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HomeMy WebLinkAboutMcCain Construction Company Inc; 1981-08-24; 1107CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR GENERAL STREET LIGHT CONVERSIONS CONTRACT NO, 1107 JUNE, 1981 TABLE OF CONTENTS PAGE -ITEM 1 NOTICE INVITING BIDS 3 PROPOSAL 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION QF SUBCONTRACTORS 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 11 . FAIR EMPLOYMENT PRACTICES ADDENDUM 12 CONTRACT 15 LABOR AND MATERIAL BOND 17 PERFORMANCE BOND 19 GUARANTEE FORM 20 GENERAL PROVISIONS • • 26 SPECIAL PROVISIONS rage i 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 p.m. on the 16th day of July , 1981 , at which time they will "be opened and read for perTbrming the work as follows: GENERAL STREET LIGHT CONVERSIONS CONTRACT NO. 1107 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 (10%) of the amount of bid; said guaranty to be for- feited should the bidder to whom the contract is awarded 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. . The documents included within the sealed bids 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 b.e 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 notarized signature of 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 -p.3 a basis for the comparison of bids. No bid will be accepted from a contractor who has not been licorj.s':.d in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business'and Professions Code. 'The contractor shall state fris/her license number and classification in the pro- posal. The estimated cost of the work is $ 284,700. 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 J8 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 Offic.e 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 work or labor of any kind done thereon. Partial and final payments on this contract shall be in ac- cordance with Section 9 of the 1979 edition of "Standard Specifi- cations for Public Works Construction." Approved by the City Council of the City of Carlsbad, Cali- fornia, by Resolution No. • 6568 adopted on the 16th jay of June ' 19JJL_ BAT B/ / Page 3 CITY OF CARLSBAD ' CONTRACT NO. 1107 *• 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. 1107 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 Mo. Lunro Sum "Written in .Words Approximate. Unit Quantity S Unit Price TOTAL Convert 1365 existing 175 watt mercury vapor type luminaires to 70 watt high pressure sodium lamp opera- tion at / 1365 EACH C ent s Convert 342 existing 400 watt mercury vapor type luminaires to 200 watt high pressure sodi um lamp- operation at 342 EACH Page 3A Item Article with Unit Price or No. I.uwn Sum Written in lords' Approximate Unit Onantity 5 Unit Price TOTAL Convert 35 existing 250 watt mercury vapor typ^e luminaires watt high pressure sodi- lamp operation at per each A 35 EACH TOTAL (IN FIGURES!^ //ff .-£££ TOTAL (WRITTEN IN WORDS ) ADDENDUM(A) NO(S).HAS/HAVE BEEN RECEIVED AND IS/ARE INCLUDED IN THIS PROPOSAL. A DETAILED 'LIST OF LOCATIONS OF STREET LIGHTS TO-BE CONVERTED IS AVAILABLE FOR REVIEW AT THE CITY OF CARLSBAD ENGINEERING DEPARTMENT. Page 4 All bids are 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 the 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 of contractors, Li- cense No. 2 7.773(i-> Identification /), '&. C'/O The undersigned bidder hereby represents as follows: (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 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 (ca'sn, 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 •again*c 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. 9^2-0821 ' • .Phone Number ' Jiily 16", 198-1 Date Bidder's Address Page 5 ORIGINAL McCAIN CONSTRUCTION CO; INC. Bidder ' s Name McCAIN CONSTRUCTION CO. INC. ' -2220 Endnikts Blvd. ' ; v - "- Encinitas, California 92024 CORPORATION Type of Organization •(Individual, Corporationr Co- Partnership). • • List be3.ov; names of President, Secretary, Treasurer and Manager- if a corporation, and nzunes of all co-partners if a co-partnership: JACK A. MCCAIN - PRESIDENT . ' ' •' ""• ' , • • ..... EVANGELINE S. MCCAIN - SECRETARY. TREASURER. NOTARIZE AND CORPORATE SEAL STATE OF CALIFORNIA, Los PATRICIA HARAN. NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 19, 1982 „ 19Jl_ before me, the undersigned, a Notary Public in and for said State, personally appeared . Jack A. Mc_Jlala_arKL-Evat>ge1 ine S, Me Cgin __, known to me to be the President and the Secretary Oftha Me Cain Construction Co., Inc. the Corporation that executed the within Instrument, known to me to 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. Notary Public in and for said State. ' ACKNOWLEDGMENT-Corporation-Wolcotts Form 222—Rev. 3-64 TATE OF CALIFORNIA, nniiNTYfiF Los Angeles PATRICIA HARAN NOTARY PUBLIC STATE OF CAUrORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 19, 1982 ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev. 3-64 STATE OF California COUNTY OF Los Angeles On this.16th and_Eighty-one ss. 16 i9_ai, before me, the undersigned, a Notary Public in and for said State, personally appeared Evanqeline S. Me Cain known to me to be the Secretary Me Cain Construction Co.. Inc.of the the Corporation that executed the within Instrument, known to me to 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. Notary Public in and for said State. ss: -day July J.