HomeMy WebLinkAboutRobison-Prezioso Inc; 2004-12-23; PWS05-05ENGDGCtf 2006-0059343
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JAN 26, 2006 1:06 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY..! SMITH, COUNTY RECORDER
FEES: 000
PAGES: 1
Space above this line for Recorder's Use
PARCEL NO: 1682800500
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property
hereinafter described.
2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a
municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on
September 13, 2005.
6. The name of the contractor for such work of improvement is Robison-Prezioso, Inc.
7. The property on which the work of improvement was completed is in the City of
Carlsbad, County of San Diego, State of California, and is described as the T.A.P.
Reservoir Painting, Project No. 3853-1.
CITYjQF CARLSB/
PRU'llvf
Public Works Director
VERIFICATION OF SECRETARY
I, the undersigned, say:
I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village
Drive, Carlsbad, California, 92008. The Board of Directors of said District on
2006, 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^a.******^ g-<«, . 2006, at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD MUNICIPAL WATER DISTRICT
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor, Robison-Prezioso, Inc. has constructed the improvements required for Project
No. 3853-1, T.A.P. Reservoir Painting, and has requested that the Carlsbad Municipal Water
District (CMWD) accept the public improvements. CMWD forces have inspected the public
improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Reservoir Painting $67,700
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
L^u^t
Glenn Pruim, Deputy Public Works Director Date
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby
accepted. The Secretary is hereby authorized to record the Notice of Completion and release
the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described
improvements.
RAYMOND R. PATCHETT, City Manager Date
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98
CARLSBAD MUNICIPAL
WATER DISTRICT
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL
PROVISIONS
FOR
T.A.P. RESERVOIR
PA1 NTI N G
PWSO5-05 EN G CONTRACT NO. 3853-1
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008
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.. TABLE OF CONTENTS
Pane - Item
Notice Inviting Bids ...................................................................................................................... 6. ..
Contractor's Proposal ................................................................................................................ 10
Equipment Material Source Information .................................................................................... 14
Bid Security Form ...................................................................................................................... 1.5
Bidder's Bond To Accompany Proposal ...................................................................................... 6
Guide For Completing The "Designation Of Subcontractors" Form ............................................ 38
Designation Of Subcontractors & Amount Of Subcontractor's Bid ............................................ 20
Bidder's Statement Of Financial Responsibility ......................................................................... 2.1
Bidder's Statement Of Technical Ability And Experience ........................................................... 22
Bidder's Certificate Of Insurance For General Liability. Employers' Liability Automotive
Liability And Workers' Compensation ........................................................................................ 23
Bidder's Statement Of Re-Debarment ....................................................................................... 24
Bidder's Disclosure Of Discipline Record .................................................................................. 25
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Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ............................. 27
Contract Public Works .............................................................................................................. 28
Labor And Materials Bond ........................................................................................................ 3.
Faithful PerformanceNVarranty Bond ....................................................................................... 36
Escrow Agreement For Surety Deposits 'In Lieu Of Retention (Optional) ................................... 38
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SUPPLEMENTAL PROVISIONS .
.
.
Part 1
Section 1
1-1 1-2
1-3
Section 2
2-3 2-4
2-5
2-9
2-1 0
Section 3
3-3
3-4
3-5
Section 4
4-1 4-2
Section 5
5-1
5-4
5-6
Section 6
6-1
6-2
6-6
6-7
6-8 6-9
Section 7
7-3
7-4 7-5 7-7
7-8
7-1 0
7-1 3
Section 8
8-6
8-2
Section 9
9-1
9-3
General Provisions
Terms Definitions. Abbreviations And Symbols
Terms ..................................................................................................................
Definitions ......................................................................................................... AI
Ab brevia tions .................................................................................................... 42
Scope And Control Of The Work
Subcontracts ..................................................................................................... 43
Contract ............................................................................................................. A3
Plans And Specifications ................................................................................... A4
S u we yi ng ......................................................................................................... nla
Authority Of Board And Engineer ........................................................................ 5
Changes In Work
Extra Work ........................................................................................................ A6
Disputed Work .................................................................................................. 4.7
Changed Conditions .......................................................................................... 47
Control Of Materials
Materials And Workmanship .............................................................................. 50
Materials Transportation. Handling And Storage ............................................... 51
Utilities ............................................................................................................... 51
Location ............................................................................................................. 51
Relocation ......................................................................................................... 5.2
Cooperation ...................................................................................................... n/a
Prosecution. Progress And Acceptance Of The Work ........................................ 52
Construction Schedule And Commencement Of Work ....................................... 52
Prosecution Of Work ......................................................................................... 52
Delays And Extensions Of Time ........................................................................ 52
Time of Completion ............................................................................................ 53
Completion And Acceptance ............................................................................. 53
Liquidated Damages .......................................................................................... 53
Responsibilities Of The Contractor .................................................................... 53
Liability Insurance .............................................................................................. 53
Workers’ Compensation Insurance .................................................................... 54
Cooperation and Collateral Work ...................................................................... n/a
Project Site Maintenance ................................................................................... 54
Permits ............................................................................................................... 5cl:
Public Convenience And Safety ........................................................................ 5.4
Laws To Be Observed ....................................................................................... 55
Facilities For Agency Personnel
Field Office Facilities ......................................................................................... nla
Basis Of Payment ............................................................................................. da
Measurement & Payment
Measurement Of Quantities For Unit Price Work ............................................... 55
Payment ............................................................................................................ 55
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Part 2
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
Section No. Title
DIVtSION 1 : GENERAL REQUIREMENTS
01 01 0
09960
Summary of Work
Coating System for Water Storage Tank
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+@Revised: 10/08/03 Contract No. 3853-1 Page 4 of 56Pages
INFORMATION FOR CONTRACTOR
A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST:
PHONE (760) 602-2460
B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS:
MARK BISKUP
ASSOCIATE ENGINEER
PHONE (760) 602-2763
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CARLSBAD MUNICIPAL WATER DISTRICT
NOTICE INVITING BIDS
Sealed bids will be deposited in the Bid Box located in the first floor lobby of the Faraday Center
located at 1635 Faraday Avenue, Carlsbad, California, 92008-7314, until 4:OO P.M. on the 4th day of
October, 2004, at which time they will be opened and read, for performing the work as follows:
Painting Exterior Surface of T.A.P. Reservoir.
CONTRACT NO. 3853-1
T.A.P. Reservoir Painting
The work shall be performed in strict conformity with the specifications as approved by the Board of
Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The
specifications for the work include the Standard Specifications for Public Works Construction 2003
Edition and Surmlements thereto, all hereinafter designated “SSPWC” as issued by the Southern
California Chapter of the American Public Works Association and as amended by the special
provisions sections of this contract. Reference is hereby made to the plans and specifications for full
particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority and women-owned
businesses.
,- The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators
and contractors to utilize recycled and recyclable materials when available, appropriate and
approved by the Engineer.
The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating
in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water or
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
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the District to ensure
performance under this Contract. Section 10263 of the Public Contract Code requires monies or
securities to be deposited with the District or a state or federally chartered bank in California as the
Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$1 00,000 per contract.
The documents which comprise the Bidder‘s proposal and that must be completed and properly
executed, including notarization where indicated are:
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1. Contractor’s Proposal
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Bidder‘s Statement of Financial
6. Bidder’s Statement of Technical Ability and
7. Acknowledgment of Addendum@)
/c- 2. Bidder’s Bond
Responsibility
Experience
8. Certificate of Insurance, the riders covering
the City, its officials, employees and
volunteers may be omitted at the time of
bid submittal but shall be provided by the
Bidder prior to award of this contract
9. Bidder’ s Statement Re Debarment
10. Bidder’s Disclosure Of Discipline Record
11. Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
*Pursuant to California Public Contracts Code section 41 04(a)(2)(A) portions of the information
required on documents numbers four and five, above, may be submitted by the Bidder up to twenty-
four (24) hours after the deadline for submitting bids contained in this “Notice Inviting to Bid”.
All bids will be compared on the basis of the Engineer‘s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$82,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of California law. Where federal funds are involved the contractor shall
be properly licensed at the time the contract is awarded. In all other cases fhe contractor shall state
their license number, expiration date and classification in the proposal, under penalty of perjury. This
invitation to bid does not involve federal funds. The following classifications are acceptable for this
contract: C-33 (Painting and Decorating).
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If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the 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 Cashier’s Counter
on the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California
92008-7314, for a non-refundable fee of $10.00 per set. If plans and specifications are to be
mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to award of the contract neither addition to, modification of
nor interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad=nor may any bidder rely on directions given by
any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any
minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
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%#Revised: 10/08/03 Contract No. 3853-1 Page 7 of 56 Pages
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
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The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The District Engineer is the District's "duly authorized officer" for
the purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site is not scheduled however bidders are advised to
make a site visit to verify quantities and conditions prior to bid submittal. Arrangements for a
site visit may be made by contacting the Project Manager, Mark Biskup at (760) 602-2763.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in 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
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
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The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price will be required for work on this
project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers,
in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars (5,000,000.
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the District until they are released as stated in the
Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance
carrier admitted and authorized to transact the business of insurance in California and whose assets
exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are
to be accompanied by the following 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 who 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 District may require copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing
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%Revised: 10/08/03 Contract No. 3853-1 Page 8 of 56 Pages
with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days
of the insurer's receipt of a request to submit the statements. .r ~
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The
District does accept policies issued by the State Compensation Fund meeting the requirement for
workers' com pensa t i on insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the Board of Director's is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the District may award the contract to the second
or third lowest bidder and the bid security of the lowest bidder may be forfeited.
J*. The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
ISABELLE J. PAULSEN, CMC
Deputy Secretary
DATED: August 30,2004
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%#Revised: 10/08/03 Contract No. 3853-1 Page 9 of 56 Pages
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CAFUSBAD MUNICIPAL WATER DIS@&&,,mNESS
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
CONTRACTOR'S PROPOSAL
Board of Directors Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares hekhe has carefully examined the location of the work, read die Notice Inviting
Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. 3853-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in hH payment therefore the following unit prices for each item complete,
to wit:
BID SCHEDULE
Item No. Descriution
Approximate
Quantity Unit
and Unit - Total
I Tank painting (including all L,S $54.700.00 !Ti 54,700.00
surface preparation, painting and
cleanup)
appurtenances surface preparation
and painting.
2 MisceIlaneous metal LS $ 2,500.00 $ 2,500.00
3 Ladder system removal and LS $10,500.00 $10,500.00
replacement
Total amount of bid (sum of bid items No. 1 ,No. 2 and No. 3) in words: Sixty-Seven Thousand
Seven Hundred Dollars.----------------------- _l______ll______l_l__I--I-
Total amount of bid (sum of items No. 1, No 2 and No 3) in numbers:
$67.700.00
Price(s) given above are firm for 90 days after date of bid opening and do comprise the Contract
Unit Prices for the Work.
Price(s) given above are firm for 90 days after date of bid opening.
Addendurn(a) No(s). 1&2
proposal.
The Undersigned has carefully checked all of the above figures and understands that the District
will not be responsible for any error or omission on the part ofthe Undersigned in preparing this
bid.
has/have been received and is/are included in this
Contact No. 3853-1 Page 10 of 56 Pages
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The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directars of the Carlsbad Municipal Water District of the City of Carlsbad, the District may
administratively authorize award of the contract to the second or third lowest bidder and the bid
security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under
license number 416957 , classification c-33 which expires on
~anuarv1.06 , and that this statement is true and correct and has the legal effect of an affidavit.
A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.15(e).. in all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 10164.
The Undersigned bidder hereby represents as follows:
1. That no Board of Directors member, officer, agent, or employee of the Carisbad Municipal Water
District is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or
employees has inducted hidher to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is Bond (Cash, Certified Check, Bond or 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 every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
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License Detail Page 1 of2
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Contractor License # 41 6957
DISCLAIMER A license status check provides information taken from the CSLB license data base. Before
on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc
complaint disclosure, a link for complaint disclosure will appear below. Click on the lin
button to obtain complaint and/or legal action information.
Per B&P 7071.17, only construction related civil judgments known to the CSLB are di
Arbitrations are not listed unless the contractor fails to comply with the terms of the
arb itrat ion .
Due to workload, there may be relevant information that has not yet been entered ont
Board's license data base.
Extract Date: 10/18/2004
* * * Business Information * * *
ROBISON-PREZIOSO INC
101 14 SHOEMAKER AVE
SANTA FE SPRINGS, CA 90670
Business Phone Number: (562) 906-9002
Entity: Corporation
Issue Date: 01/18/1982 Expire Date: 01/31/2006
* * * License Status * * *
rhis license is current and active. All information below should be reviewed.
* * * Classifications * * *
IClass 1 Description
IC33 /PAINTING AND DECORATING
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 08639716 in the an
$10,000 with the bonding company
F I D ELI TY AN D DE PO S IT-COMP A NY-OF MA RY LA N D .
http://www2.cslb.ca. gov/C SLB-LIBRARY/License+Detail. asp 10/18/2004
License Detail Page 2 of 2
License Number Request Contractor Name Request
10/18/2004
Personnel Name Request
Effective Date: 01/01/2004
Salesperson Request
Contractor's Bonding History
_____~__ Salesperson Name Request
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) PHI
LOUIS GOUTAGNY certified that he/she owns 10 percent or more of the voting stocklequi
corporation. A bond of qualifying individual is not required.
Effective Date: 02/11/1987
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 046-001 1322 Effective Date: 02/01/2002 Expire Date: 02/01/2005
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other lice1
Personnel List Other Licenses
0 2004 State of California Conditions of Use Privacy P.o&
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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
City and State
(Street and Number)
(4) Zip Code Telephone No.
(5) E-Mail Address
IF A PARTNERSHIP, SIGN HERE
(1) Name under which business is conducted
(2) Signature (given and surname and character af partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail Address
IF A CORPORATION, SIGN HERE
(1) Name under which business is conducted Robison-Prezioso, Inc-
h
Vicwesident (Title)
Impress Corporate Seal here
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%#Revised: 10108103 Contract No. 3853-1 Page 12 of 56 Pages
(3) Incorporated under the laws of the State of California
(4) Place of Business 110114 Shoemaker Ave.
(Street and Number)
City and State Santa Fe SDrinPs. CA
(5) Zip Code 90670 Telephone No. --
(6) E-Mail Address jthompson@,robison-prezioso.com
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:
Philippe Goutagny President
James Thompson Vice-president
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David Tracy Secretary
Ken Weingarten Treasurer and Assistant Secretary
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%#Revised: 10/08/03 Contract No. 3853-1 Page 13 of 56 Pages
r"- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of bs &&FJ
personally appeared w 5 Cbd-0-
On6&.!7.21205- before me,
.Sod
Name@) of Signer@)
Oat* J
personally known to me % ved to me on the basis of satisfactory
evidence
to be the person(s) whose name@) idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person(s), or
the entity upon behalf of which the person(@
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevenf
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing: -
Q 1999 National Notary Association 9350 De Solo Ave., P.O. Box 2402 * Chatswolth. CA 91313-2402 ww.nalionalnolary.org Prcd. No. 5907 Reorder. Call Toll-Free 1-800-876.€J327
.
EQUIPMENT/MATERIAL SOURCE INFORMATION
TO ACCOMPANY PROPOSAL
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
The bidder shall indicate opposite each item of equipment or material listed below, the
name of the one supplier and manufacturer of each item or equipment or material proposed
to be furnished under the bid. Awarding of a contract under this bid will not imply approval
by District or the manufacturers listed by the Bidder.
EquipmentlMaterial Manufacturer
1. Paint IC1 Devoe
(Manufacturer)
2.
/-
(Manufacturer)
3.
(Manufacturer)
IC- - %*Revised: 10/08/03 Contract No. 3853-1 Page 14 of 56 Pages
/-
BID SECURITY FORM
(Check to Accompany Bid)
c --
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
The following form shall be used if check accompanies bid.)
proposal is a *Certified *Cashiers check payable to the order of CARLSBAD
this check shail District through
I fail to execute a
proof of insurance
ed to the undersigned. The
of the District if the undersigned shall
after the date set for the opening thereof, ntmct to another bidder
proceeds of this check shall also
withdraw his or her bid within the peri
\ 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
shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount
of the bid )
+m
%#Revised: 10/08/03 Contract No. 3853-1 Page 15 of 56 Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Robison-Prezioso, Inc. , as Principal, and Company of Maryland I
as Surety are held and firmly bound unto the Carlsbad Municipal Water District, Carlsbad. California,
in an amount as follows: (must be at least ten percent (109'0) of the bid amount)
Ten percent (10%) of bid for which payment, well and truly made, we bind ourselves, our
heirs, 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 above-
bounden Principal for:
Fidelity and Deposit
CONTRACT NO. 3853-1
TAP RESERVOIR PAlNllNG
in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into
and execute a Contract including required bonds and insurance policies within twenty (20) days from
the date of award of Contract by the Board of Directors of the Carfsbad Municipal Water District of the City of Carlsbad, baing duly notified of said award, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall
be forfeited to the said District.
.A--
....
....
....
,...
....
... I
....
GRevised: 10/08/03 Contract No. 3853-1 Page 16 of 56 Pages
In the event Principal executed this bond as an individual. it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 15th day Executed by SURETY this 16th dayof
PRINCIPAL: SURETY:
of October I492004 September 1-4.
ROBISON-PREZIOSO. INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(name of Principal) (name of Surety)
801 North Brand Boulevard, Penthouse
Glendale, CA 91203
(address of Surety)
(telephone number of Surety) James Thompson (818) 409-2800 - (print name here)
ac? (lXi/k Vice-president
Robison-Pre-. By: \e
(Title and Orgpnization of Signatory) (signature of Attomey-in-Fact)
Rhonda C. Abel
(printed name of Attomey-in-Fact)
-.- th We-art en (print name here)
(title and organization of signatory)
Assitant Secretary (Attach corporate resolution showing current
Robison-P-n- Tnr - power of attorney.)
(Proper notarial acknowladge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that oVicer io bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.)
APPROVED AS TO FORM: RONALD R. BALL
General Counsel
By: Deputy General dounsel
,--
GRevissd: 10/08/03 Contract No. 3853-1 Page 17 of 56 Pages
.
7- CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
,e-
f-
State of California >
P ss.
personally appeared
known to me
ved to me on the basis of satisfactory
evidence
to be the person(s) whose name(@ idare
I subscribed to the within instrument and
acknowledged to me that he/she/they executed 4
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
i z z 4
OPTIONAL I I
Though the information below is not required by law, it may prove valuable to penons relying on the document and
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual 0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Prod No 5907 Reorder Call Toll-Frae 1-800-876-6827 0 1999 Natlonal Nolaw Association * 9350 De Solo Ave , PO Box 2402 * Chalsworlh. CA 91313-2402 www nallonalnotary org
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Orange
On
personally appeared Rhonda C. Abel
September 16, 2004 before me, Ashley K. Ward, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC
I
personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person@)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
NAME(S) OF SIGNER(S)
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY -
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LIMITED E GENERAL
0 PARTNER(S)
ATORNEY-IN-FACT
TRUSTEE(S) 0 GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S40671GEEF 2/98 Q 1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-718
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary, in
appoint Rhonda C. ABEL, of Irvine, California, its true and law e, execute, seal and
intents and purposes,
its office in Baltim
IN WITNESS ice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, ths 19th day of March,
A.D. 2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
e- L. L. Goucher Assistant secretary Paul C. Rogers Vice President
State of Maryland ss:
On this 19th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore 1
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025C
-_ EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do Mer certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affured.” --
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 16th dayof September , 2004 .
Assistant Secretary
,. r. ZURICH
Y TfaS IMPORTANT DISCILOSURE NOTICE IS.PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Xnsweaa Campany, and American Guarantee and Liability Insurance Company are malcixig the following
informational disclosutes in compliance with The Terrorism Risk hswanoe Act of 2002. No action is req-d on you
part.
Pisclosure of Terroris rn Premium
The premium charge for risk of loss resulting froxll act8 of temrism (as defined in the Act) under this bond is S-waived-. This mount is reflected in the total. premium for this bond.
Pis-doswe of Availabilitv of Caveram far Terrorism Losse s
Am required by the Terrorism Risk Insuranot Act of 2002, we have made available to you coverage for losses resulting from acts of termrim (as defined in the Act) with tams, mount^, and lirX2jtatons that do not differ materially aa those fm lases arising from events other than acts ofterrorism.
Disciosure o.f Federal Share sf Insurance Comuanv's Terroh Losses
The Temdsm Risk Insurance Act of2002 establishes B meohanism by which the United States government will sham in insurance cornpafly losses resulting ftrvm acts of terrorism (as defined in the Act) after a bmm company has paid
~ losses .- in excess of an annual aggregate deductible. For 2002, thc insurance company deductible is 1% of direct earned asnium in the @or yaw; for 2003,7% of dims earned premium in the prior yeat; far 2004,10?A of direct em4
pdum in the prior ytar; and for 2005,15% of direct earned premium in the prior year. The fdd share of an
hsuraxm ccmrpany's losses above its deductiile is 90%. h the event the United States governmeat partiOipates in losses, the United States government may direct insurantx cmhpanies to collect a terrorism surcharge &om polioyholders. The Act does not cmentIy provide for insurance industry or United States government partidpation in tsrrOrism losses that ad S 100 billion in any one calendar year.
Jhfinition of Act of Tern rism
The Tenwrism Risk Inmnancc Aot defines "act of tmrism" as any act that is cer(ificd by the Secrttruy of the Treasu~y~ in OonOuntEflce with &e Secretary of State and the Attorney General of the United States:
1. to bean act oft em^
2. to ba a vialentact man act that ig dangerous to tnrmao. life, property or inhs&ucWc; 3. to have multcd in damage within the Wted States, or outside of the United States in the we of an air der (as defined in section 40102 of title 49, Unitad 17 States Code) or a United States flag vessel (or a vessel based pxincipdly in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United Stcttes &ioq and
4. to have been committed by an hdhidual or individuals acting on behalf of any fordgn person or foreign interest aa part of an effort to coerce the civilian popdadon of the united States or to influence the policy or affect the amdud of the Udtcd States Govcmmcolt by ooercion. But, no ad sbdl be c&ed by the Storc#lry as an aot of tenorism ifthe act is committed as part of the course of a war baclarwl by congtess (except for workers' compensation) or property and casualty insuranoc losses resultiqg tiom the at, in the aggregate, do not exceed %S,MH),OOO.
*-- These disclosures &re informathnal only and do not modify your bond or affect your rights under the bond.
copyright zuricb Amdm Insurance Company 2003
Company Profile Page 1 of2
Company Profile
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60 196- 1056
800-382-2 150
Agent for Service of Process
ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 80 1 TV. BRAND BLVD., 13TH FLOOR
GLENDALE, CA 91203
Unablc to Locate the Agent for Service of J'roccss'?
Re fe ren c e Info r rn a t i o n
ff : 39306
Gsoup #: 02 1 2
rnia Company ID #: 2479-4
Date authorized in California:
Company Type: Property &L Casualty
January 0 1, 1982
nse Status: UNLIMITED-NORMAL
e of Domicile: MARYLAND
" " "
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossq..
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISC I,LLA4NEOUS
http://cdinswww.insurance.c a.gov/pls/~v~l-co-prof/idb-co-prof-~ltl.~et-co-pro~p-EID=... 10/18/2004
Company Profile Page 2 of 2
c-
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
__~ Composite __ Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
-~ Financial Rating Organizatioia
__ - -"_ -
Last Revised - October 0 1,2004 06:24 AM
Copyright 0 California Department of Insurance
Disclaimer
http://cdinswww.insurance. ca.gov/pls/wu~-coqrof/idb_cogrof_utl.get_coqrof?p_EID=. . . 10/18/2004
CL-
--
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental
Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price",
"Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the
Supplemental Provisions especially "Own Organization," Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3. f of these Supplemental Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other
than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incarporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor instailing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter "NONE in the appropriate space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the Board of Directors in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the Board of Directors shall be final.
em
%#Revised: 10/08/03 Contract No. 3853-1 Page 18 of 56 Pages
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 177 1.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional farm pages shall be entered in the location provided on each type of form so duplicated.
