A 300,000 GALLON STORAGE TANK
POC: MR.. GREG GARBER 804-422-1882
TANK
POC: MR.. GREG GARBER 804-422- 1882
a
JOB 233
LACV-30 MAINTENANCE FACILITY
POC: GREG GARBER 804-1882
FORT STORY VIRGINIA
JOB DESCRIPTION; PAINTING OF STEEL UNDERGROUND STORAGE
RESERVOIR
JOB NO. 661
PHILADELPHIA PENNSYLVANIA
JOB DESCRIPTION; CLEAN AND PAINT A 250,000 GAL. ELEVATED WATER
POC: GREG GARBER 804-422-1882
TANK.
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I BIDDERS CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIj I. (To Accompany Proposal)
1 As a required part of the Bidder's proposal the Bidder must attach either of the following to this pag
1. Certificates of insurance showing conformance with the requirements herein for:
E3 Comprehensive General Liability
0 Employer's Liability
0 Automobile Liability
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I d Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the camer can, and UF
payment of fees andor premiums by the Bidder, will issue to the Bidder Policies of insurance
Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensatio
conformance with the requirements herein and Certificates of insurance to the Agency shou
conformance with the requirements herein.
All certificates of insurance and statements of vdlingness to issue insurance for auto policies offered
meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting Bids, t
Standard Specifications for Public Works Construction and the Special Provisions for this project for e:
insurance company that the Contractor proposes, and (2) cover any vehicle used in the performal
the contract, used onsite or offsite, Wether owned, non-owned or hired, and Wether scheduled or nt
scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limit
in any manner.
! 0
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I q 2/26/97 Contract Nas. 35351and 35291 Page 21 of 55Pages
0 5th Ave. #203
Diego, CA 92101 ......................................................................................................................
COMPANY C1 arendon National Ins. Ext: :A
Professional Restoration Services, Inc,
Commercial Restoration Services
9630 Black Mountain Rd. Ste. A
San Diego, CA 92126
..................................
........................................................
..............
........................................................
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
EACH ACCIDENT
ERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED REGARDING POL#GL10002075
NDORSEMENT TO FOLLOW FROM THE COMPANY
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR x DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION C CITY OF CARLSBAD
ATTN: RUTH FLETCHER
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
0
Policy Change
Number 6
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
GL10002075 - 1 0511 1/98 Clarendon National Insurance Cc
NAMED INSURED AUTHORIZED REPRESENTATIVE
Professional Restoration Services Inc.
COVERAGE PARTS AFFECTED
CHANGES
Add an Endorsement
It is hereby understood and agreed that the policy is amended as follows:
CG 20 09 Added
All other terms and conditions remain the same.
PREMIUM CHANGE: $0.00
POLICY NUMBER: GL10002075 - 1 COMMERCIAL GENERAL LIABl
CG 20 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL) 0
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization (Additional Insured):
Carisbad Municipal Water District
Attn: Ruth Fletcher
1200 Carlsbad Village Drive
Carlsbad CA 92008
Location of
Cavered Cperaiim
San Diego County Operations
Bodily Injury and
Property Damage Liability Endorsement Effective Date:
1,000,000 5/11/98
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as apl
to this endorsement.)
1. WHO IS AN INSURED (Section 11) is amended to (2) "Bodily injury" or "property damage" oc after:
(a) All work, including materials, parts o
equipment furnished in connection w
work, on the project (other than servi
maintenance or repairs) to be perforn
or on behalf of the additional insured
the site of the covered operations has
(b) That portion of "your work" out of w
injury or damage arises has been put
intended use by any person or organi
other than another contractor or subc tor engaged in performing operations
principal as a part of the same projec
(3) "Bodily injury'' or ''property damage" ari
out of any act or omission of the additior
sured(s) or any of their "employees", 0th
the general supervision by the additional
sured(s) of your ongoing operations perfi
for the additional insured(s).
(a) Property owned, used or occupied by
include as an insured the person or organization (called
"additional insured") shown in the Schedule but only with respect to liability arising out of:
A. Your ongoing operations performed for the addi-
B. Acts or omissions of the additional insured(s) in
tional insured(s) at the location designated above; or
connection with their general supervision of such operations. completed; or
2. With respect to the insurance afforded these additional
insureds, the following additional provisions apply:
A. Exclusions b., c., g., h.(l), j., k., 1. and n. under
COVERAGE A - BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY (Section I - Cover-
ages) do not apply.
B. Additional Exclusions. This insurance does not
apply to:
(1) "Bodily injury" or "property damage" for which
the additional insured(s) are obligated to pay
damages by reason of the assumption of liability
in a contract or agreement. This exclusion does
not apply to liability for damages that the addi-
tional insured(s) would have in the absence of
(4) "Property damage" to:
rented to the additional insured(s); 1) the contract or agreement.
CG 20 09 10 93 Copyright, Insurance Services Office, Inc., 1992 Page
c (b) Property in the care, custody, or control of
the additional insured(s) or over which the
additional insured(s) are for any purpose ex-
(c) Any work, including materials, part
equipment furnished in connection such work, which is performed for 1
,. .. ercising physical control; or tional insured(s) by you.
e
CG 20 09 10 93 Copyright, Insurance Services Office, Inc., 1992 Page
e
MARK RUBIN INSURANCE I ALL COMMERCIAL INSURANCE SERVICES
6313 NANCY RIDGE DRIVE
SANDIEGO CA 92121
PROFESSIONAL RESTORATION SERVICES, STELLA CAPOS, DBA: 9630 BLACK MOUNTAIN ROAD
SAN DIEGO, CA 92126
MERCIAL GENERAL LIABILITY
CLAIMS MADE
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
UMBRELLA FORM
01KR5338234
THE PROPRIETOR/
CITY OF CARLSBAD
5950 EL CAMINO REAL
CARLSBAD, CA 92008
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BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by anol
jurisdiction in the State of California?
1.
Yes &
2. If yes, what washre the name(s) of the agency(ies) and what washre the period(s)
debarment(s)? Attach additional copies of this page to accommodate more than two debarmer
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
LC- (name of contractor) I. ??A L.1;
By: 9 Ls-tGs?sw&
(sign here) ’
9- CA X-Q €A7
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
3 Contractors are required by law to be licensed and regulated by the Contractors’ State License Bc
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent ac
omission is filed within four years of the date of the alleged violation. A complaint regarding a latent ac
omission pertaining to structural defects must be filed within 10 years of the date of the alleged violatic
Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License bo:
P.O. Box 26000, Sacramento, California 95826,
1. Have you ever had your contractor‘s license suspended or revoked by the California Contracl
State license Board two or more times within an eight year period?
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L Yes no I 2. Has the suspension or revocation of your contractors license ever been stayed? z no Yes
3. Have any subcontractors that you propose to perform any portion of the Work ever had 1
contractor‘s license suspended or revoked by the California Contractors’ State license Board tv\ro or m
times within an eight year period? b \ R 1
>( Yes no
4. Has the suspension or revocation of the license of any subcontractor‘s that you propose to perfc
any portion of the Work ever been stayed? k\ 4
Yes +
5. If the answr to either of 1. or 3. above is yes fully identify, in each and every case, the p
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
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B
I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answr to either of 2. or 4. above is yes fully identify, in each and every case, the party vvt
discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nati
of the violation and the condition (if any) upon which the disciplinary action was stayed.
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1 ?Q,FF.WA +% LL 'lo 7 3Qd sAxvLCQ5
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(Attach additional sheets if necessary)
BY CONTRACTOR:
w (name of Contractor)
1 (sign here)
By: -
1-7 c
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1
County of 1
) ss.
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nmr4 CY R onus3 , being first duly sworn, deF (Name bf Bidder)
and says that he or she is
(Title)
(Name of Fin)
of k&F4%f-n ,A 2qsk&'- .%yCrn+ i&PA
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
undisclosed person, partnership, company, association, organization, or corporation; that the bic
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited t
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, conniv
or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidd
that the bidder has not in any manner, directly or indirectly, sought by agreement, communication
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, pr
or cost element of the bid price, or of that of any other bidder, or to secure any advantage against
public body awarding the contract of anyone interested in the proposed contract; that all statemc
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or I
bid price or any breakdown thereof, or the contents thereof, or divulged information or data rela
thereto, or paid, and will not pay, any fee to any corporation, partnership, company associai
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham b
I declare under enalty of perjury that ?he foregoing is true and correct and at this affidavit was execu
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on the ,qiR day of 4ebmW. ,19&.
Signature of Bidder -
A
Subscribed and sworn to before me on the 1s dl * day of <fhbPbhr :, f ,123
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CONTRACT
PUBLIC WORKS
This agreement is made this 27th day of May , 19=, by and between '
Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter c
"District"),
.-, -'\ q tr kSb Lk ciZ47fg reinafter cal
and -$kc3 FL-&cC ilz, ~5705261. q~%~d, &vC
9b2J) *d,p' X A< !LcpTi a":. Y(
'Contractor').
District and Contractor agree as follows:
1.
1.
1 Q whose principal place of busine
-, F--- ILL
Description of Work. Contractor shall perform all work specified in the Contract document!
CONTRACT NOS. 35351 AND 3529l-CMWD 97-109
"Dl", "D2", "E", AND ELM RESERVOIRS INTERIOR COATING
AND
"E" AND ELM RESERVOIRS EXTERIOR PAINTING
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting I
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of OV
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications,
Special Provisions, addendum(s) to said Plans and Specifications and Special Provisions, and all pra
amendments and changes made thereto in accordance with this Contract or the Plans and Specificatio
and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicai
specified, and implied by the Contract Documents. Any items of work not indicated or specified, but \nA.
are essential to the completion of the mrk, shall be provided at the Contractor's expense to fulfill
intent of said documents. In all instances through the life of the Contract, the District will be the inte
of the intent of the Contract Documents, and the District's decision relative to said intent will be fin:
binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of
Contract will not relieve responsibility of compliance.
4.
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Pu
Works Construction (SSPWC) 199 7 Edition, and supplements thereto, hereinafter designated "SSI
as issued by the Southern California Chapter of the American Public Works Association, and as amen
by the Special Provisions section of this contract. The Engineer will close the estimate of work comple
for progress payments on the last working day of each month.
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Payment. For all compensation for Contractor's performance of work under this Contract,
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5. Independent Investigation. Contractor has made an independent investigation of the jobsite
soil conditions at the jobsite, and all other conditions that might affect the progress of the work, an(
aware of those conditions. The Contract price includes payment for all work that may be done
Contractor, whether anticipated or not, in order to overcome underground conditions. Any information 1
may have been furnished to Contractor by District about underground conditions or other job conditic
for Contractor's convenience only, and District does not warrant that the conditions are as thus indic=i
Contractor is satisfied with all job conditions, including underground conditions and has not relied
information furnished by District.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenct
other excavations that extend deeper than four feet below the surface Contractor shall promptly, l
before the following conditions are disturbed, notify District, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous wastc
defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, CIi
II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from tl
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nz
different materially from those ordinarily encountered and generally recognized as inherent in work of
character provided for in the contract.
District shall promptly investigate the conditions, and if it finds that the conditions do materially so dii
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the ti
required for, performance of any part of the wrk shall issue a change order under the procedi
described in this contract.
In the event that a dispute arises behen District and Contractor whether the conditions materially ( or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time requi
for, performance of any part of the work, contractor shall not be excused from any scheduled comple
date provided for by the contract, but shall proceed with all work to be performed under the contr
Contractor shall retain any and all rights provided either by contract or by law which pertain to
resolution of disputes and protests between the contracting parties.
7. immigration Reform and Control Act. Contractor certifies it is aware of the requirements (
Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and
comply with these requirements, including, but not limited to, verifying the eligibility for employment c
agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Departmei
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is
file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California La
Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applia
prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense,
indemnify and hold harmless the District and the City of Carlsbad, and their officers and employee!
all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirc
arising from or in connection with the performance of the Contract or work; or from any failure or alle
failure of Contractor to comply with any applicable law, rules or regulations including those relatin
safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the si
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I may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, exc
for loss or damage caused by the sole or active negligence or willful misconduct of the District or C
expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration
other dispute resolution method.
Contractor shall also defend and indemnify the District and City of Carlsbad against any challenges
award of the contract to Contractor, and Contractor Will pay all costs, including defense costs for
District and City. Defense costs include the cost of separate counsel for District and City, if District
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1 requests separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance aga
claims for injuries to persons or damage to property which may arise from or in connection with
performance of the mrk hereunder by the Contractor, his or her agents, representatives, employee!
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subcontractors. Said insurance shall meet the District's policy for insurance as stated in Resolutio
772.
(A) Coverages And LimitsContractor shall maintain the types of coverages and minimum limits ind
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herein:
a. Comprehensive General Liability Insurance $1,000,000 combined single limit per occurrenc
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bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
amounts specified shall be established for the risks for which the District or its agents, offic
employees are additional insured.
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b. Automobile Liability Insurance $1,000,000 combined single limit per accident for bodily injuq
property damage. In addition, the auto policy must cover any vehicle used in the performance of
contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or n
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scheduled. The auto insurance certificate must state the coverage is for "any auto'' and cannot be limi I o in any manner.
c. Workers' Compensation and Employers' Liability Insurane: Workers' compensation tin
required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to
District.
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(B) Additional Provisions Contractor shall ensure that the policies of insurance required under
agreement contain, or are endorsed to contain, the following provisions. General Liability, Employe
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Liability and Automobile Liability Coverages:
a. The District and City of Carlsbad, their officials, employees and volunteers are to be coven
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additional insured as respects: liability arising out of activities performed by or on behalf of the Contrac
products and completed operations of the Contractor; premises owned, leased, hired or borrowed b
Contractor. The coverage shall contain no special limitations on the scope of protection afforded to
District or City, their officials, employees or volunteers. All additional insured endorsements mus
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evidenced using separate documents attached to the certificate of insurance; one for each compi
affording general liability, employers' liability and auto liability coverage.
b.
their officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, their officials, employees or volunteers shall be in excess of the
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contribute with it.
c.
District and City, their officials, employees or volunteers.
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The Contractor's in surance coverage shall be primary insurance as respects the District an
Di:
Contractor's insurance and sh
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to
8.
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d. Coverage shall state that the Contractor's insurance shall apply separately to each insured agl
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(C) "Claims Made" Policies If the insurance is provided on a "claims made" basis, coverage sha
maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation Each insurance policy required by this agreement shall be endorse
state that coverage shall not be nonreneved, suspended, voided, canceled, or reduced in coverage
limits except after thirty (30) days' prior witten notice has been given to the District by certified mail,
receipt requested.
(E) Deductibles And Self-insured Retention (S.I.R.) Levels Any deductibles or self-insured retc levels must be declared to and approved by the City. At the option of the District, either: the insure
reduce or eliminate such deductibles or self-insured retention levels as respects the District and Cil
officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses
related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation All policies of insurance required under this agreement shall conk
waiver of all rights of subrogation the insurer may have or may acquire against the District or City or
their officials or employees.
(G) Subcontractors Contractor shall include all subcontractors as insured under its policies or E
furnish separate certificates and endorsements for each subcontractor. Coverages for subcontract
shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers Insurance is to be placed with insurers that have a rating in Best's
Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance
the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in
official publication of the Department of Insurance of the State of California and/or under the standa
specified by the Board of Directors in Resolution No. 772.
