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Home My WebLink AboutGregg Drilling & Testing Inc; 2005-01-18; 3903-3(- CARLSBAD MUNICIPAL WATER DISTRICT / San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CMWD PROJECT NO. 3903-3 August 2004 T-- i CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008 Revised: 1 0/08/03 Contract No. 3903-3 Page 1 of 64 Pages TABLE OF CONTENTS Paqe 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 PerformanceMlarranty Bond ........................................................................................... 35 Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) .................................... 37 Revised: 1 0/08/03 Contract No . 3903-3 Page 2 of 64 Pages SUPPLEMENTAL PROVISIONS . . Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-3 3-4 3-5 Section 4 4- 1 4-2 Section 5 5- 1 5-4 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9-1 9-3 General Provisions Terms Definitions. Abbreviations And Symbols Terms .................................................................................................................... 40 Definitions .............................................................................................................. 40 Abbreviations ........................................................................................................ 41 Scope And Control Of The Work Subcontracts ......................................................................................................... 42 Contract ................................................................................................................. 42 Plans And Specifications ...................................................................................... 43 Surveying ............................................................................................................... Authority Of Board And Engineer ......................................................................... 47 Changes In Work Extra Work ............................................................................................................ 48 Changed Conditions ............................................................................................. 48 Disputed Work ...................................................................................................... 49 Control Of Materials Materials And Workmanship ................................................................................. 52 Materials Transportation. Handling And Storage ................................................. 53 Utilities ................................................................................................................... 53 Location ................................................................................................................. 53 Relocation ............................................................................................................. 53 Prosecution. Progress And Acceptance Of The Work ......................................... 54 Construction Schedule And Commencement Of Work ........................................ 54 Prosecution Of Work ............................................................................................. 54 Delays And Extensions Of Time ........................................................................... 54 Time of Completion ............................................................................................... 54 Completion And Acceptance ................................................................................ 55 Liquidated Damages ............................................................................................. 55 Responsibilities Of The Contractor ....................................................................... 55 Workers’ Compensation Insurance ...................................................................... 55 Liability Insurance ................................................................................................. 55 Permits .................................................................................................................. 56 Cooperation and Collateral Work ......................................................................... 56 Project Site Maintenance ...................................................................................... 56 Laws To Be Observed .......................................................................................... 61 Public Convenience And Safety ........................................................................... 57 Measurement & Payment Measurement Of Quantities For Unit Price Work ................................................. 62 Payment ................................................................................................................ 62 &Revised: 10/08/03 Contract No . 3903-3 Page 3 of 64 Pages TECHNICAL SPECIFICATIONS I - ITEM SECTION 01010 SUMMARY OF WORK SECTION 15045 WELL VIDEO INSPECTION SECTION 02235 SITE DEMOLITION APPENDIX A - Site Map APPENDIX 6 -Well Logs APPENDIX C -Well Preservation Drawing APPENDIX D - Photographs of Existing Structures _- GRevised: 10/08/03 Contract No. 3903-3 Page 4 of 64 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, 92008-731 4, until 4:OO P.M. on the 21'' day of October, 2004, at which time they will be opened and read, for performing the work as follows: Equipment removal, video inspection and preservation of six water wells and related appurtenances as described within the contract plans and specifications. MISSION BASIN WATER WELLS, EQUIPMENT REMOVAL, WELL INSPECTION & PRESERVATION PROJECT CONTRACT NO. 3903-3 Note: This project is a re-bid of the project for MISSION BASIN WATER WELLS DESTRUCTION PROJECT, PROJ NO. 3903-2 that was due on July 29, 2004. The specifications for this project have been changed significantly. 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. ,r The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $1 00,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed, including notarization where indicated are: r QRevised: 10/08/03 ' Contract No. 3903-3 Page 5 of 64 Pages 1. 2. 3. 4. 5. 6. 7. Contractor’s Proposal Bidder’s Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid Bidder’s Statement of Financial Responsibility Bidder’s Statement of Technical Ability and Experience Acknowledgment of Addendum(s) 8. Certificate of Insurance, the riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract 9. Bidder’s Statement Re Debarment 10. Bidder’s Disclosure Of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) *Pursuant to California Public Contracts Code section 41 04(a)(2)(A) portions of the information required on documents numbers four and five, above, may be submitted by the Bidder up to twenty-four (24) hours after the deadline for submitting bids contained in this “Notice Inviting to Bid”. All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is $75,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases fhe contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classif icationJ Description I 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. e- \#Revised: l OlO8lO3 Contract No. 3903-3 Page 6 of 64 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. I- 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 41 07 and 41 07.5. The provisions of Part 7, Chapter 1 , of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid project site tour is mandatory for acceptance of bid. Well sites are on private property and entry onto property must be made under the supervision of City staff only. Arrange site visit with Project Manager, Mark Biskup at (760) 602-2763. All site visits must be completed three working days prior to bid opening date. 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 ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: - GRevised: 10/08/03 Contract No. 3903-3 Page 7 of 64 Pages ..A 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. Deputy Secretary GRevised: 10/08/03 Contract No. 3903-3 Page 8 of 64 Pages CARLSBAD MUNICIPAL WATER DISTRICT MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 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. 3903-3 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that heishe will take in full payment therefor the following unit prices for each item complete, to wit: Item - No. DescriDtion Approximate Quantity Unit and Unit Price 1 Removal and preservation of well 1 LS A5 3- appurtenances for six (6) wells per plans and specifications at -- Dollars (Lump Sum) 2 Remove and dispose of non-RCRA 130 hazardous oily water from each well 3,000 GALLONS casing at Dollars per Gallon 3 Video Inspection and Inspection Report 6 Wells Dollars per Well 4 Bondcostat 2EA ?nnn 3,900 Dollars Each Total amount of bid items in words: five h&rd Total amount of bid items in numbers: $80.500,00 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 sum of bid amounts for item nos. 1, 2, 3, and 4. 4w %#Revised: 10/08/03 Contract No. 3903-3 Page 9 of 64 Pages Addendum(a) No@). /lor,< proposal. hadhave been received and idare included in this I 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 Y8s/6r , classification L -5- 7 which expires on , and that this statement is true and correct and has the legal effect of an affidavit. //3/&dL - A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(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 9 10164. 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 - 1. 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 Cashier's Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or 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. qRevised: 10/08/03 Contract No. 3903-3 Page 10 of 64 Pages License Detail Page 1 of2 License Detail Contractor License # 4851 65 CALIFORNIA CONTRACTORS STATE LICEN DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments known to the CSLB are di Arbitrations are not listed unless the contractor fails to comply with the terms of the Due to workload, there may be relevant information that has not yet been entered ont arbitration . Board's license data base. Extract Date: 0111 1/2005 * * * Business Information * * * GREGG DRILLING & TESTING INC 2726 WALNUT AVENUE SIGNAL HILL, CA 90806 Business Phone Number: (562) 427-6899 Entity: Corporation Issue Date: 01/09/1986 Expire Date: 01/31/2006 * * * License Status * * * [his license is current and active. All information below should be reviewed. * * * Classifications * * * Description I IC57 !WELL DRILLING (WATER) 1 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 69409948 in the an $10,000 with the bonding company WESTERN SURETY COMPANY. http://www2. cslb .ca. gov/CSLB-LIBRARY/License+Detail. asp 01/11/2005 License Detail Page 2 of 2 License Number Request Effective Date: 01/01/2004 Contractor Name Request Personnel Name Request Contractor's Bondina History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) Jt MICHAEL GREGG certified that he/she owns 10 percent or more of the voting stock/equit corporation. A bond of qualifying individual is not required. Effective Date: 03/05/1993 BQl's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1040261 Effective Date: 08/01/2004 Expire Date: 08/01/2005 Workers Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licer Personnel List Other Licenses Salesperson Request Salesperson Name Request If you have difficulty accessing any material on this site because of a disability, please contact us in writing or via telephone and we will work w information available. You can direct your request to: Mav Cox, 9821 Business Park Drive, Sacramento, CA 94827 0 2004 State of California. Conditions of Use Privacy Policy (916) 255-4014. 01/11/2005 i ".. ~ IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1 ) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail Address IF A PARTNERSHIP, SIGN HERE: (1 ) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) ZipCode Telephone No. (5) E-Mail Address IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted ,&e 4 c; 0.- ;//,'e 6l P Impress Corporate Seal here ... ... ... QRevised: 10/08/03 Contract No. 3903-3 Page 11 of 64 Pages (3) Incorporated under the laws of the State of (4) Place of Business 2 72 d. Ldc; /H L, 4 Au 4 fl (Street and Number) City and State XI' +i B / /# /'/I , r; I*? (6) E-Mail Address ~K~4~tI'~rl p ere a G R /I, aa . Ln/k (5) Zip Code 407rr Telephone No. r\ I NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED 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: L~ &t'4pl V/*LZ La--rd+e -, r &M.r,~~-~ JecrH/h.,c, / /' &LA A t QRevised: 10/08/03 Contract No. 3903-3 Page 12 of 64 Pages LLLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT , personally appeared , &personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) ish subscribed to the within instrument and acknowledged to me that he/&?e&by executed the same in his/kar/thair authorized capacity(ies), and that by his- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Corrrnrssion t 1 WITNESS my haqd and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: P-mb Lac04 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer’s Name: m 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney- i n - Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer’s Name: 0 individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I Reorder: Call Toll-Free 1-800-876-6827 (D 1996 National Notary Association * 8236 Remmet Ave.. P.O. Box 71 84 * Cancga Park, CA 91309-7184 Prod. No. 5907 EQUIPMENTII\IIATERIAL SOURCE INFORMATION TO ACCOMPANY PROPOSAL (NOTE: THIS FORM IS NOTAPPLICABLE 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. EquipmenVMaterial Manufacturer 1. (Manu f act u re r) 2. 3. (Manufacturer) (Manufacturer) Revised: 1 0/08/03 Contract No. 3903-3 Page 13 of 64 Pages BID SECURITY FORM (Check to Accompany Bid) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 (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 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.) a Revised: 1 0/08/03 Contract No. 3903-3 Page 14 of 64 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and I as Surety are held and firmly bound unto the Carlsbad Municipal Water District, Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 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 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: 1 0/08/03 Contract No. 3903-3 Page 15 of 64 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day Executed by SURETY this day of r' PRINCIPAL: SURETY: (name of Principal) (name of Surety) (sign here) (address of Surety) (print name here) (telephone number of Surety) (Title and Organization of Signatory) (signature of Attorney-in-Fact) By: (sign here) (printed name of Attorney-in-Fact) (print name here) (title and organization of signatory) (Attach corporate resolution showing current power of attorney.) r (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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Deputy General Counsel GRevised: 10/08/03 Contract No. 3903-3 Page 16 of 64 Pages 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 ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. - The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material 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. 3903-3 Page 17 of 64 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 .I 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. 3903-3 Page 18 of 64 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 The Bidder cbrtifies 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 ---. Subcontractor’s License No.* qb?3-/6 $- Page 1 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.” *= %#Revised: 10/08/03 Contract No. 3903-3 Page 19 of 64 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. 5c4 G cc-c, L 4 4, - At= 4 c- Q . <rtG COT t? Revised: 1 0/08/03 Contract No. 3903-3 Page 20 of 64 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the District to judge hidher responsibility, experience and skill. An attachment can be used. Name and Phone No. of Person Name and Address GRevised: 10/08/03 Contract No. 3903-3 Page 21 of 64 Pages BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 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. a Revised: 1 0/08/03 Contract No. 3903-3 Page 22 of 64 Pages QRSH RISK RND INSURW PRODUCER Marsh Rlsk & Insurance Servlms 4695 Madrthur Court, Suite 700 NO AI(SHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN WE POUCY. THIS CERTIFICATE DOES NOT AMEND, E%TEND OR ALTER THE COVERAGE (949) 3995800 License #0437153 Newport Beach, CA 92660 -.-- 105336000-000- COMPANY 1 A American lnternauonal Specialty Insurance Company INSIJREP Gregg Drilling & Teiting. Inc. Gregg In Situ, Inc. 2726 Walnut Avenue Signal Hill, CA 90755 COMPANY 1 B Commerce 8 Industry lnsuranae Company I THIS IS TO CERTlM THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTVMTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY COMmCT 04 OTHER DOCUMENT WlTH RESPECT TO WICH THE CERTIFICATE MAY BE ISSUED OR WY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SURJECT TO ALL THE TERMS. CONDTnONS AND EXCLUSDNS OF SUW POLICIES. AGGREG4TE LIMFTS SHOWN MAY WVf BEEN REDUCED BY PAID CLAIMS. co 1 WP€OFIHSURANCE I CTR POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION OATE (MMrclD/YY) I ONE (HMODNY) I I I c GENERAL U*BIUTr 1 OWNERS B CONTRACTOR'S PROT 0713 1 104 07/31/05 I I I AUT0MOBlI.C WUTV B ANYNJTO 8087726 07/31/04 07L31l05 ALL OWNED AUTOS SCHEDULED AIJTOS HIRE0 AUTOS NON-OWNEO AUTOS I G-E UABIUTV - ANY AUTO EICESQ LIABILITY 1 UMBRELLA F OW OTMR WAN UMBRELLA FORM WORKERS COMPENSATION AND EIIPLOVERS' Ul&lUW INCL THE PROPRIETOR' PARTNERSEXECUTIVE OFFICERS ARE: ExcL UYITS GENERAL AQGREGATE 2,000,00c 2,000 .ooc PRODUCTS - COMPKIP AGG Encc(mcuRRRJcE IS I ,ooo,ooc - FIRE DAME (My one hre) I $ 250,OOC MED Up (My crm prim) $ 10,ooc COMBINED SINGLE LIMIT $ 1 ,ooo,ooc EL EACH ACCIDENT EL DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIOkSMCATIO~~H~LESlSPCClAL nEMS The City of Carlsbad, its offlclals, em lo ees and volunteers are named as additional insured hereunder a8 res ecQ liability arising out of actlvltles performed by or on behalf of be Named Insure1 &wage under this policy shall be pirmary Insurance as respects the 8ty. its ofncials, employees and volunteers. City of Carisbad Ah: Ken Davis 1635 Faraday Avenue Carlsbad, CA 92008-7314 EHOULD ANY OF THC POLlClEB DeSCRIeED HERelN BE CAhCeLLEO BEFORE THE EXPIRAYION DATE TNEWEOF, TnC INSURER APFORDIUG COVERAQE WILL ENDWVCIR TO MAIL 3 DaVS WRllTEN NOTICE TO The CERTIFICAR HOLDER NhHFD HEREIN. OUT FAILURE TO MAIL SUCh NOTICE SHALL IMPOSE NO OBLIGATION OR LUBlLlh OF ANV KIND UWN THE INSURER I\PPOSDIN(3 COVERbQE. TTO AQENT~ OR R@PRESENTATN& OR THE isauEa or PIS CERTIPICLTE. 81: Stephen Flynn &.%- MARSH USA INC. JRN-05-2005 13:45 MRRSH RISK FlND INSURRNCE 949 399 2712 P.03/05 ENDORSEMENT NO. This endorsement, effdve 1 2:01AM, Forms a part of PolScy No: Issued to: By: 7-31-2004 8089471 Gregg Drilling & Testing, Inc.; Gregg In Situ, Inc.: Pitcher Drilling Co. American International Specialty Lines Insurance Co, I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT COVERAGE A. B AND C This endorsement modifies insurance prodded under the following: COMMERCIAL GENERAL LlABlLllY AND PROFESSIONAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Entities as required by wn'tten contract with the named insured (If no entry appeaars above, information required to complete thfs endorsement will be shown In the Declarations as appIicable to this endorsement) It is hereby agreed that Sectlon II of the policy, WHO IS AN INSURED Is amended to Include as an insured the person or organization shown in the schedule above as respects Insuring Agreements A, B and C, but only with respect to liability arising out of your ongofng operations performed by you or on your behalf for that insured. Coverage is not afforded for the additional insured's own Liability, which arises solely out -of its acts or omissions. - The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the amount required by the written contract with the insured and subject to the limits of lfability of this Policy. All other terms, conditfons, and exclusions shall remain the same. 78025 (5101) CI 1 456 PAGE 1 OF 1 JAN-05-2005 13:46 Endorsement Effective: 07/31 /2004 Named Insured: GREGG DRILLING & TESTING., PITCHER DRILLING CO., GREG IN SITU, INC. MARSH RISK FIND INSURFlNCE ,w Countersigned By: (Authorized Representative) 949 399 2712 P.04/05 W I POLICY NUMBER: CA 808 77 28 COMMERCIAL AUTO CA 20 48 02 99 ,- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name of Person@) or Organization(s): where required by contract DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVEWGE FORM TRUCKERS COVERAGE FORM (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or orgenizatlon shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section I1 6f the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 CA 983 (2-99) Page 1 of I JAN-05-2005 13:46 MARSH RISK RND INSURRNCE 949 399 2712 P.05/05 ENDORSEMENT NO. 4 - This endorsement, effectlve 12al AM, July 31,2004 Forms a pan of Pollcy No: PROP 8089471 issued to: GREGG DRILLING 5 TESTING, INC. PITCHER DRILLING, INC., GREGQ IN SITU, INC. By: AMERICAN INTERNATIONAL SPECIALW LINES INS. CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED / PRIMARY COVERAGE ENDORSEMENT In cansidetation of an additional premium of $ NA it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: Where required by contract This does not apply to bodlly InJury or property damage arising out of the sole negligence or willful misconduct of, or far defects in design furnished by the Additional Insured, As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obliga- tions are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company’s limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. - 78123 (6/01) CI 1486 AUTHORIZED REPRESENTATIVE- or countersignature (in states where applicable) PAGE 1 OF 1 TOTRL P. 05 DATE I _ACORQM CERTIFICATE OF LIABILITY INSURANCE paDe 1 of 2 I 01/05/2005 Willis North mrica, ~nc. - ~egional Cert Cater 26 Century Blvd. I .. - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PRODUCER 877-945-7378 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I- TYPEOFINSURANCE POLICY EFFECTIVE POLICY NUMBER P. 0. Box-305191 Nashville, TN 372305191 PROPERTY DAMAGE (Per accident) WTO ONLY - EAACCIDENT OTHERTHAN EAACC AGG AUTO ONLY EACH OCCURRENCE AGGREGATE 1 NAIC# $ $ $ $ $ $ INSURED Gregg Drilling & Testing, Inc. Oregg In Situ. Inc. 2726 Walnut Avenue Signal Bill, CA 90755 A 15563-900 INSURER A: SeaBright Insurance Cawany INSURER B: INSURER C: INSURER D: DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND BB1040261 8/1/2004 EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE OFFICEWMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below EL. EACH ALCIDENT -- E.L. DISEASE- EAEMPLOYEE E.L.DISEASE-POLICYLIMIT GENERAL LIABILITY GENERAL LIABILITY CLAIMSMADE c] OCCUR -~ $ 1,ouo,ooo $ 1,000 , 000 $ 1,OOOsOOO H City of Carlsbad Attn: Ken Davis 1635 Faraday Ave Carlsbad, CA 92000 7314 I 2 GENLAGGREGATE LIMIT APPLIES PER 1 n JPFRC~I n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRlTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, TTS AGENTS OR REPRESENTATIVES. H I I ANY AUTO EXCESS LIABILITY OCCUR CLAMSMADE Ib OTHER --I I I 0ESC:RIPTION OF OPERATIONSILOCATIONSEHlCLES/EXCLUSlONS AWED BY ENDORSEMENTISPECIAL PROVISION POLICY EXPIRATION - 8/1/2005 - LIMITS E4CH OCCURRENCE (S -~ LAMAGE TO F\ENTED PREMISES (Ea occurence) 1 $ MED EXPpnyonepewon) PERSONALIADV INJURY GENERAL AGGREGATE COMBINEDSINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) Page 2 of 2 r 1- 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 to 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. ACQRD 25 (2001/08) Coll:1180581 Tpl:287965 Cert:5312800 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? Yes 2. If yes, what wadwere the name@) of the agency(ies) and what wadwere 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: Page of / of / pages of the Re Debarment form QRevised: 10/08/03 Contract No. 3903-3 Page 23 of 64 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 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. 4) 5. 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? x Yes no Has the suspension or revocation of your contractors license ever been stayed? no oh- Yes Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? x 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 LV 1s- 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.) I Page / of / pages of this Disclosure of Discipline form 7f“s Revised: 1 0/08/03 Contract No. 3903-3 Page 24 of 64 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTl N U ED) (To Accompany Proposal) MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 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: By: Page / of 1 pages of this Disclosure of Discipline form GRevised: 10/08/03 Contract No. 3903-3 Page 25 of 64 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 State of California ) County of 1 ) ss. 44 Mame of Bidder) , being first duly sworn, deposes ,A!! e4 + ,' and says that he or she is /GI P/e.,/'d.(-u- (Title) 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 I declare under penalty of per'ury that the foregoing is true and correct and that this affidavit was executed on the L dayof Q~CC--/,F~ ,l-r.-. &*Y Sygnature of'Bidder - Subscribed and sworn to before me on the day of &ceVMbQu/ A GRevised: 10/08/03 Contract No. 3903-3 Page 26 of 64 Pages CONTRACT PUBLIC WORKS This agreement is made this 1 !& day of Lkhumh, , 20 05, by and between the Carlsbad Municipal Water District of Carlsbad, dlifornia, a municipal corporation, (hereinafter called "District''), and GREGG DRILLING & TESTING INC whose principal place of business is 2726 Walnut Avenue., Signal Hill CA 90755 (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 EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 (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 OperatorlLessors, 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@) 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. ,- 4m ESRevised: 10/08/03 Contract No. 3903-3 Page 27 of 63 Pages .. i L, 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 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated . C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. - District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1 101 -1 525) 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: 1 0/08/03 Contract No. 3903-3 Page 28 of 64 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. 3903-3 Page 29 of 64 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 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. - GRevised: 10/08/03 Contract No. 3903-3 Page 30 of 64 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. E (Initial) 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 181 2 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. - GRevised: 10/08/03 Contract No. 3903-3 Page 31 of 64 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or I' Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AITACHED (CORPORATE SEAL) CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTICT. a corporatioqq - of(t&fornia' ATTEST: Sdn/iA -Y~L&< -- 2 (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALD R. BALL General Counsel By: L Deputy General Counsel _.- @Revised: 10/08/03 Contract No. 3903-3 Page 32 of 64 Pages C personally appeared Kpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name@) ism subscribed to the within instrument and acknowledged to me that he,W+e#ey executed the same in his- ’ authorized capacity(ies), and that by hi- ’ signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: WLW d; 2004 Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: BcLt Ke&io4 Title(+ 1 vrc SAP *k 0 Individual Corporate Offic 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Signer Is Representing: I I Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 996 National Notary Association 8236 Remmat Ave., P.O. Box 7184 Cancga Park, CA 91309-7184 Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 17 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Top of thumb here 0 Other: I I Signer Is Representing: ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT I personally appeared I Epersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/- subscribed to the within instrument and acknowledged to me that be/shekey executed the same inM/her/W authorized capacity(ies), and that by kie/her/#eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ” KIMBERLY LOVE C- rrmission # 1348977 N. *cy Public - California ,’ I 15 Angeles County 1-v b - pw OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: oflkm4 Document Date: QCQ& le: mLC Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer’s Name: 0 Individual Corporate Officer Title(s): SJLCX&~J 0 Partner - 0 Limited 0 beneral 0 Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: urnb here I I I Signer Is Representing: 996 National Notary Assmiallon 8236 Remmet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 c Bond Number: CE2775 Premium included in charge for Performance Bond LABOR AND MATERIALS BOND WHEREAS,' the Carlsbad Municipal Water District of the City of Carlsbad, State of California has awarded to GREGG DRILLING & TESTING INC. (hereinafter designated as the "Principal"), a Contract for: MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT CONTRACT NO. 3903-3 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, GREGG DRILLING & TESTING INC., as Principal, (hereinafter designated as the "Contractor"), and Contractors Bonding and Insurance Company as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of EIGHTY THOUSAND FIVE HUNDRED Dollars ($80,500.00), 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. f- THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hisher 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 - i-. specifications. 4- kg Revised: 10/08/03 Contract No. 3903-3 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 10 Executed by SURETY this 7th l- day ,%I 2005 2 OQy- January dayof ~~~A~.-~ ,e . of CONTRACTOR: SURETY: GREGG DRILLING & TESTING INC. I* .jc4&/CrCIn &7 f/ //,&& (title and org6nizatidhdf signatory)J By: Tsign here) - P4t- K& &**a I (print name fere) (title and organizatioh of sig%aory) l- rea& OF .‘//#b Contractors Bonding and Insurance Company (name of Surety) (address of Surety) 111 Pacific Suite 350, Irvine, CA 92618 (949) 341-9110 (telephone number$f Surety) Scott Salandi, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (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 c$Revised: 10/08/03 Contract No. 3903-3 Page 34 of 64 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -I State of California County of Los Anqeles On January 7,2005 before me, Noemi Quiroz, Notaw Public I personally appeared Scott Salandi I DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC NAME(S) OF SIGNER@) IXI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/- subscribed to the within instrument and acknowledged to me that heMe#bey executed the same in his/hed#ek authorized capacity(&), and that by hished#& signature@) on the instrument the person(s), or the entity upon behalf of which the person&) acted, executed the instrument. - " SIGNATURES NOTA~Y OPTIONAL I 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. I CAPACITY CLAIMED BY SIGNER OINDIVIDUAL OCORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Pavment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 51. LIMITED u GENERAL 2 NUMBER OF PAGES (x1 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANICONSERVATOR 0 OTHER: Januarv 7.2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(IES) I Greaq Drillina & Testina. Inc. Contractors Bondina and Insurance ComDanv SIGNER(S) OTHER THAN NAMED ABOVE - I Cxecuted On or After: AWWST ~IST, 2005 security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company"). The original document contains a watermark with the letters "cbic" embedded in the paper rather than printed upon it. The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top ofthe document and is visible when the document IS held to the light. This document is vatid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is ofthe type indicated below. This document is valid only if the bond is executed on or before the date indicated above. CERTIFICATE A. ”* *., r Certificate of Appointment and Resolutions of the Board of Directors I The tindersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by rlic Board of Directors of ( ‘OiIWl<:t(?I.:< Wending Iind insurance Coinpany at ;i mceting duly I-cld oil December 15, 1993: RESOLVED. that the CEO, President. CFO. any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter “Authorized Officer or Employee”) may appoint attorneys-in-fact or agents with authority 3s defined or limited in the inbtrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds: and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER. that any bond, Undertaking, recogaizance, or spretyship obligation shall be valid and binding upon the Company: (i ) (11) (iii) when signed by the Authorized Officer or Employee and attestcd and scaled (if a seal be required); or when signed by the Authorized Officer or Employee, and countersigned and sealed when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agcntc pursuant to and M ithin the limits of the arithority evidenced by the power of attorney issued by the Company to such person or persons. (if a \ea1 be requited) by a duly authorized attorney-in-fact or agent; oy , ** ~ RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizancc, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itbelf); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER. that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, hut not limited to, so callcd “fax or facsimile powcrs of attorney”, where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may bc attached to another bond (for example, a fax power of attorney may be attached to thc final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. 0 0 IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and sccretory, and its corporate seal to he hereunto affixed this 13th day of May, 2004. \Don Sirkin, Pre5ideiTi Attest: R. Eclrk Eland, Secretary Statc of Washington C’ouiity of King \- * On May 13.2004 before me. Brenda 1. Scott Notary Public, per\onally appeared Don Sirkin and R. Kirk Elam? personally known to me to bo thc pcr\ons vvho\e names dre subscribed to the within instrument, and acknowledged to me all that uliy exc~cytql $e same in their authoiized capacities and that by their signatures the entity upon behalf of which they acted executed the ms&& WlTNESS my hand and official seal. s ignatu1 e (seal) I 4- ,- I\, La , Naz and Title otlofticer (e g , "Jane Doe, Notary Publlc") personally appeared , L) Name@) of Signer(s) fiersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) islawsubscribed to the within instrument and acknowledged to me that heCskeWRey executed the same in hismr authorized capacity(ies), and that by his/keFfttreir signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 143 -05 Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual Partner - Limited b General 0 Attorney-in-Fact Trustee- 0 Guardian or Conservator 0 Other: Top of thumb here I I Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Trustee -- 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I Reorder Call Toll-Free 1-600-876-6827 Prod No.5907 0 1996 National Notary Association 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Name andhitle of Officer (e.g., "Jane Doe, Notary Public") I personally appeared I Name(s) of Signer@) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name@) is/- subscribed to the within instrument and acknowledged to me that he,bhdtby executed the same in his/kMheir authorized capacity(ies), and that by his/tu&heir signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: W&+en.CzCS Document Date: DI-lO- 05 Number of Pages: Signer@) Other Than Named Above: Capacity(ies) imed by Signer(s) Signer's Name: O&flQ Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee- Guardian or Conservator Other: I I Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer litle(s): 0 Partner - Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Top of thumb here I I 0 Other: I I Signer Is Representing: 0 1996 National Notary Association 8236 Rernrnet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 ~~ ~ Bond Number: CE2775 Premium: $1,610.00 1 c- '. FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the Carlsbad Municipal Water District of the City of Carlsbad, State of California, has awarded to GREGG DRILLING & TESTING INC., (hereinafter designated as the "Principal"), a Contract for: MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT L CONTRACT NO. 3903-3 in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City of Carlsbad), all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, GREGG DRILLING & TESTING INC., as Principal, (hereinafter Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the sum of EIGHTY THOUSAND FIVE HUNDRED Dollars ($80,500.00), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to District or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. 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. designated as the "Contractor"), and Contractors Bonding and Insurance Company I as 6- 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 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. 4% %#Revised: 10/08/03 Contract No. 3903-3 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. 6- Executed by CONTRACTOR this 10 Executed by SURETY this 7th day of January I$& 2045 CONTRACT0 R: SURETY: GREGG DRILLING & TESTING INC Contractors Bonding and Insurance ComDanv (name of Surety) ' By: & 111 Pacific Suite 350 Irvine, CA 92618 / \ (sign here) (address of Surety) hI( rp- ds a (print nameYieYe) (949) 341-9110 By: -I Pfles;de.+, c//'rcr D PI /),&A (Title and Organizatiofl?fSignatory) Scott Salandi, Attorney-in-Fact // (printed name of Attorney-in-Fact) (:- By: Y (sign herq /=At -&cA,n + B (Attach corporate resolution showing current (print nameyere) power of attorney.) IQP,'/hJ (Title and Organizatfon of sygxatory) (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 Coubsel By: DepuG General doupsel em %#Revised: 10/08/03 Contract No. 3903-3 Page 36 of 63 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .r State of California County of Los Anqeles I On Januarv 7,2005 before me, Noemi Quiroz. Notarv Public 3 DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared Scott Salandi 9 NAME(S) OF SIGNER(S) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence the person@) whose name&) is/- subscribed to the within instrument and acknowledged to me that heMeAbey executed the same in his/- authorized capacity(&), and that by his/tw/W signature(s) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. OPTION Though the data below is not required by law, it may prove valuable to persons relyin CAPACITY CLAIMED BY SIGNER OINDIVIDUAL CORPORATE OFFICER TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 0 TRUSTEE(S) I 0 GUARDIANICONSERVATOR 0 OTHER: Januarv 7.2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Greaa Drillina & Testina. Inc. Contractors Bondina and Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE I ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT County of bl\l bdOJ c - I ' Name and Title of Officer (e.g., "Jane Doe, Notary Public") On hl-lo-b before me, rM 3 Date personally appeared 4ri? 9 9 9 Name@) of Signer@) $8 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) is/- subscribed to the within instrument and acknowledged to me that he/- executed the same in his/be&twir authorized capacity(ies), and that by hisk+tbeir signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand aA offM seal. Pubic- California 5 OPTlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CLCl, hML! kkArr&+ br\d Document Date: o\ - 10 -05 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual L/ Partner - 0 Limited 0 beneral 0 Attorney-in-Fact / 0 Trustee- 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: umb here I I I Signer Is Representing: I I 996 National Notary Association 8236 Remmel Ave.. P.O. Box 7184 Canoga Park, CA 91309-7184 Pmd. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of 1-Ds.hAL&5 .u 01- \c, -05 before me, I On personally appeared 1 r le ofjofficer (as., "Jane Doe. Notary Public") Date Name@) of .Signer@) )Ifpersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/- subscribed to the within instrument and acknowledged to me that hekhdt4ey executed the same in hislhodtkir authorized capacity(ies), and that by his/t&t+=& signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator Other: I 1 I I Signer Is Representing: I I Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: imb here I I I Signer Is Representing: I J 0 1996 National Notary Association 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91 309-71 84 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 THIS PAGE IS BLANK ON PURPOSE Revised: 10/08/03 Contract No. 3903-3 Page 37 of 64 Pages . - __ 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. 3903-3 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: 1 0/08/03 Contract No. 3903-3 Page 38 of 64 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: For Contractor: Title FINANCE DIRECTOR Name I Signature I Address I Title I Name I Signature I Address I For Escrow Agent: Name I Signature I Address I .- &Revised: 10/08/03 Contract No. 3903-3 Page 39 of 64 Pages .- At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District: For Contractor: Title MAYOR Name Signature Address Title Name Signature Address For Escrow Agent: Title Name Signatu re Address Revised: 1 0/08/03 Contract No. 3903-3 ~~~ -~ ~ Page 40 of 64 Pages SUPPLEMENTAL PROVISIONS FOR MISSION BASIN WATER WELLS EQUIPMENT REMOVAL, WELL INSPECTION AND PRESERVATION PROJECT - CONTRACT NO. 3903-3 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1 .l 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. I Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to* properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1 -2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. / GRevised: 10/08/03 Contract No. 3903-3 Page 41 of 64 Pages City Manager - the City Manager of the City of Carlsbad or hidher 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 hidher 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. - G gal Gar GNV gpm IE LCW D 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. - Gas SDRSD San Diego Regional Standard Drawing Gallon and Gallons SFM Sewer Force Main Garage and Garages T Telephone Ground Not Visible UE Underground Electric gallons per minute W Water, Wider or Width, as applicable Invert Elevation WVD Vallecitos Water District Leucadia County Water District MSL Mean Sea Level (see Regional Project Inspector - the Engineer’s designated representative for inspection, contract administration. I I Standard Drawing‘M-12) - 1-3 ABBREVIATIONS - 1-3.2 Common Usage, add the following: Abbreviation I Word or Words I Abbreviation I Word or Words Apts I Apartment and Apartments I MSL I Mean Sea Level (see Regional GRevised: 10/08/03 Contract No. 3903-3 Page 42 of 64 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 (IO) 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 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). - dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. 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. - e Revised: 1 0/08/03 Contract No. 3903-3 Page 43 of 64 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 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. Precedence of Contract Documents, modify as’follows: 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. Standard Specifications for Public Works Construction. 5) 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@) 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. 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: aRevised: 10/08/03 Contract No. 3903-3 Page 44 of 64 Pages "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 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. Record Drawings, 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 comer record(s) as required by $5 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. GRevised: 10/08/03 Contract No. 3903-3 Page 45 of 64 Pages Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the - requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8’/$ 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 $5 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. qRevised: 10/08/03 Contract No. 3903-3 Page 46 of 64 Pages Feature staked Street Centerline Clearing Slope Fence Rough Grade Suts or Fills 2 10 m (33’) Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement =inish Course Drainage Structures, Pipes & similar Facilities@, Q Utilities 0, Q Signs 0 Pavement MarkersO 0 Stakin ar TABLE 2-9.2.2(A) Survey Requirements for Construction Staking the accuracy requirements of the RP meet the requirements for the feature 0 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 (3 Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto E) 2 means reater than, or equal to, the number following the symbol. I means less than, or equal to, the number following tfe 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(8) @Revised: 10/08/03 Contract No. 3903-3 Page 47 of 64 Pages TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking I Miscellaneous 1 Signs, railings, barriers, lighting, etc. 1 Orange Flagging and marking cards, if used. 1 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: 2-1 0.1 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: 1 0/08/03 Contract No. 3903-3 Page 48 of 64 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) and shall constitute the markup for all overhead and profits: 1) 2) 3) 4) Work by Contractor. The following percentages shall be added to the Contractor's costs Labor ................................... 20 Materials 15 Equipment Rental 15 Other Items and Expenditures .. 15 ............................. ................... To the sum of the costs and markups provided for in this section, 1 percent shall be added as I 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. 3903-3 Page 49 of 64 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 12650-1 2655. ‘The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: 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. 3903-3 Page 50 of 64 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 201 04) which is set forth below: - ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1991. 201 04.2. 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)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. - @Revised: 1 0/08/03 Contract No. 3903-3 Page 51 of 64 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)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 11 41.1 0) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 201 6) 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 .IO) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised: 1 0/08/03 Contract No. 3903-3 Page 52 of 64 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 Test of Materials, third sentence of the first paragraph. delete the phrase, “and a reasonable amount of retesting”, from the 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. aRevised: 10/08/03 Contract No. 3903-3 Page 53 of 64 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. 3903-3 Page 54 of 64 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@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 field work within 120 calendar days following mobilization. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, f.rc 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 hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. TIME OF COMPLETION. Add the following: The Contractor shall diligently complete all PrCrJ~cl-, dehtq~ de4 to P+ CL~Z 46 rc Lhr‘p e4 nu uvrk p rr.bc) ~/t/&.r- 9/,& wt‘lt /lu L be ;QL /r+J #*, the hours of work shall -be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through ’””& e4 No field work shall be conducted between February 1 and September 1 in compliance with the Project’s CEQA Document. GRevised: 10/08/03 Contract No. 3903-3 Page 55 of 64 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. I 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' COMPENSATlON 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. -" @Revised: 10/08/03 Contract No. 3903-3 Page 56 of 64 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 hidher 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. shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. Said costs 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. CAS01 08758, 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. akvised: 10/08/03 Contract No. 3903-3 Page 57 of 64 Pages ss-1 ss-2 SS-3 or SS-6 SC-6 sc-7 sc-10 NS-6 NS-7 NS-8 NS-9 NS-IO WM-1 W M-2 W M-4 W M-5 W M-9 - Scheduling Preservation of Existing Vegetation Hydraulic Mulch or Straw Mulch Gravel Bag Berm Street Sweeping and Vacuuming Storm Drain Inlet Protection Illicit Connection/lllegal Discharge Detection and Reporting Potable W ater/lrrigation 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 929-941 7. Seventy 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. 3903-3 Page 58 of 64 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. 7-1 0.3 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 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980x2937 6) North County Transit District .............................................................. (760) 743-9346 7) Coast Waste Management ................................................................ (760) 929-9400 2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97 3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500 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 hidher 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: 1 0/08/03 Contract No. 3903-3 Page 59 of 64 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 21 4-5.1 .et 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 21 0-1.6for materials and section 31 0-5 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 petformed 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. 3903-3 Page 60 of 64 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: 7-1 0.3.4 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: 7-1 0.3.5 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: 7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Pian 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 QRevised: 10/08/03 Contract No. 3903-3 Page 61 of 64 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 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. LAWS TO BE OBSERVED. Add the following: QRevised: 10/08/03 Contract No. 3903-3 Page 62 of 64 Pages SECTION 9 - MEASUREMENT AND PAYMENT -- 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 be the U.S. Standard Measures. Units of Measurement, modify as follows: The system of measure for this contract shall 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 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 685.01 0 of the Code of Civil Procedure. Partial and Final Payment. 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: 1 0/08/03 Contract No. 3903-3 Page 63 of 64 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. into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. be included in the various items of work and no other payment will be made. - The cost of materials and equipment delivered but not incorporated Payment for mobilization and preparatory Work will Revised: I 0/08/03 Contract No. 3903-3 Page 64 of 64 Pages SECTION 0 10 10 J- GENERAL SCOPE OF WORK AND PROCEDURES OF CONSTRUCTION PART 1 --GENERAL 1.1 A. 1.2 A. 1.3 A. B. WORK REQUIRED UNDER CONTRACT DOCUMENTS The work generally includes, but is not limited to, hrnishing 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. Disassemble and remove of all fencing, pipes, towers, concrete structures, pump motors pumps, and their appurtenances from locations identified in Appendix “A” per Specification 02235. 3. Remove oily water from well casings as necessary to remove lubrication oils from well casings per Specification 02235. 4. Video inspect and provide a condition report of wells per Specification 15045. 5. Dispose of all contaminated water from wells per California EPA regulations. 6. Dispose of all contaminated solids including oil coated pump, shaft and pump column per California EPA regulations. 7. Preserve wells per drawing in Appendix “C”. PROJECT LOCATION The project it located in the City of Oceanside north of Mission Avenue and west of Foussat Road, see Appendix “A”. REGULATORY REQUIREMENTS Conform to applicable jurisdictional authority regulations and codes for disposal of debris. Conform with all applicable mitigation specified in the projects CEQA ( Mitigated Negative Declaration) document. No fieldwork shall be performed between February 1 and September 1 in conformance with the Projects CEQA document. Sept 2004 Well Equipment Removal & Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 01010-Page 1 of 3 C. 1.4 A. B. 1.6 A. 1.7 A. B. 1.8 A. Contractor shall comply with all applicable laws and ordinances regarding hazardous materials. -_ REFERENCES California Department of Water Resource, Bulletin 74-90 and Bulletin 74-81. Standard Specifications for Public Works Construction, 2003 edition and supplements thereto. QUALITY ASSURANCE 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. LICENSES A Class A or Class C-57 license is required for this contract. Contractor shall have current valid Business License for the City of Oceanside and the City of Carlsbad. PAYMENT 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 PART 3-EXECUTION 2.1. A. B. 2.2 A. OWNER SALVAGED ITEMS There are no items to be salvaged to the owner, which is currently the City of Carlsbad. Video inspection equipment will comply with Specification 15045. DELIVERABLES Provide video records and inspection condition report per Specification 15045. Sept 2004 Well Equipment Removal & Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 01010-Page 2 of 3 3.1. REQUIREMENTS OF CONSTRUCTION: A. Demolition work shall comply Specification 02235 B. Video inspection work shall comply with Specification 15045. C. Comply with all current local, state, federal, and other applicable safety and health regulations. Confined space requirements shall be met. D. All hazardous materials and waste are to be removed and disposed in accordance with local, state, and federal regulations at the expense of the Contractor. **END OF SECTION** Sept 2004 GENERAL SCOPE OF WORK Well Equipment Removal & Inspection Specifications Contract No. 3903-3 01010-Page 3 of 3 SECTION 15045 WELL VIDEO INSPECTON .I PART l--GE?9ERAL 1.1 A. B. C. 1.2 A. WORK REQUIRED UNDER CONTRACT DOCUMENTS Contractor shall video inspect each well after the removal of the pump, pump column, shaft and lubricating oil in the casing to determine the condition of the well. Contractor shall furnish all labor, materials, equipment, and incidentals necessary for video inspection of well casing. CCTV Insuection : A color video recording on high-quality DVD in standard mode shall be made of the television inspection and submitted to the Engineer along with the required inspection report and log sheets. A digital CD will be submitted showing defects and significant points of interest in the wells (PEG format). A conditions report shall be provided for each well as detailed herein. Weld steel cap with 2” diameter threaded access port with threaded plug on the top of well casings. PAYMENT 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 CCTV EquiPment CTV equipment shall include digital cameras, a DVD monitor, cable, power source, and all equipment necessary to perform a CCTV inspection per the contract document. The camera will be operative in 100% humidity conditions. The digital camera(s) must be dual lens and capable of providing a down-hole view with 360 degree side view rotation. The camera and monitor must be capable of producing 460 lines of resolution. Illuminating sensitivity shall be 3 lux or less. During inspection, lighting intensity shall be adjusted to minimize reflective glare. Lighting an picture quality shall be adjusted to provide a clear, in focus picture of the entire periphery of the pipeline for all conditions encountered, Camera focal distance shall be adjustable through a range from 25 mm (1- inch) to infinity. Sept. 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 01010-Page 1 of 4 The camera shall be equipped with a footage counter accurate to within two (2) feet +/- in lOOOft calibrated prior to the inspection process to the satisfaction of the City, and shall be indicated on the monitor. Also indicated on the monitor shall be date of inspection, and continuous forward and reverse readout of camera distance from top of well. 2.2 DELIVERABLES: A. The Following shall be provided as part of this Contract: TABLE 2.1 1 Reporting Requirements: Submit DVDs and computer generated written reports summarizing defects and conditions of the wells and recommendations concerning well rehabilitation or destruction. All DVDs and VHS tapes shall be labeled with the following information: . Video number . Date of inspection . Name of Contractor . Name of project . Well identification numbers . Well diameter Well Condition Report shall include the following information: . Project name . . . Contractor name, address and phone number Date and time of inspection Location map identifying each well Well profile drawing of each well as determined by video inspection showing locations of water level, end of casing, perforation slots, points of structural defects or points of interest of each well Sept. 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 01010-Page 2 of 4 = . Observations, comments, and recommendations concerning well rehabilitation and/or destruction Color photographs of significant well components and conditions PART 3-EXECUTION 3.1. A. B . C. D. E. F. G. H. I. 3.2. A. B. PROCEDURE OF WORK Perform video inspection, monitoring, and recording using technicians with proven experience, and the Contractor shall, if requested, furnish qualification details for each technician. Begin inspection after pumps, pump shaft, oily water and other debris or obstructions are removed from the well casing per Specification 02235. Identify wells during inspection and in reports consistent with identification numbers on the project map and the conditions report. Camera shall move through well in a downward direction, unless otherwise approved by the Engineer. Travel speed of camera shall be uniform with a maximum travel speed of 30 feet per minute. Non-uniform or jerky camera movements are not acceptable. The rotating head of the camera shall clearly view all structural defects, offsets, perforations and other pertinent observations as they are encountered. At points were the well casing shows defects or pertinent conditions the Contractor shall stop the camera, rotate, or tilt camera lens to ensure adequate video coverage. The Contractor shall provide digital photos of representative well conditions captured during the television. The camera shall be stopped and/or backed up to view and analyze conditions that appear unusual, uncommon, and pertinent for the well condition assessment. As the video is being produced, the technician shall provide and record an audio narration of the inspection, to include identification of the location of points of interest throughout the inspection as they are encountered. The audio narrative shall describe all notable defects and points of interest including the location. Audio portion of video shall be free from electrical interference and background noise. Audio dubbing after the inspection will not be permitted. Contractor shall notify Engineer immediately of any obstructions, which may limit or prevent video inspection of the well. Obstructions shall be removed in order to complete video inspection. Video showing debris on the lens, condensation, or otherwise poor image quality shall be cause for rejection and may necessitate re-televising at the Contractor’s expense. SURFACE CONDITIONS Verify that work of this section may be completed in accordance with the plans and specifications. Do not proceed with work in areas of discrepancy until all such discrepancies have been resolved. Sept. 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 01010-Page 3 of 4 3.8 A. 3.9 A. B. C. D. 3.8 A. B. C. D. E. SOUND CONTROL -. The noise level from the Contractor’s operation shall conform with the City of Oceanside’s applicable code. AIR POUTION AND WATER POLLUTION Take all measures to reduce air and water pollution caused by material or equipment used during construction. Do not dispose of any volatile wastes, oils, trash or debris in storm or sanitary sewers. Do not allow any waste material to fall into the well or be washed into streams or storm drains. Comply with all governing regulatory requirements. SAFETY 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. A welded or locked 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. 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. 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 in 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. 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** Sept. 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 01010-Page 4 of 4 SECTION 02235 SITE DEMOLITION PART l--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 and remove of all fencing, pipes, towers, concrete structures, pump motors, and their appurtenances from locations identified in Appendix “A.” Photographs of the wells and structures to be removed are included in Appendix “C”. 4. Pull pump, line shaft, and pump column from six (6) wells identified in Appendix “A”. 5. Provide water samples from each well to City for analysis. 6. Pump water from well casings as necessary to remove residual lubrication oils from well casings. 7. Prepare and clear well for video inspection. 9. Dispose of all water and residual oils removed from wells per California EPA regulations. 10. Dispose of all contaminated solids including oil residues on the pump, shaft and pump column per California EPA regulations. 1 1. Weld steel cap with 2” diameter locking access port on well casings. 12. 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. 13. Deviation from the stated procedures of the contract and specifications shall be made only by the approval of a written request to the Engineer. Sept 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 02235-Page 1 of 5 1.2 A. B. C. D. 1.3 A. B. C. 1.4 A. B. 1.6 A. 1.7 A. 14. 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. 15. No fieldwork shall be performed between February 1 and September 1 in conformance with the Projects CEQA document. PROJECT LOCATION The project it located in the City of Oceanside north of Mission Avenue and west of Foussat Road. For Location Map see Appendix “A”. Original Well Profiles and Logs are provided in Appendix “B”. Easement Documents. REGULATORY REQUIREMENTS Conform to applicable jurisdictional authority regulations and codes for disposal of debris. Conform with all applicable mitigation specified in the projects CEQA ( Mitigated Negative Declaration) document. Contractor shall comply with all applicable laws and ordinances regarding hazardous materials. REFERENCES California Department of Water Resource, Bulletin 74-90 and Bulletin 74-8 1. Standard Specifications for Public Works Construction, 2003 edition and supplements thereto. QUALITY ASSURANCE 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. LICENSES A Class A or Class (2-57 license is required for this contract. Sept 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 02235-Page 2 of 5 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.shal1 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. 2.2 Materials There are no items to be salvaged to the owner, which is currently the City of Carlsbad. A. Contractor shall use only materials approved by the San Diego County Department of Environmental Services for the work conducted on the wells. PART 3-EXECUTION 3.1. A. B. 3.2. A. B. PROCEDURE OF WORK Unless approved by the Engineer the procedure of work for each well shall be done as follows: Demolition shall consist of all work required for the demolition and removal of components of the wells including: demolition and removal of concrete structures, piping, pump motors, pumps, pump shafts, pump columns, fencing and assorted well appurtenances in the identified sites. Oily Water Removal shall consist of removal and disposal of oily water from the well casing per the governing regulatory agency requirements. Well and water in casing shall be clear of debris to provide video inspection. SURFACE CONDITIONS Verify that work of this section may be completed in accordance with the plans and specifications. Do not proceed with work in areas of discrepancy until all such discrepancies have been resolved. Sept 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 02235-Page 3 of 5 3.3 UTILITY AND SERVICE TERMINATION A. Locate any electric service connections and coordinate termination with SDG&E. 3.4.0 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. 3.4.1 DISPOSAL A. Dispose of all demolished material, trash, debris, and other materials in accordance with the regulations of jurisdictional authority. Contractor should anticipate well shaft, casing, and pumps to be coated with lubricating oils and shall be included with the various items of work and therefore is required with no additional allowance for payment beyond the lump sum price paid. B. Contractor shall provide water samples from well casing to the City for analysis. At the direction of the City, Contractor shall remove oily water from well casing and dispose of in compliance with governing regulatory agency. C. Contractor shall purge and dispose of up to 500 gallons of water per well, assuring all pump lubrication oil is removed. If additional purging is necessary according to the Engineer payment shall be made in accordance to Section 3-3 of SSPWC (Greenbook). 3.6 DUST CONTROL A. Provide dust control per the Standard Specification for Public Works Construction latest edition. 3.7 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. Sept 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 02235-Page 4 of 5 3.8 A. 3.9 A. B. C. D. 3.8 A. B. C. D. E. SOUND CONTROL The noise level from the Contractor’s operation shall conform with the City of Oceanside’s applicable code. AIR POUTION AND WATER POLLUTION Take all measures to reduce air and water pollution caused by material or equipment used during construction. Do not dispose of any volatile wastes, oils, trash or debris in storm or sanitary sewers. Do not allow any waste material to fall into the well or be washed into streams or storm drains. Comply with all governing regulatory requirements. SAFETY The Service Provider’s supervisor(s) must be ablz 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. 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. 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. 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 in 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. 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** .- Sept 2004 Well Equipment Removal and Inspection Specifications Contract No. 3903-3 GENERAL SCOPE OF WORK 02235-Page 5 of 5 APPENDIX ‘‘A” (INSERTED IN POCKET) APPENDIX “B” b . .- .- .I. I ... E. \V. Brsckman & Son Dirtribu tor PUMPS and EQUIFMENT 918 Wmrt Sixth Street, Corona, California May 14, 1948 .. ... -. .... .. . .: . ... .. .. .. Carlabad M utual Rater Coo .: . ... ... ... .. ..... ...... ... ,.._. i:.-.---. - .. .. .. .. .. . , .. .. Log and recoA of 14" Gravel pack sell Cadirig 14" Dquble 10 ga. - a t .. .. .. .. 1 .:. . *. . ,+ :+. , !.,.?' (,)k 1_ ;;- . . - ., . .. .. , .. .. .. ._ .. Starter -Special gravel pack type Shoe 24n -. ' Casing 14" Ocean mud Ocean mud and sand Sand and gravel Sand and pall gravel Ocesn mud and sand Sand and small gravel Coarse grevel and sand Clay .. : ... *t .- .. .. .. % Perforated from 1st to 196' -- Five cuts .* to the round, rounds 12" apart ?dills perforater 3/8" blade / Rell Started on April 21, 1943 Well completsd Hay 11, 1948 1 ,. f.. ..... ...... _.* ........ L..L....L.-. . .. ........... ............... ..... -.-. ....... -.-.., -. .. . .. Pomona Jot Myor8 Prersure Systems Pip. and Fittings \9 kl' U ., \ .. .. .. .. .. .. -' 1 Testing 4nd Pumping Equipment ?- ~ ' \1 WELL Zcry Phones...Offico 104...Res.576 and 140-W Established IOOS .. c / Rust-oleum Paint E. w. BWOCKMAN WELL DRILLING CONTRACTOR 918 West Sixth Street *. .. CORONA, CALIFORNIA .- . . . December 27, 1945 . .. . I. -.. +.. .. .. .. .. .. Carlsbad Mutual Kater Company ... -_ Log of 14" well. .- .. Black mud - 55 16 . .55 - 3-28 Black sand . 128 - 180 Send and grevel .. 180, - 196 Smd . 196 - 210 . Sand mdm&~d 210 ' - 212. Blue clay Cut from 190 to 130 feet every 12 inches. Five cuts to round. - I .- .. .. . .. . . - - . .._I . . . . . - -. - .. . . . - _. . . . _-_.. . ._ .. .. - CARLSBAD LVTUAL WATER COWASY Log of 2.4" Fell , Rose: . 16 River sand 0 a 55 . Black mud 55. 128 . .I. 128 - Black sand . . 0 :. .- 180 . ' Sand and gravel .. ... 180 196 . .. .. 9:. . . 196 . Sand. -. . 210 .. c- .. .. Sand and gravel - ., . - . .. . . .. . .- .. .. .. U 215 Blue clay .. 210 .. .. Cut from 190 to 130 feet every 12 inches, .* Five cuts to round. * - (E~st well) .. I .. Located in the N32 of NTi-f; of Sec. 18, T-ll-S, B-4-W, SBBU .Completed Dec. 1945, - - RorE Ui-Lc L>.. - .. . .. .. . _- a. 0-2sI. - . *. -. . - ire -14a' . ... ._ i 0.- . San Diego-San Luis Rey Valley Total depth of well 148 - 0-25 ft; . fine sand 25-80 ft; silt and fine sand ._ c 80-128ft; fine sand I.28-134ftj medium sznd with scattered small rock 3.34-140ft; coarse sand and to lot1 rock I 140-148ft; sand with equal amount of rock (very good) 148-160ft; fine sand and silt .- s NOTE: Well was filled back in to 148 feet with crushed rock. 32 feet of 10" line of which 20' was perferated, was set at this depth. Signed; Robert L Morrison, Well Driller .. . ,. .- Equipment -. Domestic 0 . Industrial Cable Irrigation 0. Testwell Dug Well CJ 'h.iunicipa1 Other 0 .. ".. .. I .. .:. - . .. 0. " a" " .. .. .. -. i.;- Trpc snd me of sboc or vrll ring " .. .. .. .. .. .. " .. .. .. .. " .a .. .. .. .. .. .. .. .. .. .. Dirrnrcrr of pcrforrrioni in., length in. .. .. v (5) WATER LEVELS: Dq-th at rbirh -.rter ras firir found fif - f1. 5tmd;ng lrrrl biforc prtforrrin: CI ft. Standing kvrl .fur perforatins 63. rc. Vas rlcccric log nidc of YcII? 0 Yrs 3 Xo If yrr. attach rupy. Sore your eburnation of acy change in watn Icrrl rtilr drilliar 33 . a surfacr amitarr icd proviJrJ? (6) WELL ' PUMPING TEST: ~apzriiy 9 xal./min. h. drav down I / (S) LOCATION OF WELL: . . .- " . - c-(r rack 134 - 140 - ceurt.ir aalxl nnd 4 to LO t* - ., ! ' , .,. - 76-76' lorf- I 117' - 98420 - /2D-128' - .. /20-/32' - ., . ~. ' . . _.. . . ,,, .. . . : .- ... . - .. . .. ........... --- --.. -- -" bELL .rr ............................................ Dt~lSlOW OF WATER REJOURCU (Sctions 1076,7077' 707S, Patw Codc) - .I \.-. ,dATE OF CALIFORNIA-DEPARTMENT OF PUB I Other Wdl No. "I, t. 0. BOX IO7. UCRAWENTO S. CALIrORNIA ,' DIVISION OF WATER RESOURCES "- . r. . .. -~ ~ (I) DRILLER: (person, firm, or corporation) i.t- b. L UZRS Name . " "T't Address Illif SA '*~Rnla . Btcondl40. Calif. .. n I nr n - .. "* " ~- ~ (6) WELL. PUhiPING TEST: Csprriiy til. /"io. It. Crav CCVI (7) TYTE OF WORK (check): scw w;clf f-=J Ikcpcnin~ txiscing wcll 0 RcconJitioning of well D .. 1 Rrgion, - (8) LOCATION OF WELL: :ourc* 5 - R. F. D. or Strrri No. - A f$c *;,a y.+; *p ....... 7 J --l? ,7 BrLrY- . . .-- . .I, ...... _.. ......... ._.._-__- u -..-_.. . j ..-. i....-.-. ._&..._..._.. .......... __- - ... ..-' ...... .. , -. .. .-.- .. .. .. .. .. .. .. , ' .. I. . .. . .. . _. / ' 1- .. - 0-25 - .. 25- 6 0'- .. Lo-00'- '. .. i: . .. II . .. . - ..................... ... - - .. - ... .- ..... ..--. . .-.-- ... -- .. .- .. .- .. ........ 1 ................ .......... ._--_-.--.-. _.-.-..---.-_ 2 -__--.-____ ........ .--A -..-.-- -.--..--.-- .. .. !I ...... .... .. .____ -_._. __.___._ .... .. ... ..... .. .. .. .. 'I .. .\L I. c.&:.. -- r --., Pornon. Jot .Toitins and Pumpfnp Equipmmnt Myerr Prerruro Systems *. Ertabliahod 1905 '',*Mi Phonor ... Office 104...Re1.576 and 140-W Pipe and Fittinga .- - WELL DRILLING CONTRACTOR 918 West Sixth Stmot 9 . CORONA, CALIFORNIA Decaber ll, 1955 .. . .. .. .4 .. . .. . ~ .. z .~ :. . . . .. .. -. . Rust-oloum Paint -. -. ... . Carlsbsd Mututil Rater ' Company .. .. .. .. .. - . .^ .. ., _. . - .. . .- .. . .. .. , .. .. .. *. .._ - .. .. .. Lbg of 14" opell. , - .. .. . . .. -* .. - .. .. . .. 0 -. 20 River sad 20 - ':go Bltck ocean sd .. . .- .. .. . . .. .. Cut from six cuts. 90 - 110 Black ocean szmd . 110 - 160 Sand and small wavel - ... . 160 - 161 Ocem mud . .. 161 - 165 Ocem nud end snd - 165 - 204 Coarse grcvd air12 sand 204 - 205 . Blue clay .. '* .. 189 to 165 feet every eight inches, vzith 9" blade. to round. .. Log of 14*' Cell. .. '0 U . 20 Mver sand 20 - 90 Black ocean sand 90 ' L. iio -. .. Bhck ocean sand 110 - : 160 Y . 160 . Y 161. Sand and anall gravel. Ocean mud . 161 . - 165 Ocean mud and sand 4 9 .. '. 204 Coarse gravel and sand - 204 - 205 Blue clay Cut from 189 to 165 feet every eight Inches, with'*n blade. SIX Cuts to round, - ' ('mest well) Located in'the NE* of "%'* Sec. 18, T-ll-S-, ~-4-W, SBBX. Completed De c. 1945. - .. - .- . .. ; 0 .. . .. .. .. .- Drilled by E. I?. Brockmn, 918 17. Sixth St. Corona, Calif. . &r, 394 4/8'. .. .' L .. _. ., .. .. . - .. 2 .. \ '8 .. APPENDIX “C” )/4” BEVEL 1 2 3 4 5 4= Q i i I 4” X 4” REDWOOD OR PRESSRE TREATED DOUGLAS FIR (S4S1 STEEL WELL CASING WFI D ON STFFI 2” INSIDE DIA. STEEL COUPLING WITH 2” LOCKABLE PLUG (T2 LOCKING PLUG FROM ENVIRONMENTAL SERVICES PRODUCT INC.) WELD ALL AROUND DISK SHAPE^ CAP (10 GA. MIN.) I REV. APPROVED DATE t CARLSBAD MUNICIPAL WATER DISTRICT WELL PRESERVATION DETAIL APPENDIX “C” NOTES: 1. ENTIRE MARKER POST SHALL BE PAINTED PRIOR TO INSTALLATION. PAINT 2 COATS OF BLUE EXTERIOR ENAMEL OVER A PRIME COAT, WITH 2” STENCILLED BLACK LETTERS PAINTED VERTICALLY, STATING ’CMWD’ & ’WATER’ ON ALTERNATE POST FACES. 2. CUT CASING TO 18” ABOVE EXISTING GROUND, MINIMUM. 3. PUMPS AND RESIDUAL LUBRICATION OILS AND DEBRIS SHALL BE REMOVED FROM WELL BEFORE CAPPING. P -I f WELL SITE NOT TO SCALE COI DIAMETER OF WELLS VARY DEPTH OF WELLS VARY I I CONTRACT NO. 3903-3 I .APPENDIX “DSS APPENDIX “D” Mission Basin Well Demolition, Contract No. 3903-3 Page 1 of 2 APPENDIX “D” r- 0 Z Mission Basin Well Demolition, Contract No. 3903-3 Page 2 of 2 &I e, 3