( the year one thousand nine hundred _, before me_Patricia Haran -, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared-S, M. Greger known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. I WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tifica <!*•••»••! HARAN NOTA.ly PUBLIC STAIE OF CAMfOP.NIA P.llKCirAL OFFICE IN tOS ANGELES COUNTY My Commission Expires April 19, 1982 Notary Public in and for said County and State Page 6 1 BIDDER'S BOND TO ACCOMPANY PROPOSAL ORIGINAL KNOW ALL PERSONS BY THESE PRESENTS: That we, MCCAIN CONSTRUCTION CO., INC. as Principal, and TRANSAHERICA INSURANCE COMPANY , as Surety, are held*"'-~- ~ — -•---""-- ' ^ and firmly bound unto the City o£ Carlsbad, California, in the sum 0£ TEN PERCENT (10%) OF THE AMOUNT BID |N. ************.****'********** ($ ****** iO%A********) t lawful money of the United States for the pay- ment 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: GENERAL STREET LIGHT CONVERSIONS CONTRACT NO. 1107 . in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal-shall duly enter into and execute a contract including required'bonds and insurance •policies within twenty (20) days from the date of award of con- tract by the City Council of the City of Carlsbad, being duly notified cf 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 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 l6th day of July Corporate Seal (if corporation)_ .TRANSAHERX&A INSURANCE COMPANY*. • '• '.ii • "• '— 'j* i. • H Iff ' •— — •-'f-V '•'• ' "'* '" ~-•""••"•—- •' —-iSurety, vangeline S. McCain, Secretai Ti tlo St M' GREGER11110 „• : notarial acknowledgement of cxe- ATTORNEY-IN-FACT . cution by all PRINCIPALS and ' -" »™-'lodgement. 01 SURETY must be attached Attach Power of Attorney - r Insurance Services Transamerica Insurance Company A STOCK COMPANY HOME OFFICE: LOS ANGELES, CALIFORNIA N POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, constitute and appoint x.L. O'LOUGHLIN OR W.C. VAN ROOY OR S.M. GREGER, ALL OF GLENDALE, CALIFORNIA* ***************************** ******************************************its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Any and an bonds and undertakings for or on behalf of this company in its business and in accordance with its Charter* ************************** ***************************************** and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties/re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the oripinal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and efiect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 18 day of AUGUST ,19 80 • By J. W. FLESHMAN, Vice President SSState of California ) County of Los Angeles ) On this ]Q day of AUGUST ' ^80- Defore me personally came J.W. Fleshman to me known, who, being by me duly sworn, aid depose and say: that he resides in the City of Sierra Madre, State rtf California; that he is a Vice-President of Transamerica Insurance Company, the corporation described in arid which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed tr the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. OFFICIAL S£AL ELIZABETH AHERNE NOTARY PUBLIC CALIFORNIA fRINCtPAi OfflCt IN IjOS ANGELES COUNTY My Commission Exp. Mar. 30.19B4 ]Notary Public •71QR (Overt I, J. H. Tanner, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the Power of Attorney herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this -i R day of 19 AUGUST 80 J. H.TANNER, Assistant Vice President 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 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 •_ wi th 7i-n Code Phone Ho. 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 page can be attached if required. Full •. Type of -State Carlsbad Amount Company • Contracting • Business * of Name License & No. License No.* Bid ($ or %) A/Non *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. • _ • • McCAIN CONSTRUCTION CO.,INC. 2220 Encinitas Blvd. Encinitas, California 92024 Bidder's Company Name (NOTARIZE OR CORPORATE* '•'•-' SEAL)Bidder's Complete/Add ized Signature Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. (NOTARIZE OR CORPORATE SEAL) Exhibit A McCAIN CONSTRUCTION CO., INC. BALANCE SHEET MARCH 31, 1951 Current Assets Cash Accounts Receivable Inventory (Note 2) Total Current Assets Fixed Assets Vehicles Machinery and Equipment Furniture and Fixtures Accumulated Depreciation Net Fixed Assets Other Assets Loan Receivable - Officer Security Deposit Total Other Assets Total Assets $ 34,626 151,299 65,524 138,528 101,184 5,953 (164,816) 250 50 $ 251,449 80,849 300 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities Accounts Payable $ 33,149 Accrued Income Tax (Note 3) 1,037 Total Current Liabilities Stockholders' Equity Capital Stock 20,000 Retained Earnings 278,412 Total Stockholders' Equity Total Liabilities and Stockholders' Equity $ 34,186 298,412 $ 332.598 BANK REFERENCE; Security Pacific National Bank Encinitas Village 113 N, El Camino Real Encinitas, California (71*0 9^2-1469 DUN & BRADSTKEET, INC. Financial Rating #00-880-2381 INSURANCE & BONDING AGENT: (GREAT AMERICAN INSURANCE CO.) Russell, Gleason & Van Rooy, Inc. Tom O'Loughlin V51 North Brand Boulevard Glendale, California 91203 (213) 2^-5- Page 10 - BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder i>s 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 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. . • ' <•) £/Vy of San Di 0 4 San big V. T" / Tp v> rfrt C,alirorma 1 3-IO3.t ** iJ . M/7/s h i*ti '^k- 5&*o \C.;±y't>f Carlsbad 1260 E'/tn /\venv^ ' Carlsb Larry 7/77 •'Sari'D i ^^ y . ^\a.a , Can rorni # 13.00% • C. Doss-e./ (it*) t-3?