(I) Verification Of Coverage Contractor shall furnish the District with certificates of insuranci
original endorsements affecting coverage required by this clause. The certificates and endorsements
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
behalf. The certificates and endorsements are to be in forms approved by the District and are
received and approved by the District before the Contract is executed by the District.
(J) Cost Of Insurance The Cost of all insurance required under this agreement shall be included in 1 Contractor's bid.
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11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolve
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article
(commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is includec
the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the
using the informal dispute resolution process described in Public Contract Code subsections 20104.2
(c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with
Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim
cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the Distric
be asserted as part of the contract process as set forth in this agreement and not in anticipation
litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowiedges that if a false claim is submitted to the District, it r
considered fraud and the Contractor may be subject to criminal prosecution.
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(C) Government Code. Contractor acknowledges that California Government Code sections 126f seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim
public entity. These provisions include false claims made with deliberate ignorance of the false informa
or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursu
the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknodedges that the filing of a false claim subject the Contractor to an administrative debarment proceeding herein the Contractor may
prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code.The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an
jurisdiction is grounds for the Carlsbad Municipal Water District to disqualify the Contrac
subcontractor from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of
Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business specified above, Contractor shall so inform the District by certified letter accompanying the retum (
Contract. Contractor shall notify the District by certified mail of any change of address of such recc
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 17:
the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substitutec
any monies withheld by the District to secure performance of this contract for any obligation establisht
this contract. Any other security that is mutually agreed to by the Contractor and the District I
substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and (
required by law to be inserted in this Contract shall be deemed to be inserted herein and included her
and if, through mistake or othewise, any such provision is not inserted, or is not correctly inserted, 11
upon application of either party, the Contract shall forthwith be physically amended to make such inser or correction.
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I a 2/26/97? Contract Nas. 35351and 35291 Page 30 of 55Pages
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16. Additional Provisions. Any additional provisions of this agreement are set forth in the "Ge
Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACC I.
(CORPORATE SEAL)
CONTRACTOR: CA
mu
~CWESSKN?JJ RESTORATION SER~CES, h+@y:
(name of Contractor)
By:
7 2 nfi & -5 - kc, 51 IS € vx7 .. a% 5 rEi 1 I (brint name and title)
L-2 9/2~-5
(sign here)
, \i z I, ^? c RO<?&Li - %Q, y&-& : &ohT I "(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
officer signs, the corporation must attach a resolution certified by the secretary or assistant secrei
under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By: , JAF MOBALDI
Deputy General Counsel
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I a 2/26/97 Contract Nos. 35351and 35291 Page 31 of 55 Pages
CAL1FORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~"AU&&,,A
county of Gi#w o/. L3a
a
personaily appeared hb?%Es 6 i ff,%f C'LCS 4 J,?3.G4f CMWi
Narnqs) d Sqrmr(r) t
,@perscna!fy known :o me - OR - J proved to me on the basts of satisfadory evidence io be the person('s1
whose name($) &*e subscrroed to the wlthin instntment
and acxnowledged to me that+wfhe/w executed the same in kus&w.dtRfjv authonzed caoac:ty(iesf, and that by -i%&&fftke;r signature(9 on the !nstrument the personby,
or the entity uoon behalf Of wnlch the personfsj acted, executed the instmment.
WITNESS my hand and official seal. $
NB41.& "25 &&/
1
1 Slgnaturs ai NQI~ PWIO
0 PTIO NA L Thougn me informatron oeiow IS not reouired by /aw it may prove valuable '0 cesons relving on [he documenr ana could prevent
fraudulent removal and reattamment of inlS :arm io another document
I
Description of Attached Document
f
0
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signerfs)
Signer's Name: A)zu &"wJ
e lndlvldual
U Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
/q!L&>*, 'A,-dLwL & I P&&#?&.
0
Ro0cd.r: WI Toll-Frse I500-87f 0 1994 ~~wnal Noialy AscuaIym - 8236 Remmec Avs P 0. Box 7184 - cvloga Park. 0 91309-7184 Pmd No 5907
Bond #P279 31 41
LABOR AND MATERIALS BOND 0
WHEREAS, the Board of Directors of the Carisbad Municipal Water District of the City of Carlsbai of California, by Resolution No. IO 12 -1 adopted April 14, 1998
has awarded to Professional Resroration Services, Inc. (hereinafter designated as the ”Principal“), a Confrad for:
CONTRACT NOS. 35351 AND 35291-CMWD NO. 97-109
“Dl ”, “DZ”, “E”, AND ELM RESERVOIRS INTERIOR COATING
AND
“E? AND ELM RESERVOIRS EXTERiOR PAINTING
in the City of Carisbad, in strict conformity hcith the drWngs and spedfications, and other COI Documents now on file in the Office of the Secretary of the Board of Directors of the Cadsbad N
Water District (City Clerk of the City of Carisbad) and all of which are incorporated herein
reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof mquk furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay fo materials, provisions, provender or other supplies or teams used in, upon or abaut the performance c wrk agreed to be done, or for any wrk or labor done thereon of any kind, the Surety on this bond vd
the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
Reliance National
Principal, (hereinafter designated as the “Contractof), and Indemnitv ComDanv
Surety, are held firmly bound unto thecarisbad Municipal Water Districtin the sum of Two Hur
being fifty percent (50%) of the estimated amount payable by the Carlobad Municipal Water Distn
the terms of the 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 these presei
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontractors fail t
for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the perfom of the work contracted to be done, or for any other work or labor thereon of any kind, or for amount: under the Unemployment Insurance Code vith respect to such wrk or labor, or for any amounts res to be deducted, withheld, and paid over to the Employment Development Department from the wag employees of the contractor and subcontractors pursuant to section 13020 of the Unemploy Insurance Code dith ‘resped to such wrk and labor that the Surety will pay for the same, not to er the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasoi expenses and fees, induding reasanable attorney’s fees, to be fixed by the court, as required b provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled 1
claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3032).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms c
Contract, or to the work to be performed thereunder or the specifications accompanying the same
affect its obligations on this bond, and it does hereby waive nntice of any change, extension of alterations.or addition to the terms of the contract or to the work or to the specifications.
Professional Restoration Services, Inc. 0
Forty Five Thousand and no/ loo----------- Dollars ($ 245,000 boo ), sa
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In the event that Contractor is an individual, it is agreed that the death of any such Conifactor shal exonerate the Surety from its obligations under this bond. m
Executed by CONTRACTOR this 28th day Executed by SURETY this 28th
of Apr i 1 ~ 19%. of April I 79.
CONTRACTOR: SURm:
Professional Restoration Services, Inc. Reliance National Indemnity Corn]
(name of Contractor) (name of Surety)
4275 Executive Sqaure, Ste. 700
BY La Jolla, Ca. 92037
(address of Surety)
James G. Capous (619) 824-3398
(print name here)
(title and Organization of signatory)
(telephone number of Surety)
President
By:
.L& &?!A 5 Dennis G. West 0 (sign hdre) - (printed name of Attorney-in-Fa
Stella Capous (attach corporate resolution sh&ng
(print name here)
(title and organization of signatory)
power of attorney)
Vice President
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If on
officer signs, the corporation must attach a resolution certified by the secretary or assistant seci under carporats seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL General Counsel
By:
0
a 3/3GlP? rnntrart hlm ?5c;?Gtnnri 35791 Paae 33 of 55Paaes
0
0
55. } STATE OF CALIFORNIA
COUiuTGF sAN D1EGo
cn 4-28-98 , ’r;e&re =?.,e, KATfILEEN M. LEWIS/NOTARY PUBLIC
PZ,T@I\jXLLY .A.??5iJi2 DENNIS G. WEST
pe-sondy hown to ne (7 - to be the personi9q whose name!$
is/= subsclbeci to the within instrument and adaowi-
edged to me &at he/- emxed the same in ruS/
liWQ€E& authorized capacit).(&X), and rhar by his/twx/
tIfW siFarure@) on the instnunex the pezon@, or the
er.dty upon behaif of whiG? the persod3 acted, execxed
the insrmerlt.
I I
,
i I mES my hand mu oziidai sei
- . :is zm for SJ~CLZL .Vo:armL Ssi
0 PT’I 0 N A L
Thougn :he aslit oeiow is not reauirea by law, It may prove valuacle to oersans relying an the docsrnenr ana auld frauaulent reartacment OT ?his form.
CAPACITY CLAIMED BY SlGNER DESCRIPTION OF ATiACHED DOCtlIV
E NOIVIOUAL
UfiPORATE cl=5czq 50% Payment Bond 0 c-
TITLE OR TYPE OF DOCUMENT ws a LiMRT3 a GENE3AL 2 17 PARTNE.?(S)
a ATTORNEY-IN-FACT NUME3 OF PAGES
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
0
Countyof ,G~J Dig~d
personally appeared JN flE§ 6- &J%?dJ 6 S2F&4 &PdL#J
Narnqs) d Stgner(sJ t
)%psonally known to me - OR -1J proved to me on the Sasis of satisfactory evidence to be the person('s1
whose narne(#/ate suoscribed to the within instrument
and acknowledged to me that k%dmwW executed the same in /3s~ber/hsv authonzed capaclty(ies), and that by &&ier/fkr signature( T) on the rnsirurnent the personbf;
or the entity upon behalf of wnich :he personls; acted,
executed the instrument.,
WITNESS my hand and orficial seal.
//%2%?.&2 & &&LC@
( Sqnaiure 01 Noiy ?coir
$?
0 PTIO NA L
Thougn :he ~nformafron seiow IS not reuurred by law it may prove valuable 's cersons relvmg on ihe documen: and could prevent traudulenr removal and realtacnment of thts [arm !o another docurnen:
Description of Attached Document
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Oocument Date: 4-23 -- 98 Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
[hk?Ul Signer's Name: c(@%?dd [&PO&J
c! Individual
0 Guardian or Conservator
Prod No. 5907 Asader: Call Tdl-hoe 1-8W07(
U Guardian or Conservator
Signer Is Representing:
e
Q199~N~w~Noiaryi\sroc~mn.E23SRerrmc Ave. PO. Box 7184-Canog.Parn.W\91309-7184
BOND #P279 31 41 PREMIUM $9800.00
’’ne %-3J a 2pnr;*,--pl .e Ppma &-*4G
, ;””>e, a* e- $=&&
0 FAITHFUL PERFURMANCEMIARRANW BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbz
of California, by Resolution No. f O1 2 , adopted April 14, 1998 , has awarded to
1 (hc Professiona I Restoration Services, Inc.
designated as the “Principal”), a Contract fot:
CONTRACT MOS. 35351 AND 35291
‘Dl”, “D2”, ”E”, AND ELM RESERVOIRS INfERfOR COATING
AND “E” AND ELM RESERVOiRS EXTERIOR PAINTING
in the Carisbad Municipal Water District, in strict conformity 4th the contract, the dravvin! specifications, and other Contract Documents now an file in the Office of Secretary of the I
Directors of the Cartsbad Municipai Water District (the City Clerk of the City of Carisbad >, all of v
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof requir
furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, Professional Restoration Services, Inc. ; as Pr
0 (hereinafter designated as the ”Contractor“), and Reliance National Indemnity Company
, as Surety, are held and firmly bound unto the Carlsbad M
Water District in the sum of Four Hundred Ninety Thousand and no/100----------
Dollars ($490 I 000. I
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
to District or its certain attorney, its successors and assigns; for Mich payment, bell and truly to be I
we bind ourselves, our heirs, executors and administrators, sutcessors or assigns, jointly and sevl firmly by these presents.
THE CONDITION OF THIS OBLIGATON IS SUCH that if the above bounden Contractor, their
executors: administrators, successors or assigns, shall in ail things stand to and abide by, and ve tnrly keep and perform the covenants, conditions, and agreements in the Contract and any alte
thereof made as therein provided on their pari, to be kept and performed at the time and in the m therein specified, and in all respects according to their true intent and meaning, and shall indemnif save harmless the Carisbad Municipal Water District, its officers, employees and agents. as
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force :
As a part of the obligation secured hereby and in addition to the face amount specified therefor, therr
be included costs and reasonable expenses and fees, induding reasonable attorney’s fees, incun
the District in successfully enforcing such obligation, all to be taxed as costs and included in any jud rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms Contract or to the work to be performed thereunder or the specifications accompanying the samf
affect its obligations on this bond, and it does hereby mive notice of any change, extension 01 alterations or addition to the terms of the contract or to the work or to the specifications.
_______________c________I_______________------------------
a
@ 2/26/97 Contracr Nas. 3535Jand 35291 Page 34 of 55Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shal
exonerate the Surety from its obligations under this bond.
a
Executed by CONTRACTOR this 28th day Executed by SURRY this 28th
of April ,IS%. of April ,19 98 .
CONTRACTOR SURETY:
Professional Restoration Services, Inc. Reliance National Indemnity Ca
(name of Contractor) (name of Surety)
4275 Executive Sqaure, Ste. 701
By: La Jolla, Ca. 92037
(address of Surety)
(telephone number of Surely)
James G. Capous (619)824-3398
(print name here)
(Title and Organization of Signatory)
President
By:
Dennis G. West
(printed name of Attorney-in-Fs
(print name here) (Attach corporate resolution showing
5 (sign here) ' 0
Stella Capous
power of attorney.)
Vice President
(Title and Organization of signatory)
Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If ot officer signs, the corporation must attach a resolution certified by the secretary or assistant sec
under corporate seal ernpoweflng that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL General Counsel
By:
eputy General Counsel 0
a 2126197 Contract Ne. 35351and 35291 Page 35 of 55Pages
IS/%% subsmbed to the w~dun instrumex and aLsitow1-
CALIF0 RN IA ALL-PURPOSE ACKNOWLEDGMENT
State oi (’AUFQR/~/~A
County of 5&Iu ,J/ziW
0
4 - Zgj d $3 before me, />fJflV* 3 6: d&%~/d~?-j@ Pudi.;r, !I On Oata ~Vame ana Tok 01 Onlcsr (a g.. *Jane Ooe.Norary ~,,i,lq
personally appeared J-5 6- &fldd.j 8 A-,EZ.L4 &fic.eI
$&erscnalty known to me - OR -I proved to me on the basis of satisfactory evidence to be the person(‘s}
whose name(s)+siare subscribed io the wlthrn instrument
and acknowledged to me that h&he/they executed the
same in Wrltt)s~ authonzed capacity(&), and that by
A’S#mWmr SignatUre(7 on the rnsirument the personbf; or the entity uoon benaif of which the person(5; ac:ed,
exectited the insirument.
WITNESS my hand ana offic:al seal.
Narnqr) d Stpwr) a f I
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OPTIONAL
Thougn the informaiton oelow IS 101 reauirea by law it may prove valuaule ‘0 cersons relving on me documen; and could prevent
fraudulent removal and reaifacment ot *his lorn Io another document
Description of Attached Document
Title or Type of Document: /%Z#%&~!!L~ A‘>/ 0
Number of Pages: 3 Document Date: +-L@ - %$
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer‘s Name: &Wfl.a Gd h#ht’ 5 Signer‘s Name: staLd4) &#%&TP
0 Individual
13 Partner - 0 Limited CI General
G Attorney-in-Fact 0 Attorney-cn-Fact
C! Guaraian of Conservator
0 Partner - 0 Limited 0 General
C Guardian or Conservator
Signer Is Representing: Signer Is Representmg:
/%:tzzs51 E,*/AL /&vi3”Wd.d §!A fz-x) c -8.4 flflw%% ,J
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION I.
