HomeMy WebLinkAboutMcCain Construction Company Inc; 1984-05-15; 3160,*"""*
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS & SPECIFICATIONS
for
The Construction of
Traffic Signal Improvements
at
Alga Road and Alicante Road
CONTRACT NO. 3160
r
DEVELOPMENTAL
SERVICES
/*""**
^OFFICE OF THE CITY ENGINEER
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5541
Cttp of Cartefcab
ADDENDUM NO. 1
TRAFFIC SIGNAL AT ALGA AND ALICANTE
CONTRACT NO. 3160
C
The following revisions have been made to the above contract,
Pole Schedule Sheet No. 1
(1) Item Nos. 2_ and 5_ change standard tyoe from
19-2-70 to 19-4-70.
(2) Change signal arm for item nos. 2^ and 5_
from 35' to 30'.
If you have any questions, please call me at 438-5529.
PAT ENTEZTARI
Project Manager
PErtmn
c
TABLE OF CONTENTS
ITEM PAGE
NOTICE INVITING BIDS !
PROPOSAL 3
BIDDER'S BOND TO ACCOMPANY PROPOSAL 6
DESIGNATION OF SUBCONTRACTORS 7
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10
CONTRACT H
LABOR AND MATERIALS BOND 16
PERFORMANCE BOND 18
GENERAL PROVISIONS 20
SPECIAL PROVISIONS 26
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Agent, City
Hall, 1200 Elm Avenue, Carlsbad, California, until 2-oo PM on the 2. t>
day of APRIL. > 19 gl+ at which time they will be opened and read
for performing the work as follows:
CONSTRUCTION OF TRAFFIC SIGNALS
AT
ALGA ROAD AND ALICANTE ROAD
CONTRACT NO. 3160
The 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. Reference is hereby made to the
specifications for full particulars and description of the work.
No bid will be received unless it is made on a proposal form furnished by
the Engineering Department. Each bid must be accompanied by security in a
form and amount required by law. The bidders' security of the second and
third next lowest responsive bidders may be withheld until the contract has
been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten days after
the contract is awarded.
The documents which must be completed, properly executed, and notarized
are:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience
All bids will be compared on the basis of the Engineer's estimate. The
estimated quantities are approximate and serve solely as a basis for the
comparison of bids. The Engineer's estimate is $ 64 ,500 . 00
No bid shall be accepted from a contractor who has not been licensed in
accordance with the provisions of State law. The contractor shall state
his or her license number and classification in the proposal.
One set of plans, special provisions and contract documents may be obtained
at the Engineering Department, City Hall, Carlsbad, California, at no cost
to licensed contractors. Additional sets are available for a. nonrefundable
fee of $10.00 per set.
c Page 2
The City of Carlsbad reserves the right to reject any or all bids and to
waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker
needed to execute the contract shall be those as determined by the Director
of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of
the California Labor Code. Pursuant to Section 1773.2 of the California
Labor Code, a current copy of applicable wage rates is on file in the
Office of the Carlsbad City Clerk. The contractor to whom the contract is
awarded shall not pay less than the said specified prevailing rates of
wages to all workers employed by him or her in the execution of the
contract.
The prime contractor shall be responsible to insure compliance with
provisions of Section 1777.5 of the California Labor Code.
The provisions of Part 7, Chapter 1 of the California Labor Code commencing
with Section 1720 shall apply to the contract for work.
A prebid meeting and tour of project site will be held on
APRIL. 20,/<?%4 at ;0 /}^7 at AlCrA &. ALlCflNTE
Bidders are advised to verify the issuance of all addenda and receipt
thereof one day prior to bidding. Submission of bids without
acknowledgment of addenda may be cause for rejection of bid.
Approved by the City Council of the City of Carlsbad, California, by
Resolution No. T6 ^9 , adopted on the /Q 7JT day of APfil L19 — - -
^/UA^ /g a. . A.vv~1
Date v ' Aletha L. Rautenkranz, City Clerk j
CITY OF CARLSBAD
CONTRACT-NO. 3160
Page 3
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. 3160 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:
^f^.c
Article w/Unit Price or
Lump Sum Written in Words
Approximate
Quantity
& Unit
1. Construct Traffic Signal
at Alga Road and Alicante Road
L.S.
Unit
Price TOTAL
Total amount of bid in words ^ -* <#,/>>?;/J 'AL^rt
Total amount of bid in numb er s :
/Addendum (a) No(s)
received and is/a*e included in this proposal.
has/feeve-been
All bids are to be computed on the basis of the given estimated quantities
of work, as indicated in this proposal, times the unit price as submitted
by the bidder. In case of a discrepancy between words and figures, the
words shall prevail. In case of an error in the extension of a unit price,
the corrected extension shall be calculated and the bids will be computed
as indicated above and compared on the basis of the corrected totals.
The undersigned has checked carefully all of the above figures and
understands that the City will not be responsible for any errors or
omissions on the part of the undersigned in making up this bid.
The undersigned agrees that in case of default in executing the required
contract with necessary bonds and insurance policies within twenty (20)
days from the date of award of contract by City Council of the City of
Carlsbad, the proceeds of check or bond accompanying this bid shall become
the property of the City of Carlsbad.
Licensed in accordance with the Statutes of the State of California
providing for the registration of contractors, License No.^^^/^^
Identification $ $ (?-//) .
' / /
The undersigned bidder hereby represents as follows:
~^. 1. That no Councilmember, officer, agent or employee of the City of
Carlsbad is personally interested, directly or indirectly, in this
contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its
officers, agents or employees, has induced him/her to enter into
this contract, excepting only those contained in this form of
contract and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm or
corporation making a bid for the same work, and is in all respects
fair and without collusion or fraud.
Accompanying this proposal is ^^/y
(Cash, Certified Check, Bond or Cashier's Check)
in an amount of not less than ten percent (10%) of the total bid price.
Page 5
/•"*
W
The undersigned is aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of
that code, and agrees to comply with such provisions before commencing the
performance of the work of this contract.
The undersigned is aware of the provisions of the State of California Labor
Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of
wages for each craft or type of worker needed to execute the contract and agrees
to comply with its provisions.
(619) 942-0821 McCain Construction Co., Inc.
Phone Number
April 16, 1984
Date , Authorized SignatureA. McCain, President
2220 Encinitas Boulevard ' Evangeline S. McCain, Secretary
Encinitas, California 92024 Corporation
Bidder's Address Type of Organization
(Individual, Corporation,
Partnership)
List below names of President, Secretary, Treasurer and Manager if a
corporation, and names of all partners, if a partnership:
Jack A. McCain President
Evanqeline S. McCain Secretary-Treasurer
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY
ALL PRINCIPALS MUST BE ATTACHED)
(CORPORATE SEAL)
i/yUOn this the /JJ day of
.
7
. I9<fy ,before me,
the undersigned Notary Public, personally appeared
C t/% ie*(.Ji sit O YflO
r/stPw»s£?3£'.;;•;/
CFHOl SEAL
SUSAN J. PLHAR
;OT,«,r=;' PL-'BLIC-CUIFORMA
PRINCIPAL OS-id IN
\^Commission Expires May 3. 1985
tatavfsvn :•; ?•.*?<•««
Z personally know/n to me
X proved to me on the basis of satisfactory evidence
to bf the person(s) who executed the within instrument as
sSl ( f'e j-rt-yu or on behalf of^tbe corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my harufanlj official seal
CORPORATE ACKNOWLEDGMENT FORM 71?OOS2 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BlvO • Woodland Hills. CA 913C
,
af
all wen b
#719
That INDUStfcl
and having its principal
presents:HOME OFFICE -SAN FRANCISCO
COMPANY, a corporation organized and existing under the laws of tin- State of California,
of San Francisco, State of California, does hereby make, constitute and appoint
— BETTIE L. GARCIAits true and lawful attorney-ih-fact for it and in its name, place and stead to execute on its.behalf us surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to surh obligations in favor of all obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
- - UNLIMITED
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal thereto:
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be
affixed by its proper officers, at the City of San Francisco, California, this 17th day of October .19 78 •
Attest:INDUSTRIAL INDEMNITY COMPANY
Secretary
STATE OF CALIFORNIA )
CITY AND COUNTY OF SAN FRANCISCO \ ss'
LaPUnte
fenior vie* President)
On this 17th day of October . 19 78 .before me, Mary Mueller
a notary public in and for the City and County of San Francisco, State of California, personally appeared
J. G. LaPlante and L. E. Mulryan
known to me to be the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on September 27, 1972, and that the same is in full force and effect.
In witness whereof, 1 have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
WW«B»j,l[^PSfc
€•»*Of SMHMOKD it
1. Iff* j
and for the City and County
isco. State of California
it L. E. Mulryan (Secretary) of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my namtas such officeruind affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this /6 *~' day of (jifJrtAjP
Secretary
I VO4I R7 (10/72)
STATE OF CALIFORNIA
CITY AND COUNTY Of SAN DIEGO
On tins leth^y APRIL 84 ..lore me, the undersigned Notary Public, in and lor the State, personally
appeared Bettie L. Garcia j pcr%on known to me (or proved to me on the baMi ol satisfactory evidence),
to be the |x:ison who executed the written instrument .is Attorney-in-l act on behall ol the corporation therein named and
acknowledged to me that the corporation executed it.
iivjjn_uiiderjiny^iand and Notanal Seal this 16th jay o| APRIL
MyC•
I V=,:
.-.' SL.:A - P:HAR
Lxpirev ,.:•• - •;- ( .,;.-.;:?:w
' -.'«'••' •'.';. , ••' " IN
M)KM
A.U. IV 84
\oiary Public.
State of f "'tj Jjjf,'*iri£
County of C J A
OFFICIAL SEAL
SUSAN J. PtHAR
NOT.'RV FL'8L!C-C*UFO«N»A
PRINClF'Al OFr^CE IN
SAN DitGO COONTY
My Commission f>p:.-es May 3. 1985
SS.
l/tOnthistheLc-i^dayof
.
*****
19jly, before me,
the undersigned Notary Public, personally appeared
D personally known to me
^ proved to me on the basis of satisfactory evidence
to be^the person(s) who executed the within instrument as
//U<ix^£/^/ _ or on behaiLof the corporation therein
named, and acknowledged to me that thetorpor^tion executed it.
WITNESS my haiid and official
COflPORATEACKNOWLEDGvlENTFORM 712005J NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd • Wocxtlvid Hills. CA 91
c
c
Page 6
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we,McCAIN CONSTRUCTION CO., INC.as Principal, and
INDUSTRIAL INDEMNITY COMPANY as Surety, are held and
firmly bound unto the City of Carlsbad, California, in the sum of
TEN PERCENT OF THE AMOUNT ACCOMPANYING BID (10%) Dollars
), lawful money of the United States for the payment of
which sum well and truly to be made, we bind ourselves, jointly and
severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounden principal for:
CONSTRUCTION OF TRAFFIC SIGNALS AT ALGA ROAD AND ALICANTE ROAD
CONTRACT NO. 3160
Bid Date: 4/20/84
in the City of Carlsbad, is accepted by the City Council of said City, and
if the abovebounden 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 contract by the City Council of the City of
Carlsbad, being duly notified of said award, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and
effect, and the amount specified herein shall be forfeited to the said
City.
In the event any Principal above named executed this bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 16th
day of APRIL , 19 84
Corporate Seal (If Corporation)McCain Construction Co., Inc.
Principal
/ Bettie
Title Attorney-in
(Attach acknowledgement or
Attorney in Fact)
geline S. McCain, Secretary
(Notarial acknowledgement of
execution by all PRINCIPALS and
SURETY must be attached.)
w
Page 7
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the following
listed contractors in making up his/her bid and that the subcontractors
listed will be used for the work for which they bid, subject to the
approval of the City Engineer, and in accordance with applicable provisions
of the specifications. No changes may be made in these subcontractors
except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each subcontractor.
Additional pages can be attached, if required:
Full Complete
Items of Company Address Phone No.
Wprk Name w/Zip Code w/Area Code
'-$>**
fc/v
**f*-'*f /Ttftf tfv fa>^x
c
DESIGNATION OF SUBCONTRACTORS continued
The bidder is to provide the following information on the subbids of all
the listed subcontractors as part of the sealed bid submission. Additional
pages can be attached if required.
Type of State Carlsbad Amount
Contracting Business of
Full Company Name License & No. License No.* Bid ($ or %)
37 II^MMJh
^Licenses are renewable annually by January 1st. If no valid license
indicate "NONE". Valid license must be obtained prior to submission of
signed contracts.
MeCAIM ^QNSTBUCTION CO..INC.
1220 En«Ay^effl'v«.ComPany Name<£EiS.°L.i> •***• ^"^ ™»
iplete Address
''/%*#,.
Authorized Signature
c 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)
t^*£*£*rsj
s Signature
MC CAIN CONSTRUCITON CO., INC.
BALANCE SHEET
SEPTEMBER 30, 1983
ASSETS
Current Assets
Cash
Accounts Receivable
Material and Supplies Inventory
Costs and Estimated Earnings on
Contracts in Progress in Excess of
JRe-tated Billings
Total Current Assets
Fixed Assets
Vehicles
Machinery and Equipment
Office Furniture and Fixtures
Less Accumulated Depreciation
Net Fixed' Assets
Other Assets
Deposits
Note Receivable - Officer
Total Other Assets
Total Assets
$244,513
161,696
15,000
46,574
$165,366
122,637
5.953
$293,956
233,101
50
250
$467,783
60,855
300
$528,938_«..—.—__.
sUM**,
t
Fi
C
MC CAIN CONSTRUCTION CO., INC,
BALANCE SHEET
SEPTEMBER 30, 1983
i
LIABILITIES AND STOCKHOLDERS' EQUITY
i
• Current Liabilities
I Accounts Payable $ 89,937
| Accrued payroll Tax and Income Tax 1,633
i ^ Amounts' Billed in Excess of Costs
I f and Estimated Earnings on Contracts
| ^ in Progress 60,894
i Total Current Liabilities $152,464i
I Stockholders' Equity
Common Stock $ 20,000
j Retained Earnings 356,474
! Total Stockholders' Equity 376,474
1 Total Liabilities and Stockholders' Equity $528,938
Page 10
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required Co state what work of a similar character to that
included in the proposed contract he/she has successfully performed and give
references, with telephone numbers, which will enable the City to judge his/her
responsibility, experience and skill. An attachment can be used if notarized or
sealed.
Date
Contract
Comntefeed
Name and address
of the Employer
Name and Phone No.
of Person
to Contact Type of Work
Amount of
Contract
.^s. c-
c
(f y
(Notarize or
Corporate Seal)
Page 11
CONTRACT - PUBLIC WORK
This agreement is made this /S~ day of
19 ^-P r by and between the City of Carlsbad, Califdrnia, |a
municipal corporation (hereinafter called "City") and
7~6 si, whose
principal place of business is
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1 . Description of Work. Contractor shall perform all work
specified in the contract documents for:
CONSTRUCTION OF TRAFFIC SIGNALS AT ALGA ROAD AND ALICANTE ROAD
CONTRACT NO. 3160
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide
all labor, materials, tools, equipment and personnel to
perform the work specified by the contract documents.
3. Contract Documents. The contract documents consist of this
contract; the bid documents, including the notice to bidders,
instructions to bidders and contractors proposal; the plans
and specifications and all proper amendments and changes made
thereto in accordance with this contract or the plans and
specifications; and the bonds for the project; all of which
are incorporated herein by this reference.
4' Payment . As full compensation for Contractors performance
of work under this contract, City shall make payment to
Contractor as follows:
a. In the total amount of -y 4e? j I3Z, to be made in a lump
sum not later than 35 days from the date of the filing
of the notice of completion.
(rev.12/21/82)
Page 12
Payment of undisputed contract amounts shall be contingent
upon Contractor furnishing City with a release of all claims
against City arising by virtue of this contract as it
relates to those amounts.
Extra compensation equal to 50 percent of the net savings
may be paid to Contractor for cost reduction changes in the
plans or specifications made pursuant to a proposal by
Contractor. The net savings shall be determined by City.
No payment shall be made unless the change is approved by
the City.
Independent Investigation. Contractor has made an
independent investigation of the jobsite, the soil
conditions under the jobsite, and all other conditions that
might affect the progress of the work, and is aware of
those conditions. The contract price includes payment for
all work that may be done by Contractor in order to overcome
unanticipted underground conditions. Any information that
may have been furnished to Contractor by City about
underground conditions or other job conditions is for
Contractor's convenience only, and City does not warrant
that the conditons are as thus indicated. Contractor is
satisfied will all job conditions, including underground
conditions and has not relied on information furnished by
6. Contractor Responsible for Unforeseen Condtions. Contractor
shall be responsible for all loss or damage arising out of
the nature of the work or from the action of the elements or
from any unforeseen difficulties which may arise or be
encountered in the prosecution of the work until its
acceptance by the City. Contractor shall also be
responsible for expenses incured in the suspension or
discontinuance of the work. However, contractor shall not
be responsible for reasonable delays in the completion of
the work caused by acts of God, stormy weather, extra work,
or matters which the specifications expressly stipulate will
be borne by City.
7. Change Orders. City may, without affecting the validity of
this contract, order changes, modifications, deletions and
extra work by issuance of written change orders. Contractor
shall make no change in the work without the issuance of a
written change order, and Contractor shall not be entitled to
compensation for any extra work performed unless the City has
issued a written change order designating in advance the
amount of additional compensation to be paid for the work.
If a change order deletes any work the contract price shall
be reduced by a fair and reasonable amount. If the parties
are unable to agree on the amount of reduction the work shall
nevertheless proceed and the amount shall be determined by
arbitration or litigation. The only person authorized to
(rev. 12/21/82)
Page 13
/"""*• ' order changes or extra work is the City Engineer. However,
no change or extra work order in excess of $5,000.00 shall be
effective unless approved by the City Council.
8. Prevailing Wage. Pursuant to the Labor Code of the State of
California, the City Council has ascertained the general
prevailing rates of per diem wages for each craft or type of
worker needed to execute the contract and a schedule
containing such information is in the City Clerk's office and
is incorporated by reference herein.
9. Indemnity. Contractor shall indemnify, hold harmless and
defend City and its officers and employees, and each of them,
from any and all liability or loss resulting from any suit,
claim or other action brought against City, or for any other
losses of whatever nature, directly or indirectly arising
from the acts of Contractor or its officers, employees or
agents done in the construction of this project or in the
performance of this contract regardless of responsibility for
negligence. The expenses of defense include all costs and
expenses, including attorneys fees, of litigation,
arbitration or other dispute resolution method. Nothing in
this paragraph shall require contractor to indemnify City for
losses caused by the active negligence of City.
10. Insurance. Contractor shall cause the City to be named as
an additional insured on any policy of liability or property
damage insurance concerning the subject matter or
performance of this contract taken out by Contractor.
11. Workers Compensation. Contractor shall comply with the
requirements of Section 3700 of the California Labor Code.
Contractor shall also assume the defense and indemnify and
save harmless the City and its officers and employees from
all claims, loss, damage, injury and liability of every
kind, nature and description brought by any person employed
or used by Contractor to perform any work under this contact
regardless of responsibility for negligence.
12. Proof of Insurance. Contractor shall submit to the City
certification of the policies mentioned in Paragraphs 10 and
11 or proof of workers' compensation self insurance prior to
the start of any work pursuant to this contract.
13. Arbitration. Any controversy or claim in any amount up to
$100,000 arising out of or relating to this contract or the
breach thereof may, at the option of City, be settled by
arbitration in accordance with the construction industry
rules of the American Arbitration Association and judgment
upon the award rendered by the arbitrator(s) may be entered
in any California court having jurisdiction thereof. The
(rev.12/21/82)
Page 14
award of the arbitrator(s) shall be supported by law and
substantial evidence as provided by the California Code of
Civil Procedure, Section 1296.
14. Maintenance of Records. Contractor shall maintain and make
available to the City, upon request, records in accordance
with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2
of the California Labor Code. If the Contractor does not
maintain the records at Contractor's principal place of
business as specified above, Contractor shall so inform the
City by certified letter accompanying the return of this
contract. Contractor shall notify the City by certified
mail of any change of address of such records.
•,
15. Labor Code Provisions; The provisions of Part 7, Chapter 1
commencing with section 1720 of the California Labor Code
are incorporated herein by reference.
16. Security. Pursuant to the requirements of law (Government
Code Section 4590) appropriate securities may be substituted
for any monies withheld by City to secure performance of
this contract or any obligation established by this
contract.
17. Additional Provisions. Any additional provisions of this
agreement are set forth in the "General Provisions" or
"Special Provisons" attached hereto and made a part hereof.
McCAIN CONSTRUCTION CO., INC.
Contractor
(Seal)
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Byi
Title
APPROVED AS TO ^ORM:
fei/
' ^Assistant CitTy/Attorney"
CITY OF CARLSBAD, CALIFORNIA
Mayor
(rev.12/21/82)
State of California
County of San Diego
OFFICiAL SEAL
SUSAN J. PEHAR
NOTARY PUBOC-CAUFORNSA
PRINCIPAL OFFICE IN
_____ SAN DJEGO COUNTY
My Commission Expires May 3, 1985
ss.
Onthlsthei^dayof1^._ before me,
Susan Pehar
the undersigned Notary Public, personally appeared
Jack A. McCain of McCain Construction Co.tiI
C? personally known tome
D proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
President Or on behalf of the corporation therein
named, and acknowledged to me ttiat the cpfporgtion executed it.
WITNESS my bane
Notary'nature
State of California
County of San Diego
SSS
SS.
OFFICIAL SEAL
SUSAN J. PEHAR
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires May 3. 1985
Onthisthe_10t.laayof May . 1984_, before me,
Susan Pehar
the undersigned Notary Public, personally appeared
McCain ConstructionEvangeline S. McCain of Co., Inc.
. .—, _ j
El personally known to me
G proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Secretary ^_ or on behalf of the corporation therein
named, and acknowledged to me that the corpprafiofT^xecuted it.
WITNESS my hand an/official seal7~
Notary's^ignafure
CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 9131
C
Page 15
ATTEST:
City
Contractors Certification of Awareness of Workers Compensation
Responsibility.
"I am 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 I will comply with such provisions before
commencing the performance of the work of this contract."
CONSTRUCTION CCUNC.
CGnTrajz'tor
C
(rev.12/21/82)
c
Page 16
LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. ~~[T5 $ £ adopted <3V If- \ -
has awarded to /YfSf^tf/Al ^p/y/7/£l/C.77 ° H Co. //Vthereinaf ter designated as
the "Principal", a contract for:
CONSTRUCTION OF TRAFFIC SIGNALS AT ALGA ROAD AND ALICANTE ROAD
CONTRACT NO. 3160
in the City of Carlsbad, in strict conformity with the drawings and
specifications and other contract documents now on file in the Office of
the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond with said contract,
providing that if said Principal or any of his/her or its subcontractors
shall fail to pay for any materials, provisions, provender or other
supplies or teams used in, upon for or about the performance of the work
agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, HV^/jjL/L ^J<Yi£ lkfl/fe(?)L Afr/ftQ/l^-' > as ,
PrincipaJ., hereinafter^designated as the Contractor / and C^J^J 1 L^tt^iJ^-^
V()J"\d&/)U-\JTJ4' (}J^V\,iML/\M( as Surety, are held firmlAbound unto
the City of Carlsbad in the sum oflJ fatikj S/ X ///^/J^/L!/) K/&. /^/XJ/W /)
-Ml &lcj>Mfli Pollars ($*~l(L.j /3_>>. £<lJ—*•) said sum being one hundred per
cent (100%) of the estimated amount payable by the City of Carlsbad under
the terms of the contract, for which payment well and truly to be made we
bind ourseves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her
subcontractors fail to pay for any materials, provisions, provender or
other supplies, or teams used in, upon, for, or about the performance of
the work contracted to be done, or for any other work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Code with
respect to such work or labor, that the Surety or Sureties will pay for the
same, in an amount not exceeding the sum specified in the bond, and also,
in case suit is brought upon the bond, a reasonable attorney's fee, to be
fixed by the court, as required by the provisions of Section 4202 of the
Government Code of the State of California.
w
<"*«*>.•
Page 17
This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Section 1192.1 of the Code of
Civil Procedure so as to give a right of action to them or their assigns in
any suit brought upon this bond, as required by the provisions of Section
4205 of the Government Code of the State of California.
In the event any Contractor above named executed this bond as an individual,
it is agreed the death of any such Contractor shall not exonerate the Surety
from its obligations under this bond.
IN WITNESS WHEREOF, this instru
and Surety above named, on the
19 ff/ •
(Notarize or Corporate
Seal for each Signer)
t /has been duly
day of
xecuted by the Contractor
U
McCAIN CONSTRUCTION CO., INC.
c
STATE OF CALIFORNIA
CJTY AND COUNTY OF San Diego
Contractor
surety
J 1Onc^a <: f
'
I
1 ss.:
1
On this 8t:h day MaY I9_J^, before me, the undersigned Notary Public, in and for the State, personally
known to me (or proved to me on the basis of satisfactory evidence).Settle L. Garciaappeared
to be the person Who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
nn'!^.;;: Eo-'os May 3, 1985
Notary Public.
tOILM 11* I1C
flofaer of #719 INDUSTRIAL
INDEMNITY
all men by these presents:HOME OFFICE - SAN FRANCISCO
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing un<lcr tlu- laws of llu State of California,
and having its principal office in the City of San Krancisco. State of California, docs hereby make, constitute .mil ,i|>|>oinl
- BETTIE L. GARCIAits true and lawful attorncy-m-tact for it and in its name, place and stead to execute on its belt.ilf as surcu . bonds, mulci takings, slipti-
latioiu. consents and all contracts of suretyship and to attach its corporate seal to sucli obligations in favor ot all oblii>ccs. provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
- - UNLIMITED - —
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted liy the Hoard of Director* ol
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972. reading as follows:
"RESOLVED, that the Chairman of the Hoard or President or Executive Vice President or Senior Vice President of the Company.
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute cm behalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal thereto:
"RESOLVED. FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to lie used for the purpose hereinabove stated anil will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof. INDUSTRIAL INDEMNITY COMPANY has caused these presents to l>c siimed and its c orporale seal to be
affixed by its proper officers, at the City of San Francisco, California, this 17th day of October .19 78 -
Attest:INDUSTRIAL INDEMNITY COMPANY
Secretary . LaPlante
senior Vice President)
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO **'
O» this 17th day of October .1978 .before me, Mary Mueller
a notary public in and for the City and County of San Francisco. State of California, personally appeared
J. 6. LaPlante and L. E. Mulryan
known to me to be the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a trne and correct copy of the resolution duly passed at a meeting of the Hoard of Directors
on September 27. 1972. and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
MARY MUELLEINOTARY MDUC - CMffOM!on a OMNn at uw fuaojco =-—f-_=5««CS55!^^!SS_2S!:.and for the City and County
•isco. Stale of California
i. L. E. Mulryan (Secretary) of INDUSTRIAL INDEMNITY COMPANY.
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof. I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 8th day of MAY •l<>84 •
^^^^^ _
SEAL
L. E. Mulryan Secretary
1V*4« NT (I«/TS)
Page 18
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. 76"9<£ adopted
ft
has awarded to /fJC C ft/fiJ £0//ff/e U CTt o/V ' /A/r O/ej*<> H-Af^D .
hereinafter designated as the Principal , a contract for:
CONSTRUCTION OF TRAFFIC SIGNALS AT ALGA ROAD AND ALICANTE ROAD
CONTRACT NO. 3160
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,
Principal, hereinafter designated as the Contractor", a"nd
Surety, are held and firmly bound untoLche City o Carlsbjd, In the sum
of
sai-d sum being equal to 100 per cent (100%) of the
estimated amount of the contract, to be paid to the said City or its
certain attorney, its successors and assigns; for which payment, well and
truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden
Contractor, his/her or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly keep
and perform the covenants, conditions, and agreements in the said contract
and any alteration thereof made as therein provided on his/her or their
part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of Carlsbad, its officers
and agents, as therein stipulated, then this obligation shall become null
and void; otherwise it shall remain in full force and virtue.
'"W
Page 19
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it
does hereby waive notice of any change, extension of time, alterations or
addition to the terms of the contract or to the work or to the
specifications .
In the event that any Contractor above named executed this bond as an
individual, it is agreed that the death of any such Contractor shall not
exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed b
Contractor and Suret above named on the )wt.day of
theoy tneifwJ! (f
McCAIN CONSTRUCTION CO., INC.
(Notarize or Corporate
Seal for Each Signer)
'Surety
STATE OF CALIFORNIA ]
1 a.:
CITY AND COUNTY OF San Diego J
On this 8th- day
appeared
May 19 84, before me, the undersigned Notary Public, in and for the Slate, personally
Be 11 i e L. Garcia a person known to me (or proved to me on the basis of satisfactory evidence).
to be the person Who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and '
acknowledged to me that the corporation executed it.
8th
OFf iC'AL SEAL
Aiv J. PLHAR
;-( D!£::O COUNTY
f xp;ws ?^!ay 3, 1335 :
Notary Public.
FORM 11* li«2
Dottier of (Attorney #719 INDUSTRIAL
INDEMNITY
JKnoto all men bu three presents:HOME OFFICE • SAN FRANCISCO
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of I In State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make. constitute and .i|>|>oinl
- --••; ' BETTIE L. GARCIAits true and lawful attorncy-in-tact for it and in its name, place and stead to execute on it* behalf .is surcu. bonds, undertakings, stipu-
lations, consents and all contracts of suretyship ami to at lath its corporate seal to such obligations in favor »l .ill obligees, provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
- UNLIMITED -
and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted hy the Hoard of Director* of
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge
or verify Powers of Attorney qualifying selected attorney s-in fact to act under such Powers of Attorney to execute on l»ehalf of
Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate
seal thereto:
"RESOLVED. FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hcrcinahove stated and will be
binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof. INDUSTRIAL INDEMNITY COMPANY has caused these presents to l>e signed anil its corporate seal to be
affixed by its proper officers, at the City of San Krancisco, California, this 17th day of October .19 78 •
Attest:INDUSTRIAL INDEMNITY COMPANY
Secretary '-. LaPlante
Vice President)
STATE OF CALIFORNIA 1
CITY AND COUNTY OF SAN FRANCISCO \ **'
O»this 17th d*y of October .19 78 .beforeme, Mary Mueller
a notary public in and for the City and County of San Francisco. State of California, personally appeared
J. 6. LaPlante and L. E. Mulryan
known to me to be the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on September 27. 1972, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
MARY MUEUEInorm nnuc -at • OHM* o> UN nuasto•VI r^OTUMW g
j *»*»>• §
Notary Publii
of San frar
[and for the City and County
risco. State of California
I, L. E. Mulryan (Secretary) of INDUSTRIAL INDEMNITY COMPANY.
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this 8th day of MAY -I984 •
^^^ -SEAL
L. E. Mulryan Secretary
IVMI mi HO/71)
Page . 20
GENERAL PROVISIONS
1. PLANS AND SPECIFICATIONS
The specifications for the work shall consist of the latest edition of the
Standard Specifications for Public Works Construction hereinafter
designated SSPWC, as issued by the Southern Chapters of the American Public
Works Association, the City of Carlsbad supplement to the SSPWC, the
Contract documents and the General and Special Provisions attached
thereto.
The Construction Plans consist of 1 sheet(s) designated as City of
Carlsbad Drawing No. 239-4 The standard drawings utilized for this
project are the San Diego Area "Regional Standard Drawings, hereinafter
designated SDRS, as issued by the San Diego County Department of
Transportation, together with the City of Carlsbad Supplemental Standard
Drawings. Copies of pertinent standard drawings are enclosed with these
documents.
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor, equipment
and materials and performing all operations necessary to complete the
project work as shown on the project plans and as specified in the
specifications.
3. DEFINITIONS AND INTENT
a) Engineer:
The word "Engineer" shall mean the City Engineer or his approved
representat ive .
b) Reference to Drawings:
Where words "shown", "indicated", "detailed", "noted", "scheduled"
or words of similar import are used, it shall be understood that
reference is made to the plans accompanying these provisions unless
stated otherwise.
c
Page 21
c) Directions:
Where words "directed", "designated", "selected" or words of
similar import are used, it shall be understood that the direction,
designation or selection of the Engineer is intended unless stated
otherwise. The word "required" and words of similar import shall
be understood to mean "as required to properly complete the work as
required and as approved by the City Engineer" unless stated
otherwise.
d) Equals and Approvals:
Where the words "equal", "approved equal", "equivalent" and such
words of similar import are used, it shall be understood such words
are followed by the expression "in the opinion of the Engineer"
unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be
understood that the approval, acceptance, or similar import of the
Engineer is intended.
e) Perform and Provide:
The word "perform" shall be understood to mean that the Contractor,
at her/his expense, shall perform all operations, labor, tools and
equipment, and further, including the furnishing and installing of
materials that are indicated, specified, or required to mean that
the Contractor, at her/his expense, shall furnish and install the
work, complete in place and ready to use, including furnishing of
necessary labor, materials, tools equipment and transportation.
CODES AND STANDARDS
Standard specifications incorporated in the requirements of the
specifications by reference shall be those of the latest edition at the
time of receiving bids. It shall be understood that the manufacturers
or producers of materials so required either have such specifications
available for reference or are fully familiar with their requirements
as pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the Contractor per
Section 61 of the SSPWC at the time of the preconstruction conference.
If the completion date shown on the Notice to Proceed letter is not met
by the Contractor, he will be assessed the daily salary of the City
inspector for each working day beyond the completion date, as damages.
Page 22
Coordination with the respective utility company for removal or
relocation of conflicting utilities shall be requirements prior to
commencement of work by the Contractor.
The Contractor shall begin work after being duly notified by an
issuance of a "Notice to Proceed" and shall diligently prosecute the
work to completion within 60 consecutive calendar days from the
date of receipt of said "Notice to Proceed."
NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming to the
plans or specifications upon written order by the City Engineer. Any
cost caused by reason of this nonconforraing work shall be borne by the
Contractor.
GUARANTEE
All work shall be guaranteed for one year after the filing of a "Notice
of Completion" and any faulty work or materials discovered during the
guarantee period shall be repaired or replaced by the Contractor.
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 Control Ordinance No. 3109, Carlsbad
Municipal Code, Chapter 8.48.
10. CITY INSPECTORS
All work shall be under the observation of a City Construction
Inspector. Inspectors shall have free access to any or all parts of
work at any time. Contractor shall furnish inspectors with 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.
Page 23
11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be
inserted in this contract shall be deemed to be inserted herein and
the contract shall be read and enforced as though it were included
herein, and if, through mistake or otherwise, any such provision is
not inserted, or is not correctly inserted, then upon application of
either party the contract shall forthwith be physically amended to
make such insertion or correction.
12. INTENT OF CONTRACT DOCUMENTS
The Contractor, her/his subcontractors and materials suppliers shall
provide and install the work as indicated, specified and implied by
the contract documents. Any items of work not indicated or specified,
but which are essential to the completion of the work, shall be
provided at the Contractor's expense to fulfill the intent of said
documents. In all instances throughout the life of the contract, the
City will be the interpreter of the intent of the contract documents
and the City's decision relative to said intent will be final and
binding. Failure of the Contractor to apprise her/his subcontractors
and materials suppliers of this condition of the contract will not
relieve her/him of the responsibility of compliance.
13. SUBSTITUTION OF MATERIALS
. The proposal of the bidder shall be in strict conformity with the
drawings and specifications and based upon the items indicated or
specified. The Contractor may offer a substitution for any material,
apparatus, equipment or process indicated or specified by patent or
proprietary names or by names of manufacturer which she/he considers
equal in every respect to those indicated or specified. The offer
made in writing, shall include proof of the State Fire Marshal's
approval (if required), all necessary information, specifications and
data. If required, the Contractor, at her/his own expense, shall have
the proposed substitute, material, apparatus, equipment or process
tested as to its quality and strength, its physical, chemical or other
characteristics, and its durability, finish, or efficiency, by a
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,
Page 24
apparatus, equipment or process indicated or specified. Such
substitution of proposals shall be made prior to beginning of
construction, if possible, but in no case less than 10 days prior to
actual installation.
14. RECORD DRAWINGS
The Contractor shall provide and keep up to date a complete "as-built"
record set of transparent sepias, which shall be corrected daily and
show every change from the original drawings and specifications and
the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface
grade. Prints for this purpose may be obtained from the City at cost.
This set of drawings shall be kept on the job and shall be used only
as a record set and shall be delivered to the Engineer on completion
of the work.
15. PERMITS
The general construction, electrical and plumbing permits 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.
16. QUANTITIES IN THE SCHEDULE
The quantities given in the schedule, for unit price items, are for
comparing bids and may vary from the actual final quantities. Some
quantities may be increased and others may be decreased or entirely
eliminated. No claim shall be made against the City for damage
occasioned thereby or for loss of anticipated profits, the Contractor
being entitled only to compensation for the actual work done at the
unit prices bid.
The City reserves and shall have the right, when confronted with
unpredicted conditions, unforeseen events, or emergencies, to increase
or decrease the quantities of work to be performed under a scheduled
unit price item or to entirely omit the performance thereof, and upon
the decision of the City to do so, The City Engineer will direct the
Contractor to proceed with the said work as so modified. If an
increase in the quantity of work so ordered should result in a delay
to the work, the Contractor will be given an equivalent extension of
time.
Page ?5.
17. SAFETY & PROTECTION OF WORKERS AND PUBLIC
The Contractor shall take all necessary precautions for the safety of
employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to
prevent accidents or injury to persons on, about or adjacent to the
premises where the work is being performed. He/she shall erect and
properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection of
workers and public and shall post danger signs warning against hazards
created by such features of construction as protruding nails, hoists,
well holes and falling materials.
18. SURVEYING
Contractor shall employ a licensed land surveyor or registered civil
engineer to perform necessary surveying for this project.
Requirements of the Contractor pertaining to this item are set forth
in Section 2-9.5 of the SSPWC. Contractor shall include cost of
surveying service within appropriate items of proposal. No separate
payment will be made.
19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS
Reference to codes, ordinances and regulations are to editions in
effect as to date of proposals. Abbreviations are used for agencies
issuing standard specifications as follows:
Agency 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
NOTICE TO CONTRACTORS
To minimize delays in improvement of Alga Road, the Contractor
for the above traffic signal shall coordinate all of his work
with T. B. Penick (Contractor for Alga Road Improvements, which
is currently under construction).
SPECIAL PROVISIONS
Page 26
TRAFFIC SIGNAL AND SAFETY LIGHTING FACILITIES
All equipment, materials, and components for traffic signal and highway safety
lighting systems, and the installation thereof, shall conform to the California
Department of Transportation Standard Plans and Standard Specifications,
Section 86, "Signals and Lighting," dated January 1981, except as noted in
these Special Provisions and on the Plans. Copies of these documents are
available from the State of California, Department of Transportation, Central
Publication Distribution Unit, 6002 Folsom Boulevard, Sacramento, California
95819.
The following subsection numbers coincide with those of the specifications
set forth above. Only those sections requiring amendment or elaboration, or
specifying options are called out.
86-1 GENERAL
86-1.03 Equipment List and Drawings. The Controller cabinet schematic
wiring diagram and intersection sketch 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 delivered for
testing, or if ordered by the Engineer, previous to purchase. The
maintenance manual shall include, but need not be limited to, the following
it ems :
(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
86-1.04 Warranties, Guarantees, and Instruction Sheets. The traffic
signal and highway safety lighting systems shall be guaranteed for a period
of one year.
86-2 MATERIALS AND INSTALLATION
86-2.03 Foundations. Portland cement concrete for foundations shall contain
not less than 470 pounds of cement per cubic yard, and shall obtain a
28-day compressive strength of 2500 pounds per square inch; except that
concrete for reinforced pile foundations shall contain not less than 564
pounds of cement per cubic yard, and shall obtain a 28-day compressive
strength of 3250 pounds per square inch.
Page 27
86-2.05 Conduit. Conduit shall be rigid steel with mettalic fittings.
Galvanizing shall be certified to meet Caltrans standards.
86-2.06 Pullboxes. Pullboxes shall be precast reinforced concrete.
Recesses for suspension of ballasts will not be required. Pullboxes
shall be installed on a 6-inch crushed rock base without grout.
86-2.09 Wiring. Splices for No. 8 or larger conductors shall be Type C
insulated by Method B as shown on Caltrans Standard Plan ES-13.
86-2.10 Bonding and Grounding. Bonding and grounding jumpers shall be
visible after caps have been poured on foundations.
86-2.11 Service. The Contractor shall arrange with the serving utility
(San Diego Gas and Electric Company) for service connections in conformance
with the requirements of the utility and these special provisions, and the
Contractor shall pay all required costs and fees required by the utility.
Type III service shall be installed. Service equipment wiring
shall consist of 120/240 V, with 120V unmetered luminaires and 120V metered
traffic signal equipment and illuminated street name signs.
86-2.16 Painting. All paint shall be furnished by the Contractor.
Factory finish will be satisfactory for new luminaires and no further
painting will be required.
86-3 CONTROLLERS
86-3.11 Model 170 Controller Assembly. Model 170 controller assemblies shall
consist of a Model 170 controller unit, a wired cabinet and all auxiliary
equipment required to control the signal indications as shown on the plans,
as specified in the special provisions and as specified in Sections 86-3.01,
"Controller Assembly", 86-3.02, "Interval Sequence," and 86-3.03, "Flashing
Operations."
The Contractor shall arrange to have a signal technician present at the
time the controller assembly is turned on. The technician shall be fully
qualified to work on the controller assembly, and shall be employed by
the controller manufacturer or his authorized representative.
86-3.11A Model 170 Controller Unit. Model 170 controller units shall
conform to the requirements in "Traffic Signal Control Equipment
Specifications," issued by the State of California Department of Transportation
and to all addendums thereto current at the time of project advertising.
86-3.11B Controller Cabinets. Controller cabinets shall conform to
the requirements for Model 332 cabinets in said "Traffic Signal Control
Equipment Specifications," and addendums thereto.
Page 28
86-4 TRAFFIC SIGNALS AND FITTINGS
86-4.01 Vehicle Signal Faces; and 86-4.04 Programmed Visibility Vehicle
Signal Faces. All lamps shall be furnished by the Contractor.
86-.405 Pedestrian Signal Faces. Pedestrian signal faces shall be
Type C (international symbol) with the eggcrate type front screen.
86-5 DETECTORS
86-5.01 Vehicle Detectors. Vehicle detectors shall be of the inductive
loop type. Sensor units shall be rack mount two channel.
Loop conductors shall be No. 12, stranded copper wire and shall have
Type USE cross-linked polyethylene insulation. Sawcuts for loop conductors
shall provide a minimum of 1 inch of cover over conductors.
Loop lead-in cable shall be Type C.
The Contractor shall test the vehicle 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 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 sensor unit shall provide the required output in response to
this test.
86-6 LIGHTING
86-6.01 High Intensity Discharge Luminaires. Highway safety lighting
luminaires shall be of the cut-off type. A separate activated charcoal
filter shall be provided for the sealed optical system chamber. The
integral ballast components shall be mounted on a separate down opening door.
Each luminaire shall be provided with Type IV photoelectric control.
Minimum light distribution shall be as shown on Caltrans' Standard Plan ES-10.
86-6.065 Internally Illuminated Street Name Signs. Internally illuminated
street name signs shall be Type A with Type IV photoelectric control.
86-6.10 High Intensity Discharge Lamp Ballasts. The integral ballasts
for highway safety lighting luminaires shall be designed for operation
on 120 volt multiple circuits.
Page 29
86-10 PAYMENT
86-10.01 Payment. Full compensation for the furnishing of all labor,
equipment and materials for performing all of the work shown on the
plans and/or specified herein shall be considered to be included in
the unit or lump sum price bid for traffic signal, safety lighting, street
name signs, and traffic stripe removal in the proposal and no additional
compensation will be allowed therefor.
TRAFFIC SIGNS
All details and dimensions for traffic signs and the installation thereof,
shall conform to the California Department of Transportation Traffic Sign
Specif icat ions , Traffic Manual, and Standard Specifications. All signs shall
be ref lector ized. The reflