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HomeMy WebLinkAboutMaco Services Inc; 1984-07-16; 3109CITY OF CARLSBAD San Diego County Californi a CONTRACT DOCUMENTS & SPECIFICATIONS for ARMY-NAVY ACADEMY CROSSING SIGNALS CONTRACT NO. 3109 Certificate of Insurance THIS CERliFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAME AND ADDRCSS OF AGtNCY Robert F, Driver Co 5560 La Jolla Blvd. La Jolla, CA 92037 NAME AND ADDRESS OF INSURED Maco Services, Inc. mpany COMPANIES AFFORDING COVERAGES , Ste. D COMPANY ALETTER « Great American Insurance Co. COMPANY D _ , ^ -,LETTER D Fremont Indemnity COMPANY f* LETTER V/ 10111 A Prospect Ave. COMPANY n Santee, CA 92071 LETTER ** COMPANY CLETTERfflT- fhA nnlir-v nerinrl i nrH r-a-r-^ri . This is to certify that policies of insurance listed below have been issued to the insured named above aCKKXQCKlCXMHKiC Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER A A A B TYPE OF INSURANCE GENERAL LIABILITY H COMPREHENSIVE FORM LJfl PREMISES— OPERATIONS [~31 EXPLOSION AND COLLAPSE ^ HAZARD La UNDERGROUND HAZARD Q PRODUCTS/COMPLETED OPERATIONS HAZARD Ixl CONTRACTUAL INSURANCE fTl BROAD FORM PROPERTY p" DAMAGE Ljfl INDEPENDENT CONTRACTORS Ljfl PERSONAL INJURY AUTOMOBILE LIABILITY Lxj COMPREHENSIVE FORM H OWNED LXJ HIRED LXJ NON-OWNED EXCESS LIABILITY Ufl UMBRELLA FORM 1 1 OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER POLICY NUMBER BP608651801 BA6085611901 PR0608562001 EC84-157426 POLICY SXKXXKXXX pel i.uv.1 6-1-84 to 6-1-85 6-1-84 to 6-1-85 6-1-84 to 6-1-85 6-1-84to 6-1-85 Limits of Liability in Thousands (000) BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE » » * 500, PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY ; $ » 500, '1,000, * 100, AGGREGATE $ * * 500, » 500, *1,000, H^BHHHBH <CA£HACCIDCNT> DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES RE: Army/Navy Crossing Signal Contract tt 3109 See reverse side for special wording Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will SKcteJWOXXtKmail ^n days written notice to the below named certificate holder, 2i^i^:fej98^$!M&itoWeSfc«^^ Certificate holder named as Additional Insured: NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Carlsad 1200 Elm Ave. Carlsbad, CA 92008-1989 Attn: Engineering Dept. DATE ISSUED:.7-10-84 sm AUTHORIZED REPRESENTATIVE SPECIAL WORDING It is hereby - understood and agreed that the policy to which the certificate refers may not be cancelled, materially changed, or the amount of coverage thereof reduced until thirty (30) days after receipt of written notice of such cancellation or reduction of coverage by the city clerk of the City of Carlsbad. Coverage under the policy is primary and non-contributing with any other insurance available to the City of Carlsbad. /sm GL 20 09 (Ed. 01 73) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 7_]_Q-84 Policy No. BP 60 86 51801 Endorsement No. Named Insured Maco Services, Inc. Additional Premium $.incl.Countersigned by. (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008-1989 ADDITIONAL INSURED (Owners or Contractors) Schedule Name of Person or Organization (Additional Insured) Bodily Injury Liability Property Damage Liability Premium Bases Cost Cost Rates $100 of cost $100 of cost RE: Army/Navy Crossing Signal Contract tf 3109 Location of Covered Operations Advance Premium $ At Audit Total Advance Premium It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all wort on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general super- vision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured. (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. 7-10-84 sm GL 20 09 01 73 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 6 DESIGNATION OF SUBCONTRACTORS 7 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10 CONTRACT 11 LABOR AND MATERIALS BOND 16 PERFORMANCE BOND 18 GENERAL PROVISIONS 20 SPECIAL PROVISIONS 26 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 20th day of June . 1984, at which time they will be opened and read for performing TTTe work as follows: ARMY-NAVY ACADEMY CROSSING SIGNALS CONTRACT NO. 3109 The work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed-. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate is $ 17,000 No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. One set of plans, special provisionsi and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $ 7.55 per set. Page 2 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. A prebid meeting and tour of project site will not be held. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) of the contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 7598, adopted on the 15th day of May, 1984. _ ~.~-3Date K Aletha L. Rautenkranz, City^lerk Page 3 CITY OF CARLSBAD CONTRACT NO. 3109 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3109 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Approximate Article w/Unit Price or Quantity Unit Lump Sum Written in Words & Unit Price TOTAL 1. Crossing Signals Complete L.S. S15 752 Oo $15 752 onin Place at Fifteen thousand 515,752.00 $15,752.00 seven hundred fifty-twodol1ars $no/100cents per ITump Sum. Total amount of bid in words: Fifteen thousand seven hundred fifty-two dollars ana no/100 cents. Total amount of bid in numbers: $15,752.00 Addendum (a) No(s) has/have been received and is/are included in this proposal. Page 4 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance wi.th the Statutes of the State of California providing for the registration of Contractors, License No. 310659 Identification A/C10 The Undersigned bidder hereby represents as follows: 1. That no CounciImember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid Bond (Cash, Certified Check,Bond, or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 5 The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract. The Undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. (619) 562-3400 MACO SERVICES, INC. Phone Number Bidder's Name June 20, 1984 DateAuthorized Signature E . Iv.- Warner ,,~ 10111A Prospect Ave. Authorised signature Carol Covey Davis, Secretary Santee, CA 92071 Corporation Bidder's Address Type of Drganization (Individual, Corporation, Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: E. L. Warner, President Carol Covey Davis, Secretary (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) STATE OF CALIFORNIA COUNTY OF fian nieqo »•«-»-* •-»»»»*»-•«»*-»*-•**-•*•«»< OfFICIAL SEAL LORI JO WALL Notary Public-California Principal Office In San Diego County My Comm. Exp. Mar. 25, 1988 « 4*********** *-* * * * *•* ****** *•*•* * * ACKNOWLEDGMENT-Corp -Pres. & Sec.-Wolcotts Form 222CA-Rev i-82 •.- 1982 WOLCOTTS. INC. On this 18th day of June ., in the year 19!,84 before me, the undersigned, a Notary Public in and for said State, personally appeared Carol Covey Davis . _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument asfrewtetrtmi* Secretary.-respeettvety, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official seal. Notary Pyjslic in and for said State. STATE OF CALIFORNIA COUNTY OF San Diego Stf.EHSSHSESESEt'ra) S-AL b CAROL COVEY DAVIS ft , r!!ii-iC!;AL On'iCi :N J.:j ! I ^- ' ^S SAN OIEC-O CC'J.N'T/ H »J1 ' ' pj My Commission Expires February 19, 1935 rp ACKNOWLEDGMENT-Corp -Pres & Sec.-Wolcotts Form 222CA-Rev. 5-82 1982 WOLCOTTS. INC. On this 13th day of June ., in the year 19 84 before me, the undersigned, a Notary Public in and for said State, personally appearedc* • LJ • Wciarnejr .and-. — personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President^rTTJ-SBCTCtarvrresTTectively: of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official se, Notary Public in and for said State. T 06162 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PESONS BY THESE PRESENTS: That we, MACO SERVICES. INC., as Principal, and INSURANCE COMPANY OF THE WEST _ , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of TEN PERCENT OF THE AMOUNT ACCOMPANYING BID ------- (107.) _ Dollars (S -------- _ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: "ARMY - NAVY ACADEMY CROSSING SIGNALS - Contract #3109" Bid Date: 6/20/84 in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounoen Principal shall duly enter into and execute a contract inducing required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad,- being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreeq that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this Of JUNE _ , 1984 » day Corporate Seal (If Corporation)MACO SERVICES, INC. Principal TMSMftAHHK fDMPANV~ /Bet tie L. Garcia Title At-rn Garcia //rng.-ifi-F.J4- (Attach acknowledgement of Attorney in Fact) (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) 82-07 00^.0 - 1 S<TATE OF CALIFORNIA -OUNTY OF San Diego OFFICIAL SEAL * LORI JO WALL t Notary Public-California J. Principal Office In * San Diego County T My Comm. Exp. Mar. 25. 1988 » • •»«-»-»«* ACKNOWLEDGMENT-Corp -Pres. & Sec.-Wolcolts Form 222CA-Rev. 5-82 1982 WOLCOTTS. INC. On this 18 th day of June in the year 19 84 before me, the undersigned, a Notary Public in and for said State, personally appeared Carol Covey Davis _r-and-_ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as-PresidBrrfarrd SecretaryrrBSpertwetyrof the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State. ATE OF CALIFORNIA FY AND COUNTY OFSAN DIBQO 1 I ». 1 On this 12th day JUNE II 84 t before me. the undersigned Notary Public, in and for the Stale, personally •x-arcd Settle L. Garcia a person known to me (or proved to me on the basis of satisfactory evidence). be the person who executed the written instrument as Aitorncy-in-Fact on behalf of the corporation therein named and tnowledged to me that the corporation executed it. Given under my hand and Notarial Seal ihh> 12th day of JWE A.D.19 84. y Commission Expires Nutary Public. T 'Y INSURANCE CONJPANY OF THE WEST HOME OFFICE: SAN DIEtiO. CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego. California, does hereby nominate, constitute and appoint: Bettie L. Garcia its true and lawful AttorneyUl-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February. 1973. which said Resolution has not been amended or rescinded and of which the following is a true. full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Anorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove Soch Attomeys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF. Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Thirteenth d,y of M*v— 19J2_ PANY OF THE .VEST President STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On thi» Thirteenth rt«Y of May A.D., 19-HL. before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, dury commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith. that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL SCAL CAROLYN STONE NOTAIT WHIG - CALIFORNIA Principal Offic* in S*n Di«ie County My Commission Eip. AnM 15. 1983 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned.Richard S. King .Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this -42th - rf^,«< JIME ia 86. Page 7 DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Items Work of Full Company Name Complete Address w/Zip Code Phone No. w/Area Code None Page 8 DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No Amount of Bid ($ or %) None *Licenses are renewable annually by January 1st. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed contracts. MACO SERVICES, INC. (Notarize or Corporate Seal) Bidderns Company Name 10111A Prospect Ave. Bidder's Complete Address Santee, CA 92071 Authorized Signature E. L. Warner, President Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. I, E. L. Warner, President of Maco Services, Inc., verify that the attached is a true and correct copy of the corpora- tion's balance sheet, as of the quarter ending March 31, 1984. Signature(Notarize or E. L. Warner, President Corporate Seal) MACO SERVICES, INC. (A California Corporation) Balance Sheet March 31, 1984 ASSETS Assets Cash on Hand Cash in Bank Accounts Receivable - Trade (Sch. A-1) Accounts Receivable - Other Employee Advances Prepaid Insurance Deposit, Prepaid Expense and Rent Prepaid Income Taxes Total Current Assets 200.00 9,360.43 241,762.39 1,871.03 2,003.35 2,118.00 2,260.46 Q7Q.OQ 260,554.66 Fixed Assets (Note 1) Automotive Construction Office Equipment Less: Accumulated Depreciation Total Fixed Assets TOTAL ASSETS 49,685.60 24,995.96 6,381.09 (54.288.72) 26. 287.328.5Q See Accountant's Review Report. LIABILITIES & STOCKHOLDERS1 EOOITY Exhibit A Page 2 Current Liabilities Accounts Payable - Trade (Sch. A-2) Payroll Taxes Payable Notes Payable (Note 4) Accrued Expense Contracts Payable (Note 3) Provision for State Income Tax Billings in Excess of Earned Revenue Incompleted Contracts (Sch. B-4) Total Current Liabilities TOTAL LIABILITIES 188,727.67 4,579.99 38,000.00 5,857.06 4,227.90 8,800.00 Q.. 50 .428.12 259,428.12 Stockholders' Equity Common Stock Issued 2,500 Shares, no par value (See Note 6) Retained Earnings (Exhibit B) Total Stockholders' Equity 10,000.00 17.900.47 27.000.47 TOTAL LIABILITIES & STOCKHOLDERS' EQUITY 287^328^59, See Accountant's Review Report. Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used, if notarized or sealed. Date Contract Completed Name and address of the Employer Name and Phone No. of Person to Contact Amount 01 Type of Work Contrad T T Attache by Maco experie 1 are lists of recent < Services, Inc. Addit ice is available on re :ontracts successful .onal information on juest. Ly performed prior years' (Notarize or Corporate Seal) Signature E. L. Warner, President MACO SERVICES, INC. COMPLETED CONTRACT LIST YEAR COMPLETED 1984 1984 1984 1984 1984 TYPE OF WORK, CONTRACT/PROJECT NO. Bryant Park Security Lighting Plan #P-0210) Inyokern Airport Runway 15/33 Improvements (Proj. #3-06-0110-01) Rue D1Orleans Conduit Installation (Job #M1 13170. #1) Coronado Conduit Installation (Job #D3 8484U) Santee Lakes Conduit Installation, Sycamore & Willow Loops VALUE $ 36,085 $ 106,560 (Subcontract) $ 19,119 $ 3,975 $ 10,950 LOCATION Riverside, CA Ridgecrest, CA (County of Kern) San Diego, CA Coronado, CA Santee, CA OWNER City of Riverside Robert Johnson, Proj. Engr. (714) 787-7598 Asphalt Construction Co. (General Contractor) Robert Amick (805)944-2121 Pacific Telephone Co. W. W. Drake, Subway Insp. (619) 266-4682 Pacific Telephone Co. G. G. Howe, Subway Insp. (619) 266-4684 Interstate Electrical Contr Robert Miller (619) 438-9003 MACO SERVICES, INC. COMPLETED CONTRACT LIST YEAR COMPLETED 1983 1983 1983 1983 1983 1983 1983 1983 TYPE OF WORK, CONTRACT/PROJECT NO. Emergency Lighting - Campus Wide, California State University, Long Beach Pole Line Removal, Mountain Springs Grade Project #DA 1133X Emergency Repair, Comm Ducts (F0460583C0037) Installation of Under- ground Facilities, Town Center Focus Area Elevated Causeway Lift/Launch Facility, Naval Amphibious Base (N62474-82-C-0139) Luminaire Conversion, Two Ballfields, Menzel & Friendship Parks Mission Manor #3 District Lighting Improvement (Job 1250) Mi Tierra & Mission Heights #5 District Improvement (Job #272) VALUE $ 12,135 $ 23,220 $ 11,728 $ 26,390 $ 19,000 (Subcontract) $ 17,860 $ 42,060 $ 63,230 LOCATION Long Beach, CA Imperial County, CA March AFB, CA Chula Vista, CA Coronado, CA Chula Vista, CA Tucson, AZ Tucson, AZ OWNER California State University J. O'Dell, Purchasing Dept. (213) 498-4871 Pacific Telephone Co. Dean Wilson, Proj. Manager (619) 443-3346 U. S. Air Force Gloria Jackson, Contr. Off. (714) 655-4331 City of Chula Vista Dick Dysart, Inspector (619) 691-5028 Accent General, Inc. Bill Knauer, Superintendent (619) 449-7670 City of Chula Vista Ed Peery, Inspector (619) 691-5007 City of Tucson John Lundberg, A.C.E. (602) 791-4321 City of Tucson John Lundberg, A.C.E. (602) 791-4321 MACO SERVICES, INC. COMPLETED CONTRACT LIST YEAR COMPLETED 1983 1983 1983 1983 1983 1983 1983 1983 TYPE OF WORK, CONTRACT/PROJECT NO. VALUE Alterations to Magazine for Physical Security, $ 85,808 Naval Air Facility (N62474-82-C-0042) Install New Street Lighting, McCandless Blvd. $ 24,944 Naval Station (N62474-82-C-4561) Electrical Recon- struction, Lakeshore Loop, $ 50,055 Santee Lakes Reg. Park Electrical Service for Traffic Signals, Rte 15/ $ 11,045 Camino del Norte Interchange (11-914847) Cabrillo Elementary School Sports Field $ 48,265 Lighting (Subcontract) Medium Intensity Approach Lighting System (MALSR), Runway 07, Santa Barbara $ 79,176 Municipal Airport (DTFA08-82-C-06334) Install Security Lighting, Bldg. 4537 $ 38,838 (DAKF03-82-C-0177) Underground Existing Electric & Telephone $ 35,530 Services, El Camino Real, Phase III (AD79-10C) LOCATION El Centro, CA San Diego, CA Santee, CA San Diego, CA Point Loma, CA Santa Barbara, CA Fort Ord, CA Mountain View, CA OWNER U. S. Navy Lt. D. C. Black, ROICC (619) 339-2201 U. S. Navy AROICC, Public Works (619) 235-3645 Padre Dam Mun. Water Distr. M. Gale Ruffin, Asst. Mgr/ (619) 448-3111 Engr. State of California, Dept. of Transportation L. C. Gaunt, Minor Contracts (619) 237-6825 Supvr. C & C Evergreen, Inc. Frank Wennig, Proj. Mgr. (619) 464-2017 Federal Aviation Administr. C. L. Petersen, Contr. Offer (213) 536-6173 U. S. Army Joann Giles, Contr. Offer. (408) 242-5511 City of Mountain View Tom Alexander, Constr. Engr, (415) 966-6311 Page 11 CONTRACT - PUBLIC WORKS This agreement is made this /^^ day of . by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City") and Maco Services, Inc. whose principal place of business is IQlllA Prospect Avenue, _ Santee, CA 92071 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the contract documents for: ARMY-NAVY ACADEMY CROSSING SIGNALS CONTRACT NO. 3109 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide al 1 labor, materials, tool s , equipment , and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment . As full compensation for Contractor's performance of work uFder this Contract, City shall make payment to Contractor as follows: Upon completion of all work in a lump sum as shown on the proposal attached hereto and made a part hereof. Page 12 Payment of undisputed Contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this Contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor' shal1 be responsible for aTl loss or damage ari sing out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order Page 13 changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the Contract and a schedule containing such information is in the City Clerk's office, and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from, any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. The expenses of defense include all costs and expenses, including attorneys fees, for litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require Contractor to indemnify City for losses caused by the active negligence of City. 10. Insurance. Contractor shall maintain insurance covering the 1i abi1ity stated in Paragraph 9 in the amount acceptable to the City Council and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this Contract taken out by Contractor. 11. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this Contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules 16. Page 14 of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction .thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records aval 1 able to the City, Sections 1776 and 1812 California Labor Code, the records at Contractor's specified above, Contractor certified letter accompanying Contractor shall notify the City by change of address of such records. 15. Labor Code Provisions shall maintain and make , records in accordance with Contractor upon request of Part 7, Chapter 1, Article 2, of the If the Contractor does not maintain principal place of business as shall so inform the City by the return of this Contract, certified mail of any The provisions of Part commencing with Section 1720 of the California incorporated herein by reference. 7, Chapter 1, Labor Code are Security. Pursuant to the requirements of law (Governement Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this Contract or any obligation established by this Contract. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Assistant City Attorney Maco Services, Inc. President dWoBy Carol Covey Davite T i 11 e Secretary To. CALIFORNIACITY/? OF CARLSB Mayor ATTEST City Clerk STATE OF CALIFORNIA COUNTY OF San Diego >ss. OFFICIAL SEAL LORI JO WALL Notary Public-California Principal Office In San Diego County My Comm. Exp. Mar. 25, 1988 ACKNOWLEDGMENT-Corp.-Pres. & Sec.-Wolcotts Form 222CA-Rev. 5-82 C01982 WOLCOTTS, INC. On this . day of July in the year 19.84 before me, the undersigned, a Notary Public in and for said State, personally appeared Carol Covey Davis , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Pfesidetit-afld-Secretary, fespeotively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official seal Notary Rtfblic in and for said State. STATE OF CALIFORNIA COUNTY OF San Diego >ss. OFFICIAL SEAL CAROL COVEY DAVIS J NOTASY FU3UC - CALIFORNIA PRINCIPAL OrFiCE IN SAN DIEGO COUNTY My Commission Expirss February 19, 1985 ACKNOWLEDGMENT-Corp.-Pres. & Sec.-Wolcotts Form 222CA-R6V. 5-82 ©1982 WOLCOTTS, INC. On this 10th day of July in the year 19 84, before me, the undersigned, a Notary Public in and for said State, personally appeared E. L. Warner . antt. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as PresidentramHSeefetefyrt'eapecttvely; of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official s Notary Public in andior said State. Page 15 ATTEST: City Clerk Contractor's Certification of Awareness of Workers' Compensation Responsibility. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." ZTontrat E. L. Warner, President Maco Services, Inc. 0\ Page 16 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 7£»52> » adopted -7-3- has awarded to /MAtiip .S£^Ai/j<~f3 (hereinafter designated as the "Principal"), a contract for: ARMY-NAVY ACADEMY CROSSING SIGNALS CONTRACT NO. 3109 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for. or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Maco Services, as Principal, (herei nafter designated as the "Contractor" ) , and insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum of j£/frr T-M> Dollars (%is-J^3, )» said sum being one hundred per cent (100%) of the estimated" amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. Page 17 This bond shall Inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the M^-Contractor and Surety, above named, on the _ , 198*f day of Maco Services, Inc. (Notarize Seal for BY: or Corporate each Signer)E. L. Warner, President Contractor surety STATE OF CALIFORNIA j CITY AND COUNTY OF SAN DIBQO 1 llth JULY C-f alift 10 84 . before me. the umkni^nid Notary Public, in and for ihe Slate, personally . a pcnon known to ine (or proved to me on the ba»fe of sirtuJactory evidence). •PPVJTCM ^*™—^m^*H**^ ^ r " • to be the person Who executed the written instrument at Aiiorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. MyO OFFICIAL SEAL • K(jSA^f J. PEHAR !*3TARY PUBLIC-CALIFORNIA PRINCIPAL Of FICE IN SAN DIEGO COUNTY My Commission Expires May 3,1985 .llth day of L0*& Notary Public. . 13 f| o\ Page 18 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. -T&tt . adopted 7 -J ~S has awarded to _ _ _ (hereinafter designated as the "Principal") a contract for: ARMY-NAVY ACADEMY CROSSING SIGNALS CONTRACT NO. 3109 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Maco Services, Inc. _ as" Principal, (hereinafter designated as the "Contractor"), aru3 Insurance Company of the West _ , as Surety, are held and firmly bound unto the City of Carlsbad, fn the sum of P/free*/ •n#*tj*AMfd £EVE*J Vu/JO&ea JCsrrY' rt*s£? Dollars( $ js. 7jT3L )»said s urn be i n g e q u a 1 to one hundred per cent (100%; of the estimated amount of the Contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 19 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been .duly executed by the Contractor and Surety above named on the j [^•sf day of ,TU(_V/ i Maco Services, Inc. By: (Notarize or Corporate Seal for Each Signer) E. L. Warner, President Contractor (I. Of As-4-^c^^e (_ Surety STATE OF CALIFORNIA CITY A»ND COUNTY OF SAN DIB30 On this llth day JULY 19 84 . before me. the undersigned Notary Public, in and for the Slate, personally appeared Bettie L. Garcia a pcnon known to me (or proved to me on the ba»is of satisfactory evidence). to be the person »ho executed the written instrument as Attorney-in-Faci on behalf of the corporation therein named and acknowledged to me that the corporation executed k. &L2&&V SUSAN ,'. PEHAR ;t=3sf^; >"' :*OTAf:v ?J:3UC 0\l.iFORW»A My rofr::-..ii'j;cti Expires May 3, 1985 KM.M 11* llti Notary Public. INSURANCE COMPANY OF THE WEST 1 HOME OFFICE: SAN DIEGO. CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego. California, does hereby nominate, constitute and appoint: Bettie L. Garcia its true and lawful Anorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February. 1973. which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove s^ch Anorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Artorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-m- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF. Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Thirteenth day of May 19_80_. PANY OF THE .VEST STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this Thirteenth day of May A.D.. is 80 before the subscriber, a Notary Public of the State of California, in and for the County at San Diego, duly commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow'edged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL SCM. CAROLYN STONE NOTARY PUBLIC • CALIFORNIA Principal Office in San Di«|o County My Commission Eip. April IS. 1983 Notary/ttblic STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned.Richard S. King .Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this -llLb_ _ day of.JULY ROBERT T. DRIVER CO., INC. "Dttvwe (619)238-1828 400 CEDAR ST., SAN DIEGO, CA 92101 Page 20 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSPWC,as issued by the Southern Chapters of the American Public Works Association; the State of California, Department of Transportation Standard Plans; the City of Carlsbad supplement to the SSPWC; the Contract documents, and the General and Special Provisions attached thereto. The Construction Plans consist of 1 sheet designated as City of Carlsbad Drawing No. 214-6!The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDKS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. B. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. Page 21 D) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. E) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment, and transportation. 4. CODES AND STANDARDS Standard Specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the "Notice to Proceed" letter is not met by the Contractor, he will be assessed the daily salary of the City Inspector for each working day beyond the completion date, as damages. Page 22 Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 45 consecuti ve calendar days from the date of receipt of said "Notice to Proceed." 6 . NONCONFORMING UORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion". The City will undertake periodic inspection and maintenance during this period, and any faulty equipment discovered during such inspection and maintenance shall be attributable to the Contractor, who must then repair or replace said equipment within 48 hours of notification by the • City. In the event Contractor does not repair or replace faulty equipment as required above, City may order the repair or replacement by others, at the Contractor's expense. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two (2) copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with Page 23 such information as may be necessary to keep her/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. 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his" subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compli ance. 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical, or other characteristics, and its durability, finish, or efficiency by a Page 24 testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical and plumbing permits be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. will 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. Page 25 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposa-1 . No separate payment will be made. 19. CODES. ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances, and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbrevi ation American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC American Standards Association ASA American Concrete Institute ACI Underwriters Laboratories, Inc. UL Department of Commerce Standards CS Page 26 SPECIAL SPECIFICATIONS 1. GENERAL All work shall be constructed in accordance with these specifications, the provisions of the CalTrans Standard Specifications, and the Standard Plans, hereinafter referred to as the Standard Specifications and also in accordance with any supplementary standards or specifications which may be referred to herein or on the plans. The work shall consist of furnishing all labor, materials, equipment, and appurtenances for the construction of crossing signals, all as detailed on the plans and as specified herein. All work shall be completed in strict adherence to these specifications and as detailed on the plans. 2. TRAFFIC CONTROL Description; This work shall consist of providing delineat ion, lighted barricades, and signing for detours, traffic channelization, and public safety. Construction; Traffic control shall conform to applicable provisions of Section Twelve (12) of the Standard Specifications and these Special Provisions. The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. All warning lights, signs, flares, barricades, and other facilities (except City furnished and placed information signs) for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All signs shall conform to and be placed in accordance with the current San Diego County Regional Standards. Maximum amount of traffic disruption at any one time shall be for 48 hours. One travel lane in each direction shall be maintained at all times. Separation between travel lanes shall be accomplished by the use of delineators placed at maximum of 15' on center. Traffic channelization at intersections shall be accomplished by the use of delineators placed at a maximum of 10' on center. Page 27 Barricades and traffic control details shall be submitted by the Contractor for approval to the City Engineer 72 hours prior to starting any work requiring traffic control. No work shall start until said details are approved by the City Engineer. During the course of the work, the Contractor shall make minor changes and add or delete signing, as m'ay be requested by the City Traffic Engineer, to correct problem traffic situations which are a result of this Contractor's operations. In special cases, the Contractor will be required to furnish flagmen as requested. The Contractor shall perform periodic patrols of the construction area during both working and non-working hours to replace and/or set up any signs, barricades, etc., which may have been knocked down. The Contractor shall furnish to the Carlsbad Police Department, the telephone number of an employee to be on call during non-working hours to correct any sign, barricade, or delineator problem. In the event City forces are required to correct any signing problem, due to the Carlsbad Police Department being unable to contact the Contractor's "on-call" employee, the cost of said work shall be deducted from the final payment due to the Contractor. All flasher-type barricades shall be maintained in operating condition. When the project is completed, all traffic control signs, barricades, and delineators shall be removed from the site and shall remain the property of the Contractor. Payment: Payment for providing traffic control shall be considered included in the Contract unit prices paid for other items of work and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. TEMPORARY PAVEMENT Description; This work shall consist of furnishing and installing temporary pavement over backfilled trenches. Materi alIs: Temporary pavement shall be a minimum of one and one-half inch (1-1/2") bituminous premix. Construction: The Contractor shall proceed immediately to placa finalresurfacing on any part of any excavation upon notice from the Engineer without waiting for the completion of the full length of the project. Within the limits of any traveled way, temporary or final resurfacing shall be placed immediately following final compaction of the backfill. Page 28 Payment; Payment for providing temporary pavement shall be considered included in the Contract unit prices paid for other items of work and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. 4. ADVANCE FLASHING BEACON Furnsihing and installing the advance flashing beacon shall conform to the provision in Section 86, "Signals and Lighting", of the the CalTrans Standard Specifications, the Plans, the Standard Drawings, and these Special Provisions. 5. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Maintaining existing and temporary electrical system shall conform to the provisions in Section 86-1.05, "Maintaining Existing and Temporary Electrical Systems", of the Standard Specifications and these Special Provisions. Street lighting system shutdowns shalll be limited to periods between the hours of 7:00 a.m. and 4:00 p.m. 6. FOUNDATIONS Foundations shall conform to the provisions in Section 86- 2.03, "Foundations", of the Standard Specifications and these Special Provisions. Portland cement concrete shall conform to Section 90-10, "Minor Concrete", of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than 564 pounds of cement per cubic yard. 7. STANDARDS, STEEL PEDESTALS, AND POSTS Standards, steel pedestals, and posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals, and Posts", of the Standard Specifications and these Special Provisions. Type 1-A standards shall be 0.125-inch tapered aluminum. 8. CONDUIT Conduit shall conform to the provisions in Section 86-2.05, "Conduit", of the Standard Specifiations and these Special Provisions. Non-metallic type conduit shall not be used. Page 29 Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. 9. PULL BOXES Pull boxes shall conform to the provision in Section 86-2.06, "Pull Boxes", of the Standard Specifications and these Special Provisions. Plastic pull boxes or covers shall not be used. 10. CONDUCTORS AND WIRING Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors", and Section 86-2.09, "Wiring", of the Standard Specifications and these Special Provisions. Conductors shall be spliced by the use of "C"-shaped compression connectors as shown on the plans. Splices shall be insulated by "Method B". 11. BONDING AND GROUNDING Bonding and grounding shall conform to the provisions in Section 86-2.10, "Bonding and Grounding", of the Standard Specifications and these Special Provisions. Grounding jumper shall be attached by a 3/16-inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod, or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. 12. TESTING Testing shall conform to the provisions in Section 86-2.14, "Testing", of the Standard Specifications and these Special Provisions. The eighth paragraph in Section 86-2.14C, "Functional Testing", of the Standard Specifications is amended to read: "A shutdown of the electrical system resulting from damage cause by public traffic or from a power interruption shall not constitute discontinuity of the functional test." Page 30 Testing of control equipment and cabinet wiring shall be accomplished at the job site. All references to State testing facilities or laboratories shall be interpreted at the job site. The 21-days State testing period will be waived. All costs for testing of equipment shall be included in the lump sum bid price. 13. VEHICLE SIGNAL FACES Signal faces, signal heads, and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Sections 86-4.01, "Vehicle Signal Faces", 86-4.02, "Directional Louvers", 86-4.03, "Backplates", and 86-4.06, "Signal Mounting Assemblies", of the Standard Specifications and these Special Provisions. All lamps for all flashing beacon units will be furnished by the Contractor. Lenses shall be ultraviolet stablized polycarbonate plastic conforming to the requirements in Section 86-4.01A, "Optical Units", of the Standard Specifications. Reflectors shall be made of silvered glass or specular aluminum with an anodic coating and shall conform to the provisions in "ANSI Standard", D-10.1. Each housing and door shall be fabricated from a structural plastic. Housings shall be either molded in one piece or shall be fabricated from two or more pieces joined into a single piece using thermal, chemical, or ultrasonic bonding. The plastic shall have ultraviolet stability, shall be unaffected by the heat of the lamp used, and shall be self- extinguishing. Housings and doors shall be colored throughout and shall both be dark olive green matching Color No. 14056, 24056, or 34056 of Federal Standards 595A. The housing of each signal section shall be designed to permit access to the section for relamping without the use of tools. The door shall be secured by a method that will hold the door closed when the section is subjected to the wind load specified below. Metal door hardware, including hinge pins, shall be made from Type 304 or 305 stainless steel. Visors shall be the full-circle type unless otherwise shown on the plans. Page 31 Plastic signal faces shall meet the following strength requirements: A 3-section face with either all 8" or all 12" sections, completed with optical units and with a suitable backplate as herein specified, shall, when supported solely from the top or bottom section, be capable of withstanding the laboratory equivalent of a sustained wind load of 25 pounds per square foot applied perpendicular to the signal face backplate. The applied wind loading will be equally distributed between the three sections. "Withstanding" means that the specified load, when applied for a period of 24 hours, shall not cause any damage to the signal face or backplate nor any permanent deformation sufficient to result in adverse performance of the signal face. "Adverse performance" means a permanent deflection of more than 10° in either the vertical or horizontal plane when the test load is applied to the front of the signal face. An external bracket assembly shall be used for supporting or reinforcing two or more signal faces tjiat are to be post-top mounted. Such bracket assemblies shall be finished in the same color as the signal sections, shall be capable of withstanding the tests specified above, and shall be fabricated of material with a finish that provides the same corrosion resistance and color retention as the plastic in the signal sections. Each visor shall be secured to its door in a manner that will prevent its removal or permanent deformation by the wind load specified above applied to the side of the visor for a period of 24 hours. Plastic visors and backplates shall be either formed from sheet plastic or assembled from extruded, molded, or cast sections. Sections shall be jointed using appropriate solvent cement or with aluminum rivets and washers permanently colored to match the backplate. Visors and backplates shall be black homogeneous colored material with luster less finish. Each backplate shall be secured to the signal face in a manner that will prevent its removal when the above specified wind load is applied to either the front or rear of the signal face. Said wind load shall not result in a permanent deformation of the backplate of more than 5° forward or backward when the load is applied for a period of 24 hours. > •*• Page 32 Plastic signal sections and visors shall have the following dimensions and weights: 12-inch signal section: Height: 14-3/4" maximum Visor Length: 9" minimum Visor Tilt: 3° to 7° downward Weight: 13 pounds maximum with visor Signal mounting assemblies shall consist of one and one-half inch (1-1/2") painted standard steel pipe or galvanized conduit, necessary fittings, slip-fitters, and terminal compartments. Pipe fittings shall be painted ductile iron, galvanized steel, copper,, brass, or bronze. Slip fitters and terminal compartments shall be cast bronze, Type 356-T6 aluminum or hot-dip galvanized ductile iron. After installation, any exposed threads of galvanized conduit brackets and all areas of such brackets damaged by wrench or vise jaws shall be cleaned with a wire brush and painted with two applications of zinc dust-zinc oxide paint conforming to the requirements of Federal Specification TT-P-641, Type JI. All signal heads shall be new and of the same material and color. 14. SIGN PANEL LIGHTING The sign panel lighting fixtures, as shown on Standard Plan Sheet ES-9B, shall not be installed. 15. CONTROLLER ASSEMBLY The controller shall conform to the provisions in Section 86.407C, "Flashing Beacon Control Assembly", of the Standard Specifications and these Special Provisions. The timer shall be a Chrontrol, or its equal. The timer shall be a 24-hour, 7-day programmable solid state electronic unit with integral time display. The timer shall be capable of being programmed for 10 on/off times per 24- hour day and shall operate on any or all 7 days. On and off times shall be programmable to the day, hour, minute, and second. The timer shall have a keyboard-type entry. Any program may be entered, changed, or checked without disturbing other program times. Page 33 The timer shall have a LED digital readout that displays time of day in hours, minutes, seconds, and AM or PM on request. The readout shall also display program information on request. The timer shall have program memory and time of day protection through the use of a Ni-cad battery on floating charge and crystal time base back-up. The timer shall automatically, without interruption, transfer to battery power for protection of time-of-day and program memory immediately upon loss of AC power and transfer back to AC power as soon as AC power is restored. The timer shall have a minimum of one output circuit. Each output circuit shall be a SPOT relay rated at 125 VAC, 20 A, minimum. The relays shall be mounted with screws to facilitate maintenance. An LED shall illuminate when the circuit is activated. A manual override switch shall be provided to allow operation of the advance flashing beacon system at other than pre- programmed times. The flasher shall conform to the provisions in Section 86- 3.086, "Flasher", of the Standard Specifications and these Special Provisions. The flasher shall meet the requirements of NEMA Standards Publication No. TSI-1976, "Traffic Control Systems", Part 8, "Solid State Flashers", dated September 1978. The two beacons facing each direction of traffic shall flash alternatively. The flashing beacon control assembly shall be enclosed in a weathertight case aluminum or galvanized steel Nema Type 3 cabinet of sufficient size to house both timer and flasher, with police lock. The cabinet shall be post-top mounted on a Type 1-B Standard with the bottom at a height of 4'0". The complete controller system and cabinet shall be furnished and tested by the Contractor. The Contractor shall install the controller and cabinet and connect the controller to the flashing beacon system as directed by the Engineer.