The folloMring representation and certification shall be completed, signed and returned to City of Carlst as a part of the bid package.
REPRESENTATIONS' Mark all applicable blanks. This Are you currently certified by CALTRANS?
offeror represents as part of this offer that the ownership, operation and control of the business, in accordance wrth the specific definitions listed below is
NO - YES
Certification #
CERTIFICATION OF BUSINESS REPRESENTATION(S)c
Mark all applicable blanks. This offeror represei part of this offer that.
This firm is- is notJ a minority business. This firm is- is notL a woman-owned busii
WOMAN-OWNED BUSINESS A woman-own ness is a business of which at least 51 percent is controlled and operated by a woman or Controlled is defined as exercising the power i policy decisions Operation is defined as actually in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE:
I I 11 11 Asian-Indian
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: "Minonty Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minonty group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minor@ group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic Amencan, Native Amencans (I e American Indian, Eskimos, Aleuts and Natve Hawaiians), and Asian-Pacific Americans ([.e., U.S Crttzens whose ongins 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
!@
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S) c.33 -t &34
LICENSE NUMBER 1.354 kL
TAXPAYERS I D NO 64 - /.?S55?cS~L
Y ?mF -1 i2e.J1e izIl Iarl ~56s fas< -
%%a %Lf&@,Y Qs&fi,'v%T?$LJ SkZA
,\Am>< - G- CADDt,C t - I COMPANY NAME RINTED NAME
ADDRESS
cI7i7I_n
SIGNATURE
L\4-.578-.4a99/n 2- \Lo- 4R
TELEPHONE NUMBER DATE
I@*
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OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called ”District“ i
whose ad
hereinafter called “Contrac 0 whose adc
her
I.
called “Escrow Agent.“
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follol
1. contractor has the option to deposit securities with the Escrow Agent as a substitute for retention eamir required to be withheld by the District pursuant to the Construction Contract entered into betweer
Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Califomi
I District and Contractor for:
CONTRACT NOS. 35351 AND 35291
“Dl”, “D2”, “E”, AND ELM RESERVOIRS INTERIOR COATING
AND
“E” AND ELM RESERVOIRS EXTERIOR PAINTING
in the amount of -- dated (hereinafter referred to i “Contract“). Alternatively, on written request of the contractor, the District shall make payments retention earnings directly to the escrow agent. When the Contractor deposits the securities a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the d The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow ager connection with the handling of retentions under these sections in an amount not less than $100,000 I
contract. The market value of the securities at the time of the substitution shall be a least equal to cash amount then required to be withheld as retention under the terms of the contract between the and Contractor. Securities shall be held in the name of the and shall designate the Contractor as the beneficial owner.
2. The District shall make progress payments to the Contractor for such funds which otherwise wul withheld from progress payments pursuant to the Contract provisions, provided that the Escrow A! holds securities in the form and amount specified above.
3. When the District makes payment of retentions earned directly to the escrow agent, the escrow a shall hold them for the benefit of the contractor until such time as the escrow created under this contrac terminated. The contractor may direct the investment of the payments into securities. All terms conditions of this agreement and the rights and responsibilities of the parties shall be equally applic, and binding when the District pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Ac in administering the Escrow Account and all expenses of the District. These expenses and payment shall be determined by the District, Contractor and Escrow Agent.
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5. The interest eamed on the securities or the money market accounts held in escrow and all intt
eamed on that interest shall be for the sole account of Contractor and shall be subject to withdrawal Contractor at any time and from time to time without notice to theDistrict.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account onl! written notice to Escrow Agent accompanied by written authorization from District to the Escrow Age District consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The District shall have a right to draw upon the securities in the event of default by the Contrac
Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow shall immediately convert the securities to cash and shall distribute the cash as instructed by theDi
8. Upon receipt of written notification from the District certifying that the Contract is final and con and that the Contractor has complied with all requirements and procedures applicable to the Contract,
Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees charges of the Escrow Account. The escrow shall be closed immediately upon disbursement oi moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the District and the contractor pursi sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow
harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as forth above.
IO. The names of the persons who are authorized to give written notices or to receive written notice
behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of respective signatures are as follows:
For District Title i. Name
Signa tu re
Address I For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title I Name
Signature
Address
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1 a 2/26/97 Contract Nas. 35351and 35291 Page 3% of 55 Pages
1
At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow As
fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the patties have executed this Agreement by their proper officers on the
first set forth above.
1
For District: Title
Name I Signature
Address
For Contractor: Title
Name
Signature I Address
For Escrow Agent: Title
Name
Signature
Address
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SPECIAL PROVISIONS
FOR
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CONTRACT NOS. 35351 AND 35291-CMWD NO. 97-109
1.
"E", AND ELM RESERVOIRS INTERIOR COAT 66D193, UD2YY,
AND
"E" AND ELM RESERVOIRS EXTERIOR PAINTING
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT10
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOL 1 1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings Where words "shown", "indicated", "detailed", "noted", "schedulec
words of similar import are used, it shall be understood that reference is made to the plans accompan!
these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions Where wards "directed, "designated, "selected", or words of similar import are us1
shall be understood that the direction, designation or selection of the Engineer is intended, unless sta
otherwise. The word "required" and words of similar import shall be understood to mean "as require
properly complete the work as required and as approved by the Engineer," unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals Where the words "equal", "approved equal", "equivalent", and such \I
of similar import are used, it shall be understood such words are followed by the expression "in the opii
of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance'
words of similar import are used, it shall be understood that the approval, acceptance, or similar impo
the Engineer is intended.
Add the following section:
1-1.4 Perform The word "perform" shall be understood to mean that the Contractor, at its expe
shall perform all operations, labor, tools and equipment, and further, including the furnishing and instal
of materials that are indicated, specified or required to mean that the Contractor, at its expense, s
furnish and install the work, complete in place and ready to use, including furnishing of necessary la
materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclu
defined by the definitions assigned to them herein.
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Agency -the Carlsbad Municipal Water District , California.
Board of Directors - the Board of Directors of the Carl sbad Municipal Water District of the
Carlsbad.
Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or hidher api
representative.
Dispute Board - persons designated by the Executive Manager to hear and advise the Ex
Manager on claims submitted by the Contractor. The Executive Manager is the last appeal le\
informal dispute resolution.
Engineer - the District Engineer of the Carlsbad Municipal Water District or hidher ap
representative. The District Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item- a single contract item constituting less than 10 percent (10%) of the original Coni
Price bid.
Own Organization- When used in Section 2-3.1 - Employees of the Contractor who are hired, dirt
supervised and paid by the Contractor to accomplish the completion of the Work. Further, s
employees have their employment taxes, State disability insurance payments, State and Federal incc
taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 7
organization” means construction equipment that the Contractor oms or leases and uses to accomp
the Work. Equipment that is owner operated or leased equipment with an operator is not part of
Contractor‘s Own Organization and will not be included for the purpose of compliance with section 2-3.
the Standard Specifications and these Special Provisions.
Owner Operator/Lessor- Any person who provides equipment or tools with an operator provided w
employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Age
or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appez
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
first level for informal dispute resolution.
Project Manager - the District Engineer of the Carlsbad Municipal Water District or hisher apF
representative.
Senior inspector - the Project Inspector’s immediate supervisor and first level of appeal for infc
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK a 2-3 SUBCONTRACTS
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requirin
Contractor to complete 50 percent of the contract price with its own organization, the Agency may a
sole discretion elect to cancel the contract or to deduct Sn amount equal to 10 percent of the value of
wprk performed in excess of 50 percent of the contract price by other than the Contractor’s
organization. The Board of Directors shall be the sole body for determination of a violation of 0
I a 2/26/97 Contract Ne. 35351and 35291 Page 41 of 55Pages
provisions.In any proceedings under this section,the prime contractor shall be entitled to a public hearing
before the Board of Directors and shall be notified ten (10)days in advance of the time and location of
said hearing.The determination of the District shall be.final.
2-4 CONTRACT BONDS,modify as follows:Delete the third sentence of the first paragraph having to
do Vllitha surety being listed in the latest revision of U.S.Department of Treasury Circular 570.
Modify Paragraphs three and four to read:The Contractor shall provide a faithful performancelwarranty
bond and payment bond (labor and materials bond)for this contract.The faithful performancelwarranty
bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the
amount of 50 percent of the contract price.Both bonds shall extend in full force and effect and be retained
by the Agency during this project until they are released according to the provisions of this section.
The faithful performancelwarranty bond Vllill be reduced to 25 percent of the original amount 30 days after
recordation of the Notice of Completion and Vllill remain in full force and effect for the one year \I\fclrranty
period and until all \I\fclrranty repairs are completed to the satisfaction of the Engineer.
The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion
if all claims have been paid.
Add the folloVlling:All bonds are to be placed Vllith a surety insurance carrier admitted and authorized to
transact the business of insurance in Califomia and whose assets exceed their liabilities in an amount
equal to or in excess of the amount of the bond.The bonds are to contain the folloVlling documents:
1)An original,or a certified copy,of the unrevoked appointment,power of attorney,by laws,or other
instrument entitling or authorizing the person Vv1l0 executed the bond to do so.
2)A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted,the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of
the bond.The financial statement shall be made by an officer's certificate as defined in Section 173 of the
Corporations Code.In the case of a foreign insurer,the financial statement may be verified by the oath of
the principal officer or manager residing Vllithin the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General,add the folloVlling:The specifications for the VIIOrkinclude the Standard Specifications
for Public Works Construction,(SSPWC),199 7 Edition,and supplements thereto,hereinafter designated
"SSPWC",as issued by the Southem California Chapter of the American Public Works Association,and
as amended by the Special Provisions section of this contract.
The construction plans consist of 1 set of specifications.The standard draVllings used for this project are
the latest edition of the San Diego Area Regional Standard DraVllings,hereinafter designated SDRS,as
issued by the San Diego County Department of Public Works,together Vlliththe Carlsbad Municipal Water
District Supplemental Standard DraVllings.Copies of some of the pertinent standard draVllings are
enclosed as an appendix to these Special Provisions.
2-5.2 Precedence of Contract Documents,add the folloVlling:Where CALTRANS specifications are
used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS
specifications shall have precedence only to the materials and construction materials referred to in the
CALTRANS specifications.The Invitation to Bid,Contract for Public Works,Part 1 of these Special
Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 of the SSPWC shall
prevail over the CALTRANS specifications .
••
~2/26/97 Contract Ncs.35351and 35291 Page 42 of 55 Pages
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25.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Drawings s
bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings i
that they are in conformance with the requirements of the Contract Documents. The Contractor st
subscribe to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
incorporated into this Project, is in compliance with the Contract Documents, can be installed in
allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
25.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" rei
set of blue-line prints, which shall be corrected in red daily and show every change from the origi
drawings and specifications and the exact "asbuilt" locations, sizes and kinds of equipment, undergm
piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtaii
from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a rea
set and shall be delivered to the Engineer upon completion of the wprk. Payment for performing the w
required by section 2-5.4 shall be included in various bid items and no additional payment will be mi
therefor.
1.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all records in the Contractor
subcontractor's possession pertaining to the wprk that the Engineer may request.
Add the following section:
2-10.2 Audit And InspectioQ Contractor agrees to maintain and/or make available , to the En!
within San Diego County l accurate books and accounting records relative to all its activities. The Engir
shall have the right to monitor, assess, and evaluate Contractor's performance pursuant to 1
Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, aud
inspection of premises, reports , contracts, subcontracts and interviews of Contractor's staff. At any
during normal business hours and as often as the Engineer may deem necessary, upon reasoi
advance notice, Contractor shall make available to the Engineer for examination, all of its records
respect to all matters covered by this Contract and will permit the Engineer to audit, examine, cop
make excerpts or transcripts from such data and records, and to make audits of all invoices, materii
payrolls, records of personnel, and other data relating to all matters covered by this Contract. Ho
any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractc
ongoing business operations. Contractor shall maintain such data and records for as long as mal
required by applicable laws and regulations.
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SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor
Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, wh
together will all previous changes to that item is not in excess of 25 percent of the total cost of such it1
based on the original quantity and Contract Unit Price. Adjustments in excess of 25 percent may, at
option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardle
omership, the rates and right-of-way delay factors to be used in determining rental and delay costs SI
be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CALTRANS, curren
the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used
multipliers of the rental rates for determining the value of costs for delay to the Contractor
subcontractors, if any, The labor rates published therein are not a part of this contract.
3-3.2.3 Markup,
replace with the following:
(a) shall constitute the markup for all overhead and profits:
I.
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC
Work by Contractor. The following percentages shall be added to the Contractor's costs
Labor 20
Materials ............................. 15
3) Equipment Rental ................... 15 1 4) Other Items and Expenditures .. 15
................................... 1)
2)
To the sum of the costs and markups provided for in this section, 1 percent shall be added
compensation for bonding.
(b) Work by Subcontractcr. When all or any part of the extra work is performed by a Subcontrz the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work.
markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup (
percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be adc
by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for t
work will not be made until such time that the Contractor submits completed daily reports anc
supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
(5), and add the following: The Contractor shall not be entitled to the payment of any additic
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a char
order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have first gh
the Engineer due written notice of potential claim as hereinafter specified. Compliance with this sec
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting,
to any claim that is based on differences in measurement or errors of computation as to cont
quantities. The written notice of potential claim for changed conditions shall be submitted by
Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the VI
giving rise to the potential claim . The Contractor's failure to give written notice of potential clair
changed conditions to the agency upon their discovery and before they are disturbed shall constitut
waiver of all claims in connection therewith. I.
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The Contractor shall provide the District with a written document containing a description of the par
circumstances giving rise to the potential claim, the reasons for hich the Contractor believes additio
compensation may be due and nature of any and all costs involved within 20 working days of the date
service of the written notice of potential claim for changed conditions. Verbal notifications are disallowc
The potential claim shall include the following certification relative to the California False Claims I
Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California Fa
Claims Act, Government Code sections 12650-12655. The undersigned further understands and agre
that this potential claim, unless resolved, must be restated as a claim in response to the DI
proposed final estimate in order for it to be further considered.”
The Contractor‘s estimate of costs may be updated when actual costs are known. The Contractor st-
submit substantiation of its actual costs to the Engineer within 20 working days after the affected work
completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on
basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of 1
contract be brought to the attention of the Engineer at the earliest possible time in order that such matte
be settled, if possible, or other appropriate action promptly taken.