-- 5(*?Ll-/ . . of Y^<3 lifornia. O/9£>or"fu/i I "f \/ Rnacli r i ieao \ California ^3\\\ O ' ff (NOTARIZE OR CORPORATE SEAL) Page 11 FAIR EMPLOYMENT PRACTICES ADDENDUM State monies are being used to construct this project. The State requires that any contract constructed with State funds be conducted in accordance with the "Fair Employment Practices". Therefore, the contract- or, by execution of this contract, affirms that he/she will perform under this contract in accordance with the following "Fair Employment Practices Addendum". "1. In the performance of this contract, the Contractor will not dis- criminate against any employee or applicant for employment because of race, color, religion, ancestry, sex*, age", national origin, or physical handi- cap". The Contractor will take affirmative action to insure that applicants' are employed, and that employees are treated during employment, without re- gard to their race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. "2. The Contractor will permit access to his/her records of employ- ment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California. designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Em- ployment Practices section of this contract. "3. remedies for Willful Violation: "(a) The State may determine a willful violation of the Fair Employ- ment Practices provision to have occurred upon receipt of a final judg- ment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employ- ment Practices Commission that it has investigated and determined that' the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1^26, which has become final, or obtained an injunction under Labor Code Section 1^29. "(b) For willful violation of this Fair Employment Practices provi- sion, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State." *See Labor Code Sections 1^11-1^32.5 for further details. , Page 12 CONTRACT J.A THIS AGREEMENT, made and entered into this,,? y' day of A UlCUyT > 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: GENERAL STREET LIGHT CONVERSIONS CONTRACT NO. 1107 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. 2. 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 oil 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 docs 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 13 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 propesal, 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 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. 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.1 compcnsa- 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 oHT or relating to this contract or the breach thereof Page 14 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.) APPROVED AS TO FORM McCain Construction Co. ,_ Inc. Contractor (seal) s-teSr^fa Title Cm OF CARLSBAD, CALIFORNIA By 'Mayor ATTEST: City STATE OF CALIFORNIA, COUNTY OF_ PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 19, 1982 ss. ON_August 12 .19LJLU before me, the undersigned, a Notary Public in and for said State, personally appeared Jack A. He Cain and Evany Una S. He Cain . , known to me to be the President and th» Secretary of the Me Cain Construction Co.! Inc.the Corporation that executed the within Instrument, known to me to 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. Notary Public in and for said State. ACKNOWLEDGMENT-Corporation-Wolcotts Form 222—Rev. 3-64 • Page 1 LABOR AND MATERIAL BOND BOND NO.-^H^r^ /""£ f. KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 662 7 adopted August 4, 1981 has awarded to McCain Construction Co., Inc. _ , hereinafter designated as the "Principal", a contract for: GENERAL STREET LIGHT CONVERSIONS CONTRACT NO. 1107 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 thereon of any kind, the Siirety 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 _ _ Transamerica Insurance Company _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty Eight Thousand Six Hundred Ninety Two £ 98/100- -Dollars ($58,692.98 ) . said sum being fifty percent (501) of the estimated amount payable by the City of Carlsbad under the terms of t?ie 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 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies andK:orporations entitled to file claims under Section PagelG 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 fr2 day of AUQ , 19 1981 . (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) WcCAIN CONSTRUCTION CO., INC. ./ Contractor (seal) (seal) TRANSAMERIdA IN Tl 0'IBUHIHI, «TOnEWl58fy