1 Wright Construction Engineering Corp.
Bid Protest Letter for Calle Frontera Lift Station Soil Stabilization Project
SENT VIA CERTIFIED MAIL & EMAIL
([email protected],
[email protected]) &
ALLIANCE DIVERSIFIED ENTERPRISES, INC
November 14, 2025
To: David Rebensdorf (Public Works Director/City Engineer) & Belgin Cuhadaroglu (Senior Civil Engineer) City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
RE: Calle Frontera Lift Station Soil Stabilization Project Subject: Formal Bid Protest- Alliance Diversified Enterprises, Inc. Bid Proposal To Whom It May Concern,
Wright Construction Engineering Corp hereby formally submits this bid protest regarding the apparent low bidder, Alliance Diversified Enterprises, Inc. (ADEI) for the Calle Frontera Lift Station Soil Stabilization Project that occurred on November 12, 2025. Based on our review of their bid package, we have identified material violations of the bid specifications and California Public Contracting Laws that render Alliance Diversified Enterprises, Inc. a non-responsive and non-responsible bidder under the terms and applicable law.
1) Failure to List Mandatory Subcontractors (Violation of California Subletting and Subcontracting Fair Practice Act). Alliance Diversified Enterprises, Inc failed to list subcontractors (See Attached Exhibit “A”) for a key component of the project requirements (Surveying) of which this scope of work would have exceeded the 0.5% of their bid amount, making theme mandatory to list under California Public Contracting Code Section 4104. Moreover, Alliance Diversified Enterprises, Inc. does not hold a California Land Surveyors License, which is required to perform the work independently and that this omission constitutes a direct violation of the California Subletting and Subcontracting Fair Practices Act Section 4100 & 4114, which states that failure to list the required subcontractors to perform the required work is subject for rejection of a bid proposal.
2) Failure to Meet Instructions to Bidder. In the project specifications, Section 00200: Instruction to Bidders (See Attached Exhibit “B”), All bids submitted shall be executed by the Bidder or its authorized representative and that bidders must provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any contract arising therefrom.
In the project bid package provided by ADEI at the time of bid, all signatory pages within the bid package were signed by Brandon Brockway, a Project Manager for ADEI, but nowhere within the bid package did ADEI provide a resolution of its Board of Directors or a Power of Attorney that would indicate Mr. Brockway’s legal capacity to bind ADEI to the terms of the Contract Documents as required on page 16 of the bid package (See Attached Exhibit “C”) & per California Corporations Code Section 313 (See Attached Exhibit “D”.. 3) Identity of Signer on Bid Bond. The bid bond provided by ADEI at the time of bid (See Attached Exhibit “E”) was missing a Notary Acknowledgment for the signature of the Contractor/Principal, thus making the bid bond provided by ADEI not valid and violates California Civil Code 1188 (See Attached Exhibit “F”).
Wright Construction Engineering Corp
2625 S. Santa Fe Avenue
San Marcos, CA 92069
Tel 760-599-3915 x 102
Fax 760-599-3920
[email protected]
[email protected]
Attachment 3
2 Wright Construction Engineering Corp.
Bid Protest Letter for Calle Frontera Lift Station Soil Stabilization Project 4) Failure to Meet Bid Requirements. In Section 00430: Contractor Information & Experience Form (See Attached Exhibit “G”), ADEI was required to provide a list of current projects that required ADEI to provide the Project Name, Client Contact Person and Phone Number, of which ADEI did not meet this requirement. 5) Local Vendor Preference. On November 12, 2025, the City had emailed Wright Construction (See Attached Exhibit “H”) stating that Wright Construction was the apparent low bidder, but due to the City of San Clemente Municipal Code Section
3.40.030(E) that provides a 7% preference to local vendors, the City would be awarding the project to ADEI. In the San Clemente Municipal Code Section 3.40.030(G) it states the any allegation of potential fraudulent behavior on the part of a entity or individual for the purpose of qualifying for and being awarded a local vendor preference shall be investigated by the City. Wright Construction is hereby requesting that City investigate if Alliance Diversified Enterprises, Inc. is in fact a local vendor as ADEI’s business license (See Attached Exhibit “I”) & the City’s Planetbids Website (See Attached Exhibit “J”) are both showing an address that is currently occupied by another business by the name of Western Ground Improvements (See Attached Exhibits K & L). It should also be noted that ADEI’s Small Business Certification, Statement of Information, Department of Industrial Relations Number and State Contractors Board (See Attached Exhibits M thru P) addresses are showing that the business is located in Escondido, CA and not San Clemente, CA. ADEI had also provided Wright Construction with a subcontractor bid proposal at the time of bid for the project (See Attached Exhibit “Q”), of which the proposal is also showing the companies location to be located in Escondido, CA. 6) Competitive Prejudice and Bid Fairness Violation. The violations illustrated above create an unfair competitive advantage for Alliance Diversified Enterprises, Inc. at the expense of all fully compliant bidders including Wright Construction Engineering Corp. Allowing a non-compliant bid to be considered furthermore compromises the integrity of the public bidding process and violates California Competitive Bidding Laws (Public Contract Code Section 100 et seq.)
Request for Corrective Action
Given these clear violations, we formally request that the City of San Clemente: 1) Reject Alliance Diversified Enterprises, Inc. bid as non-responsive and non-responsible based on the aforementioned deficiencies 2) Award the contract to the actual lowest responsive and responsible bidder, which is Wright Construction Engineering Corp 3) If necessary, conduct a formal review hearing in accordance with Public Contracting Code Section 10306 to ensure the bid protest is properly adjudicated.
Wright Construction appreciates the opportunity to provide the City with a responsive bid proposal and for the City’s prompt attention to this matter and we look forward to your decision. Please confirm receipt of this protest and provide a timeline for review.
All the information above is true and correct to the best of my knowledge on this 14th day of November 2025, Wesley Wright
WRIGHT CONSTRUCTION ENGINEERING CORP
Exhibit “A”
SECTION 00200
INSTRUCTIONS TO BIDDERS
7 SECTION 00200
INSTRUCTIONS TO BIDDERS
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
9. DESIGNATION OF SUBCONTRACTORS
Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one half of one percent (1/2%) of the Bidder’s Total Bid Price as well as the portion of work each such subcontractor will perform on the form provided herein by City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. The successful bidder will be required to self-perform at least 50% of the work.
In addition to submitting the List of Subcontractors form with its bid submission, each bidder shall, within 24 hours of the bid submission deadline, provide the City with a list of bid items that correspond to the portion of work listed for each designated subcontractor. Failure to provide this information in satisfactory form within the time prescribed may be cause for the City to deem the Bid non-responsive and the City may reject the Bid.
10. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.
The Contractor and all subcontractors must also obtain a valid City of San Clemente Business License and maintain a valid City Business License during the entire time that work is being performed under the contract. Information about obtaining a City business license is available via Internet at www.san-clemente.org/i-am-a-/business/business-license, by email to [email protected] or phone call to (949) 361-6166. Evidence of a valid City business license must be provided at the time specified in Section 19 of these instructions.
11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors Exhibit “B”
SECTION 00200
INSTRUCTIONS TO BIDDERS
8 SECTION 00200
INSTRUCTIONS TO BIDDERS
or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.
The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name.
12. BID GUARANTEE (SECURITY)
Each bid shall be accompanied by security in the form of: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. All certified and cashier’s checks must be drawn on a responsible bank doing business in the United States and shall be made payable to The City of San Clemente. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.
For electronic submittal of bids, the original bid security must be received at the City of San Clemente Public Works office, 910 Calle Negocio, Suite 100, San Clemente, CA 92673 within 24 hours of the bid opening date and time (excluding weekends and holidays). The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows:
OFFICIAL BID SECURITY - DO NOT OPEN
Project Name: CALLE FRONTERA LIFT STATION
SOIL STABILIZATION PROJECT
Bid Opening Date: 11/12/2025
13. SUBMISSION OF SEALED BIDS
Bids will only be received electronically through the City’s PlanetBids System Vendor Portal website at www.san-clemente.org/vendorbids. Bids will not be accepted after the specified Bid Opening date and time. The Bidder shall have the sole exclusive responsibility for ensuring that a Bid is received by the specified Bid Opening date and time. For technical support with the Exhibit “C”
State of California
CORPORATIONS CODE
Section 313
313. Subject to the provisions of subdivision (a) of Section 208, any note, mortgage, evidence of indebtedness, contract, share certificate, initial transaction statement or written statement, conveyance, or other instrument in writing, and any assignment or endorsement thereof, executed or entered into between any corporation and any other person, when signed by the chairperson of the board, the president or any vice president and the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation, is not invalidated as to the corporation by any lack of authority of the signing officers in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the same. (Amended by Stats. 2015, Ch. 98, Sec. 6. (SB 351) Effective January 1, 2016.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Exhibit “D”
Exhibit “E”
State of California
CIVIL CODE
Section 1188
1188. An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate pursuant to Section 1189. (Amended by Stats. 2013, Ch. 78, Sec. 1. (AB 464) Effective January 1, 2014.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Exhibit “E” Exhibit “F”
Exhibit “G”
From: Cuhadaroglu, Belgin [email protected] Subject: City of San Clemente Bid Proposal-CALLE FRONTERA LIFT STATION SOIL STABILIZATION PROJECT (32201) Date: November 12, 2025 at 4:09PM
To: [email protected]
Hi Jason,
Thank you for submitting a bid proposal. Although Wright Construction Engineering Corp are the lowest bidder, per the city’s municipal code, Alliance Diversified enterprises, Inc. becomes the lowest bidder.
The City received one bid from a local contractor, Alliance Diversified enterprises, Inc. (Alliance), with a base bid in the amount of $769,903.84.
According to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid,. Applying the preference amount of seven percent, Alliance’s base bid is reduced by $53,893.27 to $716,010.57. Therefore, Alliance is the lowest bidder.
San Clemente Municipal Code section 3.40.030 (E) :
Local Preference for a Sealed Bid. .....A seven percent preference shall be granted to local vendors on all sealed bids, unless waived prior to the contract award by the San Clemente City Council finding the waiver would serve the best interests of the City and the public. However, in no case shall the amount of the preference exceed $150,000.00. This provision shall not apply to contracts required by state or federal statutes and/or regulations to be awarded to the 'lowest responsible bidder', or otherwise exempted from local preference.
Please let me know if you have any questions.
Thank you.
-Bel
Belgin Cuhadaroglu, P.E. | City of San Clemente
Senior Civil Engineer | 910 Calle Negocio, CA 92673
office: 949.361.6128 | cell: 949.426 3138 | facsimile: 949.361.8316 e-mail: [email protected]
Exhibit “H”
11/13/25, 12:18 PM Business Search
https://sanclemente.hdlgov.com/Search/SearchBy 1/1
Exhibit “I”
City of San Clemente
Search & Bid on Thousands of Contracts
Showing 5 Bid Results
Wright Construction Engineering Corp
2625 S Santa Fe Ave
San Marcos, California 92069
Contact: Jason Merritt
Phone: 760-599-3915 ext. 102
CADIR $741,900.18
Alliance Diversified
209 Avenida Del Mar, Ste. 201B
San Clemente, California 92672
Contact: Brandon Brockway
Phone: 619-760-3327
Local $769,903.84
RE Chaffee Construction Inc
6025 Park Drive
Wrightwood, California 92397
Contact: Ronnie Chaffee
Phone: 760-249-8068
$1,166,900.00
Tharsos Inc.
7839 University Ave
La Mesa, California 91942
Contact: Michael Lopez
Phone: 619-464-1261
CADIR $1,264,970.00
Bosco Constructors, Inc.
21353 Mayall St.
Chatsworth, California 91311
Contact: Patrick Robinson
Phone: 818-700-0304
CADIR $1,809,444.00
www.vendorline.com
Vendor Type Bid Amount Responsive
CALLE FRONTERA LIFT STATION S…
Exhibit “J”
BA20250342634
Entity Details
Corporation Name WESTERN GROUND IMPROVEMENT, INC.
Entity No. 3339406
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address 209 AVENIDA DEL MAR
STE 201B
SAN CLEMENTE, CA 92672
Mailing Address of Corporation
Mailing Address 22212 PHOENIX AVE
CARROLL, IA 51401
Attention
Street Address of California Office of Corporation
Street Address of California Office 209 AVENIDA DEL MAR STE 201B
SAN CLEMENTE, CA 92672
Officers
Officer Name Officer Address Position(s)
KENNETH KEITH HOEVELKAMP 22212 PHOENIX AVE
CARROLL, IA 51401
Chief Executive Officer, Secretary, Chief Financial Officer Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
The number of vacancies on Board of Directors is: 0
Director Name Director Address
aaron michael bishop 209 AVENIDA DEL MAR STE 201B
SAN CLEMENTE, CA 92672
Agent for Service of Process
Agent Name AARON BISHOP
Agent Address 2235 CALLE OPALO
SAN CLEMENTE, CA 92673
Type of Business
Type of Business ENGINEERING
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.
Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 657-5448
B3454-0785 02/18/2025 2:54 PM Received by California Secretary of State
For Office Use Only
-FILEDFile No.: BA20250342634
Date Filed: 2/18/2025
Exhibit “K”
Exhibit “L”
Certification Type Status From To
SB-PW Approved 06/03/2024 06/30/2026
Printed on: 11/13/2025 1:18:32 PM
To verify most current certification status go to: https://www.caleprocure.ca.gov O!ice of Small Business & DVBE Services
Certification ID: 2035173Legal Business Name:Alliance Diversified Enterprises Inc.Doing Business As (DBA) Name 1:Doing Business As (DBA) Name 2:Address:665 Opper STCAescondidoCA 92029 Email Address:[email protected] Web Page:Business Phone Number:760/744-1005Business Fax Number:Business Types:Construction , Service Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
Exhibit “M”
BA20251476921
Entity Details
Corporation Name ALLIANCE DIVERSIFIED ENTERPRISES, INC.
Entity No. 3501785
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address 665 OPPER ST
ESCONDIDO, CA 92029
Mailing Address of Corporation
Mailing Address 665 OPPER ST
ESCONDIDO, CA 92029
Attention
Street Address of California Office of Corporation
Street Address of California Office None
Officers
Officer Name Officer Address Position(s)
+ Rian Grenke 665 OPPER ST.
ESCONDIDO, CA 92029
Chief Executive Officer
+ Evan Grenke 665 OPPER ST
ESCONDIDO, CA 92029
Chief Financial Officer, Secretary
Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
The number of vacancies on Board of Directors is: 0
Director Name Director Address
Rian Grenke 665 OPPER ST
ESCONDIDO, CA 92029
Chase Grenke 665 OPPER ST
ESCONDIDO, CA 92029
Evan Grenke 665 OPPER ST
ESCONDIDO, CA 92029
Agent for Service of Process
Agent Name Ian Hunter Rodriguez
Agent Address 665 OPPER ST.
`
ESCONDIDO, CA 92029
Type of Business
Type of Business CONSTRUCTION
Email Notifications
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 657-5448
B3857-3778 07/16/2025 10:16 AM Received by California Secretary of State
For Office Use Only
-FILEDFile No.: BA20251476921
Date Filed: 7/16/2025
Exhibit “N”
Public Works Support eCPR Search Knowledge Contractor Registra!on Search Project Registra!on Search Register Log in Home Customer Account Lookup 1000010481 - Alliance Diversified Enterprises, Inc.
AddressRelated ListsRegistration Dates 8ExtRegistration Start Date 2025-07-01
Email
[email protected]
Registration End Date
2028-06-30
Crafts
Operating Engineer
Mailing Address
665 Opper St
Mailing Address - City
EScondido
Mailing Address - State
CA
Mailing Address - Zip
92029
Mailing Address - Country
United States
Physical AddressPhysical Address - CityPhysical Address - StatePhysical Address - ZipPhysical Address - Country Exhibit “O”
Copyright © 2025 State of California
Home | Online Services | License Details
Contractor's License Detail for License # 979981
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
Business Information
ALLIANCE DIVERSIFIED ENTERPRISES INC
665 OPPER ST
ESCONDIDO, CA 92029
Business Phone Number:(760) 744-1005
Entity Corporation
Issue Date 01/09/2013
Expire Date 01/31/2027
License Status
This license is current and active.
All information below should be reviewed.
Classifications
A - GENERAL ENGINEERING
Certifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY .
Bond Number: 100771897
Bond Amount: $25,000
E!ective Date: 07/05/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual RIAN ROBERT GRENKE certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.
E!ective Date: 09/30/2025
BQI's Bond History
Workers' Compensation
An employee service group holds the workers compensation insurance.
Policy Number:C58834555
E!ective Date: 10/01/2024
Expire Date: 10/01/2025
Workers' Compensation History
Workers' compensation classification code(s):
6258 - Foundation Preparation Work
8810 - Clerical O!ice Employees
8227 - Construction/Erection Permanent Yards
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licensee’s insurance carrier. Contact information for the licensee's insurer is available by clicking the insurer link above.
Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.
The board does not verify or investigate the accuracy of classification codes displayed.
Other
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Exhibit “P”
665 Opper St. Escondido, CA, 92029
760.744.1005 P 760.539.9777 F
CSLB# 979981 DIR# 1000010481
CAISSON PROPOSAL
Date: November 12, 2025
Project: Calle Frontera Lift Station Soil Stabilization Project Gentlemen:
Alliance Diversified Enterprises, Inc. appreciates the opportunity to provide this Proposal for construction of the above-mentioned project. ADEI is a full-service contractor specializing in the design and installation of foundation, shoring and underpinning systems.
We have reviewed the following information as a basis for our pricing:
Plans by Stantec dated August 1, 2025
Soils Report by Ninyo & Moore dated No Date
Specifications by Stantec dated August 1, 2025
Addendums noted: None
SCOPE OF WORK:
Provide required submittals
One mobilization included
Drill 15 holes for caissons (560 LF)
Furnish, hoist and install 15 rebar cages
Provide and place up to 120 cubic yards of 4000 psi concrete (30% overage included)
SCHEDULE OF PRICES
Item Description Unit Quantity Unit Price Extended Price 1 Scope LS 1 176,035.43$ 176,035.43$
2 Mobilization LS 1 $ 15,000.00 $ 15,000.00
Total $ 191,035.43
Exhibit “Q”
665 Opper St. Escondido, CA, 92029
760.744.1005 P 760.539.9777 F
CSLB# 979981 DIR# 1000010481
Exclusions
Geotechnical Testing
Operations to prepare site for ADEI; adequate access for equipment and personnel Survey Control and Layout
Water pollution control plan (SWPPP)
Traffic Control
Disposal of drilling spoils offsite
Monitoring, testing and/or inspection
Temp. power & water; surveying, utility work, dewatering Concrete Washout
Permits, fees; third party inspections, costs & fees
Grading, excavation, clearing & grubbing
Waterproofing
Groundwater
Caving
Rock drilling
5% retention maximum
Rock pockets
OCIP deduct
Prices Based on our standard terms and conditions 2 pages attached.
Prices contingent on material pricing and all increases will be passed on to the customer If fuel goes 10% above average fuel cost at the time of this proposal there will be a surcharge Exhibit A - Continued
ALLIANCE DIVERSIFIED ENTERPRISES, INC. STANDARD CONDITIONS—DRILLING This proposal is based upon the following conditions, exclusions and requirements.
1. It shall be the responsibility of the Owner and/or Prime Contractor to coordinate the work of all other contractors, subcontractors, and material suppliers so as not to hinder, interfere with or delay Alliance Diversified Enterprises, Inc. work.
2. It shall be the responsibility of the Owner and/or Prime Contractor to provide safe access for all personnel, equipment, material and concrete trucks moving under their own power to and from each Alliance Diversified Enterprises, Inc. work location. Access includes ladders and stairways, as well as furnishing, placing and maintaining dry, level, firm benches, ramps, mats, gravel, etc., or other surface materials throughout the project.
3. It shall be the responsibility of the Owner and/or Prime Contractor to provide hoisting of materials and equipment, if required, due to lack of adequate access.
4. It shall be the responsibility of the Owner and/or Prime Contractor to provide all required field engineering, surveying and layout, including clearly marked center lines, grade, offset stakes, and elevations at each hole location and maintenance of same.
5. It shall be the responsibility of the Owner and/or Prime Contractor to provide all required soil, concrete and materials testing, inspection and/or system monitoring, permits, surveys, easements, permission to encroach, reports, as-built drawings, all required notices, licenses and bonds.
6. It shall be the responsibility of the Owner and/or Prime Contractor to provide suitable on-site areas for Alliance Diversified Enterprises, Inc.’s office, storage of materials and equipment and fabrication of materials.
7. It shall be the responsibility of the Owner and/or Prime Contractor to provide the protection, location, relocation, removal, rerouting and/or repair of all pavement, sidewalks, and utilities, underground or overhead, overhead wires, ducts, pipelines, conduits, and other obstructions, etc., in the project area and on adjacent property, so as to prevent any interference with any phase of Alliance Diversified Enterprises, Inc.’s work.
8. It shall be the responsibility of the Owner and/or Prime Contractor to provide continuous removal and disposal of all spoils and waste materials, debris, excess concrete and dunnage, so as not to interfere with or delay the progress of Alliance Diversified Enterprises, Inc.’s work.
9. Alliance Diversified Enterprises, Inc. shall not provide services with regard to the removal or disposal of hazardous substances or contaminated materials. Owner and/or Prime Contractor shall have sole responsibility for investigating the existence and location of hazardous substances or contaminated materials at the project site and furnishing all tests, inspections, warnings, notices, or posting required by law.
The encountering of any hazardous substances or contaminated materials shall be a differing site condition. If a hazardous substance or contaminated material is discovered, Alliance Diversified Enterprises, Inc. shall stop the work affected, notify the Owner and/or Prime Contractor, and have no obligation to perform investigation or remedial work. The Owner and/or Prime Contractor shall promptly investigate the condition and make all required determinations. If Alliance Diversified Enterprises, Inc. agrees to proceed, the Owner and/or Prime Contractor shall provide insurance with mutually agreed upon policy limits and give written direction to Alliance Diversified Enterprises, Inc. relating to completion of work under the Contract. Alliance Diversified Enterprises, Inc. shall be entitled to a time extension for the delay and compensation for all costs incurred, including but not limited to, the additional costs of performing contract work, extra work, delays, suspension of work, safety measures, etc.
Owner and/or Prime Contractor agree to indemnify, hold harmless, and defend Alliance Diversified Enterprises, Inc. and its owners, officers, employees, agents, subcontractors of any tier, suppliers, vendors, consultants and
representatives from and against any liability, claim, loss, penalty, damage, expense (including legal and expert expenses) or legal or administrative proceeding brought by any other party including any governmental or regulatory authority arising out of the existence, encountering, handling, transportation, disposal, release, response, remediation, or removal of the hazardous substance or contaminated material.
As used herein, hazardous substance or contaminated material shall be interpreted broadly to mean any substance, material, or waste encountered during the course of performance defined or designated as hazardous, toxic, or otherwise dangerous to human health, property, or the environment by any governmental or regulatory authority.
10. It shall be the responsibility of the Owner and/or Prime Contractor to provide site dewatering prior to the start of work so as to prevent hydrostatic head and/or not delay the progress of Alliance Diversified Enterprises, Inc.’s work. When Alliance Diversified Enterprises, Inc. is pumping water and/or drilling fluids from drilled shafts, it shall be the responsibility of the Owner and/or Prime Contractor to provide a sump within 100 feet of each location.
Should tanks or desilting basins be required, they are to be furnished and cleaned, and the material contained therein removed by others at no cost to Alliance Diversified Enterprises, Inc.
11. It shall be the responsibility of the Owner and/or Prime Contractor to provide traffic control and protection including all labor (flagpersons, flashers, etc.) and equipment, street cleaning, barricades, fences, or handrails, including relocation as required.
12. It shall be the responsibility of the Owner and/or Prime Contractor to provide all water, lighting, telephone service, sanitary facilities and electrical power, in such quantity and quality as required by Alliance Diversified Enterprises, Inc. within 200 feet of each work location.
13. Unless specified otherwise, only conventional auger tools will be supplied. Work items such as rock drilling, coring, dewatering, hand mining, hand cleaning, casing of shafts, and shoring of bells, as well as the repair of drill rigs, drill tools, and casing (damaged as a result of rock drilling or coring) will be extra work.
14. Concrete, approved by Alliance Diversified Enterprises, Inc. and furnished by others, is to be delivered to each drilled shaft location by the time drilling of the shaft is completed. All concrete to be placed per ACI 336.1.
15. In order to eliminate unsafe conditions, all shafts which are not completely filled with concrete are to be covered by others. Also, Alliance Diversified Enterprises, Inc. shall not be responsible for any portion of a shaft left open or not backfilled, to include top of concrete cutoff below grade, in which case the furnishing and placement of backfill material is required. All of the foregoing work is to be done by others at no cost to Alliance Diversified Enterprises, Inc.
16. Drilling access to shafts is to be provided prior to beam or cap excavation or agreed to in writing. If pile caps are excavated prior to drilling of piers, Alliance Diversified Enterprises, Inc.’s will not be responsible for cleanup of drill spoils from pile caps or for retrimming or fine grading bottom of cap. Alliance Diversified ALLIANCE DIVERSIFIED ENTERPRISES, INC. STANDARD CONDITIONS--DRILLING
Enterprises, Inc.’s will not be responsible for cleanup of sloughage from side walls of the cap or for overbreak concrete of neat pile cap excavation.
17. Unless otherwise specified, the removal of obstructions that interfere with Alliance Diversified Enterprises, Inc.’s work shall be extra work. Obstructions are defined as any material which cannot be drilled at a rate of 1 foot in one minute with a conventional earth auger and/or under-reaming tool. The use of special rock augers, core barrels, air tools, blasting, hand excavation and/or other methods of excavation, if necessary, will be extra work.
18. Reinforcing steel is to be furnished and tied to minimum lengths at locations convenient to shaft locations at no cost to Alliance Diversified Enterprises, Inc. All cages will be adequately tied with spacers and adequately braced so they will retain their shape during handling, placing of concrete, and casing withdrawal. Alliance Diversified Enterprises, Inc. will place these cages with its own personnel. Splices will be provided by others unless indicated elsewhere. If ironworkers or other crafts not employed by Alliance Diversified Enterprises, Inc. are required for such placement, this will be at the expense of the Owner and/or Prime Contractor.
19. Placement of concrete by pump is excluded from this proposal.
Excessive concrete overbreak is excluded.
20. Forming, placement of dowels, anchor bolts, keys or sandblasting, or any work above existing working grade is excluded. If the tremie method is used, any remedial work including but not limited to removal of excess concrete above cutoff is excluded.
21. For pay purposes, drilling depths are measured from the bottom of drilling unit's tires (or tracks) to the bottom of the drilled shaft.
22. The acceptance or rejection of a drilled shaft is to be upon immediate completion of that shaft including the placement of rebar and concrete. Changes made after acceptance will be at extra cost.
23. The add/deduct unit prices for any individual drilled shaft shall apply only when the variation from prescribed length does not exceed 0%.
24. Unless negligent, Alliance Diversified Enterprises, Inc. assumes no responsibility or liability for cracking or settlement of any existing streets, sidewalks, curbs, gutters, utilities, pavement, buildings or other improvements, or any other damages which may occur during performance of the work or which may be caused by vibration of machinery or equipment.
25. The removal of any materials once installed is excluded, unless such work is covered by bid item.
26. All work by Alliance Diversified Enterprises, Inc. will be done on a straight-time basis; directed overtime work will be performed only if costs are paid by others.
27. This proposal price is based on performing our work in one continuous, uninterrupted operation with only one move on and off the site. Each additional mobilization will be charged at $5,500.00.
28. Should conditions be encountered in the performance of Alliance Diversified Enterprises, Inc. work which differ from those (A) indicated by the Contract documents or soils data furnished to Alliance Diversified Enterprises, Inc. which are not part of the Contract documents, or (B) ordinarily encountered and generally recognized as inherent in work of the character provided in the Contract, an equitable adjustment and time extension will be made to cover the resulting cost.
29. No charges of any kind to Alliance Diversified Enterprises, Inc. will be accepted unless agreed to and signed for by an authorized representative of Alliance Diversified Enterprises, Inc. on a daily basis.
30. Unless specifically stated in writing herein, this quotation does not include any local, state, federal or other governmental agency taxes, including sales tax.
31. Alliance Diversified Enterprises, Inc. shall indemnify Prime Contractor (if any) and Owner with respect to any claim which arises directly from the negligence, if any, of Alliance Diversified Enterprises, Inc. in performance of its work hereunder, but the extent of such indemnity shall be only in proportion to Alliance Diversified Enterprises, Inc. share of the total fault causing the loss or damage on which such claim is based. Alliance Diversified Enterprises, Inc. shall have no other responsibility to defend, indemnify or provide insurance for Prime Contractor (if any), Owner or others with respect to claims arising from or related to Alliance Diversified Enterprises, Inc.’s work hereunder.
32. Alliance Diversified Enterprises, Inc. shall maintain in place, during the performance of its work hereunder, worker's compensation coverage as required by law, and bodily injury and property damage liability insurance (XCU exclusion deleted), with a combined single limit of $1 million. "Additional insured" coverage thereunder is limited to Alliance Diversified Enterprises, Inc.’s proportionate share of the total fault causing the loss or damage on which such claim is based.
33. No liquidated damages may be assessed without Alliance Diversified Enterprises, Inc. specifically agreeing in writing.
Alliance Diversified Enterprises, Inc. shall not be responsible for any consequential or incidental damages.
34. Modifications to these conditions or exclusions must be specifically described and initialed by an authorized representative of Alliance Diversified Enterprises, Inc.
35. Unless specified otherwise, extra work and items of work specifically excluded but performed by Alliance Diversified Enterprises, Inc., or delays resulting from interference or nonperformance of others, shall be invoiced at cost plus 20%.
36. During the work, progress payments are to be made bi- monthly.
These progress payments shall include costs for all materials purchased and/or fabricated, but not installed. Interest or late fees will be charged on all past due accounts, at the maximum rate allowable by law. Full payment for Alliance Diversified Enterprises, Inc. work is to be made within 15 days after substantial completion of our work. There is to be no retention withheld from this final payment. If there are phases or ramp removals, they shall be treated as separate jobs with an agreed-to value withheld.
37. Any controversy or claim arising out of or relating to this Contract, or to the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
38. Alliance Diversified Enterprises, Inc. shall be entitled to recover, in addition to any other damages or costs otherwise allowed, all reasonable attorneys' fees and costs, cost of expert witnesses, and other expenses incurred in enforcing Alliance Diversified Enterprises, Inc.’s right to payment or other benefits under this contract, irrespective of whether such enforcement is accomplished through the filing of an action at law, the prosecution of arbitration proceeding, or otherwise.
39. These conditions shall be attached to and become part of the Contract and shall take precedence over any conflicting provisions.
40. Unless specified otherwise, this bid quotation shall not remain in effect after 15 days of the bid date unless accepted in writing or by Contract.