35 DISPUTED WORK. Add the followhg: The Contractor shall give the agency witten notic
potential claim prior to commencing any disputed work. Failure to give said notice shall constituti
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with disp
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor SI
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. District Engineer
5. District Manager
The Contractor shall submit a complete report within 20 wrking days after completion of the disputed w
stating its position on the claim, the contractual basis for the claim, along with all documentat
supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim
District will, within 10 working days of receipt of said claim or appeal of claim, review the Contract
report and respond with a position, request additional information or request that the Contractor meet a
present its report. When additional information or a meeting is requested the District will prov
position within 10 wrking days of receipt of said additional information or Contractor’s presentation of
report. The Contractor may appeal each level’s position up to the District Manager after which hc
proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution tc
claim to the Executive Manager. Actual approval of the claim is subject to the change order provision
the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in 1
Public Contract Code, Division 2, Part 3, Chapter 1, Artikle 1.5 (commencing w‘th Section 20104) whict
set forth below:
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ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand doll
($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a pul
agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (comrnenc
with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except t
"public work" does not include any work or improvement contracted for by the state or the Regents of
University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of mone!
damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a pul
work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entil
to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1 , 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Clai
must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend
time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writin!
any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of recc
of the claim, any additional documentation supporting the claim or relating to defenses to the claim
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
claimant within 15 days after receipt of the further documentation or within a period of time no greater tt
that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred sever
five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within
days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additio
documentation supporting the claim or relating to defenses to the claim the local agency may have agai
the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
claimant within 30 days after receipt of the further documentation, or within a period of time no greater tt
that taken by the claimant in producing the additional information or requested documentation, whiche
is greater.
(d) If the claimant disputes the local agency's witten response, or the local agency fails to respond wit
the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of recc
of the local agency's response or within 15 days of the local agency's failure to respond within the ti
prescribed, respectively, and demand an informal conference to meet and confer for settlement of
issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference wit
30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the clair
may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commenc
with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code, For purposes of thc
provisions, the running of the period of time within which a claim must be filed shall be tolled from the ti
the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is den
as a result of the meet and confer process, including any period of time utilized by the meet and cor
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process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be construed
change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Sed
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Ttle 1 of the Govemmc
Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to 1
article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court st
submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. 1
mediation process shall provide for the selection within 15 days by both parties of a disinterested tt
person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within
days from the commencement of the mediation unless a time requirement is extended upon a good cai
showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the '
day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuanl
Chapter 2.5 (commencing with Section 1141.10) of Ttle 3 of Part 3 of the Code of Civil Procedi
notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing \II
Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to i
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
purposes of this article shall be experienced in construction law, and, upon stipulation of the parti
mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed th
customary rate, and such fees and expenses shall be paid equally by the parties, except in the case
arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fe
or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Ttle 3 of Part 3 of the Code of C
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obt
a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay
attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undispi
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on i
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
law.
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I SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access
any and all parts of wrk at any time. Contractor shall fumish Engineer with such information as may I
necessary to keep the Engineer fully informed regarding progress and manner of work and character
materials. Inspection or testing of the whole or any portion of the work or materials incorporated in tl
work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Age
will bear the cost of testing materials and/or wrkmanship where the results of such tests meet or excf
the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all ott
tests shall be bome by the Contractor. 1.
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At the option of the Engineer, the source of supply of each of the materials shall be approved by t
before the delivery is started. AI1 materials proposed for use may be inspected or tested at any ti
during their preparation and use. If, after incorporating such materials into the Work, it is found t
sources of supply that have been approved do not furnish a uniform product, or if the product from i
source proves unacceptable at any time, the Contractor shall furnish approved material from oi
approved sources. If any product proves unacceptable after improper storage, handling or for any of
reason it shall be rejected, not incorporated into the work and shall be removed from the project site all
the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed
requirements of the specifications shall be borne by the Agency. Said tests may be made at any pi;
along the work as deemed necessary by the Engineer. The costs of any retests made necessary
noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfad
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined
be unsatisfactory in performance, durability, compatibility with associated items, availability of repair pa
and suitability of application the Contractor shall remove the substituted item and replace it with tl
originally specified item at no cost to the Agency.
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SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1
substitute the following: 20 calendar days after receipt o The Contractor shall begin work within I 0 "Notice to Proceed".
Add the following section:
6-1 .l Pre-Construction Meeting After, or upon, notification of contract award, the Engineer will sei
time and location for the Preconstruction Meeting. Attendance of the Contractor's management person1
responsible for the management, administration, and execution of the project is mandatory for the meet
to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attc
the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No sepal
payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only
issued on or after the completion of the preconstruction meeting.
Add the following section:
6-1.2.3 Bar Chart As a part of the Critical Path Method Schedule the Contractor shall prepan
submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on 1
vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns
distinctive line types to show the critical path.
Add the following section:
6-1.2.6 Float
whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities Any submittals, utility interfaces, or any furnishing of Agency sup1
materials, equipment, or services, which may impact any activity's construction shall be shown a
restraint to those activities. Time periods to accommodate the review and correction of submittals shall
included in the schedule.
Float or slack time within the schedule is available without charge or compensatioi
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Add the following section:
6-1.2.8 Late Completion A Critical Path Method Schedule showing a project duration longer thai
specified contract duration will not be acceptable and will be grounds for default by Contractor, per sect
6-4.
Add the following section:
6-1.2.9 Early Completion The Critical Path Method Schedule will show the Contractor’s plan to SUI
and maintain the project for the entire contractual timespan of the project. Should the Contractor propa
a project duration shorter than contract duration, a complete Critical Path Method Schedule mi
submitted, reflecting the shorter duration, in complete accordance with all schedule requirements
section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shor
than the duration specified; provided the Agency is satisfied the shortened Critical Path Method Sc
is reasonable and the Agency and all other entities, public and private, which interface with the project i
able to support the provisions of the shortened Critical Path Method Schedule. The Agency’s accep
of a shortened duration projectwill be confirmed through the execution of a contract change order revisi
the project duration and implementing all contractual requirements including liquidated damages
accordance with the revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
Engineer’s determination that the Critical Path Method Schedule proposed by the Contractor complie5
the requirements of these special provisions shall be a condition precedent to issuance of the Notice
Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet I
requirements of these specifications the Contractor shall correct the Construction Schedule to meet the
specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Enginet
determination that the initial Construction Schedule proposed by the Contractor complies with
requirements of these special provisions within thirty (30) working days after the date of
preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by i
Engineer to review the initial Construction Schedule will not be included in the 30 working days.
The Engineer will review and retum to the Contractor, with any comments, the Critical Path II
Schedule within 15 working days of submittal. The Critical Path Method Schedule will be returned m
as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project wrk upon issuance of the Nc
to Proceed, and will receive payment for the schedule in accordance with section 6
Add the following section:
6-1.2.10.2 “Accepted with Comments”
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating
comments prior to receipt of payment per section 6 -1.8.1.
Add the following section:
6-1.2.1 0.3 “Not Accepted” The Contractor must resubmit the schedule incorporating the correct1
and changes of the comments prior to receipt of payment per section 6 -1.8.1. The Notice to Procer
not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefi
and marked “Accepted or “Accepted with Comments” by the Engineer. The Contractor, at the sole opt
of the Engineer, may be considered as having defaulted the contract under the provisions of section I
DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbef
and marked “Accepted” by the Engineer.
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-1.8.1.
The Contractor may proceed with the project work I
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Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions The Contractor shall meet with the Eng
during the last reek of each month to agree upon each activity’s schedule status and shall submit mont
updates of the Critical Path Method Schedule confirming the agreements no later than the fifth woi
day of the following month. The monthly update will be submitted on hard (paper) copy and electrc
media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 t
will include each item and element of sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates The actual dates each activity was started and/or completed during
month. After first reporting an actual date, the Contractor shall not change that actual date in later updal
without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete For each activity underway at the end of the month, the Contrt
shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.4 List of Changes A list of all changes made to the activities or to the interconnecting logic, \
an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisi
reflecting the change orders approved in the previous month. The network revisions will be as agrc
upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart Each monthly update will include a chart showing individual tasks and their duratil
arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall u
differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1.4 Engineer’s Review of Updated Construction Schedule The Engineer will review and retui
Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submit
The Updated Construction Schedule will be returned marked as per sections 6-1.4.1 through 6-1.4.3. P
Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted by the Engineer
be returned to the Contractor for correction. Upon resubmittal the Engineer will review and retum
resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working da)
Failure of the Contractor to submit a monthly updated construction schedule will invoke the sa
consequences as the Engineer returning a monthly updated construction schedule marked ‘Y
Accepted.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for
schedule in accordance with section 6 -1.8.2. ,
Add the following section:
6-1.4.2 “Accepted with Comments” The Contractor may proceed with the project work.
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6
Add the following section:
6-1.4.3 “Not Accepted” The Contractor must resubmit the Updated Construction Schedule to
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt
payment per section 6 -1.8.2. The Contractor, at the sole option of the Engineer, may be considered
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having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if
changes of the comments are not submitted and marked “Accepted“ by the Engineer before the last dab
the month in which the Updated Construction Schedule is due. If the Contractor fails to submit
corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with *
project at its own risk. Should the Contractor elect not to proceed with the project, any resulting del
impact, or disruption to the project will be the Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates Should the Schedule Update indicate a completic
contractually required milestone date later than the properly adjusted contract or milestone duration, 1
Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accept
Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously h
Liquidated Damages shall be released in the monthly payment to the Contractor immediately following “Accepted schedule.
Add the following section:
6-1.6 Interim Revisions Should the actual or projected progress of the work become substant
different from that depicted in the Project Schedule, independently of and prior to the next monthly upda
the Contractor will submit a revised Critical Path Method Schedule, with a list and explanation of
change made to the schedule. The Revised Construction Schedule will be submitted per the submi
requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6
including but not limited to the acceptance and payment provisions.
Add the following section:
6-1. 7 Final Schedule Update The Contractor shall prepare and submit a final schedule update \n
one hundred percent of the construction vmrk is completed. The Contractor’s Final Schedule Update mi
accurately represent the actual dates for all activities. The final schedule update shall be prepared a
reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engine(
Review of Updated Construction Schedule. Acceptance of the final schedule update is required
completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-1.8 Measurement and Payment
per sections 6-1.8.1 through 6-1.8.3.
Add the following section:
6-1.8.1 Initial Payment A stipulated lump sum no greater than 30% of the lump sum bid will be TT
when the Engineer has accepted a Construction Schedule for this project.
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments Monthly Updated Construction Schl
Payments will be made in accordance with the approved Updated Construction Schedule.
Add the following section:
6-1.8.3 Concluding Payment A Final payment of 20% of the lump sum bid according ti
Construction Schedule will be made when both one hundred percent of the contract work is completed 2
the Engineer has accepted a final construction schedule update prepared and submitted by the Contrac
as required herein that shows the actual beginning and ending dates and all other data that is required
baseline and update schedules for each activity shown on the Critical Path Method schedule and UF
thereto that the Engineer accepted for this project.
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Construction Schedule will be paid for at the stipulated lump
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Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule The Contractor's preparation, re
and maintenance of the Construction Schedule are incidental to the work and no separate payment will
made therefor.
6-2 PROSECUTION OF WORK. I*
Add the following section:
6-2.3 Project Meetings The Engineer will establish the time and location of monthly meeting
compensation will be paid for these meetings. 4 6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report Modify as follows: The Contractor shall provide written notice t(
Engineer within tvvu hours of the beginning of any period that the Contractor has placed any worker:
equipment on standby for any reason that the Contractor has determined to be caused by the Agenq
by any organization that the Agency may otherwise be obligated by. The Contractor shall proi
continuing daily written notice to the Engineer, each working day, throughout the duration of such perioG
delay. The initial and continuing written notices shall include the classification of each workman z
supervisor and the make and model of each piece of equipment placed on standby, the cumulai
duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of M
the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide 1
notice(s) required by this section the Contractor agrees that no delay has occurred and that it will I
submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following:
completion within 180 calendar days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day Add the following: Unless otherwise approved in writing by the Engineer
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridz
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This Writ
permission must be obtained at least 48 hours prior to such work The Engineer may approve work outs
the hours and/or days stated herein Men, in hidher sole opinion, such work conducted by the Contrac
is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of SL work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1) 1
after recordation of a "Notice of Completion" and any faulty work or materials discovered during I
warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of tt
faithful performance bond shall be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES Modify the last sentence of the first paragraph and the first sentence of
second paragraph and add the following: For each consecutive calendar day in excess of the til
specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agen
or have withheld monies due it, the sum of $1,000 per day.
Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per
the minimum value of costs and actual damages caused by the Contractor to complete the Work within 1
allotted time. Any progress payments made after the specified completion date shall not constitute
waiver of this paragraph or of any damages.
The Contractor shall diligently prosecute the work
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed vdh insurers that ha
rating in Best's Key Rating Guide of at least A-:V and are admitted and authori-zed to conduct busines:
the state of California and are listed in the official publication of the Department of Insurance of the St
of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placec
insurers that are admitted and authorized to conduct business in the state of California and are listec
the official publication of the Department of Insurance of the State of California. Policies issued by
State Compensation Fund meet the requirement for workers' compensation insurance.
1.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control Add the following: Cleanup and dust control required herein
also be executed on weekends and other non-working days when needed to preserve the health safet]
welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout
duration of the Contract. The Engineer may require increased levels of cleanup and dust control that
hisher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleai
and dust control shall be considered incidental to the items of work that they are associated with and
additional payment will be made therefor.
SECTION 9 -- MEASUREMENT & PAYMENT
9-3.2 Partial and Final Payment Modjfy the second paragraph as follows: Each month, the Engir
will make an approximate measurement of the work performed to the closure date as basis for mak
monthly progress payments. The estimated value will be based on contract unit prices, comple'
change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progre
payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) worki
days following the closure date, the Engineer shall complete the detailed progress pay estimate a
submit it to the Contractor for his information. Should the Contractor assert that additional payment
due, the Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemen
payment request to the Engineer with adequate justification supporting the amount of supplemer
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
practicable after receipt, determine whether the supplemental payment request is a proper paym
request. If the Engineer determines that the supplemental payment request is not proper, then 1
request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days afl
receipt. The returned request shall be accompanied by a document setting forth in writing the reasc
why the supplemental payment request was not proper. In conformance with Public Contract Cc
Section 20104.50, the District shall make payments within thirty (30) days after receipt of an undispi
and properly submitted supplemental payment request from the Contractor. If payment of the undispu
supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then 1
District shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a)
Section 685.010 of the Code of Civil Procedure.