Attach acknowledgement of Attorney in.Fact. Attach Power of Attorney. STATE OF CALIFORNIA, COUNTY OF Los Angel es PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 19, 1982 J ON. ss. August 12 I9_ai_, before me, the undersigned, a Notary Public in and for said State, personally appeared Fvangallnc S. Me Cain known to me to be the of the_ Secretary, Mr rorxtlTugtlnn Co.. inc. the Corporation that executed the within Instrument, known to me to 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. Notary Public in and for said State. ss: _day of_ August j>( ^e yeai one thousand nine hundred Patricia Haran_, before me_,a STATE OF California COUNTY OF Los Angeles On this 12th and Eighty-one Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- T. L. O'Loughlinpeared ! known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. WITNES_S__WHEIJg,QJfA, J.}iay.e hereunto set my hand and affixed my official seal the day and year in this cer- f NOTARY PUBLIC STAFE OF CALIFORNIA PRINCIPAL OiTflCE IN LOS ANGELES COUNTY 43 My Commission Expires April 19, 1982 Notary Public in and for said County and State Transamenca Illlll Insurance Services Transamerica Insurance Company A STOCK COMPANY HOME OFFICE: LOS ANGELES, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, constitute and appoint T.L. O'LOUGHLIN OR W.C. VAN ROOY OR S.M. GREGER, ALL OF GLENDALE, CALIFORNIA* ***************************** wt ft wt W wt W W W W « « wt W wf 9f <K W W W W W W ™ ™ w w w n w w w www w w w w w w w « its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: fay and all bonds and undertakings for or on behalf of this company in its business and in accordance with its Charter* ************************** AAAA£4kAAA&ft&Kx:w>ftw>w:ftftA&AAA&w:A£A&4tA4t&Aft4lF4ltA4t and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: .D-HM cARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties,'re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance 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." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 18 day of AUGUST ,19 80 . By J. W. FLESHMAN, Vice President SSState of California ) County of Los Angeles ) On this jo day of AUGUST ' ^go before me personally came J.W. Fleshman to me known, who, being by me duly sworn, aidaepose and say: that he resides in the City of Sierra Madre, State of California; that he is a Vice-President of Transamerica Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. CNM ioooo OFFICIAL SEAL ELIZABETH AHERNE NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN 10S ANGELES COUNTY My Commission Exp. Mar. 30.1984 ] iOCaOPBOOBOQU Notary Public 1719B (Over)(5-80) I, J. H. Tanner, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the Power of Attorney herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this i R day of 19 80 AUGUST J. H.TANNER, Assistant Vice President Page 17 PERFORMANCE BOND BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6627 adopted August 4, 1981 , has awarded to McCain Construction Co. , Inc. ' ___, hereinafter designated as the "Principal", a. contract for: GENERAL STREET LIGHT CONVERSION CONTRACT NO. 1107 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 Transamerica Insurance Company L: as Surety, are held and firmly bound unto the City of Carlsbad, in the sum' of One Hundred Seventeen Thousand Three Hundred Eight Five $ 96/100---Dollars ($117,385.96 ),' said sum being equal to 100 percent (100%) of the estimated amount of the con-tract, 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 air .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 13 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 12 day of WJG , 191981 . .(Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) MdSAIN CONSTRUCTION CO.. INC. (seal) SM6+. Contract: or »r I / XfcAMSAMERICA INSURANCE COMPANY tt $ (seal) , , , Attach acknowledgement of Attorney in Fact. At't°.ch Power of Attorney. STATE OF CALIFORNIA, COUNTY (IF LP« A»q>l«« PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PRINCIPAL Off ICE IN LOS ANGELES COUNTY My Commission Expires April 19, 1982 !•*•••*•««** "ON *Hil»t 11 19_aj_( before me, the undersigned, a Notary Public in and for said State, personally appeared Evangalttn S. Me Cain known to me to be the Cain Construct ton Co.r Inc.of the the Corporation that executed the within Instrument, known to me to 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. Notary Public in and for said State. ACKNOWLEDGMENT-Corporation—Wolcotts Form 222-Rev. 3-64 STATE OF California COUNTY OF On this Uth and _day oL August _, before me_PatrlcU Haran .L> the year one thousand nine hundred Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- T. L. O'LougMIn peared _ . _ known to me to be the duly authorized Attorney-in-Fact of the IRAN SAM ERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first.ab^y.e..wjj]tten...... ---------- . ------- ~« | 143 PATRICIA HARAN NOTARY PUBLIC STATE OF CALIFORNIA PR,NC1PAL Off ICE IN LOS ANGELES COUNTY My Commission Expires April 19, 1982 Notary Public in and for laid County and State Transamenca Illlll Insurance Services Transamerica Insurance Company A STOCK COMPANY HOME OFFICE: LOS ANGELES, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, constitute and appoint x.L. O'LOUGHLIN OR W.C. VAN ROOY OR S.M. GREGER, ALL OF GLENDALE, CALIFORNIA* ***************************** its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: ^ny and all bonds and undertakings for or on behalf of this company in its business and in accordance with its Charter* ************************ and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTIPLF u SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance 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." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 18 day of AUGUST ,19 80 . By J. W. FLESHMAN, Vice President State of California County of Los Angeles ss On this jo day of AUGUST , 19g0, before me personally came J.W. Fleshman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State of California; that he is a Vice-President of Transamerica Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. OFFICIAL SEAL ELIZABETH AHERNE NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN iOS ANGELES COUNTY My Commission Exp. Mar. 30. 1954 ] >BOOOOOBCaOOOOOBDOPl 1719B (Over) I, J. H. Tanner, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the Power of Attorney herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this day of 19 80 AUGUST J. H.TANNER, Assistant Vice President Page 19 GUARANTEE In accordance with the terms of Contract No. 1107 between the City of Carlsbad and the undersigned, which Contract provides for converting City- . owned street lights to high pressure sodium vapor operation along various streets in the City of Carlsbad, and under which Contract the undersigned has installed high pressure sodium luminaires, fuses, fuseholders, the fol- lowing guarantee of the said systems is hereby made. Should any of the luminaires, lamps, fuses or fuseholders installed prove defective due to faulty workership, material furnished, or methods of installation, 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 of the date on which the work performed pursuant to this Contract is finally accepted, the undersigned agrees to replace any such material and/or to re- pair said materials completely without cost to the City so they will operate successfully as originally contemplated, such repaires or replacements to be made on demand by the City of Carlsbad. Such repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after demand by the City of Carlsbad. Said systems will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturer thereof and in accordance with the specifications included in said contract. Due to the public necessity that prompt repairs be made to the systems in case of system failure or defect, the City Engineer may make system repairs when deemed necessary by the City Engineer; such repair action by the City Engineer shall not void or modify in any way whatsoever the provisions or ob- ligations of this guarantee. The Contractor shall reimburse the City up to a limit of Two Hundred Dollars ($200) for the cost of each system repair that is made by the City Engineer without prior demand by the City upon the Contractor for such repair or replacement or due to default by the Contractor to repair or replace the defective system within a reasonable period of time after noti- fication by the City that defects exist. McC/P CONSTRUCTION^, IN . A/ DATE / / 'Page 20 GENERAL PROVISIONS Specifications The specifications for the work shall consist of the 1979 edition of the Standard 5Jpecif.iGat.jons for Publ ic Works 'Qopli^M^Li0-!1 fheffeTiiaTter dosTgiiuted~SSPV/Cj~"as issued by the Southern California Chapters of the American Public Works Association, the City of Carlsbad supplement-to the SSPWC, the contract documents and the General and 'Special Provisions attached-thereto.,and the CalTrans Standard Speci- fications hereinafter referred to as Stan'dard Specifications. ^• Work to BeDone 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 specified in theseGeneral and Special Provisions. 3. Definitions and Intent A. B. C. or wor'd "Engineer" shall mean the City his approved representative. Reference to Drawings: Where " Indil:atifd" , '.'detailed", "note the words "shown"', id.", "scheduled" or words of similar import a.re used, it shall be under- stood that reference is made to the plans accompany- ing these provisions unless, stated otherwise. I) i r_e ctions: -Whe r e "selected" or words shall be understood or selection of the otherwise. The WOT import shall be uncl properly complete t by the City Engin-ee the words "directed", "designated"V of similar import are used, it that the direction, designation Engineer is intended unless stated d "required"-and words of similar ers-tood to mean "as required to lie work as required and as approved r" unless stated otherwise. Page 21 _ "approved equal", " -similar i m p o r t. a r e words arc followed of the Engineer" un words "approved", " of similar import a that the approval, the Engineer is int. D. Equals and Approvals: Where the words "equal", equivalent" and such words of used, it shall be understood such by the-expression "in the opinion less" otherwise stated. Where the approval", "acceptance", or words re used, it shall be understood acceptance, or similar import of ended. __ ___: 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 instaJ.1 the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equip- ment and transportation. 