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HomeMy WebLinkAboutMcCain Construction Company Inc; 1980-04-24; 1079CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA TRAFFIC SIGNALS AND LIGHTING AT EL CAHIf!0 REAL S TAMARACK AVF.NUF. CONTRACT NO, 1079 FEBRUARY, 1930 * * s~ Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 p.m. on the 12th day of .MARCH _ , 19 80 , at which time they will be opened and read for performing the work as follows: TRAFFIC SIGNALS AND -LIGHTING AT EL CAMINO REAL AND TAMARACK AVENUE - CONTRACT NO." 10 7 9 Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Refer- ence is hereby made to said specifications for full particulars and description of said 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 cash., certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (1.0%) of the amount of bid; said guaranty to be for- feited should the bidder to whom the contract is a\varded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid re- quirements. i The documents included within the sealed bid's which require completion and execution are the following: 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 Said documents shall be affixed with the appropriate nota- rized signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the presi- dent or vice-president and secretary or assistant secretary are required and the corporate seal shall be affixed to all docu- ments requiring signatures. In the case of a partnership, the notarised signature c£ at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the pro- posal. The estimated cost of the work is $66,000. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, 'California, at no cost to licensed contractors for the first set. Additional sets are available for a non-refundable fee of $10. 75 per set. 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 workperson needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the State of California Labor Code, Part 7, Chap- ter 1, Article 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1773.2 of said Labor Code, a current copy of applicable wage rates are on file in the Office of the City Clerk of the City of Carlsbad. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workpersons employed by him/ her in the execution of the contract. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations 'with apprenticeships as required on public works projects above thirty thousand dollars ($30,000) or twenty (20) working days or for specialty contractors not bidding for work through a general or prime contractor involving more than two thousand dollars ($2,000) or more than five (5) working days. The amount of the bond to be given for the faithful perform- ance of the contract for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of the claims for any material or supplies furnished for the performance of the work contracted to be done by the contractor for any \\rork or labor of any kind done thereon. Partial and final payments on this contract shall be in ac- cordance -,:ith Section 9 of the 1979 edition of "Standard Specifi- cations for Public Ivories Construction." Approved by the City Council of the City of Carlsbad, Cali- fornia, bv Resolution No. (j>o7 £ adopted on the ^5"^^ day of " RAUTBNKRANZ, CITY CLERK CT—' TABLE OF CONTENTS PAGE. ITEM * 1 NOTICE INVITING BIDS 3 PROPOSAL 6 • BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 'DESIGNATION OF SUBCONTRACTORS 9 . BIDDER'-S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . 11 CONTRACT -.. « f 14 . LABOR AND MATERIAL BOND 16 ' PERFORMANCE BOND 18 ., GENERAL PROVISIONS 26 SPECIAL PROVISIONS . ' Page 3 CITY OF CARLSBAD CONTRACT NO. 1079 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. 1079 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: Item Article with Unit Price or- " 'Approximate Mo. Lumn Sum Written in .Words Quantity 5 .Unit TOTAL 1 Furnishing &. installing traffic signals arid modifying highway . • " ' lighting and street improvements at El Caminjp Real and Tam^racl Avenue Dollars Cents per lump sum . . . .Lump Sum Adclemluia(a) No(s). / _ has/have been received and is/are included in this proposal. Page 4 All bids arc to be computed on the basis of the given es- timated quantities of work, as indicated in this proposal, times the unit price as submitted by t-he bidder. In case, of a dis- crepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the cor- rected extension shall be calculated and the bids will be com- puted as indicated above and compared on the basis of the cor- rected totals . • The estimated quantities of work indicated in this proposal are' approximate only, being given solely as a basis for compari- son of bids . 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 poli- cies 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 with the Statutes of the State of California providing for the registration cf contractors, Li- cense No. /£'}'?')£*/ > Identification /4? j*? <£ ~C-f- ' t" ' ' ' The undersigned bidder hereby represents as folloi^s: (1) That no Councilperson, 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 of- ficers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract arid 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 _ _,. (cash,certified check,bond or cashier's check) in an amount not less than ten percent (10%) of the total bid price. 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. Page. 5 Phone Wusabcr Date" McCAIN CONSTRUCTION CO., INC, "22^20 Iricinltcis Blvdi "' ; " •• • '.-••••• • '••• . Encinitas, Californici $2024 . • Bidder's Address McCAIN CONSTRUCTION CO.,INC. 2220 Encinitas Blvd. .Cncmitas, Califomia 92024 Bidder's Name Authorised Signatwi; Authorized Signature rr^cs • .oj: Organization -(Individual, Corporation , Co- Partner ship) • .. List belov; names of President, Secretary, Treasurer and Manager if a corporation, and names—©4: all co-partners if a co-partnership: ' (NOTARIZE CR»CORPORATE.SEAL) BSP llfesi, ^^P •^ Bnwv , .j.. ,._*rf . ^*i r-1 STATE OF CALIFORNIA „ , Los AngelesCounty or ss. day of March , in the year Ni Hundred Eighty , before me,Patricia Haran in and for said state, personally appeared.T. L. O'Louqhlin , a Notary , known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney-in-Fact. PATRICIA HARAN NOTARY P'JStIC STATE Or CAUFOI1NIA PRINCIPAL Office IN ELES COUNTY 'ros April 19, 1982 Notary Public in ana for said State FORM) Page 6 BIDDER'S BOND 70 ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That We, HC CAIN CONSTRUCTION CO., INC. arc! GREAT AMERICAN INSURANCE COMPANY __ , as Principal, _ , as Surety, 'are held ' and firmly bound unto the City of. Carlsbad, California, in the sum of TEN PERCENT (10%) OF THE AMOUNT BID IN A^^^ (g ******•[ o%**********) t lawful money of the United States for the pay- ment of wh~i ch sum well and truly to be r.\ade , we bind ourselves, •jointly ana severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: TRAFFIC SIGNALS AND LIGHTING AT EL CAMINO REAL AND TAMARACK AVENUE - CONTRACT NO. 1079 in the City of Carlsbad City, and if the above- end execute, a contract policies within twenty tract by the City Counc notified of said award, and void; otherwise, it effect, and'the amount the said City. , is acce bounden P including (20) days il of the then thi shall be specified pted by the City Council of said rincipal.shall duly enter into required bonds and insurance from the date of award of cori- City of Carlsbad, being duly s obligation shall become null and remain in full force and herein shall be forfeited to In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Prin- cipal shall not exonerate the Surety from its obligations under this bond.' . . . IN WITNESS WHEREOF,'we hereunto set our hands and seals this • 2lst day of MARCH ; ___, 19 80 • . Corporate Seal- (if corporation) MC CAIN. CONSTRUCT I ON CO.. INC.Princiixal ^ GREAT_AMERICAN INSURANCE COMPANY Surety TV L. o'LouGiTrnr"r TitJe ATTORNEY-IN-FACT (Attach acknowledgement of Attorney in Fact) (Notarial acknowledgement of exe- cution Ivy all PRINCIPALS and SURETY must, be attached.) Page 7 The undersigned certifies he/she has used the subbids of the fol.lov7.ing 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 Public Works Administrator, and in accordance with applicable provisions of the specifications. No . changes may be made in these subcontractors except upon the prior approval of the Public Works Administrator of the City of Carlsbad. • The following information is required for each subcontractor. Ad- ditional page can be attached if required. Full Item(s) . Company Complete Address Area Code of Work / Name with 7.in rode Phone No. Pvage 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 page can be attached if required. Full Company Type of State . Contracting License f< No. Carlsbad Business License No.