%#Revised: 10/08/03 Contract No. 3853-'1 Page 19 of 56 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
TAP RESERVOIR PAlNTING
CONTRACT NO. 3853-1
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR'S BID ITEMS
Location of Business
n I I
Subcontractor's License No.* 431584
Page 1 of 1 pages of this Subcontractor Designation form
Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submltied
by the Bidder up to 24 hours afler the deadline for submitting bids contained In the "Notice lnvllhg Blds '
4-
k#Revised: 10/08/03 Contract No. 3853-1 Page 20 of 56 Pages
e
BIDDER'S STATEMENT OF FINANCIAL RESPONSfBfLITY
(To Accompany Proposal)
CONTRACT NO. 3853-1
TAP RESERVOIR FAINTING
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTlAL.
Under Separate Cover Marked "CONFIDENTIAL"
*% bRevised: 10/08/03 Contract No. 3853-1 Page 21 of 56 Pages
r
cc-
ROBISON-PTPEZIOSO, INC.
December 31,2003
/c-
I:, t i /-
TABLE OF CONTENTS
Independent Auditors' Report
Balance Sheets
Statements of Income and Retained Earnings
f-4
Statements of Cash Flows
Notes to the Financial Statements
1
2
3
4
5-11
Bumstead & Simon
Certified Public Accountants
1745 I Bastanchury Road, Suite 201-48 Yorba Linda, California 92886
Ph: (714) 854-176O.Fax: (714) 854-1758
r' L ,rol E. Bumstead, CPA Kathleen A. Simon, CPA
March 17, 2004
I INDEPENDENT AUDITORS' REPORT
To Robison-Prezioso, Inc., the Board of Directors, and Shareholders:
We have audited the balance sheets of Robison-Prezioso, Inc., as of December 31, 2003 and 2002, and the related statements of income and retained earnings, and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. .An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the 2003 and 2002 financial statements referred to above present fairly, in all material respects, the financial position of Robison-Prezioso, Inc., as of December 31, 2003 and 2002, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America.
/-
1 ..
Member of the American Institute of Certified Public Accountants
ISON-PREZIOSO. INC. v -
CURRENT ASSETS
Cash
Accounts receivable
Costs and estimated earnings in excess
of billings on uncompleted contracts
Advances
Prepaid expenses
Deposits
$ 269,433
12,077,732
1,141,254
8,105
922,773
153,670
14,572,967
PROPERTY AND EQUIPMENT, at cost, net of accumulated depreciation 1,250,315
OTHER ASSETS
Deferred income tax benefit 411,177
TOTAL ASSETS -
CURRENT LIABILITIES
Line of credit
e-. Notes payable - current portion
Accounts payable
Accounts payable- affiliates
Accrued expenses
Billings in excess of costs and estimated
Income taxes payable
earnings on uncompleted contracts
$ 16,234,459
$ 500,000
79,969
1,784,819
167,150
1,917,506
678,173
257,445
5.385.062
LONG-TERM LIABILITIES
Notes payable 829.215
TOTAL LIABILITIES
STOCKHOLDER'S EQUITY
Common stock, 1,000 shares authorized,
Additional paid-in-capital
Retained earnings
536 issued and outstanding
TOTAL STOCKHOLDER'S EQUITY
c- "OTAL LIABILITIES AM) STOCKHOLDER'S EQUITY
6,214,277
$ 92,318
12,982,881
4,286,820
8,110
731,387
100,482
18,201,998
2.018.934
255.731
$ 20,476,663
$ 4,350,000
148,939
2,858,275
891,342
2,242,216
301,818
265,417
11.058.007
902.640
11,960,647
162,000 162,000
768,000 768,000
9,090,182 7,586,016
10,020,182 8,516,016
$ 16,234,459 $ 20,476,663
See accompanying notes.
2
~OBXSON-PR.EZIOS0. INC.
STATEMENTS OF INCOME AND R ETAINED EARN INGS
FOR E YEAR ENDE D DECEMBER 31,
/-
CONTRACT REV-
COSTS OF CONTRACT REVENUE
GROSS PROFIT
GENERAL AND
ADMINISTRATIVE EXPENSES
INCOME FROM OPERATIONS
OTHER INCOME/ (EXPENSE)
Gain on sale of assets
Miscellaneous
Interest income
Interest expense
__ INCOME BEFORE INCOME TAXES
AND EXTRAORDINARY ITEM
INCOME TAX EXPENSE
Current
Deferred
NET INCOME BEFORE EXTRAORDINARY ITEM
EXTRAORDINARY ITEM,
net of income taxes - $193,984
NET INCOME
RETAINED EARNINGS, BEGINNING
LESS: DIVIDENDS
RETAINED EARNINGS, ENDING
$ 34,042,161 100.0% $ 35,522,373 100.0%
29,365,571 82.7% - 27,534,394 .80.9
6,507,767 19.1 6,156,802 17.3
9.9 3 , 528,488 3,787,189 11.1
2,720,578 8.0 2,628,314 7.4
10,101 0.0 9,418 -
250 0.0 5,000 -
2,218 0.0 6,610 0.0
(249,134) (0.7) (310,636) (0.9)
(236,565) (0.7) (289,608) (0.9)
2 , 484 , 013 7.3 2,338,706 6.6
1,135,293 3.3 1,038,971 2.4
(155,446) (0.5) (191,979) (0.5)
979,847 2.8 846,992 1.9
1,504,166 4.4 1,491,714 4.2
- - 258,827 0.7
1,504,166 u 1,232,887 3.5%
7,556,016 6,879,445
- (526,316)
$ 9,090,182 $ 7,586,016
c-
See accompanying notes.
3
ROBISON-PREZIOSO , JX! .
ST S
FF
2003
$ 1,504,166
2Qu
$ 1,232,887
CASH FLOWS PROM OPERATING ACTIVITIES:
NET INCOW
adjustments to reconcile net income to net cash
,---
providedl (used) by operating activities:
Depreciation
Deferred income taxes
Gain on sale of property
Extraordinary item-charge off of equipment
Change in current assets and liabilities:
(Increase)/Decrease:
Accounts receivable
Costs and estimated earnings in excess
of billings on uncompleted contracts
Advances
Prepaid expenses
Deposits
Decrease/ (Increase) :
Accounts payable
Accrued expenses
Billings in excess' of costs and estimated
Income taxes payable
Total adjustments
earnings on uncompleted contracts
861,553
(155,446)
(10,101) -
1,074,082
(191,979)
(9,418)
452,811
905,149 (169,13 3)
3,145,566
4
(191,386)
(53,188)
(1,729,517)
4,569
(88,221)
20,254
(1,797,648)
(324,710)
319,459
(287,009)
(97,152)
145,520
(555,734)
376,355
(7,972)
2,748,176
NET CASH PROVIDED BY OPERATING ACTIVITIES
c-
CASH FLOWS FROM INVESTING ACTIVITIES:
Purchase of property and equipment
proceeds from the sale of property
4,252,342 677,153
(125,77 9)
12.155
(114,146) -
NET CASH USED BY INVESTING ACTIVITIES (114.146) (113.624 1
CASH FLOWS FROM FINANCING ACTIVITIES:
Dividends paid
Principal payments on notes payable
Proceeds from advances on line of credit
Payments reducing line of credit
(600,7 51)
(201,832)
3,250,000
(3,400,000)
(111,081)
7,000,000
(10,850,000)
NET CASH USED BY FINANCING ACTIVITIES (3,961,081) (952,583)
NET INCREASE/(DECREASE) IN CASH 177,115 (389,054)
CASH, BEGINNING 481,372 92,318
CASH, ENDING 92,318 $ $ 269,433
-tal disclosures of cash flow 6aformau
Cash paid for:
Interest $ 317,714 -- $ 261,519
A-
Income taxes $ 512,137 $ 825,840
See accompanying notes.
4
ROBISON-PREZIOSO, INC. NOTES TO THE PI- A S DECEMB ER 31, 2003 AND 2002
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Oraanization
Robison-Prezioso, Inc., was incorporated under the laws of the State of California on September 21, 1981, for the primary purpose of painting and coating contracting. The Company is a wholly-owned subsidiary of Prezioso USA, Inc., a Delaware Corporation.
Revenue and Cost Recognition
Revenues from fixed-price construction contracts are recognized on the percentage-of- completion method, measured by the percentage of costs incurred to date to estimated total costs for each contract. This method is used because management considers
expended costs to the best available measure of progress on these contracts. Because of the inherent uncertainties in esthting costs, it is at least reasonably possible that the estimates used will change within the near term. Revenues from time-and- material contracts are recognized currently as the work is performed.
Contract costs include all direct material, labor, subcontractors, and equipment costs and those indirect costs related to contract performance such as indirect labor and other site expenses. Provisions for estimated losses on uncompleted contracts are ---nade in the period in which such losses are determined. Changes in job performance, )ob conditions, and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs and income and are recognized in the period in which the settlements are determined.
.
Property and Equipment
For financial reporting purposes, depreciation is recorded using the straight line method over the estimated useful lives of the assets (principally three to five years, except for the buildings which are 25 years). For California franchise tax purposes, depreciation is recorded using the straight line method over the estimated useful lives of the assets (principally three to five years) for assets placed in service through 1986. For assets placed in service after 1986, California has conformed to the Federal modified accelerated cost recovery system. For Federal income tax purposes, depreciation is computed using accelerated cost recovery system guidelines for assets acquired after December 31, 1980, and the modified accelerated cost recovery system guidelines for assets acquired after December 31, 1986.
Income Taxes
For both tax purposes and financial statement purposes, construction contracts are reported on the percentage of completion basis.
f' 5
i -
ROBISON-PREZIOSO, INC.
DECEMBER 31, 2003 AND 2002 NOTES TO TH-AL STAT- NTS
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (con't)
Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.
NOTE 2 - ACCOUNTS RECEIVABLE
Accounts receivable consist of the following:
12 /3 1/03 12/31/02
Accounts receivable - billed $ 7,650,226 $ 9,608,780 Accounts receivable - unbilled 2,317,936 944,416 Retentions receivable 2,109,570 2,429,685 ("' Less: allowance for doubtful account 0 0
S 12,077,732 $12,982,881
Management believes all accounts receivable to be fully collectible and no allowance for doubtful accounts has been provided. At the balance sheet date, 46% of the total receivable balance is with four customers.
6
,.--
NOTE 3 - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS
12 /31/03 12/3 1/02
Costs incurred on uncompleted contracts $ 6,157,828 $23,555,770 Estimated earnings 2,262,266 1,019,173
8,420,094 24,574,943
Less: Billings to date (7,957,013) (20,589,941)
s 463,081 $ 3.985.002
Included in accompanying balance sheets under the following headings:
Costs and estimated earnings in excess of
Billings in excess of costs and estimated
billings on uncompleted contracts $ 1,141,254 $ 4,206,820
earnings on uncompleted contracts (678,173) (301,818)
$ 463,081 S 3,985,002
NOTE 4 - PROPERTY AND EQUIPMENT
Property and equipment consist of the following:
Furniture and fixtures Ve hic 1 e s Field equipment Building Land
12 /3 1/0 3
$ 278,500 $ 255,054 1,309,332 1,296,881 4,716,608 4,697,104 668,917 652,720 503,328 482,000
12/3 1/02
$7,476,693 7,383,759
Less: accumulated depn (6,226,378) (5,364,825)
$2.018.934 $1,250,315
Depreciation expense for the year ended December 31, 2003 and 2002 was $861,553 and $1,074,082, respectively.
7
ROBISON-PREZIOSO, INC. NOTES TO T T T-NTS DECEMBER 31, 2003 AND 2002
NOTE 5 - NOTES PAYABLE
Notes payable are as follows:
Security Monthly Payment
1999 Yukon 563 1999 DMC Pick-up 544 F-550 SP Truck 779 2 Taurus 947 Chevy Pick up 67 9 2000 Taurus 554 2 Ford F-250 Trucks 1,183 2001 Taurus 458 2002 Chevy Pick-up C1500 638 2003 Chevy Tahoe 618 Santa Fe Springs Prop 7,250
Int. Rate -
9.7% 10.5% 10.9% 8.5% 8.0% 10.2% 8.0% 8.4% 0.0% 0.0% 7.5%
Current Portion
$ 559 3,164 2,472 8,228 6,036 4,269 11,403 4,413 7,659 7,766 24,000
$ 79,969
Long Term Port ion
$
7,799
638 25,342 795,436
$829,215
Total
559 3,164 2,472 8,228 13,835 4,269 11,403 4,413 8,297 33,108 819,436
$909,184
$
The note on Santa Fe Springs property is with California Bank & Trust. This is the building that serves as the corporate offices and storage facility for their equipment. This agreement was entered into on October 11, 2001 and was for $873,698. The principal and interest payment of $7,250 is payable monthly at a stated rate of 7.5%. This agreement is in effect for ten years. ...-
NOTE 6 - PRINCIPAL PAYMENTS
Principal payments for note 5 for the next five years are as follows:
December 31, 2005 $ 35,581 December 31, 2006 37,767 December 31, 2007 40,126 December 31, 2008 38,416 December 31, 2009 and thereafter 677,325
$829,215
8
,---
NOTE 7 - LINE OF CREDIT
ROBISON-PREZIOSO, INC. NOTES 3 TAT NTS DECEMBER 31, 2003 AND 2002
On July 1, 2003, the Company entered into a new line of credit agreement with California Bank & Trust with a maximum available amount of $5,000,000. Interest is payable monthly using an independent index rate. At the balance sheet date, the rate was 3.7%. This agreement is secured by accounts receivable, equipment, and
inventory of the Company. All restrictive covenants required by the bank have been met. This agreement matures on June 1, 2005. At the balance sheet date the balance on this agreement was $500,000. The entire balances are due on demand and therefore considered current. The balance on December 31, 2002 was $4,350,000.
NOTE 8 - RELATED PARTY TRANSACTIONS
The Company owes to PreziFso, SAS $184,141, which represents reimbursements of expenses incurred by Prezzoso, SAS on the behalf of Robison-Prezioso, Inc. There is $16,991 due from Prezioso Group for costs incurred on their behalf.
2-
NOTE 9 - PROFIT SHARING PLAN
The Company has a qualified pro it-sharing plan under provisions of Section 401(k) ("Plan") of the Internal Revenue Code available to all employees not covered by union collective bargaining agreements. Under the terms of the Plan, each
participant is able to defer the receipt of and reduce compensation up to $12,000 of compensation before the reduction. deferral. Employer's 2003 and 2002 contributions amounted to $31,187 and $30,427, respectively.
The Company matches up to 25% of employee
9
e-'-
NOTE 10 - INCOME TAX EXPENSE, LIABILITIES - CURRENT AND DEFERRED
The components of income tax expense/(benefit) for the year ended December 31, 2003 and 2002, are as follows: 2003 2002
Current - Federal
Deferred - Federal - State
- State
$ 874,330 $ 871,983 260,963 166,988 (127i584) (155i.842) (27,862) (3 6,137)
Total income tax expense $ 979.847 S 846,992
The deferred income tax asset at December 31, 2003 and 2002 in the amount of $411,177 and $255,731, respectively, results solely from the difference in depreciation methods and estimated useful lives used for financial statement purposes and income tax reporting purposes.
The Company accounts for income taxes in accordance with Statement of Financial Accounting Standards No. 109 Accounting for Income Taxes, which requires an asset and liability approach to financial accounting and reporting for income taxes. Deferred income tax assets and liabilities are computed annually for differences between the financial statement and tax basis of assets and liabilities that will
e- result in taxable or deductible amounts in the future based on enacted tax laws and hates applicable to the periods in which the differences are expected to affect axable income. Income tax expense is the tax payable or refundable for the period plus or minus the change during the period in deferred tax assets and liabilities.
NOTE 11 - NONCASH INVESTING AND FINANCING TRANSACTIONS
Purchases of fixed assets during 2003 and 2002:
2003
Cost of fixed assets
Acquisition of debt in purchase
Cash down payment for fixed assets
$ 114,146
0
.$ 114,146
2002
$ 209,807
(84,028)
$ 125.779
r- 10
. -- ROBISON-PREZIOSO, INC. NOTES A NTS
-0-2 E
NOTE 12 - OPERATING LEASES
The Company has six operating leases for various pieces of equipment that they acquired in 2001,2002, and 2003. The terms of all of these leases, except one, are 36 months. The minimum lease payment for the next five years are as follows:
2004 $224,997 2005 41,406 2006 23,496 2007 and thereafter 0
S 289,899
Lease expense for the year ending December 31, 2003 and 2002 was $393,769 and $456,881, respectively.
NOTE 13 - CONCENTRATIONS OF CREDIT RISK FROM CASH DEPOSITS IN EXCESS OF INSURED LIMITS
c-
.'he Company has the majority of its bank accounts at California Bank & Trust. The balances are insured by the Federal Deposit Insurance Corporation up to $100,000. At December 31, 2003, the Company's balances on deposit at California Bank and Trust amounted to $97,812 and at December 31, 2002 the Company had cash balances in the amount of $426,830.
There is also a Certificate of Deposit with Corp Banca, located in New York in the amount of $250,000 which is not covered by FDIC.
11
1--
BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will enable the District to judge hidher responsibility, experience and skill. An attachment can be used.
Name and Address
2004 Castaic Lake Water, CA Dan McClure/562-946-1816 Tank Coating $400,000.00
2003 MWD of So. Cal. Laverne, CA Vinod Kashyap/909-392-5486 Tank Coating $500,000.00
2002 IrlWD of So. Cal., Yorba Linda,C a John Wallance 310-217-6000 Tank Coating $400,000.00
- ~ -~ ~~~
*% bRevised: 10108103 Contract No. 3853-1 Page 22 of 56 Pages
rc
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1. Certificates of insurance showing conformance with the requirements herein for:
comprehensive General Liability
Workers Compensation
Automobile Liability
Employer's Liability
2. Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the
Agency showing conformance with the requirements herein.
AH certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must: (1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
(2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coerage is for "any auto" and cannot be limited in any manner.
4-
%#Revised: 10/08/03 Contract No 3853-1 Page 23 of 56 Pages
No.0091 . P. 2/4 Dec. 6, 2004 3:OOPV BOYD & ASSOCIATES
PRODUCER BOYD & ASSOCIATES paurance Services
i,sCin CA 92781-0485
Phone:734/245-1350 Fax:724/245-1340
0. Box 485
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC $4
Robison-Prezioso Inc. Cor-RaX Painting Co., Inc. 10114 hoemaker Avenue Santa Fe Springs CA 90670
INSURER A: &t&riun sarecy ~~lmnnity co.
INSURERE: Hartford Fire Ins. Co.
INSURERC: Ins Co Of The State Of PA
INSURER E: Interstate Fire 6 Casualtv
INSURER D bch spdalty Ineurmoe CO.
19682
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WIlH RESPECT YO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY WVE BEEN REDUCE0 BY PAID UAIMS.
WPE OF INSURANCE
CIAIMSMADE [xl OCCUR
H LI GEN‘L AGGREGATE LIMIT APPLIES PER
LOC
AVTOHOBILE LIABILIW
I I
GARAGE LlAElLlM
ANY AUTO
U(CES31UMBRELLA WMLITY
C a OCCUR CLAIMSMADE
WORKERS COMPENSATION AND
EMPLOYERS WBlUW
ANY PROPRIETOIUFARTNEREXECUTIVE OFFICERMEMBER EXCLUDED?
OTHER
, (2nd Layer)
ESCRIPTION OF 0PERAIK)NS I LOCATIONS 1 VE”
ESL61665402 10/31/04 10/31/05
57 UUN UPOOsl
42 04 -20 60 10/31/01 10/31/05
UXP000232400 10/31/04 10/31/05
.ES I EXCLUSIONS ADOED BV ENDORWENT I SPECIAL PROVlSlONS
LIMITS I
BODILY INJURY (Per amdent)
PROPERTY DAMAGE (Perddenl)
OTHER THAN EA I
MG 1 S AUTO ONLY:
95,000,000. EACH OCCURRENCE
AGGREGATE J 5,000,000 -
5 we m- OTn- ER TORY LIMITS
EL. EACH ACCIDENT s
EL oimx -EA EMPLOYE^ s
E.L DISEASE -POLICY LIMIT 5
occur : $5,000,000.
*Except Ten (10) Day Notice of Cancellation for Non-Paymarit of Prdum
RE: TAP Reservior Painting, Contract No. 3853 1, Carlabad, CA. RPI Job
flE4178
The City of Carlabad is named as an Additional Insured per the attached
endorstaxuent .
CERTIFICATE HOLDER CANCELLATION
.- DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL *= DAYS WRIlTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL
IMPOSE NO OEUQATION 0
City of Carlabad Public Works - Engineering 1635 Faraday Avenue Carlsbad CA 92008-7318
J
I OTHER COVERAGES :
Interstate Fire fi Casualty
Great American Ins. Co. of New York
Type of Policy Policy Policy Limits of Coverage Number Eff. ET. Liability
Excess Liab. XS01300380 10/31/04 10/31/05 $9,000,000 Occ.
Contractors IPaP103663604 10/31/04 10/31/05 3 200,000 Occ. Leased/Rented Equipment Deductible: $ 5,000
Contractual ESL61665402 10/31/04 10/31/05 $1,000,000 Occ.
(3rd Layer) $9,000,000 Agg.
Liaili ty 52,000,000 Mg.
Dee, 6, 2004 3:DOPM BOYD & ASSOCIATES No.0091 Pm 4/4
- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ES 98 15 10 04
ADDITIONAL [NSURED ENDORSEMENT -- OWNERS, LESSEES OR CONTRACTORS
(MODIFIED FORM B)
This Endorsement shall not sewe to increase our limits of insurance, as described in SECTION 111
LIMITS OF INSURANCE.
Name of Person or Organization: Project owners or general contractors, if other than a named insured, as well
as their directors, officers and employees where required to be named as an
Additional Insured in a written contract with the Named Insured entered into
prior to the loss or occurrence.
Effective Date: The later of the effective date of this policy or the date on which "your work" first started on the applicable project for which this, Endorsement applies, but in no event later than the policy expiration date or applicable -earlier termination
date of this policy.
In consideration of the payment of premiums, it is hereby
agrsed that the following changes are incorporated into
the policy:
WHO IS AN INSURED (SECTION 11) is amended to
include as an insured the person or organization shown in the Schedule, &ut only with respect to
liability arising out of "your work" but only as respects ongoing operations performed by the Named Insured
for the Additional Insured on or after the effective
date of this Endorsement-
-
If this policy includes a self-insured retention or
deductible endorsement, such endorsement shall apply,
individually and separately, to each person or entity who
qualifies as an insured under the terms and conditions
of this Endorsement. Our obligation under this
Endorsement applies only to the payment of damages,
defense fees and costs, and all other Supplementary
Payments in excess of any self-insured retention or
deductible amount payable under the policy, which self-
insured retention or deductible amount shall be paid
solely by each insured seeking coverage hereunder.
Coverage under this Endorsement applies only as tt is further understood and agreed that irrespective of respects a legally enforceable written contract with the the number of entities named as insureds under this
Named Insured and only for liability arising out of or policy in no event shall the Company's limits of liabllrty
relating to the Named Insured's sole negligence and only exceed the limits of liability designated in the for "bodily injury" or "property damage' caused by an Declarations.
"occurrence" under Coverage A not otherwise excluded
in the policy to which this Endorsement applies. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged,
ES 98 15 10 04 Copyright@ 2004 American Safety Indemnity .Company Page 1 of 1
Nov.30, 2004 9342AhI BOYD & ASSOCIATES No.9951 P. 2/5
CERTHOLDER COPY
- STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
COMPWNSATION INSURANCE
ISSUE DATE: 11-30-2004
CXTY OF CARLSBAD
1635 FARADAY AVENUE
PUBLIC WORKS - ENQINEERING
CARLSBAD CA 92608-7314
GROUP; 000046 POLICY NUMBER: 11322-2004 CERTIFICATE IO: 42 1 CERTIFICATE EXPIRES: 02 - 01 -2005
02 - 01 -20 06/02 - 01 -2 005
JOB: TAP RESERVOIR PAINTINQ
CONTRACT NO 3853 1 CARt8BAD. CA
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not,gubjsct to cancellation.by fh,e.Eund except upon 30 day,s advancewrltfsn,no~ice to the employer.
We will also give .. . y.0~~~30 da$ advance.notice should this polij be cancelledi ptiqrtoj its ,n:ormal'&piration. ... .
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed hatain, NoMiWst&nding'my requirement, term'or condltii%l ohhy pntracf'br otherdocument with respect to which#.this.certifi,wt,e of insurance may be issued or to which it!sn;ay'pedain, the: iiisurbce aftorded by the policy described herem, IS sWbJecf:to'all.the,terms, exclusions, and conditlons;.of suchi.policy.
,- A! e.&
AUTHORIZED REPRESENTATIVE PRESIDENT
E2dPLOYBR'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ELPDORSEMB")? #2069 ENTITLED CERTIFICATE HOLDEPS' NOTICE EFFECTIVE 02-01-2003 IS ATTACHBD'TO hD FORMS A PART OF THIS POLICY.
EMPLOYER
ROBISON~PREZIOSO~INC 10114 SHOXMbKqR .@vE SMTA PE SPGS CA 90679
SClF 10262E Accept Ulis cenilicab mly if pu 6a.a a fain1 wnkmrk Ihot 19868 'OFFICIAL STATE FUND DOCUMENT' k%D: 11-30-2004 PAGE 1 OF 1
,-
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
X
Yes no
2. If yes, what waslwere the name@) of the agency(ies) and what waslwere the period(s) of
debarment@)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
Robison-Prezioso. Inc.
(print name/title)
Pageof 1 of pages of the Re Debarment form
r-
e
&#Revised: 10/08/03 Contract No. 3853-1 Page 24 of 56 Pages
.-
e
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
Contractors are required by law to be licensed and regulated by the Contractors' State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must he filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times Llrithin an eight year period? X
Yes no
2) Has the suspension or revocation of your contractors license ever been stayed? X
Yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two
or more times within an eight year period?
X
no
4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed?
_x Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
(If needed attach additional sheets to pnvide full disclosure.)
Page 1 of 2 pages of this Disclosure of Discipline form
r-
em
frSRevised: 10/08/03 Contract No. 3853-1 Page 25 of 56 Pages
,”-
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who‘s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
.
If needed, attach additional sheets to pwide full disclosure.
BY CONTRACTOR:
Robison-Prezioso, Inc.
(name of Contractor)
\ n
Jame bdm pson. Vice-president
(print name/title)
Page 1 of 1 pages of this Disclosure of Discipline form
em
%#Revised: 10/08/03 Contract No. 3853-1 Page 26 of 56 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
PUBLIC CONTRACT CODE SECTION 7106
State of California )
County of Los Angeles 1 1 ss
James Thompson , being first dilly sworn, deposes
(Name of Bidder)
and says that he or she is Vice-president
(Title)
of Robison-Prezioso, Inc.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has nat directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
i declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the 15th day of October 1 wm4
n
Suwed and sworn to before me on the 15th day of October I wm4
(NOTARY SEAL)
&-&’-. ‘..-xl\ __ DAVID TRACY 2 Commission # 131 8843 3 Notary Public - California z Loa Angeles county
hW€Y?m. Exp~~Aug25,201, -*-*-‘mm.-
*’1
4%
\@Revised: 10l08103 Contract No. 3853-1 Page 27 of 56 Pages
I
Robison-Prezioso. Inc.
Certificate of
Liabilitv Insurance
ADDENDUM NO. 1
C it
eptember 16,2004
y of Carlsbad
RE: T.A.P. RESERVOIR PAINTING, CONTRACT NO. 3853-1
Please include the attached addendum in the Notice to BidderlRequest for Sids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
- KEVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
--
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2430 - FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
r- Project No. 3853-1, T.A.P. Reservoir Painting
Addendum No 1
Add the following under Section 09960 - Part 1.06, paragraph B item no. 3:
“Applicator shall have SSPC QP1 certification. A copy of certification document shall
be submitted to the City prior to award of contract.”
e-
--
I"
.... ..... ..... ...
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PCPC -e- 3.1 * ...............
September 28,2004
ADDENDUM NO. 2
RE: T.A.P. RESERVOIR PAINTING, CONTRACT NO. 3853-1
Please include the attached addendum in the Notice to BiddedRequest for Bids
you have for the above project.
Please note that the bid due date has been chanqed. The new due date is
October 18, 2004, at 4:OO PM.
This addendum-receipt acknowledged-must be attached to your bid when
your bid is submitted.
KEVIN DAVIS
Buyer
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
8
e Project No. 3853-1, T.A.P. Reservoir Painting
Addendum No 2
Delete: Page 10, Bid Schedule.
Add: Revised Page 10, which includes Item No. 3 - Ladder System Removal and
Replacement (attached).
Add: Appendix “B” Replacement Ladder Detail (attached).
Delete from page 6, paragraph 1: “4* day of October, 2004”
Add on page 6, paragraph 1: “1 8* day of October, 2004”
7
/--
I--
*-
NOTCH HANDRAIL
HANDRAIL 1-1 /4” 0
BEYOND RAIL
\ EXI s TIN G
\3-I /2”x3/16” TOEBOARD (TYP)
CONNECT LADDER ’ TO EXISTING ANCHORED BRACKET
1.
2.
3.
4.
5.
6.
NOTES:
LADDER SYSTEM SHALL INCLUDE SAFETY CAGE AND ANTICLIMB DOOR (LOCKABLE), WHICH ARE NOT SHOWN ON THIS DRAWING.
LADDER SYSTEM SHALL BE PROVIDED BY SPIESS CONSTRUCTION CO., INC. OR APPROVED EQUAL.
LOCATION AND DIMENSIONS SHALL BE FIELD VERIFIED.
DESIGN AND INSTALLATION DETAILS SHALL BE
PROVIDED TO ENGINEER FOR APPROVAL.
COMPLY WITH APPLICABLE SAFETY REGULATIONS.
USE EXISTING ANCHORING TO CONCRETE STRUCTURE
ENGINEER. -ADDITIONAL ANCHORING SHALL BE APPROVED BY
EXISTING 5”x3/8” BRACKET TYP. 10’-0” O.C. MAX. (4 SETS REQ’D) VERYFY LOCATION / jRESERVOIR BOTTOM
.: -
N TS
I I
PROJECT NO. I CARLSBAD MUNICIPAL WATER DISTRICT I APPENDIX I 3853-1 REPLACEMENT
LADDER DETAIL B ‘I
CONTRACT
PUBLIC WORKS
This agreement is made this A30 day of &A ,gWt by and
between the Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation,
(he rein aft e r ca I I ed "District" ) ,
and ROBISON-PREZIOSO, INC. whose principal place of business is
101 14SHOEMAKER AVENUE, SANTA FE SPRINGS, CA 90670 (hereinafter
called "Contractor").
District and Contractor agree as Ibllows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
(hereinafter called "project")
2.
equipment, and personnel to perfbrm the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
--
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
District will be the interpreter of the intent of the Contract Documents, and the District's decision
relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors
and materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract,
District shall make payment to the Contractor per section 9-3 PAYMENT of the Standard
Specifications for Public Works Construction (SSPWC) 2003 Edition, supplements thereto,
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on the last working
,-- day of each month.
em
%#Revised: 10/08/03 Contract No. 3853-1 Page 28 of 56 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by District about underground conditions or
other job conditions is for Contractor's convenience only, and District does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including Underground
conditions and has not relied on information furnished by District.
,A
6. Hazardous Waste or Other Unusual Conditions, If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and 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 waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class 11, orclass Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the: character provided for in the contract.
District shall promptly investigate the conditions, and if it finds that the conditions do materially so
differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or
the time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
- <
In the event that a dispute arises between District and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifymg the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
c
%Revised: 10/08/03 Contract No. 3853-1 Page 29 of 56 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the District and the City of Carlsbad, and its officers and employees,
from all claims, loss, damage, injury and liability of every kind, nature and description, directly or
indirectly arising from or in connection with the performance of the Contract or work; or from any
failure or alleged failure of Contractor to comply with any applicable law, rules or regulations
including those relating to safety and health; and from any and all claims, loss, damages, injury and
liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the
work covered by the Contract, except for loss or damage caused by the sole or active negligence or
willful misconduct of the District or City. The expenses of defense include all costs and expenses
including attorneys' fees for litigation, arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City and District against any challenges to the award
of the contract to Contractor, arising in whole or in part from alleged inaccuracies or
misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all costs,
including defense costs for the City and District. Defense costs include the cost of separate counsel
for City and District, if City or District request separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the District's policy for insurance as stated
in Resolution No. 772.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the District and City,
or its agents, officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury
and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or
non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot
be limited in anymanner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions:
a. The District and City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the contractor; premises owned, leased, hired or borrowed by
the contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the District or City, its officials, employees or volunteers. All additional insured endorsements must
be evidenced using separate documents attached to the certificate .of insurance; one for each
company affording general liability and employers' liability.
4w
%@Revised: 10/08/03 Contract No. 3853-1 Page 30 of 56 Pages
- b. The Contractor's insurance coverage shall be primary insurance as respects the District and
.I City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the
District or City, its officials, employees or volunteers shall be in excess of the contractor's insurance
and shall not contribute with it.
c. to the District and City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the District by certified
mail, return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the District, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
District and City, its officials and employees; or the contractor shall procure a bond guaranteeing
payment of losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or City or
any of its officials or employees. -
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the Board of Directors in Resolution No. 772.
(H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the
District.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the District using the informal dispute resolution process described in Public Contract
- -
tSRevised: 10/08/03 Contract No. 3853-1 Page 31 of 56 Pages
Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or 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 District
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may
be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information 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 pursuant to the False Claims Act, it is entitled to Rcover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be 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, 3.32.026, 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
another jurisdiction is grounds for the Carlsbad Municipal Water District to disqualify the Contractor
or subcontractor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California. ?
I have read and understand all provisions of Section I1 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to thu
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place
of business as specified above, Contractor shall so inform the District by certified letter
accompanying the return of this Contract. Contractor shall notify the District by certified mail of any
change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the District to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
District may be substituted for monies withheld to ensure performance under this Contract. -
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
3 %Revised: 10/08/03 Contract No. 3853-1 Page 32 of 56 Pages
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
-
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or 'I Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
ROBISON-PREZIOSO, INC.
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
Secretary under the corporate seal empowering that officer to bind the corporation.
If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument.
APPROVED AS TO FORM:
RONALD R. BALL General Counsel
By:
'*Revised: 10/08/03 Contract No. 3853-1 Page 33 of 56 Pages
- CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
Countyof ~g55 LGF- c
On 1 4 before m Dab H
personally appeared
$l$ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name@) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(@ on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed t
Cammisson C 131 3843
0 PTlONA L
Though the information below is not required by law, rt may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date. Number of Pages:
- Hwe *
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
dGWb*rn% J%mfsoy
0 Individual l%c\?!?-e Q
KCorporate Officer -Title@): \I - PR<.
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave.. PO. Box 2402 * Chatsworlh. CA91313-2402 - ww.mtionalnotar$Mg Prod. No. 5907 Reorder: Call Toll-Free 1-800-87&8827
Bond No. 08762517
Premium included in charge
for Performance Bond
LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the City of Carlsbad, State of California, by Resolution
No. N/A , adopted N/A , has awarded to
ROBISON-PREZIOSO, INC. (hereinafter designated as the "Principal"), a Contract br:
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City
of Carlsbad) and all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, ROBISON-PREZIOSO, INC., as
Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF
MARYLAND as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum
of SIXTY-SEVEN THOUSAND, SEVEN HUNDRED Dollars ($67,700), said sum being an amount
equal to: One hundred percent (1 00%) of the total amount payable under the terms of the contract by
the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
__
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
31 81, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
.--
em
'&Revised: 10/08/03 Contract No. 3853-1 Page 34 of 56 Pages
Executed by CONTRACTOR this 30th Executed by SURETY this 30th day
I
day of November , -2004. of N ov emb e r , WI2004.
CONTRACTOR:
ROBISON-PREZIOSO. INC.
(name of Cont
By: &!! -L z
(sign here)
James Thompson
(print name here)
Vice President
(title apd organization of signatory)
/ 7 here)
SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
801 North Brand Boulevard, Penthouse
Glendale, CA 91203
(name of Surety)
(address of Surety)
(818) 409-2800
(telephone number of Surety)
By:
(signature of Attorney-in-fact)
Rhonda C. Abel
(printed name of Attomey-in-Fact)
Kenneth Weingarten, Treasurer/Asst. Secretary
(print name here) (attach corporate resolution showing current power of attorney)
- (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 only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By:
,-
e% %*Revised: 10/08/03 Contract No. 3853-1 Page 35 of 56 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907
State of California
County of Orange
On
personally appeared Rhonda C. Abel
[XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
- 30 -04 before me, Ashley K. Ward, Notary Public
DATE NAME, TITLE OF OFFICER - E G.. "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
WITNESSnmy hand and official seal.
K. dG%Q
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
0 0
0
Ix) 0 0 0
CAPACITY CLAIMED BY SIGNER
I NDlVl DUAL
CORPORATE OFFICER
nnqs)
LIMITED E GENERAL
PARTNER(S)
AlTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067lGEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 Canqa Park, CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary, in
e, execute, seal and
its office in Balti
t set forth on the reverse side hereof is a true copy of Article VI,
ice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of March,
A.D. 2003.
IN WITNESS
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
j L. L. Goucher Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
On this 19th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affved to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and duection of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004
POA-F 012-5025C
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND -
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed.” -
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affied the corporate seal of the said Company,
this 30th day of November , 2004 .
Assistant Secretary
ZURICH
THIS IMPORTANT DISCXIOSWRE NOTICE 1s PAKT OF YOUR B om
Fidelity and Deposit Company of Maryland, Colonial Amerioan Casualty and Surety Company, Zurich American btuancic Campany, and American Guarantee and Liability Insurance Company are mkhg the followbq
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is reqW on your
part.
Thz: premium charge for risk of loss resul- fbm acts of temrism (as defined in tbe Act) tmder this bond is
S-waived-. This amount is reflected in the total. premium for #is bond.
rlfs-dosure of Availabilitv t$f Coverwe for Terrorism Loss es
As required by the Terrorism Risk Insurance Act of 2002, we have made avdablo to you coverage for losses resulting
from acts of fermrisftl (as defined in the Act) with teams, amounts, and limitations that do not differ rnatdtlly aa those fm losses arising from events othex than acts of terrorism.
Msclosu-re of Federal Share of Insurance C~rnbanv's TerTorhn Losses
The Terrorism Risk hmmce Act of 2002 establishes a mechanism by which the United States govemnt will share in insurana company losses resulting fiam acts of terrorism (as defined m the Act) after a jnsurance company has paid - losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct wed premium m the prior yeat; for 2003,7% of direot earned premium in the prior yeat; far 2004,10?/0 of direct emcd
pnronium in the prior yew, and for 2005,15% of direct earned premium in the prior yea. The federal. share of an insumme campmy's losses above its deductiile is 90%. h the event the United States government parthipates in losses, the United States government may direct insurance mhpanies to collect a ternrim surcharge from polioyholders. The Act does not currentIy provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
of Act of Temris m
The Terrorism Risk Insurance Aot &fin= "act of tmorism" as any act that is certified by the Seolretary of the Treasury, in conemenee with the Secretary of State and the Attorney General of the Wted States:
1. tobeanactofterrorism;
2. to bo a vioIent act man act that fi dangerous to human life, property orinhstructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air omier (as defined in section 40102 of title 49, Unitd 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States home tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on bohalfof any foreign person or fbreign interest aa part of effort to coerce the civilian population of the United States or to influence the policy or affect the aonduat of the United Stat88 Oovemment by oocrcion. But, no act SUI be c&ed by the Semtwy as an aot of terrorism ifzhe act is committed as part of the mume of a war declared by Congtcss (except for workers' compensation) or property and casualty insurance Iosses resulting from the
aat, im the aggregate, do not exceed $5,000,000.
- These dbclosures &re InformatSonal only and do not modify your bond or af'fect your rights under the bond.
CALlFORNIA ALlrPURPOSE ACKNOWLEDaYENT e
State of California 1
to be the person(s) whose namEl(s) idare
subscribed to the within instrument and
adarowledged to me that he/She/they executed the same in hislherltheir authorized
capacity(ies), and that by hidher/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Description of Atteched Docume
We or Type of Document:
Document Date: Nwnber of Pages:
Signeds) Other Than Named Above:
*
Capadty(ies) Claimed by Signer n
15 Tariner - titnited ene era^ 0 Attorney-in-Fact
0 Trustee 0 Guardian or comrervator
13 Other:
Signer Is Representing:
01
Bond No. 08762517
Premium $762.00
-_ FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad,
State of California, by Resolution No. NIA , adopted N/A, has awarded to
ROBISON-PREZIOSO, INC., (hereinafter
designated as the "Principal"), a Contract for:
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawings and
specifications, and other Contract Documents now on file in the Office of the Secretary of the Board
of Directors (City Clerk of the City of Carlsbad), all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, ROBISON-PREZIOSO, INC. , as Principal,
(hereinafter designated as the "Contractor"), and
OF MARYLAND
FIDELITY AND DEPOSIT COMPANY
, as Surety, are held and firmly bound unto the Carlsbad Municipal
Water District, in the sum of Dollars ($67,700),
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to District or its certain attorney, its successors and assigns; for which payment, well and truly to
be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly
and severally, firmly by these presents.
SIXTY-SEVEN THOUSAND, SEVEN HUNDRED
c-
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and
agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall
remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
/-
@Revised: 10/08/03 Contract No. 3853-1 Page 36 of 56 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. I
Executed by CONTRACTOR this 30th
-2004. 1- day of November
CONTRACTOR:
ROBISON-PREZIOSO, INC.
(name of Contractor)
n
BY:++j!2k-~ sign here)
\ James Thcjmpson
(print name here)
Vice President
(Title and Organization of Signatory)
Executed by SURETY this 30th day of
November , -2004.
SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(name of Surety)
801 North Brand Boulevard, Penthouse
Glendale, CA 91203 '
(address of Surety)
(818) 409-2800
(telephone number of Surety)
rten. TYP Et __ (Attach corporate resolution showing current
(print name here) Secretary power of attorney.)
(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 only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By:
Deputy Gengrd Counsel
em
tSRevised: 10/08/03 Contract No. 3853-1 Page 37 of 56 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907
State of California
County of Orange
On - - before me, Ashley K. Ward, Notary Public
personally appeared Rhonda C. Abel
[XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that helshelthey executed the same in
his/her/their authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the personts), or the entity upon
behalf of which the person(s) acted, executed the instrument.
DATE I NAME, TITLE OF OFFICER - E G., "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
WITNESS my hand and official seal. A L-K,-c3d
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
0
Ixl
CAPACITY CLAIMED BY SIGNER
I NDlVl DUAL
CORPORATE OFFICER
DESCRIPTION OF AlTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LIMITED El GENERAL
PARTNER( S)
ATTORNEY-IN-FACT
TRUSTEE( S)
GUARD1 ANCONS ERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave.. P.O. Box 7184 Canoga Park, CA 91309-7184
CALIFORNIA ALLPURPOSE ACKNOWLEDQMBNT
to be the person(s) whose name(8) idare
subscribed to the within instrument and
acknowledged to me that he/Shafthey executed the same in his/herAheir authorized
capacity(les), and that by hislherhheir
signature@) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
0 Individual
=arpOrate officer - rme(s):
0 Att~mey-in-Fact
0 Trustee
0 Guardian or Consemtor
0 other:
Signer Is Representing: R
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
District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called
"District" and
whose address is
hereinafter called "Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as
follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the District pursuant to the Construction Contract entered into
between the District and Contractor for
CONTRACT NO. 3853-1
TAP RESERVOIR PAINTING
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the Contractor, the District shall make
payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the
securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and
omissions of the Escrow Agent in connection with the handling of retentions under these sections in
an amount not less than $100,000 per contract. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as retention under
the terms of the contract between the District and Contractor. Securities shall be held in the name of
the District and shall designate the Contractor as the beneficial owner.
-
2. The District shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the
Escrow Agent 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 Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable 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
Agent in administering the Escrow Account and all expenses of the District. These expenses and
payment terms shall be determined by the District, Contractor and Escrow Agent. -
em
%@Revised: 10/08/03 Contract No. 3853-1 Page 38 of 56 Pages
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District.
I
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from District to the
Escrow Agent that 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 Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District.
8. Upon receipt of written notification from the District certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all 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 pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars
of their respective signatures are as follows: I
For District:
For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name I
Signature I
Address I
Title I
Name I
Signature I
Address I
Title I
Name
Signature
Address
e
GSRevised: 10/08/03 Contract No. 3853-1 Page 39 of 56 Pages
At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For District:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
clrt.
\#Revised: 10/08/03 Contract No. 3853-1 Page 40 of 56 Pages
SUPPLEMENTAL PROVISIONS
FOR
TAP RESERVOIR PAINTING
CONTRACT NO. 3853-1
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to 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
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency -the Carlsbad Municipal Water District of Carlsbad, California.
4w
%@Revised: 10108103 Contract No. 3853-1 Page 41 of 56 Pages
Board of Directors - the Board of Directors of the’ Carlsbad Municipal District of the City of
Carlsbad. &
Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or hidher
approved representative.
Dispute Board - persons designated by the Executive Manager to hear and advise the Executive
Manager on claims submitted by the Contractor. The Executive Manager is the last appeal level for
informal dispute resolution.
Engineer - the Public Works Director or hidher approved representative. The Engineer is the fourth
level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
I Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent nor employee
of the Agency or a public utility.
Deputy City Engineer, Construction Management and Inspection - The Senior Inspector’s
immediate supervisor and third level of appeal for informal dispute resolution.
Construction Manager - the Project Inspector’s immediate supervisor and second level of appeal
for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
1-3 ABBREVlATtONS
1-3.2 Common Usage, add the following:
Abbreviation
Apts
Bldg
CMWD
CSSD
cfs
Comm
DR
E
G
gal
Word or Words
Apartment and Apartments
Building band Buildings
Carlsbad Municipal Water District
Carlsbad Supplemental Standard Drawings
Cubic Feet per Second Commercial
Dimension Ratio
Electric
Gas
Gallon and Gallons -
%#Revised: 10/08/03 Contract No. 3853-1 Page 42 of 56 Pages
Gar
GNV
gpm IE
I
LCWD
MSL
MTBM
NCTD
OHE
OMWD
ROW
S
SDNR
SDRSD
SFM
T
UE
W WD
Garage and Garages
Ground Not Visible
gallons per minute
Invert Elevation
Leucadia County Water District
Mean Sea Level (see Regional Standard Drawing M-12)
Microtunneling Boring Machine
North County Transit District
Overhead Electric
Olivenhain Municipal Water District
Rig ht-of-Way
Sewer or Slope, as applicable
San Diego Northern Railway
San Diego Regional Standard Drawings
Sewer Force Main
Telephone
Underground Electric
Water, Wider or Width, as applicable
Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor's own organization. The Board of Directors shall be the sole body for determination of a
violation of these 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 (IO) days in
advance of the time and location of said hearing. The determination of the Board of Directors shall
be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who
is listed in the latest wsion 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 performance/warranty bond shall be in the amount of 100 percent of the contract price . The
Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable bu the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000.
2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
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.
a
&#Revised: 10/08/03 Contract No. 3853-1 Page 43 of 56 Pages
- The faithful performancelwarranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and material suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California 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
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
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 within the United States.
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2003 Edition, and supplements threto,
hereinafter designated "SSPWC", as written and promulgated by the Joint Cooperative Committee of
the Southern California Chapter American Public Works Association and Southern California Districts
Associated General Contractors of California, and as amended by the Supplemental Provisions
section of this contract.
-
There are no construction plans for this project. Detail drawings are attached to and part of the
Technical Specifications.
2-5.2 Precedence of Contract Documents, modify as follows:
If there is a conflict between Contract Documents, the document highest in precedence shall control.
The precedence shall be the most recent edition of the following documents listed in order of highest
to lowest precedence:
I) Permits from other agencies as may be required by law. 2) Supplemental Provisions.
3) Plans. 4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San DiegoArea Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approve revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
-
em
%?Revised: 10/08/03 Contract No. 3853-1 Page 44 of 56 Pages
- 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.9. The label '4-C' would indicate the third instance that the fourth
submittal has been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's lettehead. The Letter of Transmittal shall contain the following:
Project title and Agency contract number.
Number of complete sets.
Contractor's certification statement.
Specification section numbefls) pertaining to material submitted for review.
Submittal number (Submittal numbers shall be consecutive including subsequent submittals
Description of the contents of the submittals.
Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall 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
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER .
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies
of all records in the Contractor's or subcontractor's possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractor's
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performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor‘s staff and the staff of all subcontractors to the contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor‘s ongoing business operations.
Contractor and all of its subcontractors to this contract shall maintain such data and records for as
long as may be required by applicable laws and regulations.
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
quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the
original quantity listed in the Contractor‘s bid proposal for this contract. Adjustments in excess of 25
percent may, at the 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: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor rates published therein are not a part of this
contract .
3-3.2.3 Markup, replace with the following:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
Work by Contractor. The following percentages shall be added to the Contractor‘s costs
2) Materials ............................. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor‘s actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
Work by Subcontractor.
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3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
I
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
five (5), and add the following: The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a
change order, or for the happening of any event, thing, occurrence, or other cause, unless the
Contractor shall have first given the Engineer due written notice of potential claim as hereinafter
specified. Compliance with this section shall not be required as a prerequisite to notice provisions in
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in
measurement or errors of computation as to contract quantities. The written notice of potential claim
for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and
prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon
their discovery and before they are disturbed shall constitute a waiver of all claims in connection
therewith.
The Contractor shall provide the District with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. -
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the 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 the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
-.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor
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shall attempt to resolve all disputes informally through the following dispute resolution chain of - command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. Executive Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor's report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the District will provide its position within 10 working days of receipt of said additional
information or Contractor's presentation of its report. The Contractor may appeal each level's position
up to the Executive Manager after which Contractor may proceed under the provisions of the Public
Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the Executive Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
- All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter I, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($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
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing 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
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled 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
for 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.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
I.
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(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agencymay have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
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 the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than 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
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
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 the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
-
-
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15day 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 pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
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
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for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the 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 or
-
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
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 any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
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 to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
I
4-1.4 Test of Materials,
sentence of the first paragraph.
delete the phrase, “and a reasonable amount of retesting”, from the third
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be bome by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by him
before the delivery is started. All materials proposed for use may be inspected or tested at any time
during their preparation and use. If, after incorporating such materials into the Work, it is found that
sources of supply that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved material from
other approved sources. If any product proves unacceptable after improper storage, handling or for
any other reason it shall be rejected, not incorporated into the work and shall be removed from the
project site all at the Contractor’s expense. -
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Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, delete the following phrase: “Unless otherwise authorized by the
Engineer, the substantiation of offers must be submitted Athin 35 days after the award of Contract.”
add the following: The Contractor is responsible for the satisfactory performance of substituted
items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in
performance, appearance, durability, compatibility with associated items, availability of repair parts
and suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to theAgency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall order,
purchase, transport, coordinate delivery, accept delivery, confirm the quality and quality received,
prepare storage area(s), store, handle, protect, move relocate, remove and dispose excess of all
materials used to accomplish the Work. Materials shall be delivered to the site of the work only
during working hours, as defined in section 6-7.2 and shall be accompanied by bills of lading that
shall clearly state for each delivery: the name of the Contractor as consignee, the project name and
number, address of delivery and name of consignor and a description of the material(s) shipped.
Prior to storage of any materials which have been shipped to or by the Contractor to any location
within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease
agreements for each property where such materials are stored. The lease agreement shall clearly
state the term of the lease, the description of materials allowed to be stored and shall provide for the
removal of the materials and restoration of the storage site within the time allowed for the Work. All
such storage shall conform to all laws and ordinances that may pertain to the materials stored and
to preparation of the storage site and the location of the site on which the materials are stored. Loss,
damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance
to the requirements of this section, both within and outside the limits of work are a part of the Work.
The Engineer shall have the right to verify the suitability of materials and their proper storage at any
time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Delete the first paragraph and substitute the following: In order to minimize
delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with
the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit
the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience
and no additional compensation will be allowed therefor. The portion thus omitted shall be
constructed by the Contractor immediately following the relocation of the utility involved unless
otherwise directed by the Engineer.
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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
and substitute the following: Except as otherwise provided herein and unless otherwise prohibited
by permits from other agencies as may be required by law the Contractor shall begin work within 10
calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. - 6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes painting exterior surfaces of
the TAP Reservoir and improvements to the roof access ladder.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
Modify as follows:
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means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 80 working days after the starting date specified in the Notice to Pmceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work The Engineer may approve
work outside the hours andlor days stated herein when, in hidher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the 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 the second paragraph and add the following: For each consecutive calendar day in excess of the
time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay
the Agency, or have withheld monies due it, the sum offive hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00per
day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Best‘s Key Rating Guide of at least A-:V and are admitted and authorized to conduct
business in the state of California and are listed in the official publication of the Department of
Insurance of the State of California.
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74 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be placed
with insurers that are admitted and authorized to conduct business in the state of California and are
listed in the official publication of the Department of Insurance of the State of California. Policies
issued by the State Compensation Fund meet the requirement for workers’ compensation insurance.
.-
7-5 PERMITS. Except as
specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way,
grading, resource agency and building permits necessary to perform work for this contract on Agency
property, in streets, highways (except State highway right-of-way), railways or other rights-of-way.
Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor
shall obtain and pay for all permits for the disposal of all materials removed from the project. The
cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefore.
Delete the first sentence and add the following four sentences:
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefore.
- 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be
considered incidental to the items of work that they are associated with and no additional payment
will be made therefore.
7-8.6 Water Pollution Control, Add the following: The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWG, NPDES General
Permit number and the “Water Discharge Requirement for Discharges of Storm Water Runoff
Associated with Construction Activity”.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
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and properly maintain at alt times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
-
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT & PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the
U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods, shall not
be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion ."
I 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor's information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. The estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
m
%#Revised: 10/08/03 Contract No. 3853-1 Page 55 of 56 Pages
the contract. All prior estimates and progress payments shall be subject to correction in the Final
I Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Nofice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
4w
’dRevised: 10/08/03 Contract No. 3853-1 Page 56 of 56 Pages
SECTION 01010
Height
Roof Surface Area
SUMMARY OF WORK
29 ft
30,500 sq ft
PART 1--GENERAL
Wall Surface Area
Total Surface Area
The WORK covered under this contract will be performed at the T.A.P. Reservoir site
located at the end of Bluff Court in the City of Carlsbad’s northeast quadrant (see Appendix A
Location Map). The reservoir is a six (6) million gallon potable water, cylindrical, above grade,
prestressed concrete tank with a painted concrete exterior surface.
18,000 sq ft
48.500 sa ft
1.01 DESCRIPTION OF OWNER’S PROJECT
WORK under this contract includes painting of the tanks previously painted exterior
surfaces including the concrete wall and roof and, miscellaneous metal appurtenances. The WORK
includes all surface preparation, coating applications and cleanup as described within Specification
Section 09960 of this contract. Work shall additionally include the removal, and disposal of the
expanded metal encasement for the roof access ladder.
~ *Cylindrical ConcreteTank Dimensions I 1 Diameter 1 197ft 1
* Dimensions were acquired from the “As Built” plans for the tank. Contractor is
responsible to field determine quantity and condition of surfaces to be painted as well as material
quantities for the purpose of contract bidding.
1.02 CONTRACTS
WORK described in Sections 1.01 and 1.03 shall be performed under this contract. The
CONTRACTOR shall cooperate with the agencies, trades or contractors involved in the execution
of other contracts at the project site.
1.03 WORK OF THIS CONTRACT
The WORK to be performed under this contract includes the following:
Removal of Expanded Steel Cage Encasing the Roof Access Ladder:
The CONTRACTOR shall remove and dispose of the existing corroded expanded metal
encasement welded to and covering the roof access ladder cage. Additionally all razor wire, and or
barbed wire shall be removed from the roof access ladder structure and the tank structure and
disposed of by the Contractor. There will be no replacement of the existing expanded metal
encasement or razorbarbed wire. All new and existing metal shall be prepared and painted as
described in Section 09960 of this Contract.
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
SUMMARY OF WORK
01 01 0-1
Preparation of Surfaces for Painting:
The CONTRACTOR shall clean and prepare all concrete and metal surfaces on the tank as
described within Specification Section 09960 of this Contract.
Primer and Finish Coat Installation:
The CONTRACTOR shall install primer and finish coats on metal and concrete surfaces complying
with Specification Section 09960 of this Contract.
Cleanuv:
In addition to the responsibilities described under SSPC Section 7-8.1, the CONTRACTOR shall
be aware of the proximity of adjacent properties and be responsible to clean or repair any surfaces
damaged by the over-spray of the coating material and or from preparation work for coating. The
Contractor shall not use spray application when wind conditions may result in over-spray.
Environmental Compliance:
CONTRACTOR shall comply with current local, state, federal, and other applicable
environmental regulations.
Safety:
CONTRACTOR shall comply with current local, state, federal and other applicable safety
regulations.
PART 2--PRODUCTS Not Used
PART 3--EXECUTION Not Used
**END OF SECTION* *
>-
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
SUMMARY OF WORK
01 01 0-2
SECTION 09960
COATING SYSTEMS FOR WATER STORAGE TANK
(Tnemec, Devoe,)
PART1 GENERAL
1.01
A.
1.02
A.
B.
C.
1.03
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K. _-
SECTION INCLUDES
Coating systems for concrete water storage tank and miscellaneous steel appurtenances.
RELATED SECTIONS
Standard Specifications for Public Works Construction.
Supplemental Provisions to Standard Specifications for Public Works Construction.
Technical Specifications Section 01 01 0.
REFERENCES
ANSVNSF 61 - Drinking Water System Components - Health Effects.
ASTM D 16 - Terminology Relating to Paint, Varnish, Lacquer, and Related Products.
ASTM D 4263 - Indicating Moisture in Concrete by the Plastic Sheet Method.
ASTM F 1869 - Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using
Anhydrous Calcium Chloride.
AWWA C 652 - Disinfection of Water-Storage Facilities.
AWWA D 102 - Painting Steel Water Storage Tanks.
International Concrete Repair Institute (ICRI) Guideline No. 03732 - Selecting and Specifying
Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays.
SSPC-SP 2/3 - Hand / Power Tool Cleaning.
SSPC-SP 6/NACE 3 - Commercial Blast Cleaning.
SSPC-SP I O/NACE 2 - Near-White Metal Blast Cleaning.
SSPC-SP I1 - Power Tool Cleaning to Bare Metal.
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
COATING SYSTEMS
09960-1
L. SSPC-SP 13/NACE 6 - Surface Preparation of Concrete.
-
1.04 DEFINITIONS
A. Definitions of Painting Terms: ASTM D 16, unless otherwise specified.
B. Dry Film Thickness (DFT): Thickness of a coat of paint in fully cured state measured in mils
(1 /lo00 inch).
C. Coating Inspector: NACE Certified inspector provided for this project by the City
I .05 SUBMITTALS
A. Comply with Supplemental Provisions Section 2-5.3.3 - Submittal Procedures.
B. Product Data: Submit manukcturer’s product data for each coating, including generic
description, complete technical data, surface preparation, and application instructions.
C. Color Samples: Submit manukcturer’s color samples showing full range of standard colors.
D. Manufacturer‘s Quality Assurance: Submit manufacturer‘s certification that coatings comply with specified requirements and are suitable for intended application.
E. Applicator’s Quality Assurance: Submit list of a minimum of 5 completed projects of similar size
and complexity to this Work. Include for each project:
1. Project name and location. 2. Name of owner.
3. Name of contractor.
4. Name of engineer.
5. Name of coating manufacturer.
6.
7. Date of completion.
I
Approximate area of coatings applied.
F. Warranty: Submit manufacturer’s standard warranty.
1.06 QUALITY ASSURANCE
A. Manufacturer’s Qualifications:
1.
2.
3.
Specialize in manufacture of coatings with a minimum of 10 years successful experience.
Able to demonstrate successful performance on comparable projects.
Single Source Responsibiliv Coatings and coating application accessories shall be
products of a single manufacturer.
B. Applicator’s Qualifications:
1.
2.
Experienced in application of specified coatings for a minimum of five (5) verifiable years
with this size and complexity of Work.
Applicator‘s Personnel: Employ persons trained for application of specified coatings.
C. Mock-ups: Prepare 10 foot x 10 foot mock-up for each coating system specified using same
CONTRACT NO. 3853-1 T.A.P. RESERVOIR PAINTING COATING SYSTEMS
09960-2
D.
materials, tools, equipment, and pmcedures intended for actual surface preparation and
application. Obtain Engineer's approval of mock-ups. Retain mockups to establish intended
standards by which coating systems will be judged.
Pre-application Meeting: Convene a pre-application meeting one (1) week before start of
application of coating systems. Require attendance of parties directly affecting work of this
section, including Contractor, Engineer, applicator, and manufacturer's representative. Review
the following:
1. Environmental requirements.
2.
3. Surface preparation.
4. Application.
5. Disinfection.
6. Repair.
7. Field quality control.
8. Cleaning.
9. Protection of coating systems.
IO. One-year inspection.
1 I.
Protection of surfaces not scheduled to be coated.
Coordination with other work.
1.07 DELIVERY, STORAGE, AND HANDLING
A. Delivery: Deliver materials to site in manufacturer's original, unopened containers and
packaging, with labels clearly identifying:
1. Coating or material name.
2. Manufacturer.
3. Color name and number.
4. Batch or lot number.
5. Date of manufacture.
6. Mixing and thinning instructions.
B. Storage:
1.
2.
3.
Store materials in a clean dry area and within temperature range in accordance with
manufacturer's instructions.
Keep containers sealed until ready for use.
Do not use materials beyond manufacturer's shelf life limits.
C. Handling: Protect materials during handling and application to prevent damage or contamination.
1.08 ENVIRONMENTAL REQUIREMENTS
A. Weather:
1.
2.
3.
4.
5.
Air and Surface Temperatures: Prepare surfaces and apply and cure coatings within air and surface temperature range in accordance with manufacturer's instructions.
Surface Temperature: Minimum of 5 degrees F (3 degrees C) above dew point.
Relative Humidity Prepare surfaces and apply and cure coatings within relative humidity
range in accordance with manufacturer's instructions.
Precipitation: Do not prepare surfaces or apply coatings in rain, snow, fog, or mist.
Wind: Do not spray coatings if wind velocity is above manufacturer's limit.
B. Ventilation: Provide ventilation during coating evaporation stage in confined or enclosed areas -
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
COATING SYSTEMS
09960-3
in accordance with AWWA D 102. - C. Dust and Contaminants:
1.
2.
Schedule coating work to avoid excessive dust and airborne contaminants throughout
preparation and application process.
Protect work areas from excessive dust and airborne contaminants during coating
application and curing.
1.09 LICENSES
A. A Class C-33 license is required for this contract.
B. Contractor shall have current valid Business License for the City of Carlsbad.
1.10 PAYMENT
A. Payment for all materials required, operations, labor, tools, equipment, and all other incidentals necessary to complete the wrk specified herein shall be included as part of the lumpsum bid amount
unless otherwise specified in this contract.
PART 2 PRODUCTS
2.01 MANUFACTURER -
A. The following manufacturers and coating systems are approved for this project.
1. Tnemec Company Incorporated, 6800 Corporate Drive, Kansas City, Missouri 641 20-1 372.
Toll Free (800) 863-6321. Phone (816) 483-3400. Fax (81 6) 483-3969. Web Site: www.tnemec.com. Local Representative TPC Consulting, (31 0) 637-2363.
2. IC1 Devoe Coatings 925 Euclid Ave. Cleveland, Ohio. Phone (216) 344 8000
Web Site: www.devoecoatinas.com
Local Representative Regina Rakowski (949) 380-1 150
2.02 COATING SYSTEMS FOR CONTRETE TANK
A. Exterior, Previously Painted (Tnemec) :
1. System Type: Elastomeric Acrylate.
2.
3.
4.
5.
6.
Surface Preparation: Per Section 3.03 A
Primer Coat: Series 156 Enviro-Crete. DFT 4.0 to 6.0 mils.
Finish Coat: [Series 156 Enviro-Crete. DFT 4.0 to 6.0 mils.
Total DFT: 8.6 to 14.5 mils.
Finish Color: Tnemec’s Muley - 40BRl.
B. Exterior, Previously Painted (DevoellCI):
I-- 1. System Type: Elastomeric Acrylate. 2. Surface Preparation: Per Section 3.03 A.
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
COATING SYSTEMS
09960-4
3.
5.
6. 7.
Primer: Decraflex 2260. DFT 4.0 to 6.0 mils.
Finish Coat: Decraflex 2260. DFT 4.0 to 6.0 mils.
Total DFT: 8.6 to 14.5 mils.
Finish Color: match Tnemec’s Muley - 40BR.
2.03 COATING SYSTEM FOR EXISTING STEEL
A. Exterior (Tnemec):
1. System Type: Epoxyhrethane.
2.
3.
4. Primer: Series 135 Chembuild. DFT 3.0 to 5.0 mils.
5.
6. Total DFT: 5.0 to 8.0 mils.
7.
8.
Surface Preparation: Per Section 3.03 B
Spot Prime: Series 135 Chembuild. DFT 3.0 to 5.0 mils.
Finish Coat: Series 1075 Endura-Shield II. DFT 2.0 to 3.0 mils.
Finish Color: Tnemec’s Muley - 40BR
For non-slip surfaces mix 2 oz. of S211-0213 glass beads per gallon of coating material.
B. Exterior(Devoe):
1. System Type: Epoxyhrethane.
2.
3.
4.
6.
7.
Surface Preparation: Per Section 3.03 A.
Primer Coat: Bar Rust 231. DFT 3.0 to 5.0 mils.
Finish Coat: Devthane 379H) one (I) coat applied at DFT 3.0 - 5.0 mils
Total DFT: 5.0 to 8.0 mils.
Finish Color: match Tnemec’s Muley - 40BR. -
2.04 ACCESSORIES
A. Coating Application Accessories:
I.
2. Products of coating manufacturer.
Accessories required for application of specified coatings in accordance with
manufacturer’s instructions, including thinners.
PART 3 EXECUTION
3.01
A.
3.2
A.
B.
EXAM1 NATION
Examine areas and conditions under which coating systems are to be applied. Notify Engineer
of areas or conditions not acceptable. Do not begin surface preparation or application until
unacceptable areas or conditions have been corrected.
PROTECTION OF SURFACES NOT SCHEDULED TO BE COATED
Protect surrounding areas and surfaces not scheduled to be coated from damage during surface
preparation and application of coatings.
Immediately remove coatings that fall on surrounding areas and surfaces not scheduled to be
coated.
.-
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINING
COATING SYSTEMS
09960-5
3.03 SURFACE PREPARATION FOR OVERCOATING EXISTING TANK
A. Exterior Concrete:
1.
2.
Prepare previously painted surfaces in accordance with manufacturer's instructions.
Existing system shall be clean and dry prior to overcoating. This can be accomplished by
power washing at 14OoF biodegradable detergent solution (1 to 2 oz. Detergent per gallon
of water) at 1,000-2,000 psi at 3-5 gpm delivery. Rinse with clean tap water.
Feather edge any thick coatings.
Dull glossy surfaces by lightly sanding if necessary.
Ensure surfaces are clean, dry, and free of oil, grease, and other contaminants.
3.
4.
5.
B. Exterior Steel
1.
2.
Prepare previously painted surfaces in accordance with manufacturer's instructions.
Remove visible oil, grease, dirt, dust, chalk, mill scale, nrst, old paint not tightly bonded to
surface, oxides, corrosion products, and other foreign matter in accordance with SSPC-SP
2 or 3.
Feather edge any thick coatings.
Determine compatibility of primer over any unknown previously applied coatings by
preparing a test patch.
Ensure surfaces are clean, dry, and free of oil, grease, and other contaminants prior to
priming.
3. 4. Dull glossy surfaces.
5.
6.
3.04
A.
B.
C.
D.
E.
F.
G.
H.
APPLICATION
Apply coatings in accordance with manufacturer's instructions.
Mix and thin coatings, including multicomponent materials, in accordance with manufacturer's
instructions.
Keep containers closed when not in use to amid contamination.
Do not use mixed coatings beyond pot life limits.
Use application equipment, tools, pressure settings,'and techniques in accordance with
manufacturer's instructions.
Uniformly apply coatings at spreading rate required to achieve specified DFT.
Apply coatings to be free of film characteristics or defects that would adversely affect
performance or appearance of coating systems.
Stripe paint with brush critical locations on steel such as wlds, comers, and edges using
specified primer.
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
COATING SYSTEMS
09960-6
DISINFECTION 3.05
A. -
3.06
A.
B.
C.
3.07
----
A.
6.
Disinfection of Water Contact Surfaces and Filling of Water Storage Tanks:
I. Do not disinfect water contact surfaces or fill water storage tanks until application of
coating systems is complete, coatings haw fully cured, and field quality control inspection
is complete.
Allow number of days in accordance with manufacturer’s instructions and as directed by
disinfecting, or filling with water.
Disinfection: AWA C 652 or as directed by Engineer.
2.
’ Engineer for full cure of coating systems on water contact surfaces before flushing,
3.
REPAIR
Damaged Materials: Repair or replace damaged materials and surfaces not scheduled to be
coated.
Damaged Coatings: Touch-up or repair damaged coatings. Touch-up of minor damage shall be
acceptable where result is not visibly different from adjacent surfaces. Recoat entire surface
where touch-up result is visibly different, either in sheen, texture, or color.
Coating Defects: Repair in accordance with manufacturer’s instructions coatings that exhibit film
characteristics or defects that would adversely affect performance or appearance of coating
systems.
FIELD QUALITY CONTROL
Inspector‘s Services(Coating Inspector Provided by City):
1.
2.
3.
4.
5.
6.
7.
Verify coatings and other materials are as specified.
Verify surface preparation and application are as specified. Verify DFT of each coat and total DFT of each coating system are as specified using wet
film and dry film gauges.
Coating Defects: Check coatings for film characteristics or defects that would adversely affect performance or appearance of coating systems.
a. Check for holidays on interior steel immersion surfaces using holiday detector.
Report:
a. Submit written reports describing inspections made and actions taken to correct
nonconforming work.
b. Report nonconforming work not corrected.
c. Submit copies of report to Engineer and Contractor.
One-Year Inspection: a. Coating Inspector shall attend the one-year inspection described in section 3.11 and
submit a memo to the Cityproviding a coating assessment and subsequent
recommendations.
Coating inspection shall be ptovided by a separate contract therefore no payment will
be made as part of this contract.
Payment:
a.
Manufacturer’s Field Services: Manufacturer’s representative shall provide technical assistance
and guidance for surface preparation and application of coating systems.
1. Payment:
a. Manufacturer’s Field Services are considered necessary to complete the work
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
COATING SYSTEMS
09960-7
specified herein shall be included as part of the lump-sum bid amount unless
othewise specified in this contract.
3.08 CLEANING
A. Remove temporary coverings and protection of surrounding areas and surfaces.
3.09 PROTECTION OF COATING SYSTEMS
A. Protect surfaces of coating systems from damage during construction.
3.10 ONE-YEAR INSPECTION
A. Owner will set date for one-year inspection of coating systems.
B. Inspection shall be attended by Owner, Contractor, Engineer, and manufacturer’s
representative.
C. Repair deficiencies in coating systems as determined by Engineer in accordance with
manufacturers instructions.
_-
CONTRACT NO. 3853-1
T.A.P. RESERVOIR PAINTING
END OF SECTION
COATING SYSTEMS
09960-8
I ~ LOCATION MAP
TE
--- I PROJECT NAME
TAP RESERVOIR E XTER I OR P AI N TI N G
APENDIX PROJECT NO.
3853-1