9-3.2 Partial and Final Payment The Agency shall retail
percent of such estimated value of the work done and 10 percent of the value of materials so estimat
to have been furnished and delivered and unused or furnished and stored as aforesaid as part secur
for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the WI
has been completed, if the Engineer finds that satisfactory progress is being made, the Agency n
reduce the total amount being retained from payment pursuant to the above requirements to 5 percent
the total estimated value of said work and materials and may also reduce the amount retained from a
of the remaining partial payments to 5 percent of the estimated value of such work and materials.
addition, on any partial payment made after 95 percent of the work has been completed, the Agency IT
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Modify the third paragraph as follows:
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1 a 2/26/97 Contract Nos. 35351and 35291 Page 53 of 55Pages
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reduce the amount withheld from payment pursuant to the requirements of this Section to such les!
amounts as the Engineer determines is adequate security for the fulfillment of the balance of the w
and other requirements of the contract, but in no event will said amount be reduced to less than 1
percent of the estimated value of the wrk yet to be completed as determined by the Engineer.
reduction will only be made upon the written request of the Contractor and shall be approved in w'ting
the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the sure
shall be submitted to the Engineer; the signature of the person executing the approval for the surety sh
be properly acknowledged and the power of attorney authorizing him to give such consent must eitl
accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment Add paragraph 6 et seq. as follows: After final inspectic
Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate wil
in writing and shall be for the total amount owed the Contractor as determined by the Engineer and s
be itemized by the contract bid item and change order item with quantities and payment amounts and s
show all deductions made or to be made for prior payments and amounts to be deducted under provisi
of the contract. All prior estimates and progress payments shall be subject to correction in the F
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make wri
statement disputing any bid item or change order item quantity or payment amount. The Contractor s
provide all documentation at the time of submitting the statement supporting its position. Should
Contractor fail to submit the statement and supporting documentation within the time specified,
Contractor acknowledges that full and final payment has been made for all contract bid items and cha
order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engir
will review the disputed item within 30 calendar days and make any appropriate adjustments on the F
Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subjec
resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the b;
and amount of said claims. The Engineer will consider and determine the Contractor's claims and it wil
the responsibility of the Contractor to fumish within a reasonable time such further information and de
as may be required by the Engineer to determine the facts or contentions involved in its claims. Failur
submit such information and details will be sufficient cause for denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the A
within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim AI
considered that ms not included in this written statement, nor will any claim be allowed for which Wri
notice or protest is required under any provision of this contract including sections 3-4 Char
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Rei
or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or
requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the bi
and amount of said claims. The Engineer will consider and determine the Contractor's claims and it wil
the responsibility of the Contractor to fumish within a reasonable time such further information and de
as may be required by the Engineer to determine the facts or contentions involved in its claims. Failur
submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statemer
further information, whichever is longer, for those claims approved by the Engineer. The Contractor $
proceed with informal dispute resolution under subsectibn 3-5, Disputed Work, for those claims remai
in dispute.
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I a 2/26/97 Contract Nos. 35351and 35291 Page 55 of 55Pages
I
I TECHNICAL SPECIFICATIONS
FOR RECOATING
“Dl”, “D2”, “E”, AND ELM I. STEEL TANK RESERVOlRS
I Part I-General
1.1 Description
A. General Information on Steel Tank Reservoirs I
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B. Reservoir Accessibility
1. “Dl and D2” Reservoirs: The “Dl” and “D2” Reservoir locations are shown on Exhibit 1.
A fifteen foot (15’) strip of asphaltic concrete surrounds both tanks with a twenty foot (20’)
space between the tanks. These reservoirs are accessed from El Camino Real at Cassia Road
via a % mile dirt road.
“E” Reservoir: The “E” Reservoir location is shown on Exhibit 2. This tank is surrounded
by asphaltic concrete pavement a minimum of fifteen feet (15’) in width. This reservoir’s
access is via Hidden Valley Road, an improved road then via a % mile dirt road.
Elm Reservoir: The Elm Reservoir location is shown on Exhibit 3. This tank is surrounded
by asphaltic concrete pavement. This reservoir is accessible via Donna Drive, an improved
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3. 1 road.
C. Order of Work: Only one of the two reclaimed water steel tank reservoirs (“Dl and “D2”) shall
be worked on at a time. All work shall be completely finished and the work accepted by the
Engineer prior to commencing with the other reservoir. Only one of the two potable water steel
tank reservoirs (“E” and Elm) shall be worked on at a time. All work shall be completely
finished and the work accepted by the Engineer prior to commencing with the other reservoir. A
reclaimed water steel tank reservoir and a potable water steel tank reservoir may be worked on
concurrently. Note that a land development project called Pacific View Estates is planned for
construction around Elm Reservoir beginning in Winter 1998.
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D. Statement of Work: The work to be performed under this contract shall consist of furnishing
all labor, equipment, materials for installation of a protective interior epoxy coating and exterior
painting on the “E” and Elm Steel Tank Reservoirs and a protective interior only epoxy coating
of the “Dl” and “D2” Steel Tank Reservoirs. The coatings shall be applied to and include
attachments, accessories, all interior and exterior above-ground piping, walls, floor plate, ceiling,
girders, rafters, beams, columns, ladders, accessholes, flanged outlets, and all additional exposed
surfaces. The work to be performed shall include surface preparation, quality assurance,
dehumidification of the interior sufaces, and all other work necessary to result in a completely
protected and usable structure, including but not limited to the following:
“D 1 ” and “D2” Reservoir
1. Remove all interior coatings by abrasive near white metal blast cleaning.
2. Apply a threecoat epoxy coating system to all interior surfaces.
3. Dispose of all wastes generated from interior coating operations in conformance with all
applicable regulations.
4. Wash down coated surfaces, clean interior of tanks and disinfect as specified.
5. Dispose of all wastes generated from interior coating operations in conformance with all
applicable regulations.
1.
”E” Reservoir
1. Remove all interior coatings by abrasive near white metal blast cleaning
2. Apply a three-coat epoxy coating system to all interior surfaces.
3. Dispose of all wastes generated fiom interior coating operations in conformance with all
applicable regulations.
4. Wash down coated surfaces, clean interior of tank and disinfect as specified.
5. Remove all paint and primer from the exterior surface of the ”E” Reservoir by sandblasting,
as specified, contain all hazardous materials, and dispose of all hazardous wastes in
conformance with all applicable regulations.
6. Apply a flexible sealant to tank circumferential shelVfoundation voids.
7. Apply base, intermediate and finish coat of paint to all exterior surfaces.
8. Dispose of all wastes generated from exterior painting operations in conformance with all I applicable regulations.
“Elm Reservoir”
1. Remove all interior coatings by abrasive near white metal blast cleaning
2. Apply a three-coat epoxy coating system to all interior surfaces.
3. Dispose of all wastes generated from interior coating operations in conformance with all
applicable regulations.
4. Wash down coated surfaces, clean interior of tanks and disinfect as specified.
5. Remove all oxidation, dirt, and other contaminants from exterior surface by washing, as
specified. 3 Remove all existing defective paint on exterior of Elm Reservoir by abrasive blast cleaning,
Remove paint on exterior surfaces where appurtenances are added, removed or modified.
7. Apply specified primer to all areas where exterior paint has been removed.
8. Apply a flexible sealant to tank circumferential shelVfoundation voids.
9. Apply finish coat of paint to all exterior surfaces.
10. Dispose of all wastes generated from exteeor painting operations in conformance with all
applicable regulations.
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D. Surfaces Not To Be Coated: Surfaces not to be coated or painted include fencing, concrete
surfaces, liquid level indicator accessories, glass, plastic, nameplates, and other surfaces on
which coatings or paints would not adhere or would interfere with operation of specific item.
E. Damages Discovered During Work: If severely corroded areas are discovered during the course
of abrasive blast cleaning operations, the Contractor shall document the location of corroded
areas and notify the Engineer or authorized representative. Welding and repair of severely
corroded areas of the tank and other mechanical repairs may be required during the project. The
Contractor shall allow the District access to make repairs while the existing coatings or paints are
being removed. The District reserves the option to repair the tank structure with:
(a) Change order to the contract.
(b) District personnel.
(c) A separate Contractor.
(d) Any combination of the above.
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A time extension may be issued should structural repairs preclude abrasive blast cleaning and/or
coating or paint application. Preparation work shall continue while repairs are being made. The time
exlension will assume the Contractor will be able to re-mobilize and begin or resume coating and
painting within two weeks of notification.
1.2 Reference Specifications and Standards
A. Requirements: Without limiting the general aspects of this specification, all work and
equipment shall conform to the applicable requirements of the Carlsbad Municipal Water
District, the Steel Structures Painting Council, the manufacturers' printed instructions, and
Municipal, State and Federal codes, laws and ordinances governing this type of work.
B. Conflicts: The Engineer's decision shall be final as to interpretation of or conflicts between any
of the referenced specifications and standards contained herein.
1.3 Painting and Decorating Contractor
A. Experience: The contractor shall hold a current Class A or Class C-33 (a licensed Painting and
Decorating Contractor) in the State of California, and shall have a minimum of ten (10)
applications on potable water steel tank reservoirs and a successful history in the application of
the specified products to the interior and exterior surfaces of steel tank reservoirs. The
Contractor shall also provide a certification from the coating system manufacturer stating that
they are qualified to install the manufacturer's product. Painting and Decorating Contractors
who do not meet the ten (10) applications or who have limited or no experience on potable water
tanks will not be used.
B. References: Prior to the District awarding the contract, the Contractor shall furnish the District
with a written list with a minimum of ten (10) references, including contact person(s) and
telephone numbers.
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1.3 Definitions
A. “Coating” refers to protective materials used or applied on interior surfaces.
B. “Paint” refers to protective materials used or applied on eiqerior surfaces.
C. “Coat” refers to paint applied in a single or multiple pass application to form an evenly
distributed film when dry. Designations for “coats” are primer or first coat, intermediate or
second coat, and finish coat, and any coats applied beyond the designated coats.
D. “District” refers to the Carlsbad Municipal Water District.
E. “Engineer” refers to the District Engineer of the Carlsbad Municipal Water District.
F. “Inspectof refers to the District Engineer’s designated job site representative.
G. Lead Containing Paint: On this project specifically, a paint is classified as leadcontaining if it
contains 200 ppm lead or greater.
E. Hazardous Waste: Lead paint debris is classified as hazardous due to the characteristics of
toxicity, if after testing by Toxicity Characteristic Leaching Procedures (TCLP), the leachate
contains any of the elements in the concentrations listed below (or greater):
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Barium 100 ppm
Cadmium 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 40 CFR 261 and must be
taken into consideration. The list above includes only those elements typically associated with paints.
I. 1.5 Personnel and Supervision
A. Personnel: All work shall be performed by skilled craftspeople qualified to perform the required
work in a manner comparable with the best standards of practice. Continuity of personnel shall
be maintained and transfers of key personnel shall be coordinated with the Engineer.
B. Supervision: The Contractor shall provide a supervisor at the work site during all operations.
The supervisor shall have the authority to sign change orders, coordinate work, and make other
decisions pertaining to the fulfillment of the Contract.
h. C. Equipment: The Contractor’s coating equipment shall be designed for the application of the
materials specified and shall be maintained in first-class working condition. Compressors shall
have suitable traps and filters to remove water and contaminants from the air. A blotter test shall
be used to determine the presence of water and contaminants. The Contractor’s equipment shall
be subject to the approval of the Engineer. Cleanliness of compressed air supply shall be verified
dady, and as deemed necessary by Engineer. by directing a stream of air, without abrasive, from
the blast nozzle onto a white blotter or cloth for twenty seconds. If oil or water appears on the
blotter or cloth, all traps and separators shall be blown down until two subsequent twenty-second
tests show no further oil or water.
D. Material Containers: All materials shall be brought to the job site in the original sealed
containers. Containers shall not be opened until the Inspector has physically inspected the
containers and obtained necessary data from information printed on containers or labels.
Materials exceeding storage life recommended by the manufacturer will be rejected.
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atenal Storage: All coating materials shall be stored in enclosed structures to protect them
from weather and excessive heat or cold. Flammable coatings must be stored in accordance with
all applicable City, County, State and Federal safety codes. Coating materials shall be protected
from freezing at all times.
F. Compliance with Laws and Regulations: The Contractor shall give all notices and comply with
all laws and regulations applicable to furnishing and performing the work to be done. Except
where otherwise expressly required by applicable laws and regulations, neither the Disuict nor
the Inspector shall be responsible for monitoring Contractor's compliance with any laws or
regulations. Contractor shall obtain any permits required for cleaning and coating operations
and shall post same at the job site. -8
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G. Subcontractors: The Contractor shall require all subcontractors to fully comply with these 1 specifications.
1.6 Quality Assurance
A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of
surface preparation, application, and inspection throughout the duration of the project.
Procedures or practices not specifically defined herein may be utilized provided they meet
recognized and acceptable professional standards and are approved by the Engineer. The
Contractor shall be held strictly to the true intent of the specifications in regard to the quality of
materials, workmanship, and diligent execution of the Contract.
B. Inspection: All materials furnished, and all work performed under the Contract shall be subject
to inspection by the Engineer. Inspection will be provided by and paid for by the District. Work
performed in the absence of prescribed inspection may be required to be removed and replaced
under the proper inspection, and the entire cost of removal and replacement, including the cost of
any materials furnished by the District and used in the work thus removed, shall be borne by the
Contractor, regardless of whether or not the work removed is found to be defective. Work
covered up without the authority of the Engineer, shall, upon order of the Engineer, be uncovered
to the extent required, and the Contractor shall similarly bear the entire cost of performing all the
work and hrnishing all the materials necessary for the removal of the covering and its
subsequent replacement, as directed and approved by the Engineer.
C. Quality Control: The following quality control provisions shall be strictly adhered to:
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(1) All coating components shall be mixed in exact proportions specified by the manufacturer.
Care shall be exercised to insure all material is removed from containers during mixing and
metering operations.
(2) All coatings shall be thoroughly mixed, in the presence of the Engineer, utilizing an approved
slow-speed power mixer until all components are thoroughly combined and are of a smooth
consistency. Coatings shall not be applied beyond pot-life limits specified by the
manufacturer.
(3) Thinners shall be added to coating materials only as required in accordance with
manufactmers' printed literature and in the presence of the Inspector. Quantities of thinner
shall not exceed limits set by applicable regulatory agencies.
(4) Application shall be by airless spray method except as otherwise specified. Drying time
between coats shall be strictly observed as stated in manufacturers' printed instructions.
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(5) When two or more coats are specified and when possible. each coat shall contain sufficient
approved color additive or the coats shall be of contrasting color, to act as an indicator of
coverage.
(6) Care shall be exercised during spray operations to hold the spray nozzle perpendicular and
sufficiently close to surfaces being coated to avoid excessive evaporation of volatile
constituents and loss of material into the air or the bridging of cracks and crevices. Reaching
beyond limits of scaffold perimeter will not be permitted. All over spray shall be removed by
hand or pole sanding prior to application of subsequent coat or as directed by the Engineer.
(7) Upon completion of coating operations, holiday detection shall be performed by Contractor in
compliance with these specifications using the specified instrument at the voltage required by
the manufacturer. Repair and retesting, if required, shall also be performed in compliance
with these specifications. Inspector is not precluded from verifying adequacy of holiday
testing by accomplishing holiday detection of selected areas. using his own holiday detector.
(8) All mixing, thinning, application, and holiday detection of coatings shall be performed in the
presence of the Inspector.
(9) The tank shall be continuously ventilated and maintained within the temperature and
humidity limits specified by the coatings manufacturer during the curing period. Curing
times shall be per the manufacturer's recommendations.
(10) Over spray and Dust Control: The Contractor shall conduct all operations so as to confine
abrasive blasting debris and coating and paint over spray to within the bounds of the
individual tank site, including keeping abrasive blasting debris and coating and paint over
spray from adjacent tank vents. The Contractor shall take all precautions necessary to prevent
adverse off-site consequences of application operations. Any complaints received by the
District relating to any such potential off-site problems will be immediately delivered to the
Contractor-assigned job site representative. The Contractor shall immediately halt blast
cleaning or application work and shall take all corrective action required to mitigate any such
problems. All costs associated with protection of off-site properties and/or correction of
damage to property as a result of blast cleaning or application operations shall be borne
directly by the Contractor at no additional expense to the District. District approval of
Contractor's over spray prevention and dust control procedures. and Inspector's presence on
project does not relieve Contractor from responsibility for compliance.