* 'Amount of Bid($ *Licenses are renewable annually by January 1st. If no valid li- .cense indicate "none." Valid license must be obtained prior to submission of signed contracts. * . ' ' ' ' MeCAiN' CONSTRUCTION CO., INC. 2220 Ericinitas Blvd. ^ Cnlifornin 99Q34 (NOTARIZE OP. CORPORATE SEAL) Bidder's Company Name MCCAIN CONSTRUCTION CO., INC, BALANCE SHEET . MARCH 31, 1979 CURRENT ASSETS ASSETS Cash in bank Accounts receivable Inventory - material - (Note 2) Inventory - work-in-process $ 34,146 128,780 20,000 65,122 Total Current Assets,$246,048 FIXED ASSETS Vehicles Equipment Office furniture" 4 fixtures $138,382 48,195 3,414. Totals Less accumulated depreciation $189,991 (156,136) Net Fixed Assets 53,855 i OTHER ASSETSI - j Prepaid interest j Prepaid corporation income tax $ 2,750 5,500 Total Other Assets 8,230 TOTAL ASSETS $308,133 EXHIBIT A LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Accounts payable $ 6,578 Contracts § notes payable - within one year 10,580 Total Current Liabilities $ 17,158 LONG-TERM LIABILITIES Contracts § notes .payable - after one year $ 5,326 Loans payable - officers 1,759 Total Long-Term Liabilities 7,065 _.--- TOTAL LIABILITIES $24,223 DEFERRED LIABILITIES ^" Corporation income tax payable -(Note 3) 47,961 STOCKHOLDERS' EQUITY Capital stock issued $ 20,000 Retained earnings - March 31, 1978 $152,532 Net income - Exhibit B 34,029 Adjustment for income taxes 29,588 Total retained earnings 215,949 TOTAL STOCKHOLDERS' EQUITY 235,949 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY ' $508,133 See Notes to financial statement, Unaudited, Page 9 BIDDER'S STATEMENT OF 'FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. (NOTARIZE UP CORPORATE SEAL) AIN f °, onslrvdion\B Inc Electrical and Genera! Engineering Contractors CALIF. LIC. # 277724 LIGHTING CONTRACTS PERFORMED FOR CITIES: City of San Diego Engineering & Development Dept. 1970 "B" Street, Building Vl San Diego, California 92102 City of Long Beach 333 West Ocean Boulevard Long Beach, California 90802 City of Cerritos ' 19^00 Pioneer -Boulevai^d ' Cerritos, California 90701 City of El Monte 11333 Valley Boulevard El Monte.,-ealifornla 9173''+ City of Pico Rivera 66l5 Passons Boulevard Pico Rivera, California 90660 City of Orange 300 East Chapman Avenue Orange, California 92666 City of Anaheim 20*1 East Lincoln . Anaheim, California 92805 BANK REFERNCE; San Diego Trust & Savings Bank 801 San Marcos Boulevard San Marcos, California 92069 (73.U) 7^-0639 DIJN & BRADSTR15ET, INC. Financial Rating //00-880~T.i3Rl John E, Mills (71*0 236-5520 William Bertram (213) 590-6711 Art Gallucei (213) 860-0311 Glenn F. Welch (213) 575-2252 John M. • Sensing'' (213)' 692-0^01 Jess Garcia Edward Rozok (71*0 533-57^1 INSURANCE & BONDING AGENT; (GREAT AMERICAN INSURANCE co,) Russel-l, Gloason & Van Rooy, .Inc Tom 0'Lough1 in '•31 North Brand Boulevard Glondalo, California 91203 4CJNITAS BLVD. • ENGINITAS, CALIFORNIA 02024'* (714)942-0821 Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state v?hat work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with tele- phone numbers, which will enable the City to judge his/her responsibility, experience and skill. An- attachment can be used if notarized or sealed. (NOTARIZE CR CORPORATE.SEAL) Page 11 CONTRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Carlsbad, California, hereinafter designed as "City", party of the first part, and McCain Construction Co., Inc. hereinafter designated as "Contractor", party of the second part. WITNESSETH: The parties hereto do mutually agree as fol- lows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Con- tractor agrees with the City to furnish all materials and labor for: TRAFFIC SIGNALS AND LIGHTING AT EL CAMINO REAL AND TAMARACK AVENUE - CONTRACT NO. 1079 and to perform and complete in a good and workpersonlike manner all the work pertaining thereto shown on the plans and specifica- tions therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (ex- cept such materials, if any, as in the said specifications are stipulated to be furnished by City), and to do everything required by this agreement and the said plans and specifications. t2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be en- countered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borned by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Con- tractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the < * . Page 12 specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The notice to bidders, instructions to bidders, con- tractor's proposal, and the plans and specifications, and all amendments thereof, when approved by the parities hereto, or when required by the City in accordance with the provisions of the plans and specifications, are. hereby .incorporated in and made a part of this agreement. 5. 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 exe- cute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by ref- erence herein. 6. The Contractor shall assume the defense of and indemni- fy 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 responsi- bility for neglig-ence; 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. 7. Contractor shall cause the City to be named as an addi- tional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 8. The Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, then Con- tractor shall either (1) acquire- such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract or (2) shall 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 which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned in Paragraphs 7 and 8 or proof of workers' compensa- tion self-insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof Page 13 shall be settled by arbitration in accordance with the con- struction industry rules of the American Arbitration Associa- tion 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. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) 'P/ROVED,AS TO FORM; C i'W/At t o rney APPROVED AS TQ'Fq VN^CENT F;BIO vx McCain Construction Co., Inc. (seal) Ti CITY OF CARLSBAD, CALIFORNIA By Mayor ATTEST: City Cler STATE OF CALIFORNIA, COUNTY (IF Los PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 19,1982 i ON. ss. April 2k l&e _ , before me, the undersigned, a Notary Public in and for said State, personally appeared Jack A. Me Cain and Evangellnc S. Me Cain known to me to be the President and the Secretary °f ^e Me Cain—Const ru ct ion—Co. —| ne.the Corporation that executed the within Instrument, known to me to oe the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev. 3-64 Page 14 LABOR AND MATERIAL BOND BOND m^£^ KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6128 adopted April 1? 1980 has awarded to McCain Construction Co., Inc. '_ , hereinafter designated as the "Principal", a contract for: TRAFFIC SIGNALS AND LIGHTING AT EL CAMINO REAL AND TAMARACK AVENUE - CONTRACT NO. 1079 .in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. 