HomeMy WebLinkAboutLekos Electric Inc; 1996-10-03; 34270
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Recording requested by: QF;ltlg* $mfl5 $hi 8Irt;u ir-n r LCJVli !li TV i 2~[8F;3EF~2
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CITY OF CARLSBAD 1
When recorded mail to: 1
)
City Clerk 1
City of Carlsbad )
1200 Carlsbad Village Dr. )
Carlsbad, CA 92008 ) Space above this line for Recorder's
NQTlCE OIF COMPLETION I .-__-
Notice is hereby given that:
1. The undersignea IS owner of the interest or estate stated below in the property
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbac
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed or
21, 1996.
6. The name of the contractor, if any, for such work of improvement is Lekos Electri
7. The property on which said work of improvement was completed is in the City c
County of San Diego, State of California, and is described as the traffic si
intersection of Paseo Del Norte and Camino De Las Ondas, Project No. 3427.
8. The address of said property is within the limits of the City of Carlsbad.
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VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Driv
above described work as completed and ordered that a Notice of Completion be file
Caiifornia, 92608; the City Couricii ui said CAY on Januarv 21 , 1997, i
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 23 , 1997, at Carlsbad, California.
CITY OF CARLSBAD
QQmi/?-.A &
ALETHA L. RAUTENKRANZ
City Clerk
TRAFFIC SIGNAL IMPROVEMENTS AT
PASEO DEL NORTE AND
CAMINO DE LAS ONDAS
CONTRACT NO. 3427
LEKOS ELECTRIC INC
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CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
TRAFFIC SIGNAL IMP'ROVEMENTS AT
PASEO DEL NORTE AND CAMINO DE LAS ONDAS 0
CONTRACT NO. 3427
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TABLE OF CONTENTS item
NOTICE INVITING BIDS ...............................................
CONTRACTOR’S PROPOSAL
BIDDER’S BOND TO ACCOMPANY PROPOSAL .............................
DESIGNATION OF SUBCONTRACTORS ..................................
BIDDER’S STATEMENT OF FINANCIAL RESPONSBIBILITY ......................
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ..............
BIDDER’S CERTIFICATE OF INSURANCE .................................
BIDDER’S STATEMENT OF DEBARMENT ..................................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CONTRACT - PUBLIC WORKS ..........................................
LABOR AND MATERIALS BOND .........................................
PERFORMANCE BOND ................................................
REPRESENTATION AND CERTIFICATION
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION .......................................
RELEASEFORM .....................................................
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SPECIAL PROVISIONS
I. MODIFICATIONS TO PART I OF THE STANDAIRD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION ..........................................
II. MODIFICATIONS TO PART II OF THE STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION ..........................................
Ill. MODIFICATIONS TO PART Ill OF THE STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION ..........................................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS @ Sealed bids will be received at the Office of the F'urchasing Officer, City Hall, 1200 Car
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 9th day Julv , 1996, at which time they will be opened and read, for performing the wo follows:
TRAFFIC SIGNAL IMPFtOVEMENTS AT
PASEO DEL NORTE AND CAMINO DE lAS ONDAS
CONTRACT NO. 3427
The work shall be performed in strict conformity with the specifications as approved by thc
Council of the City of Carlsbad on file with the Engineering Department. The specificatior the work include the Standard Specifications for Public Works Construction, (SSPWC),
Edition, and the 1995 and 1996 supplement, hereinafter designated "SSPWC', as issued b
Southern California Chapter of the American Public Works Association and as amended b
special provisions sections of this contract. Reference is hereby made to the specificatior full particulars and description of the work.
The City of Carlsbad encourages the participation 04 minority and women-owned business
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators contractors to utilize recycled and recyclable materials when available and where appropril
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bic
when a contractor or subcontractor has been debarred by another jurisdiction in California i
irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchz
Department. Each bid must be accompanied by security in a form and amount required by
The bidder's security of the second and third next lowest responsive bidders may be witt
until the Contract has been fully executed. The security submitted by all other unsucce
bidders shall be returned to them, or deemed void, within ten (10) days after the Contra
awarded. Pursuant to the provisions of law (Public Contract Code Section 10263), appror
securities may be substituted for any obligation required by this notice or for any monies witt by the City to ensure performance under this Contract. Section 10263 of the Public Cor
Code requires monies or securities to be deposited with the City or a state or federally chad
bank in California as the escrow agent. The escrcm agent shall maintain insurance to c
negligent acts and omissions of the agent in connection with the handling of retentions unde section in an amount not less than $100,000 per contract.
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The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal 8. Bidder's Statement of Technica 2. Bidder's Bond Ability and Experience 3. Non-Collusion Affidavit 9. Certificate of Insurance
4. Contract 10. Bidder's Statement of Debarme
5. Designation of Subcontractors 11. Purchasing Department 6. Amount of Subcontractors' Bid Representation and Certificatior 7. Bidder's Statement of Financial 12. Escrow Agreement for Security
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Responsibility Deposits (optional)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantiti
approximate and serve solely as a basis for the comparison of bids. The Engineer's Es
is $90,000.
No bid shall be accepted from a contractor who is not licensed in accordance wi
provisions of California state law. The contractor shall state their license number, expiratio
and classification in the proposal, under penalty of perjury. The following classificatior
acceptable for this contract: "A", "C10" in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract docume
lieu of the usual 10% retention from each payment, these documents must be complete1
submitted with the signed contract. The escrow agreement may not be substituted at z
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purcl-
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, Calif
for a non-refundable fee of $1 5.00 per set. If plans and specifications are to be mailed, thc
for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execu
Contract shall be those as determined by the Director of Industrial Relations pursuant '
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer
Contractor to whom the Contract is awarded shall not pay less than the said specified prev
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 SE
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subll
and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized o
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
apply to the Contract for work.
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A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as ind
in this proposal, times the unit price as submitted by the bidder. In case of a discre
between words and figures, the words shall prevail. In case of an error in the extension of
price, the corrected extension shall be calculated and the bids will be computed as ind
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
or written in with ink and must be initialed in iink by a person authorized to sign fc
Contractor.
Bidders are advised to verify the issuance of all a.ddenda and receipt thereof one day p
bidding. Submission of bids without acknowledgment of addenda may be cause of rej
of bid.
Bonds to secure faithful performance and warranlty of the work and payment of laborei
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (
respectively, of the Contract price will be required~ for work on this project. These bond:
be kept in full force and effect during the course of this project, and shall extend in full forc
effect and be retained by the City until they are released as stated in the Special Prov
section of this contract. All bonds are to be placed with a surety insurance carrier admitte
authorized to transact the business of insurance in California and whose assets exceec
liabilities in an amount equal to or in excess of the amount of the bond. The bonds
contain the following documents:
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1) An original, or a certified copy , of the unrevoked appointment, power of attornc
laws, or other instrument entitling or authorizing the person who executed the bc
do so.
2) A certified copy of the certificate of authority of the insurer issued by the insu commissioner.
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If the bid is accepted, the City may require copies (of the insurer's most recent annual statc
and quarterly statement filed with the Department of Insurance pursuant to Artic
(commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance 1
within 10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best'
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the busin
insurance in the State of California by the Insurance Commissioner. Auto policies offe
meet the specification of this contract must: ('I) meet the conditions stated above
insurance companies and (2) cover anv vehicle used in the performance of the contract,
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-schec
The auto insurance certificate must state the coverage is for "any auto" and cannot be I
in any manner.
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Workers’ compensation insurance required under this contract must be offered by a com
meeting the above standards with the exception th& the Best’s rating condition is waived.
City does accept policies issued by the State Compensation Fund meeting the requiremei
workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract.
additional cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submittin
required bonds and insurance, as described in the contract, within twenty days. If the Contr
fails to comply with these requirements, the City may award the contract to the second or
lowest bidder and the bid securiiy of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid C
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resoli
No. 96-140 , adopted on the 23rd day of Apri 1 , 19 96 .
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CITY OF CARILSBAD
TRAFFIC SIGNAL IMPROVEMENTS AT
PASEO DEL NORTE AND CAMINO DE US ONDAS
CONTRACT NO. 3427
CONTRACTOR’S F’ROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive 1 Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read
Notice Inviting Bids, examined the Plans and Specilications, and hereby proposes to furniz
labor, materials, equipment, transportation, and services required to do all the work to corn1
Contract No. 3427 in accordance with the Plans and Specifications of the City of Carlsbad,
the Special Provisions and that he/she will take in full payment therefor the following unit p
for each item complete, to wit:
Approximate
Item Quantity Unit 1. ~o. Description -~ and Unit Price Total
1 Traffic Signal at LS N/A 72 rZ16°”
sv- -kmwsd
-tu0 hu- d &x+-
Dollars (Lump Sum)
f%et/l.l*)W +
Dollars (Lump &m)
2 Signing and Striping at LS NIA 9T-
huW-fi ‘ve ”
2.m: 3 Concrete Work at LS N/A Til w -pl/.e hv&d
Dollars (Lump Sum)
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Approximate
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Item Quantity Unit No. Description arid Unit Price Total
4 Traffic Control at LS N/A 5a5 fi W huW
Dollars (Lump Sum)
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Total amount of bid in words: q $9 m cf.mavLd *'"&% 07/Lec dwt
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). n/! has/have been received and is/are included in
proposal.
The Undersigned has checked carefully all of the above figures and understands that the
will not be responsible for any error or omission on the part of the Undersigned in preparing
bid.
The Undersigned agrees that in case of defautt in executing the required Contract
necessary bonds and insurance policies within twenty (20) days from the date of awar
Contract by the City Council of the City of Carlsbind, the City may administratively authc
award of the contract to the second or third lowest bidder and the bid security of the lot
bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is license
do business or act in the capacit f a contractor within the State of California, validly licer
expires on N29/SS , and that thi&tatement is true and correct and has
legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant tc
Business and Professions Code shall be considered nonresponsive and shall be rejected b
City. 3 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shz
invalidated by the failure of the bidder to be licensed in accordance with California I
However, at the time the contract is awarded, the contractor shall be properly licensed. P
Contract Code § 201 04.
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under license number 5&0 classification Cd 0 W
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The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or ernployee of the City of Carlsbad is perso
interested, directly or indirectly, in this Contract, or the compensation to be
hereunder; that no representation, oral or in writing, of the City Council, its offic
agents, or employees has inducted him/heir to enter into this Contract, excepting
those contained in this form of Contract and the papers made a part hereof by its te
and
2. That this bid is made without connection with any person, firm, or corporation me
a bid for the same work, and is in all respects fair and without collusion or fraud.
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Accompanying this proposal is 4 bfd bmd
or Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which req
every employer to be insured against liability for workers’ compensation or to undertake
insurance in accordance with the provisions of that code, and agrees to comply with
provisions before commencing the performance of the work of this Contract and contini
comply until the contract is complete.
(Cash, Certified Check, E
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1 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article
relative to the general prevailing rate of wages for each craft or type of worker needed
execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
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City and State
(4) Zip Code Telephone IVo.
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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 m
by a general partner)
(3) Place of Business t (Street and Number)
City and State
(4) Zip Code Telephone No.
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
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(2) L ELL- Signature
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Title
Impress Corporate Seal I I
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1 City and State Ela;L20fl 6@ 42PC
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(3) Incorporated under the laws of the State of &;&@ i'&
(4) Place of Business I370 Piwiw I.)q
(5) Zip Code qyD >o Telephone No. his e 447 ?bb J
(Street and Number)
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST 10 ATTACHED
List below names of president, vice president, secrelary and assistant secretary, if a corpora
if a partnership, list names of all general partners, and managing partners:
TUim E. ws - P23.h-f-
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Name@) of Signer@)
personally appeared Tw&t E LbWS
C;kfjersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso
whose name(s) idare subscribed to the within instrun
and acknowledged to me that he/she/they executec'
same in his/her/their authorized capacity(ies), and thi
his/her/their signature(s) on the instrument the perso
or the entity upon behalf of which the person(s) a(
executed the instrument.
WITNESS my hand and official seal. -
u qignature of Notary Public
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Though the information below is not required by law, it may prove valuable fo persons relying on the document and could prE
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
C Individual 0 Individual
0 Corporate Officer
3 Partner - ;3 Limited 0 General 0 Partner - 0 Limited 0 General
3 Corporate Officer
Title (s) :
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association * 8236 Remrnet Ave P 0 Box 71 84 * Canoga Park CA 91 309-71 84 Prod No 5907 Reorder Call To1
BID SECURITY FORM
(Check to Accompany Bid)
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(NOTE: The following form shall be used if check accompanies bid.) 1.
Accompanying this proposal is a *Certified *Cashiers check payable to the order of (
OF CARLSBAD, in the sum of
do
($: *
this amount being ten percent (1 0%) of the total amiount of the bid. The proceeds of this ct
shall become the property of the City provided this proposal shall be accepted by the
through action of its legally constituted contracting authorities and the undersigned shall ft
execute a contract and furnish the required Performance, Warranty and Payment Bonds
proof of insurance coverage within the stipulated time; otherwise, the check shall be retui
to the undersigned. The proceeds of this check shall also become the property of the City i
undersigned shall withdraw his bid within the period of fifteen (1 5) days after the date set fo,
opening thereof, unless otherwise required by law, and notwithstanding the award of 1 contract to another bidder.
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- BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following p
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amoL
the bid .)
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GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT
SUBCONTRACTOR'S BID" AND "DESIGNATIOhl OF OWNER OPERATORS & AMOUl
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OF OWNER OPERATOR WORK FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Oper
disclosure forms Bidders are urged to review the definitions in Sectior
SS PWC especially, "Bid ,'I "Bidder," "Contract, " "Contractor, " "Co nl
Price," "Contract Unit Price," "Engineer," "Subcontractor" and "Work"
the definitions in Section 1-2 of the Special Provisions especially "(
Organization" and "Owner Opcarator/Lessee." Bidders are further urge
review the following sections of the Special Provisions 2-3. I "General
3.3 "Subcontractor Items of Work," 2-3.4 "Owner Operators" and 2
"Penalties and Remedies."
Bidders are cautioned that failure to provide complete and COI
information may result in rejection of the bid as non-responsive. Bids
propose performance of more than 50 percent of the work by other '
the Contractor's own organization will be rejected as non-responsiv
Bidders shall use separate disclosure forms for each Subcontractc
Owner Operator (O+O)/Lease of manpower and equipment th:
proposed to be used to complete the Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractc
Owner Operator/Lessee the percentage of the bid item installed by
Subcontractor or Owner Operator/Lessee being listed in the line 01
form must be entered under the column "O/O of Item by Sub" or "01
Item by O+O" as applicable. If a Subcontractor or 01
Operator/Lessee installs or constructs any portion of a bid item the e
amount of the Contract Unit Price shall be multiplied by the Quanti
the bid item that the Subcontractor or Owner Operator/Lessee insta
Suppliers of materials from sources outside the limits of work are
subcontractors. The value of materials and transport for materials '
sources outside the limits of work, as shown on the plans, shal
assigned to the Contractor or to the Subcontractor, as the case mal
installing them.
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Shc
shall be entered in the "Bid Item No." column.
When a Subcontractor has a Carlsbad business license the number I
be entered on the form. If the Subcontractor does not have a
business license enter "NONE" in the appropriate space.
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CAUTIONS
INSTRUCTIONS
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Bidders shall make any additional copies of the disclosure forms as
be necessary to provide tlqe required information. The numb€
additional form pages shall be entered on the first form page of each
so duplicated.
Bidder may, at its option, cornbine bid items on a single row in the t
on the disclosure forms. If using this option the Bidder must indicatc
bid item numbers to which the information in the row pertains. This 01
may not be used where the subcontractor or owner operatc
constructing or installing less than 100 percent of a bid item.
percentages and dollar amounts may be the sums of the bid items I
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I in that row.
When the Bidder proposes using a subcontractor or 01
operator/lessee to construct or install less than 100 percent of a bid
the Bidder must attach an explanation sheet to the designatio
subcontractor or designation of owner operator/lessee forms
applicable. The explanation sheet must clearly apprise the Agency o
specific tasks, materials and/or equipment that are proposed to b
supplied.
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9 0 Carlsbad Business License No.: /dm&
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DESlGNAllON OF SUBCONTRACTOR & AMIOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor tt
proposes to use. Additional copies of this form may be attached if required. This form mu:
submitted as a part of the Bidder's sealed bid. Failure to provide complete and co
information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractot preparing this bid for the Work and that the listed subcontractors will be used to perform
portions of the Work as designated in the list in accordance with applicable provisions o
specifications and Section 4100 et seq. of the Public Contracts Code- "Subletting
Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontr2
will be allowed to perform any portion of the Work and that no changes in the subcontrac
listed work will be made except upon the prior approval of the Agency.
Full Company Name:
Complete Address: 2
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D+AdA&& mu 4wK3 I drfY State Zip
Telephone Number plus Area Code: CTId3 lo ?% 0 45'50
California State Contractors License NO. ti Classification: SflS L e-32
of 1 pages of this form I Page- -
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Bid Bid Price % of
ltem of Item item by Total Item Price of Item by Tota
No. o+o Contract Item 0+0 Conk %of rFJryzlx
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B[DDER’S BOND To ACCOMPANY PROPOSAL
KNOW AU PERSONS 6Y THESE PRESENTS:
That we, LEKOS ELECTRIC, INC. I as Principal, and AND GUV CO&lf?m . 2s
Surety are held and firmly bound unto the City of Carisbad, California, in an amount as falid-:
{must be at least ten percent (10%) of the bid amount) mi PERCENT OF BID 10% for whk+ payment, well and truly made, we bind ourselves, our heirs, executors and administratafi,
successfJTs or assigns, jointly and severally, firmly by these presents.
THE CONDITlON OF WE FOREGOING OBLIGATION IS SUCH that if the proposal of the ab-
bounden Principal for:
UNITID STATES FIDELITY 0
TRAFFIC SIGNAL IMPROVEMENTS AT
PASEO DEL NORTE AND CAMINO C?E US ONDAS
CONfRACT NO. 3427
in the City of Carrfsbad, is accepted by the City Councit, and if the Principal shall duly enter icrc and execute a Contract including required bonds and insurance policies within twenty (20) dzys
from the date of award of Contract by the City Council (sf the City of Carlsbad, being dcty notified of said award, then this obligation shall become null and void; otherwise, it shall be e
remain in full force and effect, and the amaunt specified herein shalt be forfeited to the said CF?y-
(BID DATE: 7-9-!)6)
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CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
Countyof Sm DIEGO
before me, NICOLE. TEGHTMEYER, NOTARY PUBLIC
DATE NAME TITLE OF OFFICE*. E G “JANE WE NOTARY PUBLIC“
personally appeared JEROLD D. HALL
NAME(S) OF SIGNER(S)
personally known to me - OR - 17 proved to me on the basis of satisfactory evic
to be the person(s) whose name(s) i
subscribed to the within instrument an
knowledged to me that he/she/they exec
the same in his/her/their autho
capacity(ies), and that by his/her/
signature(s) on the instrument the persc
or the entity upon behalf of whict
person(s) acted, executed the instrur
-
Though the data below IS not required by law, it may prove valuable to persons relying on the document and coulc
fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUl CAPACITY CLAIMED BY SIGNER
i? CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
‘TmTfS)
NUMBER OF PAGES
I? GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIP((IES)
SIGNER(S) OTHER THAN NAMED AB(
BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 CaflOga Pa
12
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.
0 Executed by PRINCIPAL this 2ND day Executed by SURETY this 2ND wf
,19=. JULY of - of JULY -, l@L,
PRINCIPAL: SURETY:
LEROS ELECTRIC, INC,
(name of Principal)
UNITED :STATES FIDELITY BND GUaRBNTp CON
(name of Surety)
P.0, BOX 2382
(sign here) (address af Surery)
-ji& E WS,@#iht, '9 (714)985-3334
-
By: ' BRFA, CA 92622-2382
(print name here)
(Title and Organization of Slgnatury)
Q:& , JERQLD k HALL, ATTORNEY-IN-FACT
$1
'gn here) &
&hn 6. L$cLoG),viU fw<&d-
(print name here)
- e of Attorney-in-Fact)
(Attach corporate resolution showing cunent
power ot attorney.)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURRY 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 City Attorney
0
By: -
1 /29/96
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Power of Attamey 18 No. 108847
hall men byth prms:ThstUJw Wt RddilyUd 6- Cimpmy,a corporation orpabedand existing -the bm ofthe
Ik(lrybndandhovihgbprinci1 dfimatthsCiofEahimae,intheState ofMa~~bnd.dOlst herebycomtiMeandqpird James F. Teghtmey
Jerold D. Hall, Jack T. Warnock, Sandra J. Little and Bart B. Stewart
dthewof San Diego ,State of California itstrue nd lawful Attomevtsh.~acc each inmei ssparatecapacityif nu
namedabow. to sign ib namsarswoty to, and to emcute. seal and acknmvlw any and all bonds. udertakings.cartncrr nd othw&trn inst- in thc
ROBERT T. DwfR co, fNc,
Jerry Hall
Your representatice
(6 .I 9) 238- 1 828
1620 FIFTH AVE , SAN DIEGO, CA 92101
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
/&-i%a@m-,d* Pub/(
e and Title of Officer (e g 'Jane Doe Notar#ublic )
personally appeared Tm E LWS CShD 6. b&9S
Nnme(s) of Signer($
B/personally known to me - OR - C proved to me on the basis of satisfactory evidence to be the persc
whose name(s) idare subscribed to the within instrur
and acknowledged to me that helshelthey executec
same in lhis/her/their authorized capacity(ies), and th:
his/her/their signature(s) on the instrument the persoi
or the entity upon behalf of which the person(s) ac
executed the instrument.
WITNESS my 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 pfi
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Individual 0 Individual
0 Corporate Officer
Tit le( s) :
0 Partner - C Limited 0 General 0 Partner - 0 Limited C General
C Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder Call To1 0 1995 National Notary Association * 8236 Rernrnet Ave PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907
BIDDER’S BOND TO ACCOMPANY PROPOSAL
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KNOW ALL PERSONS BY THESE PRESENTS:
That we,
Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as foll
(must be at least ten percent (10%) of the bid amount) for v
payment, well and truly made, we bind ourselves, our heirs, executors and administrs
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATIClN IS SUCH that if the proposal of the at
bounden Principal for:
, as Principal, and I.
TRAFFIC SIGNAL IMPFtOVEMENTS AT
PASEO DEL NORTE AND CAMINO DE US ONDAS
CONTRACT NO. 3427
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
and execute a Contract including required bonds arid insurance policies within twenty (20) I
from the date of award of Contract by the City Council of the City of Carlsbad, being
notified of said award, then this obligation shall become null and void; otherwise, it shall be
remain in full force and effect, and the amount specified herein shall be forfeited to the said
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In the event Principal executed this bond as an individual, it is agreed that the death of Prin
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day Executed by SURETY this
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of I 19-. of 1 19-
PRlN CI PAL: SURETY:
I.
(name of Principal) (name of Surety)
By:
(sign here) (address of Surety)
(print name here) (telephone number of Surety)
13y:
(Title and Organization of Signatory) (signature of Attorney-in-Fact)
By: 1 (sign here) (printed name of Attorney-in-Fact)
I e (print name here) (Attach corporate resolution showing cu
power of attorney.)
(title and organization of signatory) I
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(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attachec
(President or vice-president and secretary or assislant secretary must sign for corporatior
only one officer signs, the corporation must attach a resolution certified by the secreta
assistant secretary under corporate seal empowering that officer to bind the corporation., 1
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI
Deputy City Attorney
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
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(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets ma
submitted under separate cover marked "CONFIDE!NTIAL."
fi'mds aflma in wledmvdqe a ai^$
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I (To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the propc
Contract he/she has successfully performed and give references, with telephone numbers, VI
will enable the City to judge his/her responsibility, experience and skill. An attachment ca
used.
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8 Name and Address
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bbUt UAIt Aeoim, CERTIFICAE OF INSURANCE n 05/15
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOR POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Roger Combe, Exec. V.p.
Robert F. Driver Co., Inc.
1620 Fifth Ave.
a-
CoMPANY iEmR C Gemeral Security Insurance Co. Lekos Electric, Inc.
1370 Pioneer Way F. z ir I , ~ __ -!
-- -- -
rRACT OR OTHER DOCUMENT WrRi ,!CIES DESCRIBED HERE!N IS SUBJ IUCED BY PA10 CLAIMS.
UMlTS
PERSONAL 8 AOV. !NJURY I S
R'S & CONFUCTER'S PROT. EACH OCCURRENCE §
ALL OWNED AUT-
HIRED AUTOS
NON-OWNES AUTSS
PROPERW DAMAGE
OMPANY WILL ENDEAVOR
CERTIFICATE HOLDER NI
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BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATUON
(To Accompany Proposal)
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BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
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1. Have you or any of your subcontractors ever been debarred as an irresponsible biddc
another jurisdiction in the State of California?
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I Yes no
2. If yes, what was the name of the agency and what was the period of debarment? 8
1 party debarred
1 agency
1 period of debarment
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT COClE SECTION 7106
State of California 1
County of 1
) ss. 1.
T3-m Ems
(Name of Bidder)
, being first duly sworn, deposes
and says that he or she is p!fdkw-
(Title)
of C&ki@ &@&&;C [HG
(Name of Firm)
the party making the foregoing bid that the bid is riot made in the interest of, or on beha
any undisclosed person, partnership, company, association, organization, or corporation;
the bid is genuine and not collusive or sham; that the bidder has not directly or indirc
induced or solicited any other bidder to put in a lake or sham bid, and has not direct1
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any mar
directly or indirectly, sought by agreement, communication, or conference with anyone to fii
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element o
bid price, or of that of any other bidder, or to secure any advantage against the public 1:
awarding the contract of anyone interested in the proposed contract; that all statem
contained in the bid are true; and, further, that the bidder has not, directly or indire
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divu
information or data relative thereto, or paid, and will not pay, any fee to any corpora
partnership, company association, organization, bid depository, or to any member or a
thereof to effectuate a collusive or sham bid.
I declare under penalt of perjury that the foregoing 11s true and correct and that this affidavit
executed on the & day of ~/u[L
n
1.
19%.
?' 1 i
uw LLA% Signature of Bidder
Subscribed and sworn to before me on the p- day of & 5 , 19:
(NOTARY SEAL) ILMaqflq .&-
Signature of Notary "
KATHERYN ZUERCHER COMM. I 10251% daw pdic - Califmia SAhl DIEGO Coum cmm. Expires MY 4.199
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CONTRACT- PUBLIC WORKS 0 This agreement is made this w day of zzad , IgK, by between the C' of Carlsbad, California, a munici$J czporation, (hereinafter called "City"), LEKOS ELEC 7 RIC, INC. whose principal plac business is 1370 PIONEER WAY, EL CAJON, CA 92020
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. DescriDtion of Work. Contractor shall perform id1 work specified in the Contract docurr
for:
TRAFFIC SIGNAL IMPROVEMENTS AT
PASEO DEL NORTE AND CAMINO DE US ONDAS
CONTRACT NO. 3427
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materials, t
equipment, and personnel to perform the work specified by the Contract Document:
Contract Documents. The Contract Documents consist of this Contract, Notice In\
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bid
Statements of Financial Responsibility, Technical Ability and Re Debarment, Non-coil\
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the SF
Provisions, and all proper amendments and changes made thereto in accordance wit1
Contract or the Plans and Specifications, and all bonds for the project; all of whicl
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
as indicated, specified, and implied by the Contract Documents. Any items of worl
indicated or specified, but which are essential to the completion of the work, shs
provided at the Contractor's expense to fulfill the intent of said documents. In all insta
through the life of the Contract, the City will be the interpreter of the intent of the Cor
Documents, and the City's decision relative to said intent will be final and binding. Fi
of the Contractor to apprise subcontractors and materials suppliers of this condition (
Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor's performance of work under this Con
City shall make payment to the Contractor per Section 9-3 of the Standard Specifica
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereir
designated "SSPWC", as issued by the Southern California Chapter of the American F
Works Association, and as amended by the !Special Provisions section of this cont
The closure date for each monthly invoice will be the 30th of each month. Invoices
the Contractor shall be submitted according to the required City format to the (
assigned project manager no later than the 5th day of each month. Payments w
delayed if invoices are received after the 5th of each month. The final retention an
2.
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shall not be released until the expiration of thirty-five (35) days following the recordil
the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 201 04.50 requires a summary of its contents to be set
in the terms of the contract. Below is such a summary. However, contractor should
to Public Contract Code section 20104.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputec
properly submitted payment request from a contractor on a construction contrac
payment is not made within 30 days after receipt of an undisputed and properly subn
payment request, then the city shall pay interest to the contractor equivalent to the
rate set forth in subdivision (a) of section 685 010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after ret
determine whether the payment request is a proper payment request. If the city deterr
that the payment request is not proper, then thle request shall be returned to the contr
as soon as practicable but not later than sever! (7) days after receipt. The returned re(
shall be accompanied by a document setting forth in writing the reasons why the pay
request was not proper.
If the ctty fails to return the denied request within the seven (7) day time limit, the
number of days available to the city to make payment without incurring interest shi
reduced by the number of days by which (!he city exceeds the seven (7) day r
requirement.
"Progress payment" includes all payments due contractors except that portion of the
payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this contract (hereir
"Release Form") shall be submitted prior to approval of each progress payment.
contractor shall list all disputed claims or potentially disputed claims which arise durin
pay period. The purpose of the Release Form is to bring timely attention to areas of di:
or potential dispute between the contractor and the City for the pay period. Failure c
contractor to submit a completed and executed Release Form shall constitutg
contractor's acknowledgment that no disputes of any type have arisen that pay peri
remain from previous pay periods and the contractor waives all future rights in m(
claims for disputes arising in those pay periods. All previous and new disputed clair
potentially disputed claims shall be listed on the Release Form until such time a
disputed claims are resolved. The contractor shall not modify the Release Form in any
5. Independent Investiaation. Contractor has made an independent investigation c
jobsite, the soil conditions at the jobsite, and all other conditions that might affec
progress of the work, and is aware of those conditions. The Contract price inc
payment for all work that may be done by Contractor, whether anticipated or not, in
to overcome underground conditions, Any information that may have been furnish
Contractor by City about underground conditions or other job conditions is for Contra(
convenience only, and City does not warrant that the conditions are as thus indic
Contractor is satisfied with all job conditions, including underground conditions and h2
relied on information furnished by City.
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6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible fc
loss or damage arising out of the nature of the work or from the action of the elemen
from any unforeseen difficulties which may arise or be encountered in the prosecutic
the work until its acceptance by the City. Contractor shall also be responsible for expe
incurred in the suspension or discontinuance of the work. However, Contractor shal
be responsible for reasonable delays in the completion of the work caused by acts of (
stormy weather, extra work, or matters which the specifications expressly stipulate w
borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging tren
or other excavations that extend deeper than four feet below the surface Contractor
promptly, and before the following conditions are disturbed, notity City, in writing, of
A. Material that Contractor believes may be material that is hazardous waste, as de
in Section 251 17 of the Health and Safety Code, that is required to be removed
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing
8. Subsurface or latent physical conditions at the site differing from those indicated
C. Unknown physical conditions at the site of any unusual nature, different materially
those ordinarily encountered and genera,lly recognized as inherent in work o
character provided for in the contract.
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City shall promptly investigate the conditions, and if it finds that the conditions do mate
so differ, or do involve hazardous waste, and cause a decrease or increase in contrac
costs of, or the time required for, performance of any part of the work shall issue a ch
order under the procedures described in this (Contract.
In the event that a dispute arises between City and Contractor whether the condi
materially differ, or involve hazardous waste, or cause a decrease or increase ir
contractor’s cost of, or time required for, performance of any part of the work, contr
shall not be excused from any scheduled completion date provided for by the contrac
shall proceed with all work to be performed under the contract. Contractor shall retair
and all rights provided either by contract or by law which pertain to the resolutic
disputes and protests between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, order char
modifications and extra work by issuance of wiriien change orders. Contractor shall r
no change in the work without the issuance of a written change order, and Contractor
not be entitled to compensation for any extra work performed unless the City has is
a wriien change order designating in advance the amount of additional cornpensatic
be paid for the work. If a change order deletes any work, the Contract price sht
reduced by a fair and reasonable amount. If thle parties are unable to agree on the am
of reduction, the work shall nevertheless proceed and the amount shall be determinc
litigation. The only person authorized to order changes or extra work is the PI
Manager. The wriien change order must be executed by the City Manager or the
Council pursuant to Carlsbad Municipal Code Section 3.28.1 72.
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9. lmmiaration Reform and Control Act. Contractor certifies he is aware of the requirerr
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and
complied and will comply with these requirements, including, but not limited to, veri
the eligibilrty for employment of all agents, employees, subcontractors, and consultant:
are included in this Contract.
10. Prevailina Wage. Pursuant to the California Labor Code, the director of the Departme
Industrial Relations has determined the general prevailing rate of per diem wagc
accordance with California Labor Code, Section 1773 and a copy of a schedule of
general prevailing wage rates is on file in the oflice of the City Engineer, and is incorpoi
by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shal
prevailing wages. Contractor shall post copies of all applicable prevailing wages on th
site.
11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense
indemnity and hold harmless the City, and its officers and employees, from all claims,
damage, injury and liability of every kind, nature and description, directly or indit
arising from or in connection with the performance of the Contractor or work; or from
failure or alleged failure of Contractor to comply with any applicable law, rule
regulations including those relating to safety and health; except for loss or damage v
was caused solely by the active negligence of the City; and from any and all claims,
damages, injury and liability, howsoever the same may be caused, resulting direci
indirectly from the nature of the work covered by the Contract, unless the loss or dar
was caused solely by the active negligence of the City. The expenses of defense in(
all costs and expenses including attorneys fees for litigation, arbitration, or other di2
resolution method.
Contractor shall also defend and indemnify the City against any challenges to the a
of the contract to Contractor, and Contractor will pay all costs, including defense cos
the City. Defense costs include the cost of separate counsel for City, if City reqi
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insur
against claims for injuries to persons or damage to property which may arise from
connection with the performance of the work hereunder by the Contractor, his ag
representatives, employees or subcontractors Said insurance shall meet the City’s F
for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverage: minimum limits indicted herein:
1. Comprehensive General Liabilitv lnsu rance:
$1,000,000 combined single limit per occurrence for bodily injury and pro
damage. If the policy has an aggregate limit, a separate aggregate in the am{
specified shall be established for the risks for which the City or its agents, of
or employees are additional insured.
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2. Automobile Liabi1.W Insurance:
$1,000,000 combined single limit per accident for bodily injury and pro
damage. In addition, the auto policy must cover anv vehicle used ir
performance of the contract, used onsite or offsite, whether owned, non-own
hired, and whether scheduled or non-scheduled. The auto insurance certt must state the coverage is for "any auto" and cannot be limited in any manr
3. Workers' Compensation and Employers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of the Sta
California and Employers' Liability limits of $1,000,000 per incident. Woi
compensation offered by the State Compensation Insurance Fund is acceptal
the City.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insui
required under this agreement contain, or are endorsed to contain, the follc
provisions. General Liability, Employers' ILiability and Automobile Liability Coveri
1. The City, its officials, employees and volunteers are to be covered as add?
insured as respects: liability arising cut of activities performed by or on beh
the Contractor; products and completed operations of the contractor; prer
owned, leased, hired or borrowed by the contractor. The coverage shall cc
no special limitations on the scope ol: protection afforded to the City, its offi
employees or volunteers. All additional insured endorsements must be evide
using separate documents attached 'to the certificate of insurance; one for
company affording general liability, ernployers' liability and auto liability cove
2. The Contractor's insurance coverage shall be primary insurance as respect
Cdy, its officials, employees and volunteers. Any insurance or self-insui
maintained by the City, its officials, ernployees or volunteers shall be in exce
the contractor's insurance and shall riot contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not l
coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to
insured against whom claim is made or suit is brought, except with respect 1
limits of the insurer's liability.
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(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made" t
coverage shall be maintained for a period of three years following the da
completion of the work.
(D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement be endorsed to state that coverage shall not be nonrenewed, suspended, vc
canceled, or reduced in coverage or limits except after thirty (30) days' prior H
notice has been given to the City by certified mail, return receipt requested.
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(E) DEDUCTIBES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -Any deduci or self-insured retention levels must be declared to and approved by the City. 1
option of the City, either: the insurer shall reduce or eliminate such deductibles o
insured retention levels as respects the City, its officials and employees; o
contractor shall procure a bond guaranteeing payment of losses and re
investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION -All policies of insurance required under this agree shall contain a waiver of all rights of subrogation the insurer may have or may ac
against the City or any of its officials or employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured i
its policies or shall furnish separate certificates and endorsements for
subcontractor. Coveragesfor subcontractors shall be subject to all of the requirer
stated he rein .
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that h.
rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorizl
transact the business of insurance by the State of California Insurance Commiss
as admitted carriers as evidenced by a listing in the official publication o
Department of Insurance of the State of California and/or under the standards spec
by the City Council in Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificat
insurance and original endorsements affecting coverage required by this clause.
certificates and endorsements for each insurance policy are to be signed by a pt
authorized by that insurer to bind coverage on its behalf. The certificates
endorsements are to be in forms approved by the City and are to be receivec
approved by the City before work commt antes.
(J) COST OF INSURANCE -The Cost of all insurance required under this agreement
be included in the Contractor’s bid.
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13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolv
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chap
Article 1.5 (commencing with section 201 04) which are incorporated by reference. A
of Article 1.5 is included in the Special Provisions I section. The contractor shall in
submit all claims over $375,000 to the City using the informal dispute resolution pro
described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstandin!
provisions of this section of the contract, all cllaims shall comply with the Government
Claim Act (section 900 et seq., of the California Government Code) for any claim or c
of action for money or damages prior to filing any lawsuit for breach of this agreeme
(A) Contractor hereby agrees that any contract claim submitted to the City mu: asserted as part of the contract process; as set forth in this agreement and n
anticipation of litigation or in conjunction with litigation.
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(B) Contractor acknowledges that if a false claim is submitted to the City, it ma! considered fraud and the Contractor may be subject to criminal prosecution.
(C) Contractor acknowledges that California Glovernment Code sections 12650 et seq. False Claims Act, provides for civil penalties where a person knowingly submits a -
claim to a public entity. These provisions include false claims made with delibc
ignorance of the false information or in reckless disregard of the truth or falsity o
information.
(D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims A is entitled to recover its litigation costs, including attorney’s fees.
(E) Contractor hereby acknowledges that the filing of a false claim may subjecl Contractor to an administrative debarment proceeding wherein the Contractor ma
prevented from further bidding on public contracts for a period of up to five yea1
(F) The provisions of Carlsbad Municipal Codie sections 3.32.025, 3.32.026, 3.32.027
3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Contractor hereby acknowledges that debarment by another jurisdiction is ground the City of Carlsbad to disqualify the Contractor or subcontractor from participatit
contract bidding.
e
L I have read and understand all provisions of Section 13 above.
14. Maintenance of Records. Contractor shall maintain and make available at no cost tc
City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Ch:
1, Article 2, of the Labor Code. If the Coritractor does not maintain the recorc
Contractor’s principal place of business as specified above, Contractor shall so inforn
City by certified letter accompanying the return of this Contract. Contractor shall notifi
City by certified mail of any change of address of such records.
-------------- Initial
0
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sec
1720 of the Labor Code are incorporated herein by reference.
16. Securiiy. Securities in the form of cash, cashier’s check, or certified check ma
substituted for any monies withheld by the City to secure performance of this contra(
any obligation established by this contract. Any other security that is mutually agrec
by the Contractor and the City may be substituted for monies withheld to er
performance under this Contract.
17. Provisions Required bv Law Deemed Inserted. Each and every provision of law and cI(
required by law to be inserted in this Contract shall be deemed to be inserted herein
included herein, and if, through mistake or otherwise, any such provision is not inse
or is not correctly inserted, then upon application of either party, the Contract shall fortt
be physically amended to make such insertion or correction.
...
... a 1 /:
@
18. Additional Provisions. Any additional provisicms of this agreement are set forth ir
"General Provisions" or "Special Provisions" attached hereto and made a part hereof
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST
AlTACHED
e
(CORPORATE SEAL)
CONTRACTOR: w4 @?.LWiCIhc/
(name of Contractor)
By:
(sign here) ATTEST:
' JC /j :
Y4-.ZGG.- ?-( , '\ *> ;,%. ,,we TrnM 45 w5, PkiW-2
(print namehitie) f.TWW City Clerk
By:
(sign here) 0
(print name/title)
President or vice-president and secretary or assistant secretary must sign for corporatio
only one officer signs, the corporation must attach a resolution certified by the secreta
assistant secretary under the corporate seal empowering that officer to bind the corporal
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
I) I/
@
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMIENT
Nane(s) of Signer($ personally appeared
drsonally known to me - OR - [7 proved to me on the basis of satisfactory evidence to be the perso
whose name(s) is/are subscribed to the within instrun
and acknowledged to me that he/she/they executed
same in I-is/her/their authorized capacity(ies), and tha
his/her/their signature(s) on the instrument the persor
or the entity upon behalf of which the person(s) ac
executed the instrument.
WITNESS my 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 pn
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Individual 0 Individual
G Corporate Officer
3 Partner - 0 Limited 0 General C Partner - 0 Limited C General
3 Corporate Officer
Title(s):
Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association - 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Tc
BOND NO. ~U-U~ZU--J~~YU-YO-~
LA8OR AND MATERIALS BOND
WHEREAS, the C'ty Council at the City of Carisbad, State of California, by Resoluti
No. 96-283 , adopted AUGUST 20, 7996 , ha5 awarded LEKOS ELECTRIC, INC. (hereinat designated as the 'Principal"), a Contract for:
TRAFFIC SlGNAt IMPROVEMENTS AT
PASCQ DEL NORE AND CAMfNO DE LAS ONDAS
CONTRACT NO. 3427
c-
in the City of Carlsbad, in strict conformity with the drawings and specifications, and oi Contract Documents now on file in the Office of the City Clerk of the Ci of Carlsbad and a which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms the require the fumishlng of a bond, providing that if Principal or any of their subcontractors : fail to pay for any materials, provisions, provender or other supplies or teams used in, up0 about the performance of the work agreed to be done, or for any work or labor done the! of any kind, the Surety on this bond will pay the :;arm to the extent hereinafter set forth.
NOW, THEREFORE, WE, Principal, {hereinafter designated as the "Contractor"), and UPTITED STATES FIDELITY BN Surety, am held ffnnly bound unto the City of Carisbad in the sum of FORTY THOU5
F 1 VE HUNDRED FORTY FIVE AND 50 / 1 00--------------------------- -u
($ 40,545.50 1, said sum being tiy peizent (50%) of the estimated amount pa! by the City of Carlsbad under the terms of the Contract, for which payment'well and truly 1 made we bind ourselves, our heirs, executors and administrators, successors, or assigns, j(
and severally. firmly by these presents.
THE CONDITION OF THIS 0BUGATlON is SUCH that if the person or hisher subcontrf fail to pay for any materiais, provisions, provender, suppiies, or teams used in, upon, fl about the performance of the work contracted to be done, or for any other work or laborthc
of any kind, or for amounts due under the Unemployment Insurance Code with respect tc work QT labor, or for any amounts required to be deducted, withheld, and paid over Employment Development Department from the wages of employees of the contractc subcontractors pursuant to Section 13020 of the Unemployment lnsurancb Code with re to such work and labor that the Surety will pay for the same, not to exceeh the sum spr in the band, and, also, in case suit is brought upon the bond, costs and reasonable exF and fees, including reasonable attorney's fees, to be fiied by the court, as required I provisions of Section 3248 of the California Civil1 Code.
This bond shall inure to the benefit of any and all persons, companies and corporations c to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with 5
3082).
Surety stipulates and agrees that no change, extension of time, atteration or addition terms of the Contract, or to the work to bet performed thereunder tr the specifi accompanying the same shall affect its obligations on this bond, and it does hereby waiw
of any change, extension of time, alterations or addition to the terms of the contract o
work or to the specifications.
LEKOS ELECTRIC, INC. -
0
1.
f
f
m
@ I 0 0
i
I - r
I
--
Y
3
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tn the event that Contractor is an individual, it is agreed that the death of any such Con shalt not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 29TH Executed by SUREP/ this 29TH
0%.
day of AUGUST ., 19x. CJf AUGUST I 19-
CONTRACTOR: SUREIY.
LEKOS ELECTRIC, INC. 1JNIlXD STATES FIDELITY AND GU
(name of Contractor) lnarne of Surety)
P.O. BOX 2382
(address of Surety) z- BREA, CA 92822-2382 By: uchu4-PdU
(sign here)
-n_ (714) 985-3334
(telephone number of Surety) Ti& ems
VmhfmCcy~T-
(print name here)
{title and organrzation ofAignatory)
By: (slgn here) (printed name of Attorneyin-Fact)
P-
(print name here) (attach corporate resolution showing t
power of attorney) . e
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SUREN must be atte
(President or vice-president and secretary or assistant secretary must sign for corporati
only one officer signs, the corporation must attach a resolution certified'by the secre
assistant secretary under corporate seal empowering that officer to bind the corporatio
APPROVED AS TO FORM: t
RONALD R. BALL
I
d t
,- i @ 1)
I
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1
I
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMIENT
)ifpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persoi
whose niime(s) is/are subscribed to the within instrurr
and acknowledged to me that he/she/they executed
same in t-iis/her/their authorized capacity(ies), and thz
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual I7 Individual
0 Corporate Officer
G Partner - 0 Limited 0 General 0 Partner - G Limited 3 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator
0 Corporate Officer
Title (s) :
0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder: Call To1 0 1994 National Notary Association * 8236 Remrnet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
Countyof Sm DIEm
8-29-96 before me, NICOLE TEGHTMEYER, NOTARY PUBLIC
DATE NAME TITLE OF OFFICER E G "JANE COE NOTARY OuBLiC"
personally appeared JEROLD D. HALL
YAME(S) OF SIGNER(S)
personally known to me - OR - proved to me on the basis of satisfactory evid
to be the person(s) whose name(s) i:
subscribed to the within instrument anc
knowledged to me that he/she/they exec
the same in his/her/their author
capac:ity(ies), and that by his/her/
signature(s) on the instrument the persc
or the entity upon behalf of whict-
person(s) acted, executed the instrur
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUR
c] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TmT(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIP/(IES)
SIGNER(S) OTHER THAN NAMED ABC
BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Parl
_________~~ ~ cy 12:
1,
fhu I - United States Fidelity and Guaranty Company
Power of Attorney 10 No. 108847
Knowall msn by these presmts:ThtU.itrd Swskdrfltlud 6- Ctmpmy,a coporation mud and existing u&rh bws of thr
Ma~andhoviigbpriripal dfiiaiheCiof Lltimae. mtheStateofMaly~.docu~comtiMeadippoir~ James F. Teghtmey
Jerold D. Hall, Jack T. Warnock, Sandra J. Little and Bart B. Stewart
dmeCityof San Diego ,%e of California itsuue andlrwhd Attansy(sWat each inwr separatecapacity if m
named ah. to S@I b MIM at swty to, and to axec~&, seal and acbmlacbe any and all bondr. dertakmgs. con$yts d other wriaen instnma\tt in ttn
QI kholf d mS Comprrv m its kaiMsr d gwnteek~ ths fidel@ of pmms guamMeeirp the pwfumance of cQntrods: and executinp 0tguarantwi~ bad
~kigtmquirador~in~#ionror~ngsrllowedbyIm.
h WbssWkored.thes8idUaW Statas W& wd Om- w, has causedthii inhwt to be sealed with b ~orpwats seal. dul I thss~ofittViResidaRmdAubtant~.lhi~ 14th &yd October .AD.19 94. 1
I I
I
..................... !j [;
/j SS. 1) sI.olofLIvlw I
Balfim~sW 1
the following Resdutions adopted ty the Board of Directors of the Unitod Stat- fi&n
BlwnnQ c0o)uy on September 24,1992: Rosoolvrl. mat in toMBCtion with the fwity and surety irrtuance businsu of lhe Compay. all bonds. undertakings, contracts and other inhffner
said business rnq be si@. erkutd. and admowledged ty pwsom or entities appointed (IS AROmeylsl-in+ad pwwnt to a Pow of Attomey issued in aua
these resolutions. .Saki Pow&) d Attorney faand on behatf d the Canpay may and shall bo executed in the name and on behal dthe Company. eitherbytt
the ResM or an hkutive Vi Pmsidmt ora Senior Vwe Resident or a Vwr Resident IH m Asistart Vis Resident pntty with the Secretary or an Afsi
vderthir r@e desigratiorU. Ths signat~~'O of such offcars may be engraved, wed of lithographed. The signatu8 of each of h forqoing otfiiers anj
Compsnv may be affixed by facsimils to any Power 01 Attomw or to any certifkats rebting themto appointii AttmtytsWactfor puposes onty d executq I
bonds and mdertakingr and other rn-hgs obliitw in the nature thereof, ad, rnb subsepuenttj revoked and subject to any limitations set forth therein, am
Attomg, 01 catifkate bearing such facsimile s'@ature or facsimile seal shall be valid nd binding upon the Company and any such power so executed and csrtif
facsimile signahre and facsimile seal shall be valid and bdi ro~n the Compary with reqiect to any bold or u&tahg to which it is validly attached. Rosolrrl. That AttomeylttiwFact shall have the pow and acrthwity, rnless subsequently revdred and, h any case, subject to the tm and limii
Power of Attorney bwd to them. to execute and deliver on behatf of the Cornpay and to almch the seal d b Canpany to any and all bmds and undertakw
writings obr+ptay in the nature ttweaf. and ant, such instnment clxecuted b such AttomeytsCin-Fact shall be as bdi rpon Ute Company as if signed by an t
and sealed and attested to ty the Secretary of the Compaw.
I. Thomas J. Fild, an Auistant Secretary d the Uabd SUbs Fidai ud (immptr Eoppuy, do haeby certrfy that the forming are ~NI
the Resokniau of the said Cunpany as ahpted by its Board of D~ectas on September 24,1992 ami that these Resolaim re in full force and eff gt
1, h udenied Assii Secretaly of the Uabd SUbr Melg rd 6luraaQ Company do hereby certily that the fwegoirq Power of Attorn
and eff~ and has not been revoked.
hTestMWhereof. I have hereunto set my hand
11
I
1
~ 1: I I1
I
I I
1
1 dayd AUGUST
I/
~
__I___ _______ ____ _________--__--___ ____-- _--- _-___-____I___ -________ ____ - __ ___ -__ _-_ - I.
ROBER f 1:. DRlm co, YNC,
Jerry Hall
Your representative
('6d9'238-I828
1636 FIFTH AVF , SAM DIEGO, rh ir . 92101
BUND NU. ~U-~J.LU-~OU~U-~U-~
a
FAITHFUL PERFORM AN CE/WARR ANN BOND
WHEREAS, the City Council of the CAW of Carlsbad, State of California, by Resoluti
NO. 96-283 , adopted AUGUST 20, 1996 , has awarded
LEKOS ELECTRIC, INC. , (hereina
designated as the "Principal"), a Contract for:
c"
TRAFFIC SIGNAL IMPROVEMENTS AT
PASEO DEL NORTE AND CAMINO DE LAS ONDAS
CONTRACT NO. 3427
in the C;@ of Carlsbad, in strict conformity with the contract, the drawings and specificatic
and other Contract Documents now on file in the Offlce of the City Clerk of the City of Carts1
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thc
require the furnishing of a bond for the faithful performance and warranty of said Contrac
NOW, THEREFORE, WE, LEKOS ELECTRIC, INC. , as Princ
(hereinafter designated as the "Contractof), and UNITED STATES FIDELITY AND
GUARATWl COMPANY , as Surety, are held and firmly bound unto the City of Crvls in the sum of EIGHTY ONE THOUSAND NlNETY ONE DOLLARS AND 00
_________________________________c____I_----------------------- 134
($ 81,091.00 J, said sum being equal to one hundred percent (100%) of the estin
amount of the Contract, to be paid to City or ifs certain attorney, its succesSbrs and assign
which payment, well and truly to be made, we bind ourselves, our heirs, executors
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THiS OBLIGATION IS SUCH that if the above bounden Contractor
heirs, executors, administrators, successors or assigns, shall in ail things stand to and abic
and well and ttuly keep and perform the covenants, conditions, and agreements in the Co
and any akeration thereof made as therein provided on their part, to be kept and perforn
the time and in the manner therein specified, arid in all respects according to their true
and meaning, and shall indemnify and seve harmless the City of Carlsbad, its of
employees and agents, as therein stipulated, then this obligation shall become null an6
otherwise it shalf remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified th
there shall be included costs and reasonable expenses and fees, including reasonable attc
fees, incurred by the City in succsssfully enforcing such obligation, all to be taxed as COS
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, aheratipn or addition terms of the Contract, or to the work to bo performed thereunder br the specifE
accompanying the same shall Mect its obligations on this bond, and it doe9 hereby waiw
of any change, extension of time, alterations or addition to the terms of the contract o
work or to the specifications.
p.
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U
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CaIm-
County of Sm DIEm
8-29-96 before me, NICOLE TEGHTMEYER, NOTARY PUBLIC
DATE NAME TITLE OF OFFICER E G "JANE DOE NOTARY PUBLIC"
JEROLI) D. HALL personally appeared
personally known to me - OR - Ci proved to rne on the basis of satisfactory evic
to be the person(s) whose name(s) i:
subsribed to the within instrument an
knowledged to me that he/she/they exec
the same in his/her/their authoi
capac:ity(ies), and that by his/her/
signature(s) on the instrument the persc
or the entity upon behalf of whict-
person(s) acted, executed the instrur
WITNESS my hand and official seal.
YAME(S) OF SIGNER@)
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF Al7ACHED DON!
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT m(s)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIM(IES)
SIGNER(S) OTHER THAN NAMED ABC
Om@
ED-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P 0 Box 7184 Canoga Pad
In the event that Contractor is an individual. rt is agreed that the death of any such Cor
shall not exonerate the Surety from 2s obligations under this bond.
Executed by CONTRACTOR this 29m Executed by SUREP/ this 29m
*
day of AUGUST ,19&. of AUGUST I 19.
CONTRACTOR: :SUR€TY:
=OS ELECTRIC, IMC. - UNITED STATES FIDELITY AND Gl
(name of Contractor) (name of Surety)
P.O. BOX 2382
By: BREA, CA 92822-2382 (sign here) (address of Surety)
Tom I2 w (714) 985-3334
(print name here) (telephone number of Surety)
?rnd&iW& 4 T&&W
(Title and Okpniationkf Signatory)
By:
(sign here) -
(print name here) (Attach corporate resolution showing 0 power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be atti
(President or vice-president and secretary or assistant secretery must sign for corporat
only one officer signs, the corporation must atiach B resolution certified by the sect?
assistant secretary under corporate seal empowering that officer to bind the carporatic
APPROVED AS TU FORM:
RONALD R. BAL
City Attorney
By:
P-
dIP e
~ ..- --
t
1%
dtheCilyof San Diego .State of California itstiw andbwhl Att&Wact b in their separatecapacity if m
named abwe, to si@^ its nam as surety to. and to axecute. seal and acknowledge uy and all bonds. urklakhgl. cmtncts and other mitten indnmsnts inth
on WIf d the Campnv in its kainsss d gurrrtclehg h fiii of patsons: guaranteeing the pwfomunce of cm: and execliting or guarantwhg bond
hWitnssWlmd,tt#srid UW Slaws WW ud 6u- -.has causedthi immmsnt tote sealed with its corporate sea1.d~
I I
~npuhdWpenninedhMyrcthSW~dbWd~kW. I
I thesislaus,ofksViResidsnt~~nt~~y,miS 14th chyd October .AD.19 94.
I ..................... 11
ROBERT f. DRIVLR CO., INC.
Jerry Hall
Your representativr
(62'9,~ 238-1628
7620 FIFTH AVE , SAN DIFGO, GA 92104
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMIENT
before me,
Nme(s) of Signer(s)
personally appeared
@‘(ersonally known to me - OR - 3 proved to me on the basis of satisfactory evidence to be the persc
whose name(s) is/are subscribed to the within instrur
and acknowledged to me that he/she/they executecl
same in liis/her/their authorized capacity(ies), and th,
his/her/their signature(s) on the instrument the perso
or the entity upon behalf of which the person(s) a(
executed the instrument.
WITNESS my hand and official seal
ignature of Notary Public
Though the information below fs not required by law, it may prove valuable to persons relying on the document and could pn
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date Number of Pages:
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
3 Corporate Officer
Title(s) :
0 Partner - 0 Limited C General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder Call To1 Prod No 5907 0 1995 National Notary Association * 8236 Remmef Ave PO Box 7184 * Canoga Park CA 91309 7184
A~EWKWca
Roger Combe, Exec. V.p.
Robert F. Driver Co., Inc.
1620 Fifth Ave. COMPANIES AFFORDING COVERAGE
Clarendon National Ins. Co ,$ -;' #/// c
CA 92101
Gemeral Security Insurance Co. Lekos Electric, Inc.
1370 Pioneer Way
CA 92020
THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BE
ERCIAL GENERAL UABIUN
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE UABIUTY
EMPLOYERS' UABlLlTY
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Traffic Signal Improvements at Paseo del Norte/Camino de las Onads, Carlsbad, CA
Subject to Policy Forms, Conditions & Limitations Contract Amount: !b81,091; Certificateholder is Additional Insu
Note: Cancellation Clause - 10 Days for Nonpayment of Premium
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E#B€kWf City of Carlsbad
1200 Carlsbad Village
Carlsbad, CA 92008
MAIL XDAYS WRIITEN NOTICE TO THE CERTIFICATE HOLDER N, -
AUTHORIZED RI
\s
r
0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BUSINESS AUTO ADDITIONAL INSURED ENDORSEMEN'
This endorsement modifies insurance provided under the iollowing:
BUSINESS AUTO COVERAGE
SCHEDULE
The following is added as an additional insured with respect to any covered auto while bein!
operated in conjunction with work performed by the named insured for the additional insurec
for the duration of that work.
City of Carlsbad
1200 Carlsbad Wage
Carlsbad, CA 92008
JOB: Traffic Signal Improvements at Paseo del Norte/Camino de las Ondas, Carlsbad, Cl
Contract Amount: $81,091.
0
This endorsement, issued by the following company, forms a part of the policy when attached, effectil
the inception date of the policy unless otherwise stated herein.
(The information below is required only when this endorsement isissued subsequent to preparati
policy.)
Endorsement Effective: 4/25/96
Policy No. MXA80158874
Named Insured: Lekos Electric, Inc.
Countersigned by
e
Clarendon America Insurance Company
Poliev #TNC0698950045
: Lekos Electric, Inc.
ADDITIONAL INSURED EiNDORSEMENT
With Primarv W'ording
It is hereby understood and agreed that coverage as is provided by thi!; policy is extended to include additional
insureds as required by written contract executed before loss requiring the Named Insured to obtain this
agreement from underwriters but only in respect of work performed by or on behalf of the Named Insureds
hereunder.
Insurance provided by this endorsement is excess of other valid and collectible insurance available to the
additional insured, whether primary, excess, contingent, or other basis.
However, the insurance provided by this endorsement shall be considered primary insurance and any other
insurance provided to the additional insured shall be excess and not contribute with the insurance provided by this
policy, only if written contract with the additional insured required this insurance to be primary.
This endorsement shall not operate to increase the limit of liability.
All other Terms and Conditions remain unchanged.
WAIVER OF SUBROGATIOIN ENDORSEMENT 0
It is hereby understood and agreed that underwriters waive all rights 04 subrogation against any person or organiz
by written contract but only in respect of work carried out by or on behalf of the named assured under written cont
before loss requiring the assured to obtain this agreement from underwriters.
Additional Insured
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
But Only As Respects the Followinq Jobsite:
Traffic Signal Improvements at Paseo del Norte; Camino del las Ondas, Carlsbad, CA
Contract Amount: $81,091
e
1
CUT THROUGH CLAUSE
a
Whereas in consideration of the acceptance of this policy by the Named Insured and other good and \.aluablc
consideration. tlie Clarendon National Insurance Coinpan!, as rcinsurer of Clarendon Anicrica Insurance ComF
agrees as folloux
1. In the event that the Ciarendon America Insurance Company shall default in the payment
of any loss payable under the terms of the above mentioned Policy. the said reinsurer agrees herebj, th;
\vi11 immediately assume 100% of the liability for said loss in accordance with tlie terms of said Policy
in no event shall the assumption by said reinsurer increase or decrease the amount recoverable under t
terms of the policy.
It is also agreed that in the ei.ent that the said reinsurer dial1 be called upon to meet the
obligation of the said Insurer because of the latter's default. the reinsurer shall be \.ested with all
subrogation. indemnity and other rights given by the Poliq. to the Insurer.
This agreement is subject to no other conditions or qualifications. unless listed belon..
2.
3.
0
All other Terms and Conditions of this policy remain unclianged.
0
CITY OF CARLSBAD
Purchasing Department 1200 Carlsbad Village Drive
Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
a
The following representation and certification should be completed, signed and returned to City of Carlsb
REPRESENTATIONS: Mark all applicable blanks. This Are you currently certified by CALTRANS'
ownership, operation and control of the business, in accordance with the specific definitions listed below is: Certification #:
(Check appropriate Ethnic Ownership Type) CERTIFICATION OF BU REP R ES E NTATIO N (S) :
Mark all applicable blanks. This offeror rc part of this offer that:
This firm is-, is not2 a minority bus This firm is-, is not/ a woman-own
WOMAN-OWNED BUSINESS: A womai ness is a business of which at least ! owned, controlled and operated by a worn Controlled is defined as exercising the p policy decisions. Operation is definec involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SER
offeror represents as part of this offer that the YES NO 2
DEFl N IT10 N S:
MINORIN BUSINESS ENTERPRISE: "Minority Busi- g&z?4l;cd cm.*a-+zn ness" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e.
American Indian, Eskimos, Aleuts and Native LICENSE NUMBER: GsQ 0 Hawaiians), and Asian-Pacific Americans (Le., US.
Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTl FlCATlO N: The information furnished is certified to be factual and correct (1s of the date submitted.
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CONSTRUCTION CONTRACTOR:
CLASS I FlCATlO N (S) : &o
TAXPAYERS I.D. NO. i?%%m05"
Lkw5 l3mr'c la& TN@% E'5
\wv P,*&b& Wh AD@T&61y, rn 4ll?g%
COMPAN .NAME F~$F~T~~zA~E
TITLE 4 b*Uk -NATURE h4y- %P t491p TREPHONE NUMBER DATE-
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OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad wl
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Cw
whose address
hereinafter c
"Contractor" and whose add
is hereinafter c,
"Escrow Agent."
For the consideration hereinafter set forth, the Cay, Contractor and Escrow Agent agre
follows:
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1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the State of Califo
the contractor has the option to deposit securiiies with the Escrow Agent as a substitul
retention earnings required to be withheld by the City pursuant to the Construction Con
entered into between the City and Contractor for
in the amount of dated (hereinafter referred 1
the "Contract"). Alternatively, on written request of the contractor, the City shall r
payments of the retention earnings directly to the escrow agent. When the Contri
deposits the securiiies as a substitute for Contract earnings, the Escrow Agent shall r
the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to c
negligent acts and omissions of the escrow agent in connection with the handlir
retentions under these sections in an amount not less than $100,000 per contract.
market value of the securiiies at the time of the substitution shall be a least equal to the
amount then required to be withheld as retention under the terms of the contract beh
the City and Contractor. Securities shall be held in the name of
, and shall designate the Contractor as the bene
owner.
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2. The City shall make progress payments to the Contractor for such funds which othet
would be withheld from progress payments pursuant to the Contract provisions, pro\
that the Escrow Agent holds securiiies in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the es
agent shall hold them for the benefit of the contractor until such time as the escrow cr6
under this contract is terminated. The contractor may direct the investment of the payrr
into securiiies. All terms and conditions of this agreement and the rights and responsib
of the parties shall be equally applicable and binding when the City pays the escrow E
d i rect I y.
4. The contractor shall be responsible for paying all fees for the expenses incurred b!
Escrow Agent in administering the Escrow Account and all expenses of the City. T
expenses and payment terms shall be determined by the City, Contractor and Escrow Ai
el 11
€B
5. The interest earned on the securities or the money market accounts held in escrow ar interest earned on that interest shall be for the sole account of Contractor and she subject to withdrawal by Contractor at any time and from time to time without notice tc
6. Contractor shall have the right to withdraw all or any part of the principal in the Es
Account only by written notice to Escrow Agent accompanied by written authorization City to the Escrow Agent that City consents to the withdrawal of the amount sought 1
withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default b!
Contractor. Upon seven days’ written notice to the Escrow Agent from the City o default, the Escrow Agent shall immediately convert the securities to cash and
distribute the cash as instructed by the City.
8. Upon receipt of wriien notification from the City certifying that the Contract is final
complete and that the Contractor has complied with all requirements and procec applicable to the Contract, the Escrow Agent shall release to Contractor all securiiiez interest on deposit less escrow fees and charges of the Escrow Account. The escrow be closed immediately upon disbursement of all moneys and securities on deposii
payments of fees and charges.
9. The Escrow Agent shall rely on the written ncltifications from the City and the contr
pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursemc
the securiiies and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive w notice on behalf of the City and on behalf of Contractor in connection with the foreg and exemplars of their respective signatures itre as follows:
For City: Title
City. e
a
Name
Sig nat IJ re
Address
For Contractor: Title
Name
Sig natlu re
Address
For Escrow Agent: Title
Name
Signatlure
Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Est
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office1
the date first set forth above. @
For City: Title
Name
Signature
Add res
For Contract0 r: Title
Name
Signature
Address
For Escrow Agent: Title
Name 0 Signature
Address
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RELEASE FORM
THIS FORM SHALL BE SUBMllTED PRIOR TO APPROVAL OF MONTHLY PROGl
PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
*
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED WORK/CIAIMS
DESCRIPTION OF DISPUTED WORWCIAIM AMOUNT CLAIMED
10R EST1 MATE)
Contractor further expressly waives and releases any claim Contractor may have, of whz
type or nature, for the period specified which is not shown as disputed work/claim on this
This release and waiver has been made voluntarily by Contractor without any fraud, dure
undue influence by any person or entity. Contractor is referred to paragraph 4 of the F
Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government
Sections 12650-1 2655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028 impleme
the California False Claims Act and certifies that all claims submitted to the City shall be si
to the provisions of said codes and regulations.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and
due Subcontractors for the specified period will be paid according to Public Contract
Section 20104.50 and Business and Professions Code Section 7108.5 and that the p
signing below on behalf of Contractor have express authority to execute this release.
DATED:
e
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporation
By:
Title:
By:
Title:
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SPECIAL PROVISIONS
1. MODIFICATIONS TO PART I OF THE
STANDARD SPECIFICATIONS FOR PlJBLlC WORKS CONSTRUCTION 0
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
To subsection 1-1, add the following
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noteid," "scheduled," or words of similar impc
used, it shall be understood that reference is made to the plans accompanying these provii
unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it st-
understood that the direction, designation or selection of the Engineer is intended, unless :
otherwise. The word "required" and words of similar import shall be understood to me:
required to properly complete the work as requited and as approved by the City Engi
unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar impc
used, it shall be understood such words are followed by the expression "in the opinion
Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptanc
words of similar import are used, it shall be understood that the approval, acceptance, or 2
import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean 'that the Contractor, at her/his expense
perform all operations, labor, tools and equipment, and further, including the furnishin
installing of materials that are indicated, specified or required to mean that the Contrac
her/his expense, shall furnish and install the work, complete in place and ready to use, incl
furnishing of necessary labor, materials, tools, equipment, and transportation.
To subsection 1-2, make the following modifications:
Agency - the City of Carlsbad, California
Engineer - the City Engineer for the City of Carlsbad or his approved representative
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SECTION 2 - SCOPE AND CONTROL OF THE WORK
To subsection 2-4, make the following modifications:
Delete the third sentence of the first paragraph having to do with a surety being listed in the
latest revision of U.S. Department of Treasury Circular 570.
To subsection 2-4, delete paragraphs three and four and replace with the following:
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 and the payment bond shall be in the amount of 50 percent
of the contract price. Both bonds shall extend in full force and effect and be retained by the city
during the course of 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 35
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 payment bond shall be released six months plus 35 days after recordation of the Notice of
Completion if all claims have been paid.
To subsection 2-4, 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.
A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner. 2)
If the bid is accepted, the City 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.
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42 To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Delete subsection 3-3.2.3(b) and replace with the following:
3-3.2.3(b) Work by Subcontractor
When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10
percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5
percent on work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
To subsection 3-5, add the following:
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below:
Article 1.5 Resolution of Construction Claims
20104. (a)(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
1/29/96 @
receipt of the claim, any additional documentation suipporting the claim or relating to defense
the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursr
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 submitted to the claimant within 30 days after receipt of the further documentation, or with
period of time no greater than that taken by the claimant in producing the additional informa
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fail
respond within the time prescribed, the claimant may so notify the local agency, in writing, ei
within 15 days of receipt of the local agency’s response or within 15 days of the local agen
failure to respond within the time prescribed, respectively, and demand an informal confer€
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agc
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 disp the claimant may file a claim as provided in Chapter 1 (commencing with Section 900)
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Governn
Code. For purposes of those provisions, the running of the period of time within which a c
must be filed shall be tolled from the time the claimant submits his or her written claim pursi
to subdivision (a) until the time that claim is denied as a result of the meet and confer proc
including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor sha construed to change the time periods for filing tort claims or actions specified by Chaptl
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part
Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve clc
subject to this article:
(a) Within 60 days, but no earlier than 30 days, lollowing the filing or responsive pleadi
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulatic
both parties. The mediation process shall provide for the selection within 15 days by both pa
of a disinterested third person as mediator, shall be commenced within 30 days of the subm
and shall be concluded within 15 days from the commencement of the mediation unless a
requirement is extended upon a good cause showing to the court or by stipulation of I
parties. If the parties fail to select a mediator within the 15-day period, any party may petitior
court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitrz
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Cod
Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of
procedure) shall apply to any proceeding brought under the subdivision consistent with the r
pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrz
appointed for purposes of this article shall be experienced in construction law, and, L
stipulation of the parties, mediators and arbitrators shall be paid necessary and reason
hourly rates of pay not to exceed their customary rate, and such fees and expenses sha
paid equally by the parties, except in the case of arbitration where the arbitrator, for good ca
determines a different division. In no event shall thiese fees or expenses be paid by stat
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 Of
Code of Civil Procedure, any party who after receiving an arbitration award requests a triz
novo but does not obtain a more favorable judgment shall, in addition to payment of costs
fees under that chapter, pay the attorney’s fees of the other party arising out of the trial &I
(c) The court may, upon request by any party, order any witnesses to participate in
20104.6. (a) No local agency shall fail to pay mloney as to any portion of a claim whic
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44 undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
SECTION 4 - CONTROL OF MATERIALS
Add the following subsection:
4-1.3.1 Inspection Requirements
Contractor shall furnish Engineer with such information as may be necessary to keep him fully
informed regarding progress and manner of work and character of materials. Inspection of work
shall not relieve Contractor from any obligation to fulfill this Contract.
Delete subsection 4-1.4, and replace with the following:
4-1.4 Test of Material
Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements
indicated in the Standard Specifications and the Special Provisions. The cost of all other tests
shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
him before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after trial, it is found that sources of supply which
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. After improper storage, handling or any other reason shall be rejected.
Compaction tests may be made by the City and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the City.
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.
SECTION 5 - UTILITIES
To subsection 5-1, add the following:
The City of Carlsbad 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 of completeness of the utilities indicated on the Plans is not guaranteed.
1/29/96 e
To subsection 5-4, add the following:
The temporary or permanent relocation or alteration of utilities, including service connect
desired by the Contractor for Contractor's own convenience shall be the Contractor's ( responsibility, and the Contractors shall make all arrangements regarding such work at no (
to the City. If delays occur due to utilities relocations which were not shown on the Plans, it
be solely the City's option to extend the completion (date.
In order to minimize delays to the Contractor caused by the failure of other parties to reloc
utilities which interfere with the construction, the Contractor, upon request to the City, mal
permitted to temporarily omit the portion of work affected by the utility. The portion thus omi
shall be constructed by the Contractor immediately following the relocation of the utility invol
unless othewise directed by the City.
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SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
Delete subsection 6-5 and replace with the following:
6-5 Termination of Contract
Grounds for termination of the contract by the City include failure of the City or Contractc
obtain necessary permits from other governmental agencies, or unreasonable delay causec enforcement of laws and regulations by other publlic agencies, including but not limited
enforcement of the Endangered Species Act and other similar laws.
Delete subsection 6-7.1 and replace with the following:
6-7.4 General
The Contractor shall order the poles and mast arms for this project upon receiving a purct-
order from the City. Within seven (7) working days of the date of the purchase order,
Contractor shall furnish the Engineer with a letter from the supplier stating when all the si1
equipment will be available. The Engineer will issue a "Notice to Proceed" two weeks pric
the scheduled delivery date of the equipment. The Contractor shall begin work within fifl (15) calendar days after receipt of the "Notice to Proceed" and shall diligently prosecute
work to completion within thirty (30) consecutive wolrking days once construction begins.
To subsection 6-7.2, add the following:
Hours of work - All work shall be performed between the hours of 7:OO a.m. and 500 F
Monday through Friday. The Contractor shall obtain the approval of the Engineer if
Contractor desires to work outside the hours state herein.
Contractor may work on Saturdays, Sundays, or City holidays only with the written permissic
the Engineer. This written permission must be obtained at least 24 hours prior to such WOI
To subsection 6-8, add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and
faulty work or materials discovered during the guarantee period shall be repaired or replace
the Contractor, at its expense. Twenty-five percent of the faithful performance bond shal
retained as a warranty bond for the one year warranty period.
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Add the following subsection:
6-8.1 Nonconforminq Work
The Contractor shall remove and replace any work not conforming to the plans or specifications
upon written order by the Engineer. Any cost caused by reason of this nonconforming work
shall be borne by the Contractor.
Delete subsection 6-9 and replace with the following:
6-9 Liquidated Damages
Failure of the Contractor to complete the work within the time allowed will result in damages
being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Therefore, if the completion date is not met, the Contractor will
be assessed the sum of $250 per day for each day beyond the completion date as liquidated
damages for the delay. 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
To subsection 7-3, add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at
least A-:V and are 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.
To subsection 7-4, add the following:
All insurance is to be placed with insurers that are 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.
To subsection 7-5, add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
To subsection 7-8.1, add the following:
If the Engineer determines that clean-up or dust control is required on the project, the
Contractor shall provide it without regard to time of day, day of week, Contractor holiday, City
holiday, or legal holiday.
To subsection 7-8.5, add the following:
The Contractor shall obtain a temporary water meter from the appropriate water authority to
record the amount of water used for the construction of this project. The Contractor shall not
draw water from any source that is not metered. The cost of the meter and water is incidental
to the work and the Contractor shall not be entitled to any additional compensation for the meter
rental/deposit or water.
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Add the following subsection:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in g repair when in use on the project with special attention to City Noise Control Ordinance
3109, Carlsbad Municipal Code, Chapter 8.48.
Delete subsection 7-1 0.2 and replace with the following:
7-10.2 Storage of Ecluipment and Materials in Public Streets
Material shall not be stored in public streets. Equipment may be parked in the lane tempor
closed to traffic. All equipment shall be removed from the site the day the project is compll
To subsection 7-1 0.3, add the following:
The Contractor shall prepare and submit traffic control plans for this project to the Engineei
approval. No work shall begin until said plans are approved by the Engineer.
Add the following subsection:
7-10.4.4 Safety and Protection of Workers and PubJc
The Contractor shall take all necessary precautions for the safety of employees on the work
shall comply with all applicable provisions of Federal, State, and Municipal safety laws
building codes to prevent accidents or injury to persons on, about, or adjacent to the prem
where the work is being performed. The Contraclor shall erect and properly maintain a
times, as required by the conditions and progress of the work, all necessary safeguards for
protection of workers and public, and shall use danger signs warning against hazards create
such features of construction as protruding nails, hoists, well holes, and falling materials.
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SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
Delete this section.
SECTION 9 - MEASUREMENT AND PAYMENT
To subsection 9-3.2, make the following modification:
Delete the second sentence of the third paragraph [having to do with reductions in amount
retention.
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SPECIAL PROVISIONS
II. MODIFICATIONS TO PART ll OF THE
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
To subsection 201 -1 2, add the following:
The class of concrete to be used on this project shall be 560-C-3250.
SECTION 203 - BITUMINOUS MATERIALS
To subsection 203-6.1, add the following:
Asphatt concrete shall be Class 9-AR-4000 for base paving and Class C2-AR-4000 for cap
paving.
To subsection 203-6.8, add the following:
Open graded asphatt concrete stored in excess of 2 hours, and may other asphalt concrete
stored in excess of 18 hours, shall not be used in the work.
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following subsection:
206-7 REFLECTIVE SHEETING ALUMINUM SIGNS
206-7.1 General. Materials, legend, proportion, size and fabrication of all signs used for the
direction, warning and regulation of vehicle (including bicycle) and pedestrian traffic shall
conform to the requirements of, "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993, sheets one through five that accompany "SPECIFICATIONS FOR REFLECTIVE
SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987 and ,"OPAQUE
COLOR CHART", dated February 1980 all published by the State of California, Department of
Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks
Drive, Sacramento, CA 9581 9 and as modified herein. Where the, "SPECIFICATIONS FOR
REFLECTIVE SHEETING SIGNS, October 1993", require the contractor or supplier to notify the
Department of Transportation or to certrfy compliance to said SPECIFICATIONS, to provide a
quality control program or to allow testing, approval, observation of manufacturing or assembly
operations by the State of California, Department of Transportation and/or its employees or
officials such rights shall be vested in the Engineer.
206-7.2 Sign Identification. Modify the , 'SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993", as follows. Sign identification shall be as per "SPECIFICATIONS FOR
REFLECTIVE SHEETING SIGNS, October 1993" except that the notation shall be, "PROPERTY
OF THE CITY OF CARLSBAD".
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206-7.3 Drawings. Modrfy the l "SPECIFICATIC)NS FOR REFLECTIVE SHEETING SIC
October 1993", as follows. Standard signs sheill be as per the most recently apprc
"APPROVED SIGN SPECIFICATION SHEETS" of the State of California, Departme
Transportation. The date of approval shall be thie date most closely preceding the dc
manufacturer of the sign(s) or the date of the "Notice to Proceed" of this contract whiche
the most recent.
206-7.4 Reflective Sheeting. Mod.0 the , "SPECIFICATIONS FOR REFLECTIVE SHEE
SIGNS, October 1993", as follows. All warning signs and all regulatory signs, excepting
those hereinafter listed shall be fabricated with type Ill encapsulated lens sheeting confor
to the requirements of this specification. All other signs included in this section and listed t
shall be fabricated with type II encapsulated lens sheeting conforming to the requiremet
this specification. Regulatory signs which shall be fabricated with type II encapsulated
sheeting are: R5, R24 through, and including R3213, R47 through, and including RR53C,
through, and including R62D, R74 through, and including R96C and R99 through,
including R105A.
206-7.5 Substrate. Modify the , "SPECIFICATIC>NS FOR REFLECTIVE SHEETING SI
October 1993", as follows. All signs used for the direction, warning and regulation of VG
(including bicycle) and pedestrian traffic shall use aluminum substrate.
Add the following subsection:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS
206-8.1 General. This section pertains to 10 gage and 12 gage cold rolled steel perfo
tubing used for the support and stabilization of sigiis. All shapes shall have a galvanized
and shall be cold roll formed steel conforming to ASTM Designation A-446 Grac
Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be perfo
after all forming and punching operations have been completed. Cold rolled steel perfo
tubing shall be perforated on all four faces with 7/16" holes on one inch centers.
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +.011 l - .005 inch. Con
and Concavity measured in the center of the flat side shall not exceed a tolerance of +.01(
applied to the specific size determined at the corner. Straightness tolerance variatil
straightness shall not exceed 1/16" in 3 feet. Tolerance for corner radius is 5/32" &1/64".
flash on corner welded square tubing shall permit !3/64" radius gage to be placed in the c(
Using 10 gage (.135) or 12 gage (.105) square tube, consecutive size tubes shall teles
freely for ten feet. Tolerance on hole size is *1/64" on a size. Tolerance on hole spac
+1/8" in 20 feet. In addition for the following specific sizes of light gage steel tubing dimen:
tolerances shall not exceed those listed in the following tables.
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TABLE 208-8.2 (A)
Tolerance on Size
Nominal Outside Outside Tolerance for
Dimension, Inches
1x1 k.005
1-114 X 1-114 lt.006
1-112 x 1-112 i .006
1-314 X 1-314 lt.008
2x2 k. 008
2-3/16 X 2-3/16 *.OlO
2-114 X 2-114 lt.010
2-112 x 2-112 lt.010
2x3 lt.010
All Sides at Corners, Inch
TAB LE 20 8-8.2 (B)
Squareness of Sides and Twist
Nominal Outside Twist Permissible
Dimension, Inches Squareness in 3 Ft., Inch+-
1x1 lt.006 .050
1-114 X 1-114 lt ,007 .050
1-1/2 x 1-112 *.009 .050
1-314 X 1-314 lt.010 .062
2x2 *.012 .062
2-3/16 X 2-3/16 lt.014 .062
2-114 X 2-114 k.014 .062
2-112 x 2-1/2 lt.015 .075
2x3 lt.018 ,075 * tubing may have its sides failing to be 90" to each other by the tolerance listed.
+ Twist is measured by holding down the edge of one end of a square tube on a surface plate
with the bottom side of the tube parallel to the surface plate, and noting the height that either
corner on the opposite end of the bottom side is above the surface plate.
206-8.3 FASTENERS. Fasteners used to assemble cold rolled steel perforated tubing shall be
steel "pull-through" electrogalvanized rivets with 318" diameter shank, 718" diameter head and a
grip range of from 0.200" to 0.356". The fasteners shall conform to ASTM 8-633, type Ill SCI.
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SPECIAL PROVISIONS
111. MODIFCATIONS TO PART 111 OF THE
STANDARD SPECIFICATIONS FOR PIUBLIC WORKS CONSTRUCTION e
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
Delete subsection 306-1.3.4 and replace with the following:
306-1.3.4 Compaction Reauirements
In streets, the top 12 inches of subgrade shall be mechanically compacted to a minimum c
relative compaction. All other trench backfill shall be mechanically compacted to a mir
of 90% relative compaction.
SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS
Delete this section and replace with Chapter 86, Caltrans Standard Specifications, July
86-1 GENERAL
86-1.03 Equipment List and Drawings, modify as follows:
Delete the last sentence of paragraph 2 and add new sentence as follows:
The controller cabinet schematic wiring diagram and intersection sketch shall be combine
one drawing (24"x36") and placed in a heavy duty plastic envelope and attached to the
of the controller cabinet door.
Add paragraph 5 as follows:
The Contractor shall deliver to the Engineer, fwo each maintenance and operation manu
all new controller units, auxiliary equipment, and vehicle detector sensor units, control uni
amplifiers. The maintenance and operation manuals may be combined into one manua
maintenance manual or combined maintenance and operation manuals shall be submit
the engineer at the time of signal turn on. The maintenance manuals shall include, bul
not be limited to, the following items:
(a) Specifications
(b) Design characteristics
(c) General operation theory
(d) Function of all controls
(e) (9 Block circuit diagram
(9) Geographical layout of components
(h) Schematic diagrams
(i)
a
Trou ble-shoot ing procedure (diagnlost ic routine)
List of replaceable component parts with stock numbers
Add paragraph 6 as follows: 01 1
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As-Buitt Drawincls
"As-Buitt" construction plans shall be provided by the Contractor to the City of Carlsbad within
five (5) working days after completion of the project. Two (2) redline copies shall be provided
with changes shown in a contrasting color to the original contract work. Details to be shown
on the as-built plans shall include, but not be limited to, location, type and installed depth of
conduit runs, location of loops under overlay, location of pull boxes, changes made to signal
and lighting poles, and any changes made to traffic signal equipment. As-built plans shall be
signed and dated by the Contractor and approved by the City.
86-1.04 Warranties, add the following:
The contractor shall warrant the work against defects in materials or workmanship for a period
of one year from the date of acceptance of the work.
86-1.05 Maintaininq Existinq and Temporaw Electrical Systems, delete paragraphs 3 and 4.
Payment for maintaining existing and temporary electrical systems shall be included in the
appropriate bid item.
86-1.05 Maintainina Existinq and Temporaw Electrical Systems, add the following:
The Contractor shall maintain all traffic signals and related equipment until accepted by the
Engineer.
86-1.06 Schedulinq of Work, add the following:
Detector loop installation shall take place immediately after asphalt pavement grinding and/or
base course paving and prior to A.C. surface course.
All new signage shall be installed and covered prior to signal turn-on. All existing signage to
be removed shall be removed or covered the day of signal turn-on. All existing legends to be
removed shall be removed the day of signal turn-on. New legends and striping shall be
completed no later than the day after turn-on or as approved by the Engineer. Crosswalk
markings shall be completed no later than two (2) days after signal turn-on or as approved by
the Engineer.
Contractor shall coordinate relocation or modification of any utility facilities with the respective
utility company.
All signal operation coordination shall be made with the Engineer three (3) working days prior
to construction. This includes all signal flash operations, bagging of signal heads, and recall
settings due to cutting of loops, signals modifications, and blocking of lanes.
Unless otherwise approved by the Engineer a minimum of one lane of traffic shall be maintained
in each direction at all times.
86-2 MATERIALS AND INSTALLATION
86-2.01 Excavatinq and Backfill, delete paragraph 3; add Section 306-1.3, Backfill and
Densification, S.S. P.W.C.
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86-2.02 Removincl and Replacinq Improvements, Sections 306-1.5 and 7-9 of the S.S.P.\
shall apply in addition to this Section.
86-2.03 Foundations, delete first paragraph; add the following:
Street light foundations shall be anchor base type in accordance with S.D.R.S.D. E-1.
Concrete for foundations shall be 560-C-3250 per !section 201 -1, S.S.P.W.C.
Delete reference to "Section 4-1.03D" in paragraph 18 and substitute "Section 3-3, Extra M s. s. P.W. C."
To the first sentence of the last paragraph substitute "3 feet" for "0.5 foot".
$6-2.05A Material, add the following:
Rigid non-metallic conduit shall be used for all installations.
86-2.052, Installation, add the following:
Location of conduit runs on the plans are diagrammatic only and the actual run location:
subject to the approval of the engineer.
Conduit runs other than street crossings shall be limited to the right-of-way behind curb. W
the Engineer concurs with the Contractor that installing conduit in the right-of-way behind
is not practical, the Contractor will be permitted to trench in the street utilizing a rock wl
Rock wheel trenches in the street shall be backfilled with 190-E-I 000 concrete slurry by the
of the working day. All rock wheel trenches shall be resurfaced by grinding the slurry a
minimum 6" of A.C. on each side of the trench to a minimum depth of 0.125'. Class C2-AR-d
hot mix A.C. shall be placed over the cold planed area in accordance with section 302 o
SSPWC. If an asphalt overlay is scheduled to be placed over the trenched areas within
calendar days, the requirement for grinding shall be waived.
The Contractor shall bore under all existing PCC surface improvements to install conduit. It
of boring, the Contractor will be permitted to remove PCC surface improvements and tre
All PCC removals shall be to the nearest score line or weakened plane joint and sha
replaced by the Contractor at no additional cost to the City. Any improvements damage
the Contractor shall be replaced by the Contractor at its expense.
Depth of conduit for all installation methods shall be 30" in the street and 18" behind
minimum.
Three inch minimum conduit shall be utilized for all street crossings when cable is requirc
Note is made that each parcel is likely to have water, gas, sewer and other utility sew
Damages to these facilities will be repaired the sarne day at no cost to the agency.
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COLOR CODE
red/2 silver stripes
brow n/2 silver stripes
red/2 purple stripes
brown/2 purple stripes
blue/silver stripe
blue/purple stripe
TERM IN A TI ON PHASE
ped signal Don't Walk 1 Or5
ped signal Walk 1 Or5
ped signal Don't Walk 3 or 7
ped signal Walk 3or7
ped push button 1 Or5
ped push button 3 or 7
Color coding shall distinguish each pair. Each pair shall be wrapped with an alum
polyester shield and shall have a No. 22 or larger, stranded, tinned copper drain wire insid
shielded pair.
The cable jacket shall be black, high density polyethylene, rated for a minimum of 300 volt:
60" C., and shall have a nominal wall thickness of 40 mils, minimum. The cable jacket o
moisture-resistant tape directly under the outer jaclket shall be marked with the rnanufactL
name, insulation type designation, number of conductors and conductor size, and voltage
temperature ratings.
Splices shall be made only where shown on the plans or in controller cabinets. A minimL
three feet of slack shall be provided at each splice and six feet at each controller cabinet
86-2.09D Splicing, rnodlfy as follows:
All splices shall be made using crimp type compression connectors as shown on ES-13
said splices shall be soldered.
The ends of loop detector lead-in cables terminating at the controller cabinet shall have crir
and soldered loop terminals.
86-2.09E SDlice Insulation, add the following:
All splices of conductors shall be insulated with heat shrink tubing of the appropriate size
thoroughly painting the spliced conductors with electrical insulating coating. Heat shrink ti
shall be medium or heavy wall thickness, irradiated polyolefin tubing containing an adhi
mastic inner wall. Minimum wall thickness prior to contraction shall be 0.04-inch. When he
the inner wall shall melt and fill all crevices and interstices of the object being covered whil
outer wall shrinks to form a waterproof insulation. Each end of the heat-shrink tube or the
end of the end cap of heat-shrink material shall, after contraction, overlap the cond
insulation at least 1% inches. Heat-shrink material shall conform to UL Standard E46645
125" c.
All heat-shrink tubing shall also meet the following requirements:
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Shrinkage Ratio: 33 percent, maximum, of supplied diameter
when heated to 102" C and allowed to cool to
25°C.
350 kilovotls per inch, minimum.
1 Oi4 ohms per centimeter, minimum.
2,000 Ibs. per square inch, minimum.
Dielectric Strength
Resistivity
Tensile Strength
Temperat u re:
Water Absorption 0.5 percent, maximum
Operating 55°C to 135" c.
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When three or more conductors are to be enclosed within a single splice using heat-shrink
material, mastic shall be placed around each conductor, prior to being placed inside the heat
shrink material. The mastic shall be the type recommended by the manufacturer of the heat-
shrink material.
After contraction, the ends and seams of heat-shrink material shall be painted with electrical
insulating coating.
Heat-shrink material shall be heated as recommended by the manufacturer.
86-2.095 Fused Splice Connectors, modify sentence one, paragraph one as follows:
Install a fused disconnect splice connector in the handhole of each pole between the line and
the ballast.
86-2.10 Bondinn and Grounding, and the following:
Grounding of street lights shall conform to S.D.R.S.D. E-2. If ground rod is used, install in pull
box.
86-2.1 1 Services, modity paragraph 12 to read as follows:
The Contractor shall arrange with the servicing utility to complete service connections for
permanent installations and the City will reimburse the contractor for all fees required by the
utility.
Delete first sentence of paragraph 13.
ModQ paragraph 15 as follows:
Substitute "Section 3-3, Extra Work, S.S.P.W.C" for "Section 4-1.030."
86-2.14 Testing, moddy the first paragraph of referenced Section 6-3.01, General, as follows:
Unless otherwise specified, all tests of signals, lighting, and electrical systems equipment and
materials shall be performed by a qualified agent approved by the City by methods approved
by the City and at the cost of the Contractor. This refers specifically to the controller and may
be extended to any or all items questioned as to their suitability. Test methods shall be
submitted to the City for approval.
86-2.14A, Materials Testinq, delete second sentence of first paragraph; delete paragraphs 4, 5,
and 6.
86-2.148 Field Testinq, add the following:
Field testing shall conform to the provisions in Section 86-2.148 "Field Testing" of the Caltrans
Standard Specification and these Special Provisions.
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0 Insulation resistance testing (megger) for traffic signal and lighting conductors sha
preformed in the following order:
Signals - After conductors are connected to signtxl head terminal, and before connectic
controller.
Lighting - Before fuses are installed in fused splice connectors.
Load side conductors in signal heads shall be disconnected from terminal blocks durin!
test.
The full cost for the Contractor performing this field testing in the presence of the Engineer
be included in the lump sum price for Traffic Signal and Street Lighting Installation an
additional payment will be allowed therefore.
86-2.1 4C Functional Testing, add second sentence to paragraph 3 as follows:
Turn-ons will not be done Mondays, Fridays or the day prior to a City holiday. The contr,
shall give the inspector a minimum of three (3) days advance notice of turn on date.
86-3 CONTROLLER ASSEMBLIES
86-3.05 Controller Assemblv Testinq, modify second sentence of second paragraph as foll
A Certificate of Compliance with the approved procedure and a test report signed
responsible managing employee of the testing agerit shall accompany each controller asse
included in the work. The testing agent shall be approved by the Engineer.
86-3.08 Auxiliarv Equipment
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86-3.088(2), Modulated Light Signal Detection System - Each modulated light s
detection system shall conform to the details shown on the plans and these SF
provisions.
(A) General - Each modulated light signal detection system shall cons
an optical emitter assembly or assemblies located on the appro;
vehicle and an optical detector/discriminator assembly or asserr
located at the traffic signal.
Each system shall permit detection of class two emergency veh
Class I1 (emergency) vehicles shall be capable of being detected a
range up to 1,800 feet from the optical detector.
The modulation frequency for Class I1 signal emitters shall be 14.01
- + 0.250 Hz.
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(6) Emitter Assembly - Each emitter assembly shall consist of an emitter unit,
an emitter control unit and connecting cables and shall conform to the
following:
1. General - Each emitter assembly, including lamp, shall be
designed to operate over an ambient temperature range of - 34°C to 60°C at both modulation frequencies and to
operate continuously at the higher frequency for a
minimum of 3,000 hours at 25°C ambient before failure of
lamp or any other component.
Each emitter unit shall be controlled by a single,
maintained-contact switch on the respective emitter control
unit. The switch shall be capable of being located to be
readily accessible to the vehicle driver. The control unit
shall contain a pilot light to indicate that the emitter power
circuit is energized and shall be capable of generating only
Class II modulating code.
Functional - Each emitter unit shall transmit optical energy
in one direction only.
The signal from each Class II signal emitter unit shall be
capable of being detected at a distance of 1,800 feet when
used with a standard optical detection/discriminator
assembly.
The standard optical detection/discriminator assembly to
be used in making the range tests shall be available from
the manufacturer of the system. A certified performance
report shall be furnished by the contractor with each
assembly.
Electrical - Each emitter assembly shall be capable of
providing full light output with input voltages of between
12.5 and 17.5 volts DC. An emitter assembly shall not be
damaged by input voltages up to 7.5 volts DC above
supply voltage. The emitter assembly shall not generate
voltage transient, on the input supply, which exceed the
supply voltage by more than 4 volts.
Each emitter assembly shall consume not more than 100
watts at 17.5 volts DC and shall have a power input circuit
breaker rated at 10 to 12 amperes, 12 volts DC.
2.
3.
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The design and circuitry of each emitter shall permit it:
on vehicles with either negative or positive ground wil
disassembling or rewiring of the unit.
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4. Mechanical - Each emitter unit shall be housed
weatherproof corrosion-resistant housing. The hoi
shall be provided with facilities to permit mountin!
various types of vehicles and shall have provisioi
aligning the emitter unit properly and for locking
emitter unit inlo this alignment.
Each emitter control unit shall be provided with hard
to permit its mounting in or on an emergency vehic
mass transit vehicle. Where required for cc
emergency vehicles, the emitter control unit an(
exposed controls shall be weatherproof.
(C) Optical Detection/Discriminator Assembly - Op
detection/discriminator assembly shall conform to the folloH
1. General - Each optical detection/discriminator asse
shall consist c4 one or more optical detectors, conne
cable and a discriminator module.
Each such assembly, when used with standard emi
shall have a range of at least 1,800 feet for Class II sig
Standard emi'lters for Class II signals shall be aval
measurement:; shall be taken with all range adjustn
on the discriminator module set to "maximum".
2. Optical Detector - Each optical detector shall I
waterproof unit capable of receiving optical energy
two separately aimable directions. The horizontal I
between the two directions shall be variable fror
degrees to 5 degrees.
The reception angle for each photocell assembly shi
a maximum 01 8 degrees in all directions about the ai
axis of the assembly. Measurements of reception i
will be taken at a range of 1,800 feet for a Type II en
All internal circuitry shall be solid state, and elec
power shall be provided by the associated discrimi
module.
0
from the manufacturer of the system. R
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60
Each optical detector shall be contained in a housing,
which shall include two rotatable photocell assemblies, an
electronic assembly, and a base. The base shall have an
opening to permit its mounting on a mast arm or a vertical
pipe nipple, or suspension from a span wire.
The mounting opening shall have female threads for 3/4
inch conduit. A cable entrance shall be provided which
shall have male threads and gasketing to permit a
waterproof cable connection. Each detector shall weigh
not more than 2% pounds and shall present a maximum
wind load area of 36 square inches. The housing shall be
provided with weep holes to permit drainage of condensed
moisture.
Each optical detector shall be installed, wired and aimed
as specified by the manufacturer.
Cable - Optical detector cable shall meet the requirements
of IPCEA-S-61-402/NEMA WC 5, Section 7.4, 600 volt
control cable, 75"C, Type B and the following:
a.
3.
The cable shall contain three conductors, each of
which shall be No. 20 (7x28) stranded, tinned
copper with low-density polyethylene insulation.
Minimum average insulation thickness shall be 25
mils. Insulation of individual conductors shall be
color coded: 1 -yellow, 1 -blue, 1 -orange.
The shield shall be either tinned copper braid or
aluminized polyester film with a nominal 20 percent
overlap. Where the film is used, a No. 20 (7x28)
standard, tinned, bare drain wire shall be placed
between the insulated conductors and the shield
and in contact with conductive surface of the
shield.
The jacket shall be black polyvinyl chloride with
minimum ratings of 600 volts and 80" C and a
minimum average thickness of 45 mils: The jacket
shall be marked as required by IPCWNEMA..
b.
C.
d. The finished outside diameter of the cable shall
not exceed 0.35 inch.
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e. The capacitance, as measured between
conductor and the other conductors and the SI
shall not exceed 48 picofarads per foot at 1,OO
f. The cable run between each detector anc
controller cabinet shall be continuous wi
splices or shall be spliced only as directed b
detector manufacturer.
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4. Discriminator Module - Each discriminator module sh
designed to be compatible and usable with Mode
controller unit and to be mounted in the input file
Model 332 controller cabinet, and shall conform tl
requirements of Chapter I of the State of Calif(
Department of Transportation. "Traffic Signal Cc
Equipment Specifications," dated April, 1978, and
addenda thereto current at the time of project advert
Each discriminator module shall be capable of ope1
one channel.
Each discriminator module, when used with its assoc
detector shall be capable of:
a. Receiving Class II signals at range of up to
feet.
Decoding the signal on the basis of frequen
14.035 HZ& 0.255 HZ for Class II signals.
Establishing the validity of received signals o
basis of frequency and length of time receivc
signal shall be considered valid only when rec
for more than 0.50 second. No combinati
Class I signals shall be recognized as a CIl
signal regardless of the number of signals
received, up to a maximum of ten signals. 0
valid signal has been recognized its effect sh
held by the module in the event of temporap
of the signal for a period adjustable fror
seconds to 11 seconds in at least 2 steps
seconds k0.5 second and 10 seconds
second.
e
b.
C.
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d. Providing an output for each channel that will result
in a "low" or grounded condition of the appropriate
input of a Model 170 controller unit. For Class II
signals the output shall be steady.
Each discriminator module shall receive electric
power from the controller cabinet at either 24 volts
DC or 120 volts AC.
Each channel together with its associated detectors
shall draw not more than 100 milliamperes at 24
volts DC nor more than 100 milliamperes at 120
volts AC. Electric power, one detector input for
each channel and one output for each channel,
shall terminate at the printed circuit board edge
connector pins listed below.
Board edge connector pin assignment shall be as
follows:
A DCground P NC
B +24 VDC
C NC
D Detector input Channel A R NC
E +24 VDC to detectors S NC
F Channel A output (C) T NC
U NC
H Channel A output (E) V NC
J Detector input, Channel B W Channel B
output (C)
K DC Ground to detectors X Channel 6
Output (E)
L Chassis ground Y NC
M AC- Z NC N AC+
(2 Slotted for Keying
(NC) Not connected; cannot be used by manufacturer for any
purpose.
(C) Collector
(E) Emitter
Two auxiliary inputs for each channel shall enter
each module through the front panel connector.
Pin assignment for the connector shall be as
follows:
1.
2.
3.
4.
Auxiliary detector 1 input, Channel A
Auxiliary detector 2 input, Channel A
Auxiliary detector 1 input, Channel B
Auxiliary detector 2 input, Channel 6
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Each channel output shall be an optically is0
NPN open collector transistor capable of sinkir
milliamperes at 30 volts and shall be compr
with Model 170 controller unit inputs.
Each discriminator module shall be provided
means of preventing transients received bj
detector from affecting the Model 170 conti
assembly.
Each discriminator module shall have a s
connector board, shall be capable of t
insetted into the input file of a Model 332 ca
and shall occupy one slot width of the inpu
The front panel of each module shall ha
handle!, to facilitate withdrawal, and the folk
controls and indicators for each channel:
e
1. Three separate range adjustr
each for Class II signals.
2. A three-position, cente
momentary contact switch,
position (down) labeled for
operation of Class I signals, ant
position (up) labeled for
operation of Class II signals.
0
3. A "signal" indication and a
indication for Class II signals
"signal" indication denotes tt
signal above the threshold lev6
been received. A "call" indic
denotes that a steady, validly c
signal has been received. T
two indications may
accomplished with a I
indication lamp; "signal"
denoted by a flashing indicatio
"call" with a steady indication.
In addition, the front panel sha
provided with a single circular, bal
captured, muiti-pin connector for
auxiliary detector inputs for each chi
Connector shall be a mechr
configuration equivalent to a MIL-C-:
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with 10-4 insert arrangement, such as
Burndy Trim Trio Bantamate Series,
consisting of:
0 Wall mounting receptacle, GOB1 0-
4PNE with SM20M-lS6 gold plated
pins.
Plug, G6L10-4SNE with SC20M-1 S6
gold plated sockets, cable clamp
and strain relief that shall provide for
a right angle turn within 2.5 inches
maximum from the front panel
surface of the discriminator module.
Cabinet Wiring - The Model 332 cabinet has provisions for
connections between the optical detectors, the
discriminator module and the Model 170 controller unit.
Wiring for a Model 332 cabinet shall conform to the
following:
Slots 12 and 13 of input file "J" have each been wired to
accept a 2-channel module.
Field wiring for the primary detectors, except 24-volt DC
power, shall terminate on either terminal board TB-9 in the
controller cabinet or on the rear of input file "J", depending
on cabinet configuration. Where TB-9 is used position
assignments shall be as follows:
0
5.
POSITION ASSIGNMENT:
4 Channel A detector input,
5 Channel B detector input,
7 Channel A detector input,
8 Channel 6 detector input,
1st module (Slot J-12)
1st module (Slot J-12)
2nd module (Slot J-13)
2nd module (Slot J-13)
The 24-volt cabinet DC power will be available at Position
1 of terminal board TB-1 in the controller cabinet.
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All field wiring for the auxiliary detectors shall terminal
terminal board TB-0 in the controller cabinet. Po:
assignments are as follows:
POSITION ASSIGNMENT
e
7 +24vdc from (J-l3E)
8 Detector ground from (J-134
9
10
11
12
Channel A auxiliary detector input 1
Channel A auxiliary detector input 2
Channel B auxiliary detector input 1
Channel B auxiliary detector input 2
(D) System Operation - The contractor shall demonstrate that
he components of the system will perform satisfactorily
system. Satisfactory performance shall be determined usin!
following test procedure:
1. Each system to be used for testing shall cons
an optilcal emitter assembly, an optical detectc
least 200 feet of optical detector cable ai
d iscrirriinator module.
The discriminator modules shall be installed i
proper input file slot of Model 332 coni
cabinet. The controller cabinet, together v
Model 170 controller unit with the appro1
operating program, a Model 210 monitor uni
120-volt AC power will be available as shoH
the Dlisns and as indicated elsewhere in
special provisions.
One test shall be conducted using a Class II :
emitter and a distance of 1,800 feet betwee
emitter and the detector. All range adjustmer
the module shall be set to "Maximum" for eact
Each lest shall be conducted for a period o
hour, during which the emitter shall be operatc
30 cycles, each consisting of a one minute
interval1 and a one minute "OW interval. Durir
total test period (1) the emitter signal shall (
the proper response from the Model 170 con
unit during each "on" interval and (2) there sh
no improper operation of either the Mode
controller unit or the monitor during eact
interval.
2. e
3.
4.
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86-3.1 1 Model 170 Controller Assemblies, add the following:
The controller assembly shall be a Type 170 unless otherwise specified and shall be
equipped with Type 200SA local intersection control program and a full compliment of
prom chips. The Model 332 cabinet shall be aluminum.
86-4 TRAFFIC SIGNAL FACES AND FImNGS.
86-4.01 Vehicle Sign Faces.
86-4.01 B Signal Sections, add the following:
Signal section housing shall be polycarbonate composite. All signal faces and
all arrow indications shall be provided with 12 inch sections and glass lenses.
All lamps for traffic signal units (including programmed visibility type) shall be
furnished by the Contractor.
86-4.01 C Electrical Components, modlfy second and third paragraphs as follows:
Each lamp receptacle shall be wired with a conductor, connected to the shell of
the receptacle, with white insulation, and a conductor, to the bottom or end
terminal of receptacle, with black insulation color-coded as follows:
Red signal -solid red insulation
Yellow signal -solid yellow insulation
Green signal -solid blue insulation
These conductors shall, in turn, be connected to a terminal block mounted inside
at the back of the housing. The terminal block shall have sufficient screw type
terminals to terminate all field conductors and lamp conductors independently,
with separate screws. The terminals to which field conductors are attached shall
be permanently identified or conductors shall be color coded to facilitate field
wiring.
86-4.05 Pedestrian Signal Faces, add the following:
Pedestrian signals shall be Type A incandescent with international symbols.
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* 86-5 DETECTORS
86-5.01 Vehicle Detectors
86-5.01 A Inductive LOOP Detectors
86-5.01A(41 Construction Materials, add the following:
Loop wire shall be Type 2. Loop lead-in cable shall be Type
Conductors for loop detector lead-in cable shall be 2 No. 16 (IS
stranded, tinned cooper.
86-5.01 A(5) Installation Details, add the following:
The additional length of conductor for each loop homerun shall be tw
together into a pair before being placed in the slot and conduit tc
termination pull box.
Like numbered detector loops, when shown on the plans, sha
connected to the same detector lead-in cable.
Residue resutting from slot cutting operations shall not be permittt
flow across shoulders or lanes occupied by public traffic and sha
removed from the pavement surface.
The Contractor shall test the detector with a motor-driven cyclc
defined in the California Vehicle Code, that is licensed for street us
the Department of Motor Vehicles of the State of California, or a bic
The engine displacement of the vehicle shall not exceed 100 c
centimeter. Special features, components or vehicles designed to acl
the detector will not be permitted. The Contractor shall provid
operator who shall drive the motor-driven cycle through the responr
detection area of the detector at no less than 3 miles per hour nor I
than 7 miles per hour.
0
86-5.02 Pedestrian Push Buttons, delete the first five sentences after the third parac
and replace with the following:
Switching unit shall be activated with a stainless steel plunger. The external end c
plunger shall have a conical surface and be a minimum of two inches (2") in diarr
The surface shall be polished and corrosioin resistant.
The switching unit shall have a maximum olperating force of five (5) pounds. Prel
shall be 1/16 inch maximum and overtravel shall be 1/16 inch minimum.
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86-6 LIGHTING
86-6.01 Hiqh Pressure Sodium Luminaires, add the following:
Luminaires shall be 250 W high pressure sodium vapor with integral photo electric cells.
Each luminaire shall be provided with an internal ballast assembly (including ballast,
capacitor, and lamp starter unit). All connections from the ballast assembly shall be
made with a single multi-circuit connector or individual color-coded NEMA tab
connectors. Field connections to the luminaires shall terminate on a barrier type terminal
block secured to the housing.
The luminaires shall be constructed and installed in such a manner as to provide Type
Ill distribution with the outer edge of the luminaire's housing below the entire light
sources and all glassware.
The luminaires' optical assembly shall provide without the addition of external shielding,
a 90" cutoff with no significant light emitted above the horizontal.
86-6.01 A (1) (a) Laq-Tvpe Regulator Ballasts, add the following:
Ballasts shall be the lag regulator type.
86-6.065 lnternallv Illuminated Street Name Signs, change paragraph five to read as
follows:
Signs shall be Type A.
86-7 REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT
86-7.01 Removing Electrical Equipment, all equipment shown to be removed and
salvaged shall become the property of the Contractor.
86-7.02 Reinstalling Removed Electrical Equbment, delete paragraph 4. No equipment
will be salvaged unless specifically noted on the plans.
86-8 PAYMENT
86-8.01 Payment, modriy as follows:
Lump sum price for signals and lighting shall be measured as defined in State of
California Standard Specifications, Section 86, dated January 1988.
Delete reference to "Section 86-1.05, Maintaining Existing and Temporary Electrician
Systems" in paragraph two.
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* SECTION 310 - PAINTING
Delete subsection 31 0-5.6 and replace with Chapter 84 of the Caltrans Standard Specificati
1992 Edition, modified as follows:
Delete subsection 84-2.05
Delete subsection 84-2.06 and replace with the following:
84-2.06 Payment
Compensation for providing thermoplastic crosswalk markings shall be included in the I
sum bid item for signing and striping. The lump sum payment shall include full compensi
for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the i
involved in applying thermoplastic crosswalk marking, including establishing alignment
layout work.
Delete subsection 843.02 and replace with the following:
84-3.02 Materials
Paint for traffic stripes and pavement markings shall be rapid dry water borne and confoi
State Specification No. 801 0-91 D-30. Glass beads, shall conform to Caltrans Specificatior
8010-1 1 E-22, Type II. Thinning of paint will not be permitted. Paint shall be supplie
manufacturers that have been approved by Caltrans.
Delete subsection 843.06
Delete subsection 843.07 and replace with the following:
84-3.07 Payment
Compensation for providing pavement striping shall be included in the lump sum bid itei
signing and striping. The lump sum payment shall include full compensation for furnishir
labor, materials, tools, equipment, and incidentals, ;and for doing all the work involved in pa'
traffic stripes including establishing alignments for stripes and layout work.
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