1 • 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. Construct ion Schedule A construction schedule is to be submitted by the Contrac- tor per Section 6-1 of the SSPWC at the time of the pre- construction conference. Coordination wi.tli the respective utility company for re- moval 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 dili- gently prosecute the work to completion within _6o_ con- secutive calendar days from the date of receipt of said "Notice to Proceed." « No n c o nf o r in i. ng W o r k The Contractor shall, remove and replace any work not. con- forming to the plans'or spccificnlions upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. Page 22 All work shall be guaranteed for one- year after the filing of 'a notice of completion. Contractor must execute the Guar- antee form included in these documents prior to final payment * 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 copies to the City Engineer. ^' 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 Con- trol Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48). •'•'.• ' 10. 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 v;ork shall not relieve Contractor from any obligation to fulfill this contract. •"• 1 • 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 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 tliroughout the life of the 'contract, the City will be the interpreter of the intent of Page 23 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. 13. Sub s t i . tut i6n o f Mat c r i a 1 s The proposal of the bidder shall be in strict conformity \\rith the drawings 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 or by names of manufacturer \vhich 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 infor- mation, specifications and data. If required, the Contrac- tor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemi- cal or other characteristics, and its durability, finish, or efficiency, b'y 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 substi- tution proposals .shall be made prior to beginning o.f con- struction, if possible, but in no case less than 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, whi-cn 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_-...——. j The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. ,Page 24 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 so do, the City En- gineer 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 extention of time. 17. Safety and Protection of .Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable pro- visions of Federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or ad- jacent 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 the hazards created by such features of construc- tion as protruding nails, hoists, well holes and falling materials. 18. BARRICADES AND TRAFFIC CONTROL The Contractor shall provide all necessary facilities for the con- trol of street vehicle traffic at all times. The Contractor shall provide all necessary barricades, traffic lane markers and safety signs required for the regulation of traffic at all hours. Bar- ricades shall be provided with flashing yellow lights surrounding any and all hazards during the nighttime hours. The Contractor shall arrange the street excavations to that two-way one lane vehicle traffic lanes are maintained open to the safe passage of traffic at all times. The Contractor shall submit his/ her proposed plans, methods and schedules of time required to com- plete the street work, to the City for approval before starting any street excavations. The Contractor shall comply with all requirements of the City re- garding safety precautions. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to traffic. Page 25 Full compensation for barricading and traffic control shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed therefor. 19. Stockpiling and Equipment Storage Stockpile and equipment storage locations shall be selected by the Contractor, subject to approval by the Engineer. When any material or equipment is to be stored outside the highway or street right-of-way, or other City property, the Contractor shall first obtain a written permit from, the property owner on whose property the storage is to be made,- and he/she shall:file with' the Engineer said permit, or a certified true copy thereof, to- gether with a written release from the property owner absolving the City from any and all responsibility in connection with the storage of materials or-equipment on said property. The Contractor shall leave all storage areas in a neat and clean condition,, satisfactory to the Engineer, and in accordance with the provisions of the storage permits. Full compensation for conforming to the requirements of this pro- vision shall be considered as included in the contract prices paid for the various items of work, and no additional compensa- tion will be allowed therefor. Page 26 SPECIAL PROVISIONS ELECTRICAL SPECIFICATIONS 1.0 GENERAL: All provisions in the General' Provisions, these Special Provisions and any Addendum issued are part of sections of this division. • 2,0 SCOPE: The work included and covered under this division shall be complete in every respect and shall include all material, equipment, fixtures and/or fixture conversion kits, labor, etc., required for the furnishing, delivery and installation of electrical work for this project with the exception of work or materials, specifically mentioned herein to be furnished by others. WORK TO BE DONE (GENERAL) 3-0 Convertcertain existing mercury vapor type street lighting luminaires to new high pressure sodium lamp operation. Quantity .and size shall be as. herein- after specified. WORK TO BE DONE (SPECIFIC) A.O The contract lump sum price for conversion of existing mercury vapor luminaires to high pressure sodium shall include full compensation for the following work. A.1 Convert 1365 existing 175 watt mercury vapor.type luminaires to 70 watt high pressure sodium lamp operation. A.2 Convert 3^2 existing AOO watt mercury vapor type luminares to 200 watt high pressure sodium lamp operation. 4.3 Convert 35 existing 250 watt mercury vapor type luminaires to 100 watt high pressure sodium lamp operation. A.A Cleaning, repairing of defective luminaires and/or repairing of luminaires damaged by work done under this contract. A.5 Submission of materials list and manufacturer's shop drawings outling devices to be installed in existing, luminaires. A.6 Replacement and repair of any defective parts found after Engineering field check. A.7 Installation of new lamp ballast. h p Kaplacement of any defective photoelectric controls. -* MATERIALS AND EQUIPMENT 5.0 LAMP BALLASTS: Lamp ballasts shall be suitable of pole base mounting where ballasts are existing in pole base or shall be of the type mounted in the luminaire housing. The contractor shall be responsible for verification of the type requi red. ' Page 27 5.1 Contractor shall be responsible for verification of existing street light- ing supply voltages supplied to the existing installation and shall provide the new ballast to operate on the existing voltage level. 5.2 New ballasts shall be for operation of high pressure sodium lamps of the size herein specified and shall be of the.regulated high power factor type. Each ballast shall be provided with fuse protection. 5-3 Ballasts shall conform to ANSI specifications as follows: ANSI Spec. No. S62 for 70 watt high pressure sodium ballasts . ANSI Spec. No. S5^ for 100 watt high pressure sodium ballasts ANSI Spec. No. S66 for 200 watt high pressure sodium ballasts 6.0 LAMPS: Lamps shall be new high pressure sodium type with brass mogul bases, clear bulb for burning in any position. 6.1 Lamp sizes as follows: 70 watt, E-23-1/2 bulb, 5800 initial lumens 100 watt, E-23-1/2 bulb, 9500 initia1 ']umens 200 watt, E-18, 1/2 bulb, 22000 initial lumens All- lamps shall have an average rated life of 24,000 hours. CONVERSION KITS FOR EXISTING LUMINAIRES 7-0 Kits for conversion of existing mercury vapor .type street lighting luminaires to the new high pressure sodium type lamp operation are available from sev- eral sources/manufacturers. The contractor shall verify the type and manu- facturer of the existing street lighting luminaires and shall arrange for the procurement of the proper and matching conversion materials and devices in conversion kit packages. The conversion kit supplied shall be completel-y compatible for the specific type and manufacture of the existing luminaires. 7.1 Conversion kits shall include all necessary parts, devices and shields nec- essary for the installation and efficient operation of the .new high pressure sodium type lamps. 7.2 The light output and distribution curves of the new installation shall match the distribution curves of the existing system within reasonable variations. Any radical differences in light distribution patterns of the proposed con- version will not be acceptable. 7-3 All parts of the conversion kit shall carry the UL label of approval. 7-A The contractor shall submit manufacturer's shop drawings of the conversion kit including the manufacturer's recommendations for installing the new de- vices, etc., and also light distribution data/curves expected for approval by the City. TESTS 8.0 Subsequent to contractor's installation of any street lights, field checks may be performed at random by the Engineer. Failure to meet or exceed any test data values during field check will be justification for replacement by the contractor at the sole option of the City. Page 28 SALVAGE r 9.0 The existing mercury vapor lamps to be replaced shall become the property of the contractor and shall be removed from the highway right-of-way in accordance with the provisions in Section 7-1-13 of the Standard Specifi- cations, Disposal of Material outside the Highway Right-of-way. LOCATION 10.0 The locations of the street lights with the lamps to be replaced are located throughout the City of Carlsbad. The bidders are advised to inspect the computer output on file in the Engineering Department for the exact location of the 1,7^2 street lights.