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 ma- terials, 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 there.on of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE McCain Construction Co., Inc. as Principal, hereinafter designated as Contractor, and Great American Insurance Company . as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Six Thousand Nine Hundred and no/100 Dollars ($ 26,900.00 ) said sum'being fifty percent (501) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for xvhich 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 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page 15 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 Gov- ernment Code of the State of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or ad- ditions to the terms of the contract or to the work to be per- formed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. 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 Contractor and Surety above named, on the 24 day of APR , 19 (NOTARIZE ftNP CORPORATE SEAL FOR EACH SIGNER) Contractor 6/ GEEAT AMERICAN INSUHAKCE COMPANY T.L E'LOUM. Surety STATE OF CALIFORNIA County nf Los Angeles On this. Elghty 2kth day of i 1 , before me, , in the year Nineteen Hundred Patricia Haran a Notary , knownT. L. 0' Loughl inPublic in and for said state, personally appeared, to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney-in-Fact. PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL OFFICE IN LflS^NGELES COUNTYon ex i My Commission Expires April 19, 1982 SJ59A 12-66 (CALIFORNIA ACKNOWJ.EDC5EMEMT FORM)^^••••••••••••••••••••••••••••••"•"•••••••wMliwWlMWMr Notary Public in and for said State STATE OF CALIFORNIA, COUNTY OF Los Anqeles ^p?>. PATRICIA HARAN /Sr^SjjSsi, NOTARY PUBLICppriJSlISs! STATE OF CALIFORNIA ftVttjpSfe'a/ PRINCIPAL OFFICE IN \&3jjjljy LOS ANGELES COUNTY My Commission Expires April 19, 1982 !*• ON April 2k before me, the undersigned, a Notary Public in and Evangellne S. Me Ca i *>f*€*r**fpat*v of thft I^Q Coin Construction , 1!fin , for said State, personally appeared n , known to me to hfi the the Corporation' TharexecutedlhT within Insfrunien't'1known"to'rnel Ib^be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. /O -/-'. L^Y^^^^^ Notary Public x ^ />y /<?~ig<L/ ^J?V^Ud*£-^- in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev. 3-64 <RB\T AMERICAN INSURANCE GOMRMUY The number of persons authorized by this power of attorney is not No. 0 10895 more than THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact or attorneys-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power T. L. O'LOUGHLIN ALL OF ALL DAVID D. GLEASON GLENDALE, CALIFORNIA UNLIMITED WILLIAM C. VAN ROOY This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1 day of October 1976 Attest: GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 1 day of October, 1976 . before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that he saalaffixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of , and that he signed his name thereto by like authority. his Power of Attorney is granted under and by authority of Article V of the By-Laws of the Company, extracts of which follows: ARTICLE V. Officers: Powers and Duties. Section 4.... The President... shall also have power and authority, from time to time, to appoint and fix the compensation of one or more attorney s-in-fact, to prescribe their respective duties and the respective limits of their authority and to revoke any such appointment, at any time, in his discretion. Section 5.. .. the several Vice Presidents... shall act, in the order of their appointment, in the place of the President exercising all his powers and performing his duties, during his absence or disability. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of the Great American Insurance Company at the organization meeting duly called and held on the 1st day of October, 1976. RESOLVED, that the Company seal and the signature of any officer authorized by the By-Laws may be affixed by facsimile to any power of attorney and revocation of any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, W. R. BILY, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, the above quoted abstracts of Sections 4 and 5 of Article V of the By-Laws, and the Resolution of ihe Board of Directors of October 1, 1976 have not been revoked and are now in full force and effect. Signed and sealed this 2*th day of April 19 80 S-1029E-11/76 PRINTED IN U.S.A. Page 16 PERFORMANCE BOND BONDri~-.... ;- KNOW ALL PERSONS BY THESE PRESENTS: IS $1^ WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 51 2R adopted _ April 1, I9ftf) > has awarded to _ McCain Construction Co., Inc. _ . _ , hereinafter designated as the "Principal", a contract for: TRAFFIC SIGNALS AND LIGHTING AT EL CAMINO REAL AND TAMARACK AVENUE - CONTRACT NO. 1079 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, _ McCain Construction Co.. Inc. _ , as Principal, hereinafter designated as the "Contractor", and _ Great American Insurance Company _ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fifty Three Thousand Eight Hundred and no/100 ----------- Dollars ($ 55.800.00 )> said sum being equal to 100 percent (1001) of the estimate'd 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, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions 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 speci- fied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carls- bad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. 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 not affect its obligations on this bond, and it does hereby waive Page 17 notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. 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 24 day of , 19 (NOTARIZE A*0 CORPORATE SEAL FOR EACH SIGNER) Contractor GBEAT IMEfilCAN INSURANCE COMPANY Tl S'LSSSBUH, Surety STATE OF CALIFORNIA County "f | f>c ss. On this. Fighi-y day of Apr! 1 , in the y^rNlneteen Hundred _ , before me, Patricia Haran , a Notary T. L. O'LouqhUn , knownPublic in and for said state, personally appeared to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- ifSnenwmuMe as Attorney-in-Fact. PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Notary Public in and for said State S959A 12-66 (CALIFORNIA ACKNOWLEDGEMENT FORM) STATE OF CALIFORNIA, nmiNTY OF |_os Angelas • /5r — _J_!si^sA NOTARY PUR! ir • : le^®l&t§=n STATE OF CALIFORNIA • ; 1\rfV2ps87y PRINCIPAL OFFICE IN ' • ^«?|^K/ LOS ANGELES COUNTY ! | My Commission Expires April 19, 1982 : ACKNOWLEDGMENT-Corporation-Wolcotts Form 222-Rev. 3-64 > SS. ON A | before me, the undersigned, a Notary Evange line S . Secretarynfthfi MCI f the Corporation mat exerjniedHrWwtfr executed the within Instrument, on behalf to me that such Corporation executed the WITNESS my hand and official seal. Public in and for said 'State, personally appeared u _ , , knnwn tn mp tn hfi theHe Cain nr"Ws<utn1efit!nkn(wmlto' m^ ft'-be the person who of the Corporation, therein named, and acknowledged same. ~/— ^ f ^1 / •^^^-^f^-ef^ ^=:^-Y-t^^^-'^^ Notary Public In and for said State. Page 18 CITY OF CARLSBAD CONTRACT NO. 1079 General Provisions Scope of Work The work covered by these specifications consists of fur- nishing all labor, equipment and materials and performing all work. Plans and Specifications A* Praisings : Drawings which form a part of the contract documents and which accompany these specifications are composed of _2 _ sheets labeled _ 195-9 _ . B- Provisions: Provisions which form a part of the con- tract documents consists of pages listed in the Table of Contents in the forepart of these contract docu- ments . C. Reference to Drawings: Where the words "shown", "in- ciicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the