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HomeMy WebLinkAboutBest Drilling and Pump Inc; 2006-03-22; PWS06-18ENGCARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR MISSION BASIN WATER WELLS DESTRUCTION PROJECT CMWD PROJECT NO. 3903-4 BID NO. PWS06-18ENG December 2005 Revised: 10/08/03 Contract No. 3903-4 Page 1 of 63 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Equipment Material Source Information 13 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation of Subcontractors' Form 17 Designation Of Subcontractors & Amount Of Subcontractor's Bid 19 Bidder's Statement of Financial Responsibility 20 Bidder's Statement Of Technical Ability And Experience 21 Bidder's Certificate Of Insurance For General Liability, Employers' Liability Automotive Liability And Workers'Compensation 22 Bidder's Statement Of Re-Debarment 23 Bidder's Disclosure Of Discipline Record 24 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 26 Contract Public Works 27 Labor And Materials Bond 33 Faithful Performance/Warranty Bond 35 Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) 37 :evised: 10/08/03 Contract No. 3903-4 Page 2 of 63 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms Definitions, Abbreviations And Symbols 1-1 Terms 40 1-2 Definitions 40 1-3 Abbreviations 41 Section 2 Scope And Control Of The Work 2-3 Subcontracts 42 2-4 Contract 42 2-5 Plans And Specifications 43 2-9 Surveying 44 2-10 Authority Of Board And Engineer 47 Section 3 Changes In Work 3-3 Extra Work 48 3-4 Changed Conditions 48 3-5 Disputed Work 49 Section 4 Control Of Materials 4-1 Materials And Workmanship 52 4-2 Materials Transportation, Handling And Storage 53 Sections Utilities 53 5-1 Location 53 5-4 Relocation 53 Section 6 Prosecution, Progress And Acceptance Of The Work 54 6-1 Construction Schedule And Commencement Of Work 54 6-2 Prosecution Of Work 54 6-6 Delays And Extensions Of Time 54 6-7 Time of Completion 54 6-8 Completion And Acceptance 55 6-9 Liquidated Damages 55 Section 7 Responsibilities Of The Contractor 55 7-3 Liability Insurance 55 7-4 Workers' Compensation Insurance 55 7-5 Permits 56 7-7 Cooperation and Collateral Work 56 7-8 Project Site Maintenance 56 7-10 Public Convenience And Safety 57 7-13 Laws To Be Observed 61 Section 9 Measurement & Payment 9-1 Measurement Of Quantities For Unit Price Work 62 9-3 Payment 62 Revised: 10/08/03 Contract No. 3903-4 Page 3 of 63 Pages TECHNICAL SPECIFICATIONS ITEM DIVISION 2- SITE WORK SECTION 02235 SITE DEMOLITION & WELL DESTRUCTION APPENDIX A-Site Map APPENDIX B - Well Logs Revised: 10/08/03 Contract No. 3903-4 Page 4 of 63 Pages 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 4:00 P.M. on the 10™ day of January, 2006, at which time they will be opened and read, for performing the work as follows: Destruction of six water wells and the demolition and removal of related appurtenance as described within the contract plans and specifications. MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 the 2003 supplements 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 $100,000 per contract. Revised: 10/08/03 Contract No. 3903-4 Page 5 of 63 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed, including notarization where indicated are: 1. Contractor's Proposal 8. Certificate of Insurance, the riders covering 2. Bidder's Bond the City, its officials, employees and 3. Non-Collusion Affidavit volunteers may be omitted at the time of 4. Designation of Subcontractors bid submittal but shall be provided by the and Amount of Subcontractor Bid Bidder prior to award of this contract 5. Bidder's Statement of Financial 9. Bidder' s Statement Re Debarment Responsibility 10. Bidder's Disclosure Of Discipline Record 6. Bidder's Statement of Technical Ability and 11. Escrow Agreement for Security Deposits - Experience (optional, must be completed if the Bidder 7. Acknowledgment of Addendum(s) wishes to use the Escrow Agreement for Security) *Pursuant to California Public Contracts Code section 4104(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 $50,000. 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 the 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: Classification C57 Description Water Well Drilling 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 twenty dollars ($20.00) 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 Revised: 10/08/03 Contract No. 3903-4 Page 6 of 63 Pages 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, 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. 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 4107 and 4107.5. 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 will not be held. All wells are located on private property. Any site access must be arranged with the City of Carlsbad. Contact Mark Biskup at (760) 602-2763 to schedule a site visit. 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. 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 ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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: :evised: 10/08/03 Contract No. 3903-4 Page 7 of 63 Pages 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 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. 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' compensation 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. 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. Date ^—terfaine Wods^ Secretary Publish Date: December 7, 2005 *-;eo ~ Revised: 10/08/03 Contract No. 3903-4 Page 8 of 63 Pages CARLSBAD MUNICIPAL WATER DISTRICT MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the 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. 3903-4 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No.—Description- Approximate Quantity nd Unit Price-Total- 1 Destruction of water wells per plans and specifications at 6 EA. Dollars (Each) Total amount of bid items in words: Total amount of bid items in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Award of Contract is based on Total amount of bid. Total amount of bid is equal to the total of bid item no. 1. OPENED, WJ lUHt 'Revised: 10/08/03 Contract No. 3903-4 Page 9 of 63 Pages Addendum(a) No(s). _ &* " _ has/have been received and is/are included in this 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 of the Undersigned in preparing this bid. 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 Directors 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 & 2-^ ^ "7 "Z-- _ , classification f^~ .5" ~? _ which expires on /4>- V -Q~t _ , 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 § 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 § 1 01 64. The Undersigned bidder hereby represents as follows: 1 . That no Board of Directors member, officer, agent, or employee of the Carlsbad 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 him/her 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 QftD _ (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. Revised: 10/08/03 Contract No. 3903-4 Page 10 of 63 Pages 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 (4) Zip Code Telephone No. (Street and Number) (5) E-Mail Address IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (4) Zip Code (Street and Number) . Telephone No. (5) E-Mail Address IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Sigrjature) (Title) EUNICE F. HERNANDEZ I COMM. #1519271 z Notary Public • California § San Bernardino County - Impress Corporate Seal here Revised: 10/08/03 Contract No. 3903-4 Page 11 of 63 Pages (3) Incorporated under the laws of the State of (4) Place of Business 2-fJZ? (Street and Number) City and State 4^r(^-t^L^a^O -, Oft ff E^Vfe-" (5) Zip Code «-> _ Telephone No. (6) E-Mail Address g-gg^^r<^ &, &OL 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: Revised: 10/08/03 Contract No. 3903-4 Page 12 of 63 Pages UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF BEST DRILLING AND PUMP, INC. A California Corporation