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D. Testing: The Inspector will perform, or have performed, such tests deemed necessary to assure
the work is being accomplished in accordance with the requirements of the Contract. Unless
otherwise specified, the cost of such testing will be borne by the District. In the event such tests
reveal noncompliance with the requirements of the Contract, the Contractor shall bear the cost of
such corrective measures deemed necessary by the Engineer, as well as the cost of subsequent
retesting. It is understood and agreed the performance of tests shall not constitute an acceptance
of any portion of the work, nor relieve the Contractor from compliance with the terms of the
Contract. The costs of all other tests shall be borne by the Contractor.
E. Thickness and Holiday Checking: The thickness of coatings and paintings shall be checked
with a nondestructive magnetic-type thickness gauge. Coating integrity of interior coated surfaces
in the immersion zone shall be tested with an approved holiday detection device. Non-destructive
holiday detectors shall not exceed one hundred (100) volts nor shall destructive holiday detectors
exceed the voltage recommended by the manufacturer. For coatings between 10 and 20 mils (0.25
mm and 0.50 mm), a non-sudsing type wetting agent such as Kodak Photo-Flo shall be added to
the water prior to wetting the detector sponge. Flat coated or painted surfaces shall be tested in
conformance to SSPC-PA 2 "Measurement of Dry Paint Thickness with Magnetic Gauges", and
structural members, piping and other irregular surfaces shall be tested with frequency and at
locations as directed by the Inspector. All pinholes shall be marked and repaired in accordance I
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with the manufacturers' printed recommendations and retested, as no pinholes or other
irregularities will be permitted in the final coating.
F. Inspection Devices: The Contractor shall furnish, until the final acceptance of coating, inspection
devices in good working condition for detection of holidays and measurement of dry film thickness
of coatings. The Contractor shall also furnish U.S. Department of Commerce, National Bureau of
Standards-certified thickness calibration plates to test the accuracy of thickness gauges. Dry film
thickness gauges and holiday detectors shall be available at all times until final acceptance of
coatings. Inspection devices shall be operated by, or in the presence of the Inspector. The
Engineer is not precluded from furnishing his own inspection devices and rendering decisions
based solely upon their testing results. In cases of dispute concerning film thickness,
measurements made with instruments shown to be in calibration with the National Bureau of
Standards shall predominate.
G. Acceptable Inspection Devices:. Acceptable devices include, but are not limited to, K-D "Bird-
Dog" nondestructive holiday detector for coating to 20 mils (0.50 mm) dry film thickness; Tinker
& Ram Models AP and AP-W holiday detectors for coatings in excess of 20 mils (0.50 mm).
Inspection devices shall be operated in accordance with the manufacturers' instructions.
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H. Warranty Inspection: Warranty inspection will be conducted by the Contractor and District
between eleven and twelve months following the filing of the Notice of Completion. The draining
of the Tank will be accomplished when there will be minimum inconvenience to the District. AI1
defective work shall be repaired in strict accordance with this specification and to the satisfaction 2 of the Engineer.
1. Notification: The District will establish the date for the inspection and noe the Contractor
at least 30 days in advance. The District may drain the tank and Contractor shall provide, at
his own expense, suitable lighting, scaffolding and ventilation for the inspection. At the
District's option, warranty inspection for interior surfaces may be accomplished by diving
operations with tank in service.
Interior Inspection: The entire interior coating systems shall be visually inspected as
specified. All defective coating as well as damaged or rusting spots of the "Dl, "D2", "E",
and Elm Reservoirs shall be satisfactorily repaired by and at the sole expense of the
Contractor. All repaired areas shall then be electrically tested as specified in the above
mentioned section and repair/ele&cal testing procedure repeated until surface is acceptable
to the Engineer.
3. Exterior Inspection:
2.
The entire exterior paint systems for the "E and Elm Reservoirs
shall be Visually inspected as specified. All defective paint as well as damaged or rusting
spots on the "E and Elm Reservoirs shall be satisfactorily repaired by and at the sole
expense of the Contractor. All repaired areas shall then be again inspected as specified and
repair procedure repeated until dace is acceptable to the Engineer.
4. Inspection Report: The District in conjunction with the coating manufacturer will prepare
and deliver to the Contractor an inspection report covering the twelve month warranty
inspection, setting forth the number and type of failures observed, the percentage of the
dace area where failure has occurred, and the names of the persons making the inspection.
5. Schedule: Upon completion of inspection and receipt of Inspection Report as noted herein,
the District will establish a date for Confractor to proceed with remedial work. If the b
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remedied at the sole cost of the Contractor.
Remedial Work: Any location where coating or paint has peeled, bubbled, or cracked and
any location where rusting is evident shall be considered to be a failure of the system. The
Contractor shall make repairs at all points where failures are obsemed by removing the
deteriorated coating or paint, cleaning the surface, and reapplying the same system. If the
area of failure exceeds twenty-five percent (25%) of a specific coated or painted surface, the
entire applied system may be required to be removed and reapplied based on the District's
sole judgment in accordance with the original specification. Specific coated and painted
surfaces are defined as follows:
6. 3. a
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- interior
'*(l) Underside of roof and support structure
(2) Shell - Interior
(3) Bottom - Interior
(4) Attachments, accessories and appurtenances
Exterior
(1) Roof - Exterior
(2) Shell - Exterior
(3) Attachments, accessories and appurtenances
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~ 7. Upon completion of warranty remedial repairs, Contractor shall disinfect the tank as
;& specified.
afety and Health Requirements
' A. General: Ventilation, electrical grounding, and care in handling coatings, paints, solvents, and
equipment are important safety precautions during coating and painting projects. The Contractor
shall conform with safety requirements set forth by regulatory agencies applicable to the
construction industry and manufacturers' printed instructions and appropriate technical bulletins
and manuals. The Contractor shall provide and require use of personal protective lifesaving
equipment for persons working in or about the project site in accordance with requirements of the
latest revision of OSHA Regulations in 29 CFR 1910.1025 and AWWA D102, Section 7-Safety
Precautions.
B. Orders: Contractor shall submit a notarized letter signed by a principal officer of the
Corporation certifying the Contractor fully complies with California Code of Regulations
pertaining to the work including, but not limited to the following Construction Safety Orders
(CSO) or General Industry Safely Orders (GISO):
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ii -31) Illness Injury Prevention Program CSO/GISO 1508/3203
(2) Confined Space Plan GISO 5156/5159
I CSO/GISO 153 1/5 144 ' (3) Respiratory Protection
(4) Hazard Communication GISO 5194
CSO 1532.1
1 (6) Rolling Scaffolds CSO 1646
CSO 1510
" (8) Emergency Medical Service CSO 1512 L (9) Dusts, Fumes, Mists, Vapors & Gases CSO- 1528
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3 (5) Lead-Based Paint Compliance Plan
(7) Employee Safety Instruction f I.
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C. Access Facilities: All ladders, scaffolding, and rigging shall be designed for their intended uses.
Ladders and scaffolding shall be erected where requested by Inspector to facilitate inspection and
shall be moved by the Contractor to locations requested by the Inspector.
D. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be
explosion-proof. Ventilation shall reduce the concentration of air contaminants such that no
hazard exists. Air circulation and exhausting of solvent vapors shall be continued until coatings
have fully cured. Forced-air ventilation during blast cleaning, coating, and curing operations is
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mandatoIy.
E. Head and Face Protection and Respiratory Devices: Equipment shall include protective
helmets which shall be worn by all persons while in the vicinity of the work. Persons operating
abrasive blasting equipment shall wear air-supplied helmets and all other persons who are exposed
to blasting dust shall wear filter-type respirators and safety goggles. When coatings are applied in
confined areas, all persons exposed to toxic vapors shall wear air-supplied masks; barrier creams
shall be used on any exposed areas of skin.
F. Grounding: Blasting, spray, and air hoses shall be grounded to prevent accumulation of static
electricity charges.
G. Illumination: Spark-proof artifkid lighting shall be provided for all work in confined spaces.
Light bulbs shall be guarded to prevent breakage. Lighting fixtures and flexible cords shall
comply with the requirements of NFPA 70 and NEC for the atmosphere in which they will be
used. Whenever required by the Engineer, the Contractor shall provide additional illumination
and necessary supports to cover all areas to be inspected. The level of illumination for inspection
purposes shall be determined by the Inspector.
H. Material Hazards: Flammability, toxicity, allergenic properties or any other hazardous
characteristic of materials used in coating operations shall be identified and specific safety
practices shall be stipulated and adhered to. The maximum allowable concentration of toxic
vapors shall be kept below the maximum safe concentration for eight-hour exposure, and the lower
explosive vapor limit must be strictly adhered to. The Contractor's responsibility for meeting all
regulations relating to toxic and hazardous materials includes, but is not limited to, obtaining all
permits and EPA numbers, processing paperwork, blood testing of personnel at start and finish of
project, sampling and testing of wastes, paying fees, handling and packaging of wastes at site, and
delivering materials to the selected Class I dumpsite using licensed hazardous materials
transporters. All regulations relating to working with heavy metals or confined spaces shall be
strictly enforced.
Protective Clothing: Coating materials may be imtating to skin and eyes. When handling and
mixing coatings, workers shall wear gloves and eye shields. If working with lead or other heavy
metals, regulations concerning handling of exposed clothing shall be strictly enforced.
J. Fire: During mixing and application of coatings, all flames, welding, and smoking shall be
prohibited in the vicinity. Appropriate fire extinguishers shall be provided by Contractor and kept
at the job site during all operations.
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sound levels, the Contractor shall provide and require the use of approved ear protection devices.
Important: The Contractor shall provide sound bamer enclosures for all equipment exceeding a
noise limit of 45 d.b.a., including but not limited to, portable generators used for providing power,
compressors, dehumidification equipment, mixing equipment, fans and blowers. The maximum
allowable noise level at the CMWD property lines shall not exceed 40 d.b.a. The Contractor shall
provide a monitor to take daily samples at points and times specified during construction. The
noise mitigation plan shall be approved by the Engineer and the Contractor shall keep a log of the
measurements.
\J L. Power and Water: The Contractor shall obtain a construction meter for water utilized during the
construction under this contract. The Contractor may need multiple construction meters if more
than one (1) tank is being worked upon at a time. Power for dehumidification is not available at
any of the four (4) reservoir sites. Therefore, the Contractor shall provide generators for electric
power for all uses at their own cost.
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M. Solvents, Thinners, and Cleaning Solutions: The Contractor shall provide, prior to coating any
surfaces of the tank, written certifications from the coating manufacturers stating that the coating
materials, thinners, solvents, and equipment cleaning fluids provided by the manufacturers do not
contain perchloroethylene (PCE) or trichloroethylene (TCE). The Contractor shall also cerufy, in
writing, that no material containing PCE or TCE in any form will be used for the interior or
exterior coatings of the tank. This shall include all solvents, thinners, and cleaning fluids at the
job site, regardless of where the materials were obtained. All solvents, thinners and cleaning
fluids shall be tested for TCE and PCE prior to being used at the job site. The Contractor shall
provide the Engineer with samples of each material at no cost to the District. Unacceptable
materials shall be removed from the job site.
N. Gas and Air Monitoring: Contractor shall furnish monitoring equipment to determine the
presence of oxygen deficiency or dangerous air contamination. Continual monitoring will be
required. Concentration levels will be as prescribed by CaVOSHA.
1.8 Schedule of Work
A. The Contractor shall submit a complete schedule of all work to be completed utilizing a critical
path method (CPM) schedule. This schedule must be approved by the Engineer prior to the
District issuing the Notice of Award.
B. The schedule shall show a complete sequence of construction activities, idenwng work for the
complete project in addition to work requiring separate stages, as well as any other logically
grouped activities. The schedule shall indicate the early and late start, early and late finish, 50%
and 90% completion, and any other major construction milestones, materials and equipment
delivery, logic ties, float dates, and duration.
C. The Contractor shall revise and resubmit for approval the schedule as required by the District
when progress is not in compliance with the original schedule. The Contractor shall submit
revised project schedules with each and every application for monthly progress payment
identifying changes Since the previous version of the schedule. The schedule shall indicate
estimated percentage of completion for each item of work at each and every submission.
D. Failure of the Contractor to submit, maintain, or revise the project schedule will enable the
District to withhold up to 10% of the monthly progress payment othenvise due and payable to the I
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Contractor until the schedule has been submitted by the Contractor and approved by the Engineer
as to completeness and conformance with these provisions.
E. No changes shall be made to the construction schedule without prior written approval of the
Engineer. Any progress payments made after the scheduled completion date shall not constitute
a waiver of this paragraph or any damages.
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1.9 Hazardous Materials
A. The Contractor shail provide the District with all information regarding the disposal of
contaminated material, including but not limited to:
1. Copies of all correspondence refemng to disposal of contaminated materials/hazardous
waste.
2. Copies of all test results.
3. Name and location of disposal site, owner and operator of site, and verification that site is
approved for disposal of lead in concentrations indicated by testing lab.
4. Name of firm transporting contaminated material, and verification that firm is licensed for
transportation of such materials.
5. Copy of bill indicating that disposal site is in receipt of contaminated material.
B. Contractor shall exert all means in taking necessary precautions to protect the potable water
supply from lead contamination.
1.10 Submittals
A. Submittals shall be approved by the Engineer prior to the Contractor ordering any materials or
mobilizing equipment to the site and shall include the following:
1. Blasting, Mixing, and Dehumidification Equipment
2. Worker Protection Program for Lead Removal
3. Noise Mitigation Plan
4. Product Data Sheets-For interior coating and for exterior paint
5. Material Safety Data Sheets
6. Color Charts
7. Manufaaurer’s Recommendations for Thinning
8. Coating and Painting Material Properties (If Approved Equal Used) including:
a) Quality
b) Durability
c) Resistance to abrasion and physical damage
d) Lifeexpectancy
e) Ability to recoat in future
f) Solids content by volume
g) Recommended dry film thickness per coat
h) Compatibility with other coatings
i) Suitability for the intended service j) 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 Po
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0) Stability of colors
p) Volatile Organic Compounds (VOC’s) unthinned. gramsfliter
q) VOC’s thinned, gramsfliter
r) National Sanitation Foundation certification for product and color tinting
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Part II-Products
2.1 Products
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A. Products: Coatings for this project shall be as prescribed in AWWA Specification D102. All
materials shall be delivered to the job site in their original, unopened containers bearing the
manufacturer’s name, brand, and batch number. All interior reservoir surfaces in contact with
potable water shall be mated with an epoxy system tested and certified by the National Sanitation
Foundation (NSF) in accordance with NSF Standard 61 for potable water contact.
B. Interior Coating: Coating System for Steel Tanks. The following materials shall be applied to
steel tank reservoir interior surfaces including but not limited to the walls, floor plate, ceiling,
girders, rafters, beams, columns, interior piping, interior ladders, accessholes, flanged outlets,
and all additional interior surfaces. Specified below are also the number and thickness of coats to
be applied and the total system thickness. These requirements are considered to be the minimum
acceptable. The Contractor shall apply additional coats as necessary to achieve the specified
minimum dry film thickness.
1. Base Coat:
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After proper surface preparation, interior surfaces shall receive a coat of
Tnemec Series 20 epoxy or approved equal, to a dq film thickness of approximately three to
five (3.0 to 5.0) mils. The color of this first coat shall be white (Tnemec 20-WHO2).