drawing accompanying these provisions unless stated otherwise. D. Directions : Where the words "directed", "designated", "selectecT", or words of similar import are used, it shall be understood that the direction, designation, selection, or similar import, of the architect 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 approved by the City Engineer" unless stated otherwise. E* Equals and Approvals: Where the words "equal", "ap- pro ved~~equ~aT", "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 ar- chitect" unless otherwise stated. Where the words "approved", "approval", "acceptable", "acceptance", or words of similar import are used, it shall be under- stood that the approval, acceptance, or similar import, of the architect is intended. F. Perform and Provide: The word "perform" shall be under' stood tfo mean that the contractor, at her/his expense, shall perform all operations, labor, tools and equip- ment, and further, including the furnishing and install- ing of materials that are indicated, specified, or re- quired, to complete such performance. The word "pro- vide" shall be understood to mean that the contractor, at her/his expense, shall furnish and install the work, Page 19 complete in place and ready for use, including fur- nishing of necessary labor, materials, tools, equip- ment and transportation. G* Language and Intent: The specification section is written in a modified brief style consistent with clarity. In general, the words "the", "shall", "will", and "all" are not used. Where such words as "perform", "install", "erect", "test", or words of similar im- port are used, it shall be understood that such words include the meaning of the phrase, "the contractor shall". The requirements indicated and specified apply to work of the same kind, class and type, even though the word "all" is not stated. 3. Codes and Standards A. Reference to codes, ordinances, regulations and standard specifications refer to editions in effect as to date of proposal. Abbreviations are used for agencies is- suing standard specifications as follows: Agency Abbreviation 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 Underwriters Laboratories, Inc. UL Department of Commerce Standards CS American Concrete Institute ACI B. 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 ma- terials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 4. 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 instruc- tions, including two copies to the City Engineer. 5. Internal Combustion Engines All internal combustJon engines used in the construction shall be equipped with mufflers in good repair when in use Page 20 on the project (with special attention to City Noise Con- trol Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48). 6. Occupancy City reserves the right to occupy buildings at any time before completion, and such occupancy shall not constitute final acceptance of any part of the work covered by this contract. 7. City Inspectors All work shall be under the observation of a City Construc- tion Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with 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. .8• 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 in- serted 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 by physically amended to make such insertion or correction. 9. Intent of Contract Documents The contractor, her/his subcontractors and materials sup- pliers, 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 essen- tial 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 re- lieve her/him of the responsibility of compliance. 10. Substitution of Materials The proposal of the bidder shall be in strict conformity with the drawing? and specifications and based upon the items indicated or specified. The contractor may offer a substitution for any material, apparatus, equipment or pro- cess indicated or specified by patent or proprietary names Page 21 or by names of manufacturer, which she/he considers equal in every respect to those indicated or specified. The of- fer made in writing shall include proof of che State Fire Marshal's approval (if required), all necessary informa- tion, 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 char- acteristics, and its durability, finish, or efficiency, by a 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 propos- als shall be made prior to beginning of construction, if possible; but in no case less than 10 days prior to actual installation. 11. Record Drawings Contractor shall provide and maintain at the project site one complete set of white background prints of all mechani- cal and electrical drawings which form a part of the con- tract. Immediately after the work is installed, contractor shall carefully draw on these prints all work which is in- stalled at variance with the work as indicated on the drawings and locate by measured dimensions to building corners or to other permanent monuments, the location and depth of all underground utility distribution. Upon com- pletion of the work, contractor shall deliver the set of correct prints to the City in good condition with every change in the work indicated thereon. 12. Permits The general construction, electrical and plumbing permits will be issed by the City of Carlsbad at no charge to the contractor. The contractor is responsible for all other required licenses and fees. 13. Allowed Construction Time The amount of time allowed for the completion of construc- tion of this work is 60 calendar days. No extension of " time will be allowed except on written approval of the City Construction Inspector. 14. Coordination The contractor for this project will coordinate accomplish- ment of this project with the City of Carlsbad, Lake Calavera Hills Assiciates and the County of San Diego. Page 22 15. 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 en- titled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confront- ed with unpredicted conditions, unforeseen events, or emer- gencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to en- tirely omit the performance thereof, and upon the decision of the City to so do, 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. 16. Project Start Time The total construction time will be 60 calendar days as originally specified. A lead time of 90 calendar days (or less, if requested) prior to beginning of construction will be allowed, subsequent to award of contract to allow for material and controller fabrication, testing and delivery. 17. Nonconforming Work The contractor shall remove and replace any work not con- forming to plans or specifications upon written order by the City Engineer. Any cost caused by reason of con- tractor's nonconforming work shall be borne by the con- tractor. 18. Guarantee All work shall be guaranteed for one year after completion, and any faulty ivork or materials discovered during the guar- antee period shall be repaired or replaced promptly. 19. Traffic Control Traffic shall be maintained in accordance with Section 7-10 of the SSPWC. 