The undersigned, constituting all of the directors of the above-named corporation, acting pursuant to the authority of Corporations Code Section 307(b), hereby adopt the following recitals and resolutions, effective on the date signed below: WHEREAS, the Board has deemed it to be in the best interests of the corporation to competitively bid on public works contracts for public projects; WHEREAS, said corporate officers shall also be authorized to enter into any contract arising from a submitted bid binding the corporation as set forth herein; NOW, THEREFORE, BE IT RESOLVED, that the following corporate officers are hereby authorized to execute and submit bids on public works contracts for public projects and to execute and enter into any contracts arising from said bids submitted on behalf of the corporation: MARK BEST, President VICKI BEST, Secretary JOHN KENNEDY, Vice President MIKE KENNEDY, Vice President BE IT FURTHER RESOLVED that the above-named corporate officers are further authorized to sign any and all documents which may be necessary to finalize any contract on behalf of the corporation. DATED: August 15, 2005 (vy^^- MARK BEST, Director License Detail Page 1 of2 California Home Tuesday, January 10, 2006 License Detail Contractor License # 826672 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P7071.17. only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 01/10/2006 * * * Business Information * * * BEST DRILLING AND PUMP INC 2950 OLETA LANE HIGHLAND, CA 92346 Business Phone Number: (909) 425-9998 Entity: Corporation Issue Date: 10/24/2003 Expire Date: 10/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * (Class j" Description [C57 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 553714C in the amount of $10,000 with the bonding company DEVELOPERS SURETY AND INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) MARK EARL BEST certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/24/2003 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 059-0000400 Effective Date: 07/01/2005 Expire Date: 07/01/2006 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/10/2006 License Detail Page 2 of 2 Workers Compensation History Personnel List License Number Contractor Name Personnel Name Request Request Request Salesperson Request © 2005 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/10/2006 Personnel List Page 1 of 1 California Home Tuesday, January 10, 2006 Personnel List Contractor License # 826672 CALIFORNIA CONTRACTORS STATE LICENSE BOARD Click on the person's name to see a more detailed page of information on that person. Name Title Association Date Disassociation Date Class More Class MARK EARL BEST RMO/CEO/PRES 10/24/2003 C57 VICKI LYNN BEST OFFICER 10/24/2003 License Number Request Contractor Name Request Personnel Name Request Salesperson Name RequestSalesperson Request © 2005 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/Personnel+List.asp?LicNum=... 01/10/2006 EQUIPMENT/MATERIAL SOURCE INFORMATION TO ACCOMPANY PROPOSAL (NOTE: THIS FORM IS NOT APPLICABLE TO THIS PROJECT) 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. Equipment/Material Manufacturer (Manufacturer) tfW AttSS*** (Manufacturer) (Manufacturer) Revised: 10/08/03 Contract No. 3903-4 Page 13 of 63 Pages BID SECURITY FORM (Check to Accompany Bid) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified "Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of . dollars ($_ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on 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.) Revised: 10/08/03 Contract No. 3903-4 Page 14 of 63 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 KNOW AU_ PERSONS BY THESE PRESENTS: Insurance.Company That weftpgi- D-r-i 11-i n£ and Pump Tnf,,,T as Principe), and _of the West 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 (10%) of the bid amount) ^^LIJ dmu!nL ten perc<*B|twhich payment, well and truly made, we bind ourselves, our i &rrs, exect&>fsa '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. MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 Carlsbad Municipal Water District of _j the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. • • Revised: 10/08/03 Contract No. 3903-4 Paae15of 63Paoes In the event Principal executed this bond as en individual, ft is agreed that the death of Principal shafl not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this _j[_ of_C day PRINCIPAL: Executed by SURETY this ^ January 2QOfi ... SURETY: day of Best Dr-i 1 1 -i »„ anl^i (name of Principal) By- ...... (sign here) (print name here) Insurance Company of the West (name of Surety) 191 West Sh6w Ave. Ste.109 Fresno CA 93704 (address of Surety) (559) 224-7778 (telephone number of Surety) (Title and Organization of Signatory) By: (sign here) (print name here) By:_ (signatut^of Attomey-in-Fact) • Jon H-»—Nelson(printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If 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.) ^^j^^ (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:.Miry Deputy GeneraTCouns^l Revised: 10/08/03 Contract No. 3903-4 Page! 6 ot 63 Pages ALL-PURPOSE ACKNOWLEDGMENT State of California County of On O2 V (DATE) personally appeared CH personally known to me 1D TORRES ton# bttc OfdkioCoi^ry Expires JtH 1428 )72 •CoMi nta 20071 DAVID TOR^tS Commission # i 428072 Notary Public - California < San Bernardino County j My Comm. Expires Jul 1, 20071 proved to me on the basis of satisfactory evidence to be the person^ whose namej^) is/a*e" subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/Jjef7t,h.eir authorized capacity(ie-s^T and that by his/ber/th-err signature^ on the instrument the person(s); or the entity upon behalf of which the person(#T acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATIONVm .mUNALi IWf U1CMA1IUW ^mmmmmmn—^—mmHam—^^ The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I I TVTr»i\7ir\i i A i TITLE OR TYPE OF DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 12/98 VALLEY-SIERRA, 800-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Kings On January 6, 2006 before me, Stella Mejia Chavez, personally appeared Jon H. Nelson, 1X1 personally known to me -OR- I I SftL>.A MI..I.M ...h/uti j Commission # 1564493 I Notary Public - CaMomta \ Kings County f My ConmBqalfM Mar26,20OTf proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature oJTNotary 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 INDIVIDUAL CORPORATE OFFICER D PARTNER(S) D LIMITED [El ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Proposal Bond 1 Page January 6, 2006 CA-ICW 24 (7/00) No. 0004149 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JON H. NELSON, STELLA M. CHAVEZ, TODD P. NELSON their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California -j { SS.County of San Diego On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf ot the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, 1 have set rny hand this fi t h day of Januar1 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. Company Profile Page 1 of/ Company Profile INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 1 1455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 27847 NAIC Group #: 0922 California Company ID #: 2071 -9 Date authorized in California: May 17,1972 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA 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 glo AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 01/10/2006 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 2-3.1 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 ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractors) 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 rejection 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 incorporated 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 installing 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. Revised: 10/08/03 Contract No. 3903-4 Page 17 of 63 Pages 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. 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 1771.1 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 form pages shall be entered in the location provided on each type of form so duplicated. Revised: 10/08/03 Contract No. 3903-4 Page 18 of 63 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 Portion of Work* /J iQ<t+*t& Subcontractor Name and Location of Business Amount of Work by Subcontractor in Dollars* ^ Subcontractor's License No.*_ Page of.. 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 submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." evised: 10/08/03 Contract No. 3903-4 Page 19 of 63 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised: 10/08/03 Contract No. 3903-4 Page 20 of 63 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised: 10/08/03 Contract No. 3903-4 Page 21 of 63 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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. All 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 coverage is for "any auto" and cannot be limited in any manner. 'Revised: 10/08/03 Contract No. 3903-4 Page 22 of 63 Pages llildb t'HUFUJarl Welson ins.fldldii/UBB Jr-bBl ACQRpK CERTIFICATE OF LIABILITY INSURANCE PRODUCER FAX Carl Nelson Insurance Agency, Inc. 1216 N Douty Street Han ford, CA 93230 INSURED Best Drilling and Pump Inc 2950 01 eta Lane Highland, CA 92346 OATE (MMJDDftYYY) 01/31/2006 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 INSURER A: interstate Fire & Casualty INSURERS. Safeco Insurance Company INSURER C: INSURER D: INSURER E: NAICft 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A B ADD'lNSRC X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | X | OCCUR CEffL AGGREGATE LIMIT APPLIES PER: n POLICY IHJECT FUOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED Al/TOS NON-OWNED AUTOS 6ARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | [ CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yoS, dascrite underSPECIAL PROVISIONS below OTHER POLICY NUMBER AGL1400375 01CG5875232 POLICY EFFECTIVEDATF (MhUnn/W) 07/12/2005 06/11/2005 POLICY EXPIRATIONnATF (UMmrwvi 07/12/2006 06/11/2006 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDDDCUI£C£ (C* rm ir^nr-*) MED EXP (Any ono fwraon) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMHNED SINGLE LIMIT {Ea accident) BODILY INJURY(Per person) BODILY INJURY(poracddsm) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT (VTHFRfHAN EAACC AUTO ONLY; AQG EACH OCCURRENCE AGGREGATE I WCSTATu- 1 OTH-1 TDRV 1 IMtT<t 1 FR E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE e.L. DISEASE . POLICY LIMIT * 1,000,000 s 50,000 ^ Excl udec » 1,000,000 * 2,000,000 s 1,000,000 1,000,000 s $ s $ s t f t $ s s $ s $ DESCRIPTION OF OPERATIONS / LOCATlpNS / VEHJCl^ES £ EXCLUSIONS ADDED Kf ENDORSEMENT / SPECIAL PROVISIONS me City of Carlsbad, its officials, and employees are named as additional insured with respect to the general liability per form CC 2010 07/04 and the auto per the attached form CA 71 35 12 93 tote: 10 day notice of cancellation for non-payment of premium te: Mission Basin Water Wells Destruction Project, Bid No. PWS06-18ENC, Project No. 3903-4 CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Attn: Kevin Davis 1635 Faraday Ave. Carlsbad, CA 9200S / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURETO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY "\ Of Hty KjfJpilPON THE INJ5URER, ACORD 25 (2001/08)CORPORATION 1988 t'HUn-Uarl Nelson ins. bby-by4-ldl4id T-43b my/UBb t-bfcil IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights lo the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 11:0* tnun-uari Nelson ins.b-bbl POLICY NUMBER: AGL 1400375 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orqanization(s): Any person or organization for whom you are performing operations when you and such person or organization have agreed In writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Locatlon(s) Of Covered Operations City Of Carlsbad Public Works 1635 Faraday Ave. Carlsbad CA 92008 Mission Basin Water Wells Destruction Project Bid No. PWS06-18ENG Project No. 3903-4 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 -13-'ld6 Hilda JrHJM-Uarl Nelson Ins, bby-bfc!4-ldl4y T-43b ndldb/ldldfci t-btil "" REPRINTED I=ROM THE FORMS LIBRARY "" THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CA 713512 93 Policy # 01CG5875232 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective 1-31-06 Named Insured Best Drilling and Pump Inc.1 Reprt sentai Schedule Name of Person or Organization; Address: City of Carlsbad Public 1635 Faraday Ave. Carlsbad, CA 92008 Works Premium: $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organization(s) shown In the Schedule, bul only with respect to "bodily injury" or "property damage" result! ng from the acts or omissions of: 1. You; 2. Any of your employees or agents; 3. Any person, except the additional insured or any employee or agent of the additional insured, operati ng a covered "auto" with the permission of any of the above. B. The insurance afforded by (his endorsement does not apply: To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organizatio n(s) shown in the Schedule. CA 71 35 12 93 Page 1 ol 1 COMPENSATION INSURANCE FUND b 11: Id* FHUn-Uarl Nelson Ins. bby-b*4-ldl4a !-4c!b hUHB/BBB b'-bbl CERTHOLDER COPY NE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-31-2006 GROUP: 000059 POLICY NUMBER: 0000400-2005 CERTIFICATE ID: 17 CERTIFICATE EXPIRES: O7-01-2006 07-01-2005/07-01-2006 CITY OF CARLSBAD PUBLIC WORKS NE JOB:MISSION BASIN WATER WELLS DESTRUCTION PROJECT BID NO. PWS06-13ENG 1635 FARADAY AVE. PROJECT NO. 3903-4 CARLSBAD CA 92008 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by theCalifornia Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except uponao days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and doss not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any rsqulrement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. JTHORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT #1BOO - MARK BEST P.T - EXCLUDED. ENDORSEMENT 0160O - JOHN KENNEDY VP - EXCLUDED. • ENDORSEMENT #1600 - MIKE KENNEDY VP - EXCLUDED. ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-25-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BEST DRILLING AND PUMP INC AND/OR BEST NE ENGINEERING SERVICES & TECHNOLOGIES 2950 OLETA LN HIGHLAND CA 92346 [B18.NE] lntv.i-05) PRINTED : 01-31-2O06 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? V yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? 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: fay (name of Contractor) (/ " (sign here) (print name/title) Page of of pages of the Re Debarment form Revised: 10/08/03 Contract No. 3903-4 Page 23 of 63 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 be 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 within an eight year period? yes 'no 2) Has the suspension or revocation of your contractors license ever been stayed? 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? yes 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? yes no 5. 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 provide full disclosure.) o, /Page I of I pages of this Disclosure of Discipline form Revised: 10/08/03 Contract No. 3903-4 Page 24 of 63 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 provide full disclosure. BY CONTRACTOR: (name of Contractor) (sign here) (print name/title) Page of pages of this Disclosure of Discipline form Revised: 10/08/03 Contract No. 3903-4 Page 25 of 63 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 State of California County c ) (Name of Bidder) ( being first duly sworn, deposes and says that he or she is (Title) (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 not 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 penaltv of perjury that the foregoing is true and correct and that^thjs executed on the £j day of \Jift~l\ b M^Sffe>-- fidavit was Signature of Biddf Subscribed and sworn to before me on the day of.., 19. (NOTARY SEAL) EUNICE F. HERNANDEZ I COMM. #1519271 z Notary Public • California 5 San Bernardino County - Comm. Expires Oct.11 2008 f Signature of Notary Revised: 10/08/03 Contract No. 3903-4 Page 26 of 63 Pages CONTRACT PUBLIC WORKS , This agreement is made this cffi day of MaiTcV^ , iQ_££&i by and between the Carlsbad Municipal Water District of Carlsbad^ California, a municipal corporation, (hereinafter called "District"), and BESTDRILLING AND PUMP INC. whose principal place of business is 2950 OLETA LANE HIGHLAND CA 92346 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 39034 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform 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. 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, and the 2003 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. Revised: 10/08/03 Contract No. 3903-4 Page 27 of 63 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. 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 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III 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 DSC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying 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. Revised: 10/08/03 Contract No. 3903-4 Page 28 of 63 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. 10. 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 any manner. 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. Revised: 10/08/03 Contract No. 3903-4 Page 29 of 63 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District and 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District and City, its officials, employees or volunteers. 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 Code subsections 20104.2(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. Revised: 10/08/03 Contract No. 3903-4 Page 30 of 63 Pages (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 recover 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 11 above. (Initial) 1 2. Maintenance of Records. Contractor shall maintain and make available at no cost to the 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 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. Revised: 10/08/03 Contract No. 3903-4 Page 31 of 63 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or" Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL/ SIGNATORIES MUST BE ATTACHED / , (CORPORATE SEAL) | CONTRACTOR: EUNICE F. COMM. #1519271 Notary Public • California San Bernardino DISTICT, a of California (name of Cpntractor) (print name and title) (print name and title) President or vice-president and secretary or assistant secretary must sign for 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 Deputy General Counsel Revised: 10/08/03 Contract No. 3903-4 Page 32 of 63 Pages UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF BEST DRILLING AND PUMP, INC. A California Corporation The undersigned, constituting all of the directors of the above-named corporation, acting pursuant to the authority of Corporations Code Section 307(b), hereby adopt the following recitals and resolutions, effective on the date signed below: WHEREAS, the Board has deemed it to be in the best interests of the corporation to competitively bid on public works contracts for public projects; WHEREAS, said corporate officers shall also be authorized to enter into any contract arising from a submitted bid binding the corporation as set forth herein; NOW, THEREFORE, BE IT RESOLVED, that the following corporate officers are hereby authorized to execute and submit bids on public works contracts for public projects and to execute and enter into any contracts arising from said bids submitted on behalf of the corporation: MARK BEST, President VICKI BEST, Secretary JOHN KENNEDY, Vice President MIKE KENNEDY, Vice President BE IT FURTHER RESOLVED that the above-named corporate officers are further authorized to sign any and all documents which may be necessary to finalize any contract on behalf of the corporation. DATED: August 15, 2005 MARK BEST, Director Bond Number 2173361 Premium Included with Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad , State of California , on JANUARY 19. 2006 , has awarded to BEST DRILLING AND PUMP INC. (hereinafter designated as the "Principal"), a Contract for: MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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, BEST DRILLING AND PUMP INC. , as Principal, (hereinafter designated as the "Contractor"), and Insurance Company of the West as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of FORTY EIGHT THOUSAND SIX HUNDRED Dollars ($48,600), said sum being an amount equal to: One hundred percent (100%) 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 his/her 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 3181, 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. 10/08/03 Contract No. 3903-4 Page 33 of 63 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. Executed by CONTRACTOR this. day of..,19. CONTRACTOR: (name of Contractor) By:_ (sign here) Executed by SURETY this 31st day of January , 2006 . SURETY: Insurance Company of the West (name of Surety) 191 West Shaw Ave. Ste. 109 Fresno, CA 93704 (address of Surety) (559) 224-7778 (print name here)(telephone number of Surety) (title and organization of signatory) By: (sign here) (print name here) By: /f^ignature of Attomey-in-Fact)J~ Jon H. Nelson (printed name of Attorney-in-Fao|)N^ffiB»y My c<m (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 Deputy General Cou 'Revised: 10/08/03 Contract No. 3903-4 Page 34 of 63 Pages ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^^ J(] On Cl/V?/'! personally appeared ss. before me, (NOTARY) personally known to me - OR- AVIDTORRf ilsslon#14 Public - Cc srnardlno C n. Expires Ji... 8072 I tofnlo J wrty f 1.2007f 1DAVID TORRES Commission # 1428072 Notary Pubic- CoWomta San Bernardino County f My Comm. Expires Jirf 1,2007 [ 071» 4 SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(g) whose namej^s) is/a*er subscribed to the within instrument and acknowledged to me that he/§h€7jtbey~ executed the same in his/J^ef/tbctr authorized capacity(ia<F, and that by his/jjet/lbetr signature's}' on the instrument the person)^, or the entity upon behalf of which the person(s}r acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 12/98 VALLEY-SIERRA, 800-362-3369 No. 0004149 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JON H. NELSON, STELLA M. CHAVEZ, TODD P. NELSON their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego SS. On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. FRANCIS FAFAUL I Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 31st day of January _ , 2006 . Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or tiling claims, please contact Surety Claims, ICW Group, 1 1455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. Bond Number 2173361 Premium $1215.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad , State of California , on JANUARY 19. 2006 has awarded to BEST DRILLING AND PUMP INC. (hereinafter designated as the "Principal"), a Contract for: MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 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 atiout 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, BEST DRILLING AND PUMP INC. as Principal, (hereinafter designated as the "Contractor"), and Insurance Company of the West as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of FORTY EIGHT THOUSAND SIX HUNDRED Dollars ($48,600), said sum being an amount equal to: One hundred percent (100%) 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 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. i As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 dbligations 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. 3903-4 Page 35 of 63 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. Executed by CONTRACTOR this day of _,19_ Executed by SURETY this of January 31st day 2006 CONTRACTOR: (name of Contractor) By:. (sign here) SURETY: Insurance Company of the West (name of Surety) 191 West Shaw Ave. Ste. 109 Fresno, CA 93704 _ (address of Surety) (559) 22A-7778 (print name here)(telephone number of Surety) (title and organization of signatory) By: (sign here) (print name here) By: ignature of Attomey-in-Fact) Jon H. Nelson (printed name of Attorney-in-Fact) (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: Deputy General Counsel 'Revised: 10/08/03 Contract No. 3903-4 Page 34 of 63 Pages ALL-PURPOSE ACKNOWLEDGMENT 5AV1D1 ntetton* /Pubic- iemoidno' im. I State of California County of SS. IKJO On (DATE) personally appeared before me, (NOTARY) SIONER(S) personally known to me - OR- l 1.2007 DAVID TORRES Commission # 1428072 Notary Public - California f San Bernardino County f My Comm. Expires Jul 1,2007 f •••••vvl ffl// proved to me on the basis of satisfactory evidence to be the personj^ whose name^O is/aKTsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/U«i'7jj*eif authorized capacity(ie<r, and that by his/ker/ikerT signature^ on the instrument the personj^r, or the entity upon behalf of which the person(«7 acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATIONv. **UNAJL INrUKinAlIUN ^^^^^^^MHMMM^^^^ The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I I iMr»T\/ini i A iINDIVIDUAL CORPORATE OFFICER TITLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 12/98 VALLEY-SIERRA, 800-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Kings On January 31, 200 6 before me, Stella Mejia Chavez, Notary Public, personally appeared Jon, H. Nelson, Ex] personally known to me -OR- I I STbUAMEJIA CHAVEZ Commwon * 1564493 Notary Pubdc-Coltomlo My Comm. Expire MOT 26.2000 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatu^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 D INDIVIDUAL D CORPORATE OFFICER IEI PARTNER(S) D LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond 2 Pages January 31,2006 CA-ICW 24 (7/00) No. 0004149 1CW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JON H. NELSON, STELLA M. CHAVEZ, TODD P. NELSON their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY State of California County of San Diego Jeffrey D. Sweeney, Assistant Secretary } John L. Hannum, Executive Vice President SS. On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. FRANCIS FAFAULwfli"SANCHEGO U Uo Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and tliat the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, 1 have set my hand this 31st day of January , _ Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 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 the Mission Basin Water Wells Destruction Project, Contract No. 3903-4 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. 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. Revised: 10/08/03 Contract No. 3903-4 Page 37 of 63 Pages 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. 10. 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: For District: Title FINANCE DIRECTOR Name Signature Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature. Address Revised: 10/08/03 Contract No. 3903-4 Page 38 of 63 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:Title MAYOR Name Signature Address For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address 'Revised: 10/08/03 Contract No. 3903-4 Page 39 of 63 Pages SUPPLEMENTAL PROVISIONS FOR MISSION BASIN WATER WELLS DESTRUCTION PROJECT CONTRACT NO. 3903-4 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 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 transporbtion. 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 City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. ORevised: 10/08/03 Contract No. 3903-4 Page 40 of 63 Pages City Manager — the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original 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. 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 or employee of the Agency or a public utility. Deputy City Engineer, Construction Management and Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Apts Bldg CMWD CSSD cfs Comm DR E G gal Gar GNV gpm IE LCWD Word or Words Apartment and Apartments Building and Buildings Carlsbad Municipal Water District Carlsbad Supplemental Standard Drawings Cubic Feet per Second Commercial Dimension Ratio Electric Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Invert Elevation Leucadia County Water District Abbreviation MSL MTBM NCTD OHE OMWD ROW S SDNR SDRSD SFM T UE W VWD MSL Word or Words Mean Sea Level (see Regional Standard Drawing M-1 2) Microtunneling Boring Machine North County Transit District Overhead Electric Olivenhain Municipal Water District Right-of-Way Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawing Sewer Force Main Telephone Underground Electric Water, Wider or Width, as applicable Vallecitos Water District Mean Sea Level (see Regional Standard Drawing M-1 2) 'Revised: 10/08/03 Contract No. 3903-4 Page 41 of 63 Pages 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 City Council 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 City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty 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 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 ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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. The faithful performance/warranty 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 materials 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 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 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. Revised: 10/08/03 Contract No. 3903-4 Page 42 of 63 Pages 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 the 2003 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by 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 and the Technical Specifications section of this contract. 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: 1) Permits from other agencies as may be required by law. 2) Technical Specifications in this document. 3) Supplemental Provisions, with appendices. 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 Diego Area 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 approved 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. 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.g. The label '4-C' would indicate the third instance that the fourth submittal had 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 letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. Revised: 10/08/03 Contract No. 3903-4 Page 43 of 63 Pages When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor 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 within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Revised: 10/08/03 Contract No. 3903-4 Page 44 of 63 Pages Add the following section: 2-9.2.1 Submitted of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8/2' by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Revised: 10/08/03 Contract No. 3903-4 Page 45 of 63 Pages TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centeriine Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Utilities ®, ® Signs ® Pavement Markers® Stake Description © SDRS M-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue-top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP Centeriine or Parallel to Centeriine Spacing®, © <300m (1000'), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 15m (50') on tangents & < 7.5m (25') on curves, Painted line - continuous Intervisible and < 15m (50') < 60 m (200') on tangents, < 15m (50') on curves when R> 300m (1000') & 7.5m (25') on curves when R< 300m (1000') < 15m (50') < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') < 7.5m (25') or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 7.5m (25'), beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% At sign location 60 m (200') on tangents, 15m (50') on curves when R z 300m (1000') & 7.5m (25') on curves when R < 300m (1000') For PCC surfaced streets lane cold joints will suffice Lateral Spacing <5>, <S> on street centeriine at clearing line Grade Breaks & <7.6 m (25') N/A ( constant offset) N/A <6.7 m (22') edge of pavement, paving pass width, crown line & grade breaks as appropriate as appropriate Line point at pavement marker location(s) Setting Tolerance (Within) 7 mm (0.02') Horizontal, also see section 2-9.2.1 herein 0.3 m(V) Horizontal 30 mm (0.1 ') Vertical & Horizontal 30 mm (0.1') Horizontal 30 mm (O.V) Vertical & Horizontal lOmmCV)Horizontal & 7 mm ( V) Vertical 10 mm ("An Horizontal & 7 mm (V) Vertical 10mm(78")Horizontal & 7 mm ( V) Vertical 10 mm ('/a") Horizontal & 7 mm (V) Vertical 30 mm (O.V) Vertical & Horizontal 7 mm ("A") Horizontal ® Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centeriine. © Some features are not necessarily parallel to centeriine but are referenced thereto ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) Revised: 10/08/03 Contract No. 3903-4 Page 46 of 63 Pages TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, FV W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange Flagging and marking cards, if used. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments 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 subcontractors 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 this 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 subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised: 10/08/03 Contract No. 3903-4 Page 47 of 63 Pages SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 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 the 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 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 and 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 surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 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. 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. 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. Revised: 10/08/03 Contract No. 3903-4 Page 48 of 63 Pages The Contractor shall provide the City 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 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City"8 proposed final estimate in order for it to be further considered." By: Title: Date: 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 provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management and Inspection 4. Deputy Public Works Director 5. Public Works Director 6. City 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 City 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 City 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 City Manager after which the 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 City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised: 10/08/03 Contract No. 3903-4 Page 49 of 63 Pages 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 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) 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)(1) "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. (b)(1) 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 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 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)(1) 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. Revised: 10/08/03 Contract No. 3903-4 Page 50 of 63 Pages (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. (f) 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 15-day period, any party may petition the court to appoint the mediator. (b)(1) 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 1141.11 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 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 1141.10) 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. Revised: 10/08/03 Contract No. 3903-4 Page 51 of 63 Pages 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. 4-1.4 cTest of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. 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 borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer 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. 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, 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 the Agency. Revised: 10/08/03 Contract No. 3903-4 Page 52 of 63 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity 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. Delete the first paragraph and substitute 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. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. 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 the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 'Revised: 10/08/03 Contract No. 3903-4 Page 53 of 63 Pages SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add the following section: 6-1.1 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 therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 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. Modify as follows: 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 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 complete all field work within 120 calendar days following mobilization. 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 7:00 a.m. and 4:00 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 and/or days stated herein when, in his/her 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. No field work shall be conducted between February 1 and September 1 in compliance with the Project's CEQA Document. 'Revised: 10/08/03 Contract No. 3903-4 Page 54 of 63 Pages 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 of $500.00 Dollars (five-hundred dollars). Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 Dollars (five-hundred dollars) per 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. Modify as follows: 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. 7-4 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. evised: 10/08/03 Contract No. 3903-4 Page 55 of 63 Pages 7-5 PERMITS. Delete the first sentence and add the following four sentences: 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. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 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 Regional Water Quality Control Board, San Diego Region Order 2001-01, NPDES No. CAS0108758, February 21, 2001, and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". In addition to the above requirements, the Contractor shall adhere to best management practices (BMPs) as noted on the plans, Water Pollution Control Plan (WPCP), and as detailed in the Caltrans Construction Site Best Management (BMPs) Manual, November 2000 edition. Revised: 10/08/03 Contract No. 3903-4 Page 56 of 63 Pages ID SS-1 SS-2 SS-3 or SS-6 SC-6 SC-7 SC-10 NS-6 NS-7 NS-8 NS-9 NS-10 WM-1 WM-2 WM-4 WM-5 WM-9 BMP Name Scheduling Preservation of Existing Vegetation Hydraulic Mulch or Straw Mulch Gravel Bag Berm Street Sweeping and Vacuuming Storm Drain Inlet Protection Illicit Connection/Illegal Discharge Detection and Reporting Potable Water/Irrigation Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance Material Delivery and Storage Material Use Spill Prevention and Control Solid Waste Management Sanitary/Septic Waste Management 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. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. Severity two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification to all residences on Winthrop Avenue. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "G". Revised: 10/08/03 Contract No. 3903-4 Page 57 of 63 Pages In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 438-1161X4411 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980X2937 5) Carlsbad Traffic Signals Operations (760)438-1161X4500 6) North County Transit District (760) 743-9346 7) Coast Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Revised: 10/08/03 Contract No. 3903-4 Page 58 of 63 Pages Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.Let seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic, cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 2 feet, nor operate equipment within 2 feet from any traffic lane occupied by traffic. For equipment the 2 feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lane, not less than 12 feet wide, shall be open for use by public traffic in each direction of travel. 'Revised: 10/08/03 Contract No. 3903-4 Page 59 of 63 Pages Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the 'Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period Revised: 10/08/03 Contract No. 3903-4 Page 60 of 63 Pages specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. The Contractor may choose to modify, add to or supplement the TCP shown on sheets 6 through 9 of Drawing 401-8 of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheets 6 through 9 of Drawing 401-8. The level of detail, format, and graphics shall be of quality and size no less than shown on sheets 6 through 9 of Drawing 401-8. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. 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 and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall 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. Revised: 10/08/03 Contract No. 3903-4 Page 61 of 63 Pages SECTION 9 - MEASUREMENT AND 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" 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 (10) 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. This 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 the contract. All prior estimates and progress payments shall be subject to correction in the Final 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. Revised: 10/08/03 Contract No. 3903-4 Page 62 of 63 Pages 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 Notice 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. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. 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. Revised: 10/08/03 Contract No. 3903-4 Page 63 of 63 Pages SECTION 02235 SITE DEMOLITION AND WELL DESTRUCTION PARTI--GENERAL 1.1 WORK REQUIRED UNDER CONTRACT DOCUMENTS A. The work generally includes, but is not limited to, furnishing products, labor, tools, transportation, and service to construct complete the following: 1. Perform all operations in a courteous, businesslike manner, in compliance with all local, state, and federal regulations. 2. Provide written notification of construction to property owners(s) a minimum of 2 weeks prior to commencement of work the their property, and provide schedule of work to owners as related to that property. 3. Disassemble, remove and dispose of all remaining well appurtenances. 4. Provide and acquire approval of well destruction plan for each well, from the San Diego County Department of Environmental Services. 5. Dispose of all water and residual oils removed from wells per California EPA regulations. 6. Dispose of all contaminated solids including oil residues on the pump, shaft and pump column per California EPA regulations. 7. Destroy wells in accordance with San Diego County Department of Environmental Services approved plans. 8. Remove all subsurface well appurtenances and structures from the well site a minimum of 2- feet below existing grade. Contractor should anticipate concrete structures including thrust blocking and foundations of significant hardness. 9. Provide well reports for each well to the State Department of Water Resources, San Diego County Department of Environmental Services, and City. 10. Deviation from the stated procedures of the contract and specifications shall be made only by the approval of a written request to the Engineer. 11. The Contractor shall have current valid licenses to do business in the City of Oceanside and Carlsbad and conform to the Cities of Oceanside and Carlsbad's laws and codes as they apply in the performance of this contract. December 2005 GENERAL SCOPE OF WORK Site Demolition and Well Destruction Contract No. 3903-4 01010-Page 1 of 7 12. No fieldwork shall be performed between February 1 and September 1 in conformance with the Project's CEQA document. 1.2 PROJECT LOCATION A. The project it located in the City of Oceanside north of Mission Avenue and west of Foussat Road. B. For Location Map see Appendix "A". C. Original Well Profiles and Logs are provided in Appendix "B". 1.3 REGULATORY REQUIREMENTS A. Conform to applicable jurisdictional authority regulations and codes for disposal of debris. B. Conform with all applicable mitigation specified in the projects CEQA (Mitigated Negative Declaration) document. C. Contractor shall comply with all applicable laws and ordinances regarding hazardous materials. 1.4 REFERENCES A. California Department of Water Resource, Bulletin 74-90 and Bulletin 74-81. B. Standard Specifications for Public Works Construction, 2003 edition and supplements thereto. 1.6 QUALITY ASSURANCE A. Foreman: Individual specializing in water well drilling and destruction will have a minimum of five (5) years documented experience in projects of similar scale and scope. 1.7 LICENSES A. A Class C-57 license is required for this contract. December 2005 GENERAL SCOPE OF WORK Site Demolition and Well Destruction Contract No. 3903-4 01010-Page 2 of 7 B. Contractor shall have current valid Business License for the City of Oceanside and the City of Carlsbad. 1.8 PAYMENT A. Payment for all materials required, operations, labor, tools, equipment, and all other incidentals necessary to complete the work specified herein shall be included as part of the lump-sum bid amount unless otherwise specified in this contract. PART 2—PRODUCTS 2.1 OWNER SALVAGED ITEMS A. There are no items to be salvaged to the owner which is currently the City of Carlsbad. 2.2 Materials A. Contractor shall use only materials specifically approved by the San Diego County Department of Environmental Services for the destruction of the wells in this contract. PART 3—EXECUTION 3.1. PROCEDURE OF WORK Unless approved by the Engineer the procedure of work for each well shall be done as follows: A. Inspection and Acquisition of Approved Destruction Plan shall be done in accordance to State of California and San Diego County regulations. B. Well Destruction shall consist of: the destruction of the wells in compliance with the approved destruction plans and filing of well destruction certification with the State of California Department of Water Resources and the San Diego County Dept of Environmental Health. December 2005 GENERAL SCOPE OF WORK Site Demolition and Well Destruction Contract No. 3903-4 01010-Page 3 of 7 3.2. SURFACE CONDITIONS A. Verify that work of this section may be completed in accordance with the plans and specifications. B. Do not proceed with work in areas of discrepancy until all such discrepancies have been resolved. 3.4 GENERAL SITE DEMOLITION A. Demolish in an orderly and careful manner. Protect adjacent structures, utilities and plants. B. Remove demolished materials from the site as work progresses. Upon completion of work, leave site in a clean condition. C. Remove all portions of structures including footings and foundations a minimum of 2 feet below final grade. Fill any voids or excavations resulting from demolition. Scarify the top 6 inches and compact demolition sites to 90% relative compaction. 3.4 DISPOSAL A. Dispose of all demolished material, trash, debris, and other materials in accordance with the regulations of jurisdictional authority. Well pumps have been removed as part of a separate contract. Contractor is responsible for the removal and disposal of any and all remaining materials as required for the well destruction. 3.5 DUST CONTROL A. Provide dust control per the Standard Specification for Public Works Construction latest editon. 3.6 WATER ACQUISITION A. There is no available water at the project site. The Contractor is responsible for acquiring or importing any water that may be necessary to complete the work. Cost for water shall be considered as part of the Contract and no additional payment will be allowed therefore. December 2005 GENERAL SCOPE OF WORK Site Demolition and Well Destruction Contract No. 3903-4 01010-Page 4 of 7 3.6 SOUND CONTROL A. The noise level from the Contractor's operation shall conform with the City of Oceanside's applicable code. 3.7 AIR POUTION AND WATER POLLUTION A. Take all measures to reduce air and water pollution caused by material or equipment used during construction. B. Do not dispose of any volatile wastes, oils, trash or debris in storm or sanitary sewers. C. Do not allow any waste material to fall into the well or be washed into streams or storm drains. D. Comply with all governing regulatory requirements. 3.8 WELL DESTRUCTION A. The Contractor shall receive approval for the well destruction methods from the San Diego County Department of Environmental Health and take out necessary permits prior to commencing work. The Contractor shall comply with the permitted methods through the completion of the work. The methods approved and permitted by the Department of Environmental Health for well destruction shall supercede those described in this contract. B. Before the wells are destroyed, they shall be investigated to determine there condition, details of construction, and whether there are obstructions or voids that will interfere or impact the process of filling and sealing. This shall include the use of downhole television and photography for visual inspection of the well. Inspection shall comply specifically with that required by the Department of Environmental Health and Bulletins 74-81, 74-90 as they apply to this project. C. Filling and sealing methods shall be approved and comply specifically with that required by the Department of Environmental Health and Bulletins 74-81, 74-90 as they apply to this project. D. The requirements identified in Bulletins 74-81, 74-90 shall be observed hi the placement of material. Deviations from the aforementioned bulletins shall be approved and December 2005 GENERAL SCOPE OF WORK Site Demolition and Well Destruction Contract No. 3903-4 01010-Page 5 of 7 permitted by the Department of Environmental Health. E. Materials AH materials used must be consistent with those approved by Department of Environmental Health for this contract. 1. Sealing materials shall have such a low permeability the volume of water passing through them is of small consequence. Suitable impervious materials include neat cement, sand-cement grout, concrete and bentonite clay, all of which are described in Section 9 paragraph D of Bulletin 74-81. 2. Acceptable filler material may include, per Bulletin 74-81, clay, silt, sand, gravel, crushed stone, native soils and mixtures of the aforementioned types. Materials of organic mater shall not be used. F. Additional Requirements 1. A hole shall be excavated around the well casing to a depth of five (5) feet below the ground surface and the well casing removed to the bottom of the excavation. 2. The sealing material used for the upper portion of the well shall be allowed to spill over into the excavation to form a cap. 3. After the well has been properly filled, including sufficient time for sealing material in excavation to set, the excavation shall be filled with native soil. 3.8 SAFETY A. The Service Provider's supervisor(s) must be able to communicate both verbally and in writing with City staff as well as with his crew. The Service Provider's supervisor must demonstrate the capability to read, interpret, and understand the Safety/OSHA requirements, drawings, and specifications as necessary. All work and equipment utilized shall conform to Fed-OSHA and CAL-OSHA requirements. B. A welded cover shall be installed over wells and secured covers over surrounding excavated areas when no work is being done to the wells. Open wells shall not be left unattended at any time. C. The Contractor shall design, construct and maintain all safety devices. Including shoring and shall be solely responsible for conforming to all local, State, and Federal safety and health standards, laws and regulations. December 2005 GENERAL SCOPE OF WORK Site Demolition and Well Destruction Contract No. 3903-4 01010-Page 6 of 7 D. The existence and location of utility structures and facilities show on the site plans, see Appendix No. 2. Attention is called to the possible existence of other utility facilities or structures not shown or hi location different than from that shown on the plans. The Contractor is required to take due precautionary measures to protect the utilities shown on the plans and any other existing facilities or structures not shown. The Contractor shall call Underground Service Alert of Southern California "Digalert" at (800) 227 2600 a minimum of forty- eight (48) hours prior to any excavation. E. Contractor shall comply with all current local, state, federal, and other applicable safety and health regulations. Confined space requirements shall be met. **END OF SECTION** December 2005 Site Demolition and Well Destruction Contract No. 3903-4 GENERAL SCOPE OF WORK 01010-Page 7 of 7 APPENDIX "A' LOCATION MAP PROJECT NAME: MISSION BASIN WATER WELLS DESTRUCTION PROJECT NUMBER CP 3903-4 A APPENDIX "B(TO 99 LJ . 327 i s ta CD. £(.£. -D-2B- -2.8 /e>o — — 20V /— ^£>8'- 2.0S- Z/2.' A ft Ait, Co** pt.e. rco II. /if a Cur* To /?£>tJfi/ey / 3." L)£ST 2.7 tf MUTUA OP 3JO-U2: CARLSBAD HJTDAL WATER COUFAKY Log of 14" Well O - • 16 River sand 16 - 55 Black mud 55 . - 128 " Black sand 128 ' - ... 180 . Sand and gravel ,180 . -;. , 196 Sand -'.'..-• ••"?••' ' ' ~ . ... 196 -. ,. 210 Sand and gravel •••.* .210 - 21^ Blue clay • • •' Cut from 190 to 130 feet every 12 inches. Five cuts to round. , • •• " .- (Er.st well) - Located in the HS-i of Nl?i of Sec. 18, T-ll-S, B-4-W, SBBM Completed Dec. 1945. ' - OfJ£op l\) U Ya ? 7"//5- lo" La. ft tV\££H St. AT* San Diego-San Luis Rey Valley . P Total depth of well 148 0-25 ft;, fine sand 25-80 ft} silt and fine sand 80-128ft; fine sand . ... 128-134ft; medium sand with scattered small rock 134-140ft; coarse sand and & to 10" rock : • ' ' - " .."£:•:'140-148ft; sand with equal amount of rock (very good) 148-l60ftj fine sand and silt \ ,. . '• •« . - - . NOTE: Wen was filled back in to 148 feet with crushed rock. ' . 32 feet of 10" line of which 20f was perforated, was set at: this depth. Signed; Robert L Morrison, Well Driller u. 30, MUTUAL LJstrfA o. 'LJCU. S3-/ Lot* PACK 7b Anto l-w£A .5*7- A MO I A/* /Of Tf/f J& tos*- m1 _ I26-/2& /2B-/32' UT /66-/70' '>-"/! •;.•::«• •. i.;• i' 17t>' SANO Utirt*foe* re> SA/itO CJirH LOTS OF tot* r* 3". Of up To &". C>t AC.* //")' of To BLACK S'/cr OP £>f AJ/r* f/^e- TO /Bo '/<f To ; /6 #7 &* /8 T-//- S. r - - f— _ / .- Bo1 ft. _'HH-:U ...•••vt/<; . /* o..— ..._./ja,jsr_l y/ tf Pemen* J«t Pr*uur« Pip* and Fitting* .-Tatting and Pumping Equipment Phon«»~.Offic* IO4...R»».576«n4l40«W EiUt>lii'h*J 1903 E.W.BROCKMAN WELL DRILLING CONTRACTOR 918 W«»t SUtK SttMl CORONA, CALIFORNIA December 11, 1945 MACHINfe »HUK m Paint .'. WEST WELL Carlsbad Mutual Rater Company • .. * •' ., Log of 14" well. - . .; •-.;•_,. -••>..- ' -..:• . . • VA • /o :.v- • « , - -. ...'.« .- . * '• ' . V'i •'•'-". River sand Black ocean sanfi Black ocean sansd Sand and gm«n gravel Ocean mud Ocean mud and sand Coarse grovel asud sand • - Blue clay Cut from 169 to 165 feet every eight inches, id.th J""1 blade. Six cuts to round. • . 0 so 90 110 160 161 165 204 - 20*•. - ,90 110 '± •'•' 16O 161 165 . - - 204 - - 205 /j* //Jr'/t