2. Intermediate Coat: After observing proper surface condition, apply one (1) coat of Tnemec
Series 20 epoxy or approved equal, to a dry film thickness of approximately four to six (4.0
to 6.0)) mils. The color of this second coat shall be beige (Tnemec 20-1255; yB38).
Finish Coat: After observing proper recoat cycle and surface condition, apply one (1) coat
of Tnemec Series 20 epoxy or approved equal, to a dry film thickness of approximately four
to six (4.0 to 6.0) mils. The color of this finish coat shall be white flnemec 20-WHO2).
4. Total System: The total coating system for these surfaces shall achieve a minimum dry film
thickness of eleven to seventeen (11.0 to 17.0) mils.
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5. Minimum: All dry film thickness and number of coats are the minimum required. The
Contractor shall apply additional coats as necessary to achieve the specified minimum dn. I film thickness.
C. Exterior Painting of Elm Reservoir
1. Finish Coat: After proper surface preparation, exterior surfaces shall receive a spot prime
Using Tnemec Series 30 SPR4-SAF or approved equal, to a minimum dry film thickness of
two to four (2.0 to 4.0) mils and a finish coat of Tnemec Series 30 SPRA-SAF at a minimum
dry film thickness of two to four (2.0 to 4.0) mils or approved equal.. Not including the
existing primer, the total coating system for these surfaces shall achieve a minimum dry film
thickness of four to eight (4.0 to 8.0) mils. The color of this finish coat shall be Buffalo 1 (Tnemec #AH22). 1.
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D. Exterior Painting of "E" Reservoir
1. Base Coat: After proper surface preparation, exterior surfaces shall receive a coat of
Tnemec Series 90-97 Tneme-Zinc or approved equal, to a minimum dry film thickness of
two and one-half to three and one-half(2.5 to 3.5) mils.
Intermediate Coat: After observing proper surface condition, apply one (1) coat of Tnemec
Series 69 Epoxoline or approved equal, to a dry film thickness of three to fwe (3.0 to 5.0)
mils. The color of this second coat shall be beige (Tnemec 20-1255; YB38).
3. Finish Coat: After observing proper recoat cycle and surface condition, apply one (1) coat
of Tnemec Series 30 SPRA-SAF or approved equal, to a dry film thickness of two to four
(2.0 to 4.0) mils. The color of this finish coat shall be Buffalo (Tnemec #AH22).
4. Total System: The total coating qstem for these surfaces shall achieve a minimum dry film
thickness of seven and one-halfto twelve and one-half (7.5 to 12.5) mils.
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E. Joint Sealant
1. Joint Sealant: The joint sealant to be used between the tanks and the foundation on the
exteriors shall be a flexible polyurethane or polysulfide product. 1 F. Vent and Metal Repair
1. The vent shall be replaced on the Elm Reservoir. Exhibit 4 shows the dimensions for the
new vent. This vent shall be made from A36 steel and coated with a primer, intermehate
coat, and finish coat as specified for the "E Reservoir. The Contractor shall include this in
his bid price.
2. The roof ladder access way on the Elm Reservoir has a damaged steel plate. The dimensions
of this plate is 2'6 wide x 11'1V high x 16 gauge thickness. The Contractor shall replace
this steel plate which is welded in a 1" angle iron frame. The Contractor shall include this 1 in his bid price.
Part III-Execution
3.1 Transportation and Disposal of Debris
A. Written confrmation that the debris will be treated and disposed of in accordance with the
requirements of 40 CFR 264 and 40 CFR 268 shall be received by the District prior to start of
work. Signed manifests shall be returned to the District to venfy that all steps of the handling
and disposal process have been completed properly and shall include the necessary notifications
and certifications on shipments, provide the name of the disposal facility, and include a schedule
for the submittal of the completed manifests to the District.
3.2 Sequenceof Work
A. The Contractor shall begin removal of the existing coating on the tank ceiling and walls, except
for the first eight foot (8') high section. This work shall include the underside of the roof plate,
knuckle (on Elm Reservoir), rafters, and girders. The Contractor shall use recyclable abrasive. 1 I.
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Upon completion of the entire ceiling and walls, except the first eight foot (8') high section, the
Contractor shall begin work on the floor and the first 8-foot high section.
3.3 Surface Preparation
A. Surface Preparation Standards: Surface preparation will be based upon comparison with
"Pictorial Surface Preparation Standards for Painting Steel Surfaces," SSPC-Vis 1, ASTM
Designation D2200, NACE Standard TM-01-70, and as demied below. Anchor profile for
prepared surfaces shall be measured by using a nondestructive instrument such as a Keane-Tator
Surface Profile Comparator or Testex Press-0-Film System. Temperature and dew point
restrictions described in these specifications shall apply to all surface preparation operations.
B. Surface Preparation Methods: The latest revision of the following surface preparation
specifkations of the Steel Structures Painting Council shall form a part of this specification
(Note: An element of surface area is defined as any given square inch of surface.)
1) Solvent Cleaning (SSPC-SP1): Removal of oil, grease, soil, and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning, or similar materials and
methods which involve a solvent or cleaning action.
2) Hand Tool Cleaning (SSPC-SP2): Removal of loose rust, loose mill scale, and other
detrimental foreign matter present to degree specified by hand chipping, scraping, sanding,
and wire brushing.
3) Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mill scale, and other
detrimental foreign matter present to degree specified by power wire brushing, power impact
tools or power sanders.
4) Commercial Blast Cleaning (SSPC-SP6): Blast cleaning until at least two thirds of each
element of surface area is free of all visible residue.
5) Brush-off Blast Cleaning (SSPC-SP7): Blast cleaning to remove loose rust, loose mill
scale, and other detrimental foreign matter present to degree specified.
6) Near-White Blast Cleaning (SSPC-SP10): Blast cleaning to nearly white metal cleanliness
until at least 95 percent of each element of surface area is free of all visible residues.
7) Power Tool Cleaning to Bare Metal (SSPC-SP11): Power tool cleaning to produce a bare
metal surface and to retain or produce a surface profile of at least 1 .O mil.
8) Brush-off Water Jet Blast (SSPC-SP12): Low pressure water jet blast at a maximum
pressure of 2,000 psi to remove loose rust, loose paint, and other detrimental foreign matter
present.
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C. Surface Imperfections: Slag and weld metal accumulation and spatters not previously removed
by the fabricator, erector, or installer shall be removed by chipping and grinding. All sharp
edges shall be peened, ground, or otherwise blunted as required by the Engineer.
D. Protection of Existing Facilities: All existing screening and vents shall be protected by the
Contractor. All screening or vents which are disturbed during blasting and painting activities
shall be replaced by the Contractor at no addition& cost to the District.
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E. Cleaning Methods-Interior: All interior surfaces of tanks shall receive a "Near-White Blast
Cleaning (SSPC-IO)" in accordance with these specifications. Field blast cleaning for all interior
surfaces shall be by dry method unless otherwise directed.
F. Cleaning Method-Exterior of Elm Reservoir:
1. Step One: The exterior surface shall receive a "Brush-off Water Jet Blast (SSPC-SPl2)" in
accordance with these specifications.
2. Step Two: All rusted and damaged areas found after initial water jet blast cleaning shall
receive "Power Tool Cleaning (SSPC-SP3)" in accordance with these specifications.
3. Step Three: Feather all edges.
4. Step Four: Clean a void beneath the tank for subsequent filling with the specified joint
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C. Cleaning Method-Exterior of "En Reservoir: The exterior surface of "E" tank shall receive a
"Commercial Blast Cleaning (SSPC-SP6)" in accordance with these specifications. Field blast
cleaning for this exterior surface shall be by dry method unless otherwise directed. Base coat
shall be applied on cleaned surfaces within four (4) hours after blasting on the same day or the
blast cleaning shall be repeated.
D. Blast Nozzles: Abrasive blasting nozzles shall be quipped with "deadman" emergency shut-off
nozzles. Blast nozzle pressure shall be a minimum of 95 psi and shall be verified by using an
approved nozzle pressure gauge at each start-up period or as directed by the Engineer. A
sufficient number of nozzles must be used during all blast cleaning operations to insure timely
completion of project.
E. Dust Emissions: No visible dust emissions are allowed during cleaning.and coating operations.
Contractor shall provide and maintain such filters and other equipment necessary to eliminate
visible dust emissions. Method of containing dust emissions shall be approved by the Engineer.
F. Abrasive: Abrasive used in blast cleaning operations shall be new, washed, graded, and free of
contaminants which would interfere with adhesion of coatings and shall not be reused unless
specifically approved by the Engineer. Silica sand is expressly prohibited. Abrasive shall be
certified for unconfined dry blasting pursuant to the California Administrative Code,
Section 92520 of Subchapter 6, Title 17, and shall appear on the current listing of approved
abrasives. Invoices or load sheets confirming above shall be required.
G. Abrasive Particle Size: Particle size of abrasives used in blast cleaning shall be that which will
produce a 20 mil (.002") surface profile or, if greater, in accordance with recommendations of
the manufacturer of the specified coating system to be applied, subject to approval by the
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H. Blasting System: The Contractor shall use a recycling steel grit blasting system (Sabre or
approved equal), which will minimize waste disposal. The recycling grit blast system shall have
a precoolerhftercooler incorporated in the main airline and the recycling system shall have all
explosion-proof motors. The Contractor shall and his supervision shall document at least two (2)
years with the recycling system
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1 a I. Scaffolds: Blast cleaning from rolling scaffolds shall only be performed within the confines of
the interior perimeter of scaffold. Reaching beyond limits of perimeter will be allowed only if the
blast nozzle is maintained in a position which will produce a profile acceptable to the Engineer.
J. Work Area: The Contractor shall keep the work area in a clean condition and shall not permit
blasting materials to accumulate as to constitute a nuisance or hazard to the prosecution of the
work or the operation of the existing facilities.
K. Disposal of Abrasive: Spent abrasives and other debris shall be removed when directed by the
Engineer, and shall be disposed of at a legal off-site location. If waste is determined to be
hazardous, disposal by Contractor shall meet the requirements of all regulatory agencies for
handling such wastes. The area around the tank shall be left in a neat and clean condition as
determined by the Engineer.
L. Air and Brush Cleaning:
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Blast cleaned surfaces shall be cleaned prior to application of
specified coatings via a combination of blowing with clean dry air, brushinghrooming and/or
vacuuming as directed by the Engineer. Air hose for blowing shall be at least 1/2" in diameter
and shall be equipped with a shut-off device.
M. Weld Neutralizing: When required by the Engineer, all welds shall be neutralized using a
compound compatible with the coating system used by the Contractor.
N. Sealing of Pipe Openings: During blast cleaning operations, all pipe openings shall be sealed,
to the satisfaction of the Engineer, to prevent entry of abrasive or other foreign material.
0. Solvent Cleaning: Dust, dirt, oil, grease or any foreign matter which will adversely affect the
adhesion or durability of the finish shall be removed by washing with clean rags dipped in a
cleaning solvent approved by the Engineer and wiped dq with clean rags in conformance to
SSPC-SPl, as defined in these specifications.
P. Inspection: Coating materials applied prior to Inspector's approval of the surface preparations
shall be removed and reapplied to the complete satisfaction of the Inspector at the expense of the
Contractor.
Q. Hose Connections: All blast hose connections shall be tethered and secured to prevent
separation during blast cleaning operations, and shall be taped with duct tape prior to
pressurizing. All taped cohections shall be visually inspected for leaks within five (5) minutes
after start of blast cleaning operations and at the end of blast cleaning operations. Leaking
connections shall be immediately repaired to prevent further damage.
R Protection of Existing Coatings: During blast cleaning operations, caution shall be exercised to
ensure existing coatings and paints are not exposed to abrasion from blast cleaning.
S. Valves: The interior surfaces of the inlet and outlet nozzles permanently attached to the tank
shall be cleaned of all old coating and rust by blast cleaning or other approved methods.
Precautions shall be taken to prevent any damage to the existing valves. All exposed surfaces of
the valves shall be masked or othemise protected prior to blast cleaning the nozzles. 1
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3.4 Tank Interior Dehumidification
A. Scope: The interior of the tank shall be dehumidified continuously, 24 hours per day, 7 days a
week, beginning a minimum Of 24 hours prior to the start of cleaning and coating operations, and
continuing through the end of the final curing period.
The purpose of dehumidifjing the interior of the tank prior to and during the cleaning and
coating operations and during the final cure period is to nullify the adverse effects of cold andor
wet atmospheric conditions. Additionally, the dehumidification equipment will provide the
necessary ventilation for the removal of solvent vapors during the coating and final cure period.
Dehumidification equipment must be approved by the Engineer.
Dust collectors andor separators using HEPA PM-IO filters are required. The Contractor shall,
at all times, maintain the concentration of solvent vapors in all parts of the tank below the lower
explosive limit.
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1 B. General:
(1) The Contractor shall maintain the dehumidification system at all times, including the final
cure period, and shall remove the ventilation and dehumidification system upon completion
of the final cure period.
(2) The Contractor shall make modifications to the dehumidification system as directed by the
Engineer to insure a safe working environment, the complete removal of all solvent vapors,
and maintenance of the proper relative humidity at the steel surface.
(3) Ducting shall be airtight and reinforced as necessary to prevent collapse. All bends in
ducting shall have a minimum radius of twice the diameter of the ducting.
(4) The circulation fans may be moved as necessary, but shall be placed in dead air space areas
and directed toward the side access manhole at all times.
(5) The Contractor shall seal all tank openings to prevent the entry of moist air detrimental to
the blasting, coating, or curing of the tank. An approved air lock entry shall be provided for
ingress to and egress from the tank.
(6) The area adjacent to the surface that is to be blasted and coated shall not be exposed to a
relative humidity over thirty-five percent (35%) at anytime during blasting, cleaning, and
coating operations.
C. Equipment:
(1) The dehumidification equipment shall be of a solid desiccant (not liquid, granular or loose
lithium chloride) design having a single rotary desiccant bed capable of continuous fully
automatic operation, and shall be equipped with a drip-proof automatic electrical controller.
(2) Dehumidification equipment must be capable of making two (2) complete air changes within
the tank every sixty (60) minutes.
(3) The processed air from the dehumidification unit must maintain a relative humidity of
eleven percent (1 1%) or less.
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(4) During the coating and cure phase, dehumidification units must have auxiliary heaters '
capable of continuously maintaining interior surface temperatures in accordance ~ith the
coating manufacturer's instructions.
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-5) Air heaters are not acceptable as substitutes for dehumidification units.
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(6) Air chillers, heaters, or air conditioners may be used downstream of the dehumidifiers if they
are approved for use by the manufacturer of the dehumidification equipment.
D. Final Cure: Tank interior surface temperatures and curing time shall be in accordance with the
coating mandacturers' instructions, and as approved by the Engineer but in no case shall the
final cure period be less than a time element equivalent to 7 days (168 hours) at a surface
temperature of 55 degrees F. and at a relative humidity of 50%. Ventilation and
dehumidification of the tank interior, as described herein, are required throughout the final cure
period.
1. Completion of the final cure shall be verified by the Engineer using a solvent wipe test. The
solvent wipe test shall consist of rubbing a solvent-saturated rag on the area to be tested for
30 seconds. If any coating material is removed or the surface being tested becomes tacky,
the coating shall be considered not fully cured and dehumidification shall be continued until
the coating is Nly cured to the satisfaction of the Engineer.
2. Mer completion of curing cycle as noted above, the Contractor shall test the applied coating
via an "acetone" or "hardness test'' to verify, to the Engineer, adequate curing has been
attained. "Acetone" or "hardness test" requirements shall be as required by the
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3. If final cure has not been attained, based on above tests, dehumidification shall be continued
until applied coating passes the acetone or "hardness test".
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3.5 Application of Coatings -General
A. Requirements: Coating application shall conform to the requirements of the Steel Structures
Painting Council Paint Application Specification SSPC-PAl, latest revision, for Shop, Field and
Maintenance Painting, the manufacturers' printed literature, and as specified herein.
B. Thinning: Thinning shall only be permitted as recommended by the manufacturer and approved
by the Engineer, and shall not exceed limits set by applicable regulatory agencies. If Contractor
applies any materials which have been modified or thinned to such a degree as to cause them to
exceed established VOC levels, Contractor shall be responsible for any fines, costs, remedies, or
legal action and costs that may result.
C. Workmanship: Each application of coating shall be applied evenly, free of brush marks, sags,
runs, and evidence of poor workmanship. Care should be exercised to avoid lapping on
appurtenances. Coating shall be sharply cut to lines. Finished surfaces shall be free from defects
or blemishes.
D. Protective Coverings: Protective coverings or drop cloths shall be used to protect floors,
fixtures, equipment, prepared surfaces, and applied coatings or paints. Personnel entering tank
or walking on exterior roof of tank shall take precautions to prevent damage to or contamination Bo
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of coated or painted surfaces. Care shall be exercised to prevent coating from being spattered
onto surfaces which are not to be coated. Surfaces from which such material cannot be removed
satisfactorily shall be repainted or recoated as required to produce a finish satisfactory to the
Engineer.
E. Irregular Surfaces: All welds and irregular surfaces, as determined by the Engineer, shall
receive a brush or hand mitt coat of the specified product prior to application of each complete
coat. Coating shall be brushed or mitted in multiple directions, as directed by the Engineer, to
insure proper penetration and coverage. These areas include, but are not limited to, welds, roof
lap seams, nuts and bolts, rafter ends, tops and flanges, exposed areas of surface-to-dace
interfaces, and all other areas which would not be properly coated by spray application. Care
shall be exercised to ensure dry film thickness of coatings and paints does not exceed the
maximum thickness allowed by the manufacturer of the specific product being applied.
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F. Conclusion of Daily Work: At the conclusion of each day's blast cleaning and coating
operations, a 6" wide strip of blast cleaned substrate shall remain uncoated to facilitate locating
point of origin for successive day's blast cleaning and coating operations. Excepting this 6" wide
strip, all blast cleaned substrate shall be coated in a daily blasting and coating cycle.
G. Preclusive Conditions: No coating shall be applied under the following conditions:
1) When the surrounding air temperature or the temperature of the surface to be coated is below
55 degrees F. for epoxy coatings, below 45 degrees F. for coal tar coatings. or above 125 I degrees F.;
2) When surfaces are wet or damp, or in rain, snow, fog or mist;
3) When the surface temperature is less than 5 degrees F. above the dew point;
4) When it is expected the air or surface temperature will drop below 55 degrees F. for epoxy
coating, below 45 degrees F. for epoxy low temperature cure coatings, or 40 degrees F. for
alkyd paints, or less than 5 degrees F. above the dew point within two (2) hours after
application of coating. Dew point shall be measured by use of an instrument such as a Sling
Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau
Psychometric Tables or equivalent. Equipment must run continuously during all phases of
coating, except disinfection phase.
If any of the aforementioned preclusive conditions are evident, coating application shall be
delayed or postponed until conditions are favorable. The day's coating application shall be
completed in time to permit the film sufficient drying time prior to damage by atmospheric
conditions.
H. Multi-component materials exposed to excessive sunlight or an excessive time element beyond
manufacturer's recommended recoat cycle, shall be scarified by Brush-off Blast Cleaning (SSPC
SP-7) or methods approved by Engineer, prior to application of additional coating. Scarified
coating shall have sufficient depth to assure a mechanical bond of subsequent coat.
All attachments, accessories, and appurtenances shall be prepared and finished in the same
manner as specified for adjoining tank sections, except as specifically designated by the
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3.6 Lead Removal
A. Existing Coatings: The existing exterior coating of the "E tank is known to contain red lead
primer encapsulated within the coating. The District had the primer tested and found the level to
be xx u@. The Red lead primer is a hazardous material. and for the purposes of this project, all
coatings removed from the exterior of the tank shall be considered hazardous waste and shall be
remaved and disposed of as such under the provisions of these specifications.
B. General Requirement: The Carlsbad Municipal Water District is considered a small quantity
generator, generating less than 2,200 pounds of hazardous waste per month. The Contractor is
required to use a method of coating removal that minimizes the generation of hazardous waste
and does not exceed the maximum allowable under 40 CFR 262. The Contractor shall comply
with all provisions of 40 CFR 262 pertaining to small quantity generators.
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C. Special Requirements:
(1) Ambient Air Quality - Visible Emissions: Visible emissions shall be used as a criteria for
project shutdown until corrections to the containment are made. Visible emissions shall be
determined in accordance with 40 CFX 60, Appendix A, Method 22. No visible emissions
will be allowed.
(2) Ambient Air Quality - Personal Monitoring: Personal monitors shall be installed inside
and outside of the containment. The results obtained from the outside monitoring shall be
no more than 1 .O% of the results obtained from the inside monitoring. I
(3) Worker Protection: OSHA requirements for worker protection shall be followed in
accordance with 29 CFR 1926 as outlined in OSHA Booklet 3126. Furnish all workers with
appropriate respirators approved by the NIOSH, Department of Health and Human Services,
for use in atmospheres containing lead dust. Respirators shall comply with the requirements
of 29 CFR 1910.1025, and shall be equipped with High Efficiency Particulate Air (HEPA)
filters. All filters shall be rated PM- IO.
D. Worker Protection Program: The Contractor shall submit the following worker protection
program for approval prior to starting work:
(1) Exposure Monitoring: A written program for determining the level of airborne lead within
and around the lead paint removal area. Monitoring shall be performed in accordance with
NOSH Method 7082 using personal pumps on representative workers.
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(2) Compliance Program: A written compliance program to describe the engineering,
administrative, housekeeping, and protective equipment controls that will be utilized to
reduce the exposure of the employees to a level less than the permissible exposure limit (50
ug/m).
(3) Respiratory Protection Program: A respiratov protection program as required by 29 CFR
1910.1025 and 29 CFX 1910.134.
(4) Personal Hygiene: A description of the personal hygiene facilities and practices to be used
and protective clothing controls.
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I (5) Medical Surveillance Program: A medical surveillance program including the mechanism
for submitting prejob and postjob blood lead level results, and a statement that employees
will be removed from the work site if blood lead levels exceed the thresholds established in
29 CFR 1910.1025.
(6) Employee Training: A copy of the employee training program in accordance with the
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(7) Employee Access to Records: A statement that the employee has been informed of the
hazards on the project and of his or her right of access to exposure and medical records as
required by 29 CFR 1910.1020. 8
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(8) Hazard Communication: A copy of the hazard communication program as required by 29 I CFR 1910.1200.
(9) Signs: A statement confirming that signs with the following legend will be posted in and
around the work area:
WARNING
LEAD WORK AREA
FROM THIS POINT ON
NO SMOKING OR EATING
F. Testing of Debris: The debris shall be tested by TCLP to determine if it is hazardous in I accordance with Appendix I1 of 40 CFR 261. The Contractor shall provide this testing.
G. Site and Storage Handling: The Contractor shall pay strict attention to the requirements of 40
CFR 262 and 40 CFR 265 for the on-site handling of debris, with special attention given to the
time of storage, amount of material stored at any one time, use of proper containers, and
personnel training. Any evidence of improper storage shall be cause for immediate shutdown of
the project until corrective action is taken.
H. Transportation and Disposal of Debris: The Contractor shall arrange to have the debris
transported from the site in accordance with the requirements of 40 CFR 263, and disposed of
properly in accordance with the requirements of 40 CFR 264. Signed manifests shall be returned
to the owner to venfy that all steps of the handling and disposal process have been completed
properly.
I. Confirmation: Written confirmation that the debris will be treated and disposed of in
accordance with the requirements of 40 CFR 264 and 40 CFR 268 shall be received by the
District prior to start of work. The programs shall provide assurance that the debris is handled
properly from cradle to grave and shall include the necessaq notifications and certifications on
shipments, provide the name of the disposal facility, and include a schedule for the submittal of
the completed manifests to the District.
J. Disposal: Disposal of red lead paint materials shall be by incineration. All movement of the red
lead paint materials from the site to the final disposition shall be documented with Hazardous
Waste Manifests. Certificates of Destruction shall be provided to the District upon incineration
of the red lead paint material. a
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(1) Method: Removal of red lead paint shall be accomplished by a method that does not expose
the workmen to lead nor allow lead to be released into the environment. The method shall be
either of the following: 3
(a) Vacuum Blasting: Blast cleaning using compressed air to propel abrasives toward a surface.
A special vacuum assembly equipped with a brush or rubber sleeve suffounds the blast
nozzle sealing it to the surface. The seal must be maintained between the assembly and the
surface to create a completely closed blasting cycle. The abrasive is recirculated
automatically, cleaned of debris, and returned for reuse. Cast steel, malleable iron, chilled
cast iron, and aluminum oxide abrasives are typically used. HEPA filtered vacuuming
equipment with a filter system capable of collecting and retaining lead-contaminated paint
dust shall be used. A high efficiency particulate filter means 99.97 percent efficient against
0.3 micron size particles.
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(b) Chemical Stripping: Chemical stripping of the existing layers of the primer@) and paint@)
using Nu-Tec Paint Buster, Formula #4 or an approved equal. The chemical stripper must
be used in accordance with the manufacturers' instructions and all waste shall be disposed of
as hazardous waste in accordance with these Specifications.
(c) CERCLA Release: The Contractor is advised that the discharge of one or more pounds of
lead (4 mils or less in diameter) into the atmosphere, water or soil within a twenty-four (24)
hour period is considered a reportable release in accordance with 40 CFR 300 and 40 CFR
302.
(d) Limits of Exterior Painting Removal: Prior to the installation, removal, or modification of
the tank appurtenances, Contractor shall remove the existing exterior coatings as herein
specified a minimum distance of 12'' from any and all locations of such addition, removal or
modif cation.
3.7 Cleanup
A. Upon completion of the work, all equipment and materials used in coating the steel water tank
shall be removed from the site, and the entire job site shall be cleaned. Non-reusable containers
and materials shall be disposed of at a legal off-site location. Coating spots on surfaces not
intended for coating shall be removed, and damaged surfaces shall be cleaned, repaired, refinished
or replaced to the satisfaction of the Engineer at no cost to the District.
3.7 Omissions
A. Care has been taken to herein describe coating procedures and delineate surfaces to be coated. If
coating requirements have been inadvertently omitted from this or any other section of the
specifications, however, it is intended that all metal surfaces, unless specifically excepted herein,
shall receive- a suitable, first-class coating satisfactory to the Engineer. I 3.8 Disinfection
A. Prior to disinfecting, the Contractor shall clean the interior surfaces of the tank with an approved
cleaner or detergent applied via high pressure hot solution method. If deemed necessary by
Engineer, immersed areas shall be scrubbed with a brush or similar implement which will apply
force and pressure to the surface to completely remove residual solvents and other surface
contaminants.
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B. Prior to acceptance of the coating and putting the tanks into service, the Contractor shall
disinfect the tanks in accordance with AWWA Standard C652. The Contractor shall wash the
inside of the tank with a chlorine solution containing two hundred (200) parts per million @pm),
utilizing gaseous chlorine or hypochlorites. The tanks shall be washed clean of all sand and dust,
and the wash water will be flushed from the tank. The Contractor shall then fill the tank to a
depth of three feet (3’) containing a chlorine residual of f@ (50) ppm.
C. After curing, the tank shall be disinfected, filled, then allowed to soak for at least seven days
before a sample of water is collected and tested for volatile organic compounds (VOC’s). The
samples shall be analyzed only by a laboratoy certified to conduct volatile organic compounds
analysis by the State Department of Health Senices (DOHS).
D. The Contractor shall test the reservoir for chlorine residual, bacteriological, VOC,s, and
leechable quality at no additional expense to the District. The Contractor shall provide a copy of
all test results to the Engineer for approval.
E. Failure Procedures: If levels of leached organic exceed those acceptable to the DOHS, the tank
shall be drained, flushed, refilled, and retested at the District’s expense. Failure of the tank to
attain levels acceptable to the DOHS shall be the responsibility of the District and remedial
measures to attain such levels shall be at the District’s expense.
F. Guarantee: When the work has been completed to the satisfaction of the Engineer, that fact
shall constitute the final acceptance by the District for the completed works herein specified and
is subject to the Contractor guaranteeing the completed work against any repairs, damage caused
by defective workmanship or materials furnished. The Contractor shall provide a two (2) year
maintenance bond in the amount of fifty percent (50%) of the contract price for this guarantee
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I LOCATION MAP
I Project Name: Project
N 0.
97-109
Dl, 02, E, AND ELM RESERVOIRS i. COATING REHABILITATION
Exhit
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I Project Name: Project Exhit
N 0.
97-109
Dl, 02, E, AND ELM RESERVOIRS I. COATING R EH AB I LI TA TI ON Nc
2
I LOCATION MAP
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1 Project Name: Project Exhit
No. No Dl, 02, E, AND ELM RESERVOIRS
97-1 09 3 ' COATING REHABILITATION
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3RN 29. 1999 4ZOt
OFFICIAL FECUKDS W DIEGO @/JNl'Y HEC0RDElf:'S OFFICE GREGaKY J, SEffTH3 COUNTY ECORDEK E$: om
-.I 11) 10436 7 RECORDED REQUESTED BY 9
CITY OF CARLSBAD
AND WHEN RECORDED,
PLEASE MAIL TO 7% Secretary $j 1" Cp Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, California 92008
i\iOTiCE 6F c-Jr"]pLETia;G
Notice is hereby given that:
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7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
ihz kiii name of the ~ndersigned is Ca:!st;ad Munici=a! ?*?latpr Qistrict, a municipal corporation.
The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on November 30, 1998.
The name of the contractor, if any, for such work or improvement is Professional Restoration Services.
The property on which said work or improvement was completed is in the City of Carlsbad, County of :
State of California, and is described as follows: Dl, D2, E, and Elm Reservoirs Interior Coating a
Elm Reservoirs Exterior Painting, CMWD Project No. 97-109, Contract No.'s 35351 and 35291
The street address of said property is within the limits of the City of Carlsbad. 8.
CARLSBAD MUNICIPAL WATER DlSl
nistrist Er.gir,ser
VERIFICATION OF SECRETARY
I, the undersigned, say:
I am the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El Cam
Carlsbad, California, 92008; the Board of Directors of said District on
accepted the above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 28
January 26
, 192, at Carlsbad, California.
CAHLSBAD MUNICIPAL WATER DlST
CMWD 97-109
ALETHA L. RAU-ENKRANZ
Secretary
06/1 L