20. Water for Construction The contractor shall obtain a construction meter for water utilized during the construction under this contract. The contractor shall contact the appropriate water agency for requirements. Contractor shall include cost of water and Page 23 meter rental within appropriate items of proposal. No separate payment will be made. 21. Surveying Surveying service for this project shall be performed by the contractor. Requirements of the contractor pertain- ing 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 proposal. No separate pay- ment will be made. 22. Street Closures, Detours, Barricades The Contractor shall not close any street within the City of Carlsbad without first obtaining the approval of the City Engineer. Barricading, traffic control, and detour diagrams shall be submitted by the Contract- or as required by the City Engineer. The Contractor's attention is directed to the traffic control require- ments of the Special Provisions. The Contractor shall provide and install barricades, delineator warning devices, and construction signs in accordance with the Model Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions, additional traffic devices shall be placed as directed by the City Engineer. All traffic signs and devices shall conform to the current State of California, Department of Transportation, "Manual of Warning Signs, Lights, and Devices for Use in Per- formance of Work upon Highways", unless otherwise approved by the City Engineer. The Contractor shall provide and maintain 48 inch high reflectorized cones at 20 feet on center with ribbon along walkways of high pedestrian use, so designated by the Engineer. During paving operations barricades may be supple- mented with minimum size 18 inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than 25 feet. At all access points such as intersecting streets, alleys, and driveways, barricades and/or cones shall be provided at 5 foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided at the nearest prior intersection. "No Left Turn" signs shall be provided wherever required by the City Engineer. Page 24 When one-way access from a side street or alley is permitted, barricades and cones shall be provided at 5 foot intervals for a distance of 50 feet on either side of the centerline of the intersecting street or alley. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City Engineer will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the follow- ing provisions: a. For placing of barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. b. For flashers - $2.50 per flasher for the first day or any part thereof and $1.00 per flasher per day for each day thereafter or any part thereof. c. For traffic cones - $1.00 per cone for each day or any part thereof. d. In the event that the services of the City are required between the hours of 6:00 p.m. and 7:00 a.m., during the normal week or at any time on Saturday, Sunday, or a City holiday, there shall be an additional charge to the above set forth minimums of $25.00 for each service trip required. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve, and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the City Engineer. Any signs which are damaged or found to be missing during the course of construct- ion shall be replaced by the Contractor at his expense as directed by.the City Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs in- clude Stop Signs, Speed Limit, Parking Restrictions, and other regulatory signs. Page 25 23. Maintaining Traffic The Contractor shall maintain one lane of traffic in each direction during working hours of 8:30 a.m. to 3:30 p.m. and shall maintain full width of travel lanes of existing roadway during the hours of 3:30 p.m. and 8:30 a.m. On Saturday, Sunday, and designated legal holidays, and when construction operations are not actively in progress on working days, the Con- - tractor shall maintain all travel lanes of the road- way. Any deviations of these requirements shall be submitted to the Engineer for approval of the Traffic Operations Section. All costs related to the installation, maintenance and removal of traffic provisions and safeguards, shall be considered as included in the prices paid for the various contract items of work and no addit- ional payment will be made therefor. Page 26 SPECIAL PROVISIONS TRAFFIC SIGNALS & HIGHWAY LIGHTING DESCRIPTION.—Furnishing and installing and modifying traffic signals and highway lighting and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting", of the Standard Specifications and these special provisions. Traffic signal work is to be performed at the following locations: EL CAMINO REAL @ TAMARACK AVENUE EQUIPMENT LIST AND DRAWINGS.—Equipment list and drawings of electrical equipment and material shall conform to the pro- visions in Section 86-1.03, "Equipment List and Drawings", of the Standard Specifications and these special provisions. The controller cabinet schematic wiring diagram and inter- section sketch, to be mounted on the cabinet door, shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are de- livered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items: (a) Specifications (b) Design characteristics (c) General operation theory (d) Function of all controls (e) Trouble shooting procedure (diagnostic routine) (f) Block circuit diagram (g) Geographical layout of components (h) Schematic diagrams (i) List of replaceable component parts with stock numbers MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS.— Maintaining existing and temporary electrical systems shall conform to the provisions in Section 86-1.05, "Maintaining Existing and Temporary Electrical Systems", of the Standard Specifications and these special provisions, Page 27 Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:30 p.m. Existing traffic signal systems shall not be placed in pro- posed phasing operation until all (new) equipment is installed and pavement markings are complete. All signal indications, ped push buttons, detectors and con- trol equipment shall be maintained in operation except during shutdown hours as specified above. SCHEDULING OF WORK AND TIME FOR COMPLETION.--Scheduling of work shall conform to the provisions in Section 86-1.06, "Sched- uling of Work," of the Standard Specifications and these special provisions. The Contractor shall perform sub-surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment, and shall begin said work within 10 days of the date of execution of contract. Above ground work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All traffic signal work shall be completed within one hundred (100) working days. 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 pile foundations shall contain not less than 564 pounds of cement per cubic yard. STANDARDS, STEEL PEDESTALS AND POSTS.--Standards, steel ped- estals and posts shall conform to the provisions in San Diego Area Regional Plans'and these special provisions. Alternative arm connection details approved by the Engineer may be substituted for the connections shown on the plans. Page 28 . * i, L • i Fabricators electing Lo use larger than minimum arm diameters shall adjust the details as required to permit solid seating of the cap screws. All arms shall be bent to the approximate configuration shown on the plans. A smooth curving arm is required. The shaft of mast arm type poles shall be cambered to approx- imately compensate for dead load deflection. CONDUIT.—Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Non-metallic type conduit shall not be used. 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. Rigid metal conduit to be used as a drilling or jacking rod shall be fitted with suitable drill bits for size hole required. PULL BOXES.—Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Grout in bottom of pull boxes will not be required. A 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 #8 AWG,or larger, shall be spliced by the use of "C" shaped compression connectors as shown on the plans.t Splices shall be insulated by "Method B". 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 standard or pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Page 29 , ' ri ' • » SERVICE.—Service shall conform to the provisions in Section 86-2.11, "Service", of the Standard Specifications and these special provisions. If service equipment cabinet design deviates in any way from the details shown on the plans, details of such deviation shall be submitted to the Engineer for review before fabrication of the con- tract cabinets. If deemed necessary by the Engineer, one complete prototype cabinet shall be delivered to the Engineer for review at least 30 days before fabrication of the contract fixtures. The proto- type cabinet will be returned to the Contractor and, if permitted by the Engineer, the cabinet may be installed in the work. 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 caused by public traffic or from a power interruption shall not constitute discontinuity of the functional test. Testing of control equipment and cabinet wiring shall be accom- plished at a facility designated by the City of Carlsbad. All references to State testing facilities or laboratories shall be interpreted as the City designated testing facility. However, State testing procedures referred to shall remain in effect. All costs for testing of equipment shall be included in the lump sum bid price. SOLID-STATE TRAFFIC ACTUATED CONTROLLERS.—Solid-state traffic actuated controller units, cabinets, and auxiliary equipment shall conform to the provisions in Section 86-3, "Controllers", of the Standard Specifications and these special provisions. The convenience receptacle shall have ground-fault circuit interruption as defined by the Code. Circuit interruption shall occur on 6 milliamperes of ground-fault current and shall not occur on less than 4 milliamperes of ground-fault current. All control circuits available in the controller shall be brought out to terminal boards to facilitate utilizing additional functions, including interconnect operation, in the future. The Contractor shall arrange to have a signal technician, qual- ified to work on the controller and employed by the controller manu- facturer or his representative, present at the time the equipment is turned on. The Type P cabinet shall be wired to provide all coordination functions of the controller on a terminal facility for future install- ation of a multiphase digital coordinator. Page 30 , ' i', .* • » SIGNAL FACES AND SIGNAL HEADS.—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 Specifi- cations and these special provisions. All lamps for traffic signal units (including programmed visi- bility type) shall be furnished by the Contractor. PROGRAMMED VISIBILITY TRAFFIC SIGNAL HEADS.—Programmed visibil- ity traffic signal heads shall conform to the provisions in Section 86-4.04, "Programmed Visibility Vehicle Signal Faces", of the Standard Specifications and these special provisions. Lamps shall be furnished by the Contractor. PEDESTRIAN SIGNALS.—Pedestrian signals shall conform to the pro- visions in Section 86-4.05, "Pedestrian Signal Faces", of the Standard Specifications and these special provisions. Pedestrian signals shall be Type B or Type C. The following type of screen shall be provided on Type B or Type C signals: A 1^-inch deep eggcrate type screen either of 0.020-inch minimum thickness 5052-H32 aluminum alloy or of 0.030-inch nom- inal thickness polycarbonate. The assembly shall be mounted in a frame constructed of 0.040-inch minimum thickness aluminum alloy or polycarbonate. The vertical spacing of the horizontal members shall be %<- inch starting approximately Jj-inch above and ending approximately ^-inch below the "DC-NT" and "WALK" legends, respectively. Additional members may be employed outside the 2 legend areas for structural strength. The eggcrate type screen shall be installed parallel to the face of the "DONT WALK" message and shall be held in place by the use of stainless steel screws. The hood described in Section 86-4.05C, "Visors", of the Standard Specifications, shall be provided. The screen and frame shall be anodized flat black or may be fin- ished with flat black enamel as specified in Section 91-4.01, "Enamel; Traffic Signal Lusterless Black", of the Standard Specifications. Said enamel shall be applied in the shop at the Contractor's expense. Alternate methods may be substituted for the above screening pro- viding the results are equal to or superior to those obtained with the above specified screens, as determined by the Engineer. Page 31 ''"' » DETECTORS.—Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and these special provisions. Sensor units shall be Type B utilizing sequential scanning of channels. Loop detector lead-in cable shall be Type A or Type B. The number of sensor units and lead-in cables required to achieve the specified detection shall be installed. The Contractor shall test the detectors with a motor-driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. The detector shall provide an indication in res- ponse to this test. i LUMINAIRES.—Luminaires shall conform to the provisions in Section 86-6.01, "High-Intensity-Discharge Luminaires", of the Stan- dard Specifications and these special provisions. Glare shields are required. Luminaires shall have integral ballasts and Type IV photo- electric controls. INTERNALLY ILLUMINATED STREET NAME SIGNS.—Internally illumin- ated street name signs shall conform to the details shown on the plans and these special provisions. The general design of signs shall be as shown on the plans. Minor details of construction shown are typical and may be modified subject to approval by the Engineer. The sign fixture shall be designed and constructed to prevent deformation or failure when subjected to 70 mph wind loads as set forth in the 1975 AASHTO publication, "Standard Specifications for Structural Supports of Highway Signs, Luminaires and Traffic Signals". The sign panels shall not deform or warp-under a 70 mph wind loading. All material used in fabrication shall be new. If not covered herein, both the material and workmanship shall be of the best quality consistent with the intended purpose. All ferrous parts shall be galvanized or cadmium plated, unless otherwise specified herein or shown otherwise on the plans. Signs shall be Type A. Page 32 A. HOUSING.--The top and bottom shall be formed or extruded aluminum and shall be attached to formed or cast aluminum end fittings. The design shall provide continuous sealing between top and bottom assemblies and the end fit- tings. The housing shall be rigidly constructed to resist torsional twist and warp. Provisions shall be made for ease of maintenance of all components. The opening or removal of one panel shall permit access to the interior of the sign and allow for replacement of lamps, ballasts and fuses. On Type A signs, both sides shall be hinged at the top to permit installation or removal of the sign panels, and to permit access to the interior of the sign. B. REFLECTORS.—At the option of the Contractor, reflec- tors may be used to provide the required sign brightness. Reflectors, if used, shall be formed aluminum with acrylic baked white enamel surface having a minimum reflectance of 0.85. C. SIGN PANELS.—The sign panels shall be rigid mounted in a frame, with white legend, symbols, arrows, and border on each face, as shown on the plans. The background shall be green. The entire surface of the sign panel shall be evenly illuminated. The average of brightness readings for the letters shall be 150-foot lamberts minimum. The light trans- mission factor of the sign panel shall provide a letter to background brightness ratio of between 10 to 1 and 20 to 1. The luminance of the background shall not vary by more than 40 percent from the average of background brightness reading. The luminance of the letters, symbols and arrows shall'not vary by more than 20 percent from the average brightness reading of letters, symbols and arrows. The sign panels shall be translucent panels of high impact resistant plastic of one of the following types: 1. Glass fiber reinforced acrylated resin. 2\ Polycarbonate resin. 3. Cellulose acetate butyrate plastic. Paint on the outside of the plastic shall be protected by a plastic film which shall seal the front surface of the panel and filter out ultraviolet radiation. Paint shall be acrylic plastic type. All surfaces shall be free of blemishes in the plastic or coating that may impair the serviceability or detract from the general appearance and color matching of the sign. \ \Page 33 \ \The white or green c'olor shall not fade or darken when the sign is exposed to an accelerated test of ultraviolet light which is*"equivalent to 2 years of outdoor exposure. The green color of the sign, when not illuminated, shall conform to Federal Color Standard 595a, Color No. 14109. The sign panels shall not crack or shatter when a one- inch diameter steel ball (weighing 67 grams) is dropped from a height of 8.5 feet above the sign panel to any point of the sign panel. The panels shall be lying in a horizontal position and supported within their frame for this test. D. GASKETS.--On Type A signs, gaskets shall be installed between the sign panel frame and the fixture housing to pre- vent the entrance of water between the frame and the fixture housing. Gaskets shall be uniform and even textured and shall be the closed cell, sponge neoprene type, designed for use at temperatures between -20° C. and + 70° C. Gaskets shall be neatly applied to thoroughly degreased, clean surfaces with a suitable heat-resistant adhesive which will not allow the gaskets to slip at temperatures between -20° C. and +70° C. E. BALLASTS.—Ballasts shall be of the high power factor type and shall be capable of starting the lamps at -20° C. and above. Ballasts for Type A signs shall be rated at 200 milli- amperes. Ballasts shall be listed by UL or Electrical Testing Laboratories, Inc., for operation on 110-125 volt, 60 Hz., circuits, and shall conform to the requirements of ANSI Standard: C82.1 and ANSI Standard: C82.2. A separate ballast shall be provided for each lamp. F. LAMPHOLDERS.—Landholders shall be listed by UL for outdoor use, shall be provided with silver coated contacts and waterproofed entrance leads for use with a rapid-start fluorescent lamp. Removal of the lamp from the socket shall de-energizja the primary of the ballast. Each lampholder shall be provided with a heat-resistant, circular cross section, partially recessed neoprene ring to seal against the lamp ends and protect electrical contacts from moisture and dirt or other injurious elements. One lampholder for each lamp shall be of the spring- loaded type. The distance between the face of the landholders for each lamp shall provide a compression of at least 0.10- inch on the spring-type lampholder when the lamp is in place. The lamp shall have positive mechanical and electrical con- tact when the lamp is in place. The socket on the spring- type lampholder shall have sufficient travel to permit Page 34 < installation of the lamp. Landholders shall match lamp requirements and shall not increase cathode filament cir- cuit resistance by more than 0.10-ohm. G. LAMPS.—Each sign shall be provided with two 72T12 cool white fluorescent lamps which meet the requirements of ANSI Standard: C78. H. TERMINAL BLOCKS.—All wiring connections in the fixture shall be terminated on molded, phenolic, barrier type, terminal blocks rated at 15 amperes, 1000 volts, and shall have integral type, white, waterproof marking strips. All current carrying parts of the terminal block shall be insulated from the fixture with integral plugs or strips to provide an insulating value in excess of the line-to- ground flashover voltage. If the Contractor elects to use sectionalized terminal blocks, each section shall be pro- vided with an integral barrier on each side and shall be capable of rigid mounting and alignment. Terminal screws shall be size 10-32, minimum. I. FUSES.—Fuses shall be Type 3AC, miniature, slow blowing type with appropriate current and voltage ratings. i Fuseholder shall be a panel-mounting type with threaded or bayonet type knob which grips the fuse tightly for ex- traction. A separate fuse shall be provided for each ballast. J. WEEP HOLES.—Screened weep holes shall be provided at strategic locations in all members subject to the col- lection of moisture. Weep holes shall be shielded to prevent light leakage from the fixture. K. FASTENERS.—All fasteners, screws, hardware, etc., shall be of passive stainless steel (Type 302 or 304)'or aluminum Type 6060-T6. L. MOUNTING ASSEMBLIES.--The top of the fixture housing shall have 2 free-swinging mounting brackets. Each of the brackets shall be adjustable vertically for leveling the sign to either a straight or curved mast arm. The bracket assembly shall permit the fixture to swing perpendicular to the sign panel. Hinge pins for the free-swinging brackets shall have a minimum diameter of 0.25-inch. The brackets shall be provided with bronze bearings having a minimum length of 1.5 inches. At least 16 feet clearance shall be provided between the bottom of the fixture and the roadway. M. MESSAGE.--The message, as shown on the plans, shall be displayed on both sign panels. Page 35 I •'• t If not shown on the plans, the size of letters, symbols, or arrows will be furnished by the Engineer at the request of the Contractor. N. WEIGHT.—The total weight of the complete sign assem- bly, including lamps, ballasts, mounting brackets and appur- tenances shall not exceed 65 pounds. 0. CONDUCTORS.—All fixture conductors shall be UL listed appliance wiring material (AWM) stranded copper wire with 28 mils, minimum, thermoplastic insulation, rated at 1000 volts and 90° C. Conductors shall be No. 16, minimum, and shall match the color coding of the ballast leads. All conductors within the fixture shall be secured with easily removable spring cross straps (not clamped) in the chassis or fixture. Straps shall be installed not more than 12 inches apart. Stranded copper conductors connected to screw type ter- minals shall terminate in approved crimp type ring connectors. Splices will not be permitted within the fixture unless approved in writing by the Engineer. P. EQUIPMENT LIST AND DRAWINGS.--Within 15 days following award of contract, the Contractor shall submit to the Engineer for approval, 3 sets of shop drawings and a list of equipment and materials he proposes to install prior to performing any work on the signs. The list shall include the name of the manufacturer of all materials and sufficient detail to iden- tify the materials. If requested, the Contractor shall supply, without cost, sufficient samples of materials to be used in the fabrication of the sign, or a complete sign assembly, to permit adequate testing and evaluation of conformance'to the specified requirements. The City will not be liable for any materials purchased, labor performed, or delay to the work prior to such approval. Q. PHOTOCELLS.—Electrical switching shall be by indi- vidual photocell control. Photocells shall be mounted mid- point along the median line of the top of sign housings, and shall be plug-in type. PHOTOELECTRIC CONTROLS.—Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls," of the Standard Specifications and these special provisions. Photoelectric controls shall be Type IV. Page 36 BALLASTS. — Ballasts shall conform to the provisions in Section 86-6.10, "Ballasts", of the Standard Specifications and these special provisions. Integral ballasts shall be provided. CONCRETE CURBS, SIDEWALKS, AND SIDEWALK ACCESS RAMPS .—Construct- ion of concrete curbs, sidewalks, and sidewalk access ramps shall conform to Section 73, "Concrete Curbs and Sidewalks", of the Standard Specifications and these special provisions. Materials removed and/or excavated become the property of the Contractor and shall be disposed of outside the public right- of-way. The Portland cement concrete for curbs, gutters, sidewalks and similar improvements shall be Class B. PAYMENT. — Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifi- cations and these special provisions. The contract lump sum price or prices paid for signals and lighting shall include highway lighting at intersections in connection with signals only. Payment of materials, labor, etc. for work shown on the plans relating to concrete curbs, sidewalks, and sidewalk access ramps, including concrete removal and excavation, shall be included in the "Lump Sum1' bid. Page 37 GUARANTY In accordance with the terms of the Contract for the traffic signal and highway lighting installation in the City of Carlsbad at the intersection of: EL CAMINO REAL AND TAMARACK AVENUE approved (date) between and the undersigned, which contract provides for the installation of electrical systems (traffic signal and highway lighting system, etc.), or parts thereof, and under which contract the undersigned has installed such systems, the following guaranty of said system is hereby made. Should any of the equipment installed pursuant to said con- tract, except lighting elements and existing equipment, prove defective or should the systems as a whole prove defective, due to faulty workmanship, material furnished or methods of instal- lation, or should the said systems or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one year after date on which systems stated in said con- tract are accepted by the City, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the rer- ceipt of demand from the City. In the event repairs are not made within thirty (30) days, the City shall have the unquali- fied option to make any needed repairs or replacements itself or by any other Contractor, The undersigned agrees to reimburse the City, upon demand, of its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City so that they will operate successfully as originally contemplated. Emergency repairs must necessarily be made by the City; therefore, when defective material or workmanship results in emer- gency repairs, the undersigned agrees to reimburse the City, upon demand, expenses incurred. Emergency repairs will be deemed as those repairs necessary due to malfunction of equipment that inter- rupt the normal flow of traffic through the intersection as deter- mined by the City Engineer, City of Carlsbad. Said systems will be deemed defective within the meaning of this guaranty in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor ELECTROLIERS SOFFfT AMD WftU- MOUNTED LUMNAKES «-Q MiMM.aoM«) 4h-O ««*. •" ••" Ftaft.t90Mn O— wants «-**»• «««»|IHI> l ' AB6HEV1AT10NS AND EQUPIiCNT DESIGNATIONS PHO»QS£D £«ISTIMv »C-> Al »C- A U£M: i«i.C KC l^.r STANDARD MOTES ne Man @ 5) © E MOID tocific Cam>nrP.l.E.«- !!. MMB IMCKK un' PwtfAfttnan Push fcmor. bnu 10 MulMM 1ii»«li)cii» &»*vic« Painl E ScMMMtotK B gr) !!•«•«•»«•«.•«• F«M»I«I ECXMPMENT OENTIFICATlOh 1 l<«H»«»l->l«»«»»a bZMM T . I (KM) MKOMm ' I •KTiwdnMnlJ 02MS- »r MM A k V tin nil « S Do MM - P«B» •••••••• • »»l mto •SinttCMMlni E E [V Fund »^« Himmn - tli »p»linllli O (I Q/ MMim»M«M<.S«l« SIATC OF ii$ AwmunpumwxT or tiu* STOUT*-no. TRAFFIC SIGNAL AND HIGHWAYLIGHTING DETAILS SYMBOLS AND ABBREVIATIONS IES-IA BEST ORIGINAL TJ POQ 0) O-J OO CONDUIT PROPOSED EXISTING Mcalod or Nond — C — e Carnmvncdflon Conduit — S — t Spnnklar Control Conduit. — f — 1 Fin Alarm Conduit 3 — 3 Conduit Tkrmmolion (Otlail C.ES-7Bin Struct*™) jR~] 'L' ] Condut RiMr m Structure SERVICE EQUIPMENT PROPOSED EXISTING -*- -Tr-u wood Port "u" IndicatnUlility O*ntt C '' Po4« Guy- With Anchor Pod Mount tor Ground- X O Mounted utility Troratormar r~ :m r>» S.TVIC. Cabinol Ooor Swmo ^^ ^'^ at Shawn. SIGN LIGHTING EQUIPMENT PROPOSED EXISTING • •• • runn n ~ -— ! PI ! lHumnatod Sign, two Port o I n IlknnnaMd Sgn-MounMd u On Structure. & R lliuminat«d Sign with Road- JQL W «oy Lufnnam Anach*d (^) ; Ti mcanOKscanl S*«n Light . SIGNAL EQUIPMENT PROPOSED EXISTING PROPOSED a LTJ— lly— Paiteino. Slonol. , ^. Q© 10) PodOBtrianPuMi Button Pool. ~- 2-N02 1 I I 1 PadMlnan Bamcaao. .3-No 3l^ •« <3 TraltlcSlanalFapi,3-SKtian: ^J-<9 _-_Xl TrarricSiDnalraoiWMiAngkiVliar. . B-MBCPor ^ <V — Modihcaliam at Baoic Symbol: "V -L-hd«llo.AIINan-Arro. 9-Na9 SKtun Only "PV" Maun 12- Inch -PA-httfeat-sa-lrich PROPOS£0 Pniqnvnn.«d VitibiKty Adaptor ,. , ~- <*~ T^^^It.^.* J~1 -.j ot— TralncSqnalFocawn1>t2-lnch ^^ L<ttGmnArro>andB-lnchRM | — 1and ratio. Soctianr LJ •«1) <Jj-- TrathcSianolfacawMh IZ-r«*u» a » •*t— <H-- Traffic Signal Fdc.lS-SMior.lw* * * e-hch1Mk» and Croon RlaMAnoM and B*bicM Rodtyollowon4GnonSocMm. >L ^^ Typo i Standard and AIMchtd ^•*->> O-* Sianalo. f P .C '* SKnoord WUhSlonol Moot AmOn* I / A > ond Allacnod Slanah.AII Moat Armf [> Si«naiSocMomar«e-incn. SERVI i~?~IT. ^Tf-»l. Loft- Turn Signal MStfi Standard, *T *T *^? *» j"' f««n» XX _( *N fPV VPV^V 1""M- yffl .-O— 9 rO-V Standard WWiLMMnaM an* SlonolIt of l"f ri Moot Arm and AIMchod Slanali ' " V ** AllMaiAniiSlgnatSocnaniaro B-»c«. POLE-M ^l j{» & & TrM9Fromo.unlao>Olhorana SpacWod or Mfcatod. n, ^ R Ai_ »^a**>g 6*acon On-Woy t-Sarton *9 V~^ with a-ra\ Low and vtoar "R"maeaM R«d Loni, *T*lndic<no> £^2 ^7J Canmlor CaoMol DoarSaniatShaM. PULL BOXES i t i • , '- Crj PullBoi-NO.9 Union Omor««o rttcoKa or NoOid ^S^CS^^M, (C)-Comrr«mcoflon.Pu«Ba. (E) • Pun So. «Hi EXonoon. (IS) • Anchor Bam and Conduit tar Futun liiolgllalianof Typo 15 Stonoant kigPullBa.) (Sl-Sprintuar Control Pull Bo. (21) -Anchor Bolt* ond Conourl tor Fuhn knlalWIIonWont Sorm Pull Be.) at TDM 21 Slondard. (T) -Pull Bo. «th Traffic COMT VEHICLE DETECTORS EXISTING '^B?< VcMcta Dolactar tor Traffic SancU- mduclio. Loop.^4j» Doloctor,IJr*«Omor«Mca»donPn).ItPta«. *- T Mt/lTt™""* "fir ^^*,*- T.^ik^FTMrH HH^"I (canon r"l MuctiM LOOP OoMcMr.Oullint ond Lacanon•— ' of SoKuti Sham o—o— Muun.lmn.nr Dottctan <~~3 UatHlkOoNrctar. 1 'o OtotctionalTyPt. 1_ T«m»M»on Pull Boi-Mo.5 tor Ootoctor6 CaMoo. :E CABINET DESIGNATION ->— — Wuint aooran NuMMr PUNTED SERVICE OESlGNAnON 4x-ji»— PoloHalgMrramGrado, STATE OF CALIFORNIA BUSINESS AND TRANSPORIAIUH AGINCT DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL AND HIGHWAY LIGHTING DETAILS SYMBOLS AhC ABBREVIATIONS ES-IB men OD OQ Ul 10 GUARANTY In accordance with the terms of the Contract for the traffic signal and highway lighting installation in the City of Carlsbad at the intersection of: EL CAMINO REAL AND TAMARACK AVENUE approved (date) ^__ between and the undersigned, which contract provides for the installation of electrical systems (traffic signal and highway lighting system, etc.), or parts thereof, and under which contract the undersigned has installed such systems, the following guaranty of said system is hereby made. Should any of the equipment installed pursuant to said con- tract, except lighting elements and existing equipment, prove defective or should the systems as a whole prove defective, due to faulty workmanship, material furnished or methods of instal- lation, or should the said systems or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one year after date on which systems stated in said con- tract are accepted by the City, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the re^. ceipt of demand from the City. In the event repairs are not made within thirty (30) days, the City shall have the unquali- fied option to make any needed repairs or replacements itself or by any other Contractor, The undersigned agrees to reimburse the City, upon demand, of its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City so that they will operate successfully as originally contemplated. Emergency repairs must necessarily be made by the City; therefore, when defective material or workmanship results in emer- gency repairs, the undersigned agrees to reimburse the City, upon demand, expenses incurred. Emergency repairs will be deemed as those repairs necessary due to malfunction of equipment that inter- rupt the normal flow of traffic through the intersection as deter- mined by the City Engineer, City of Carlsbad. Said systems will be deemed defective within the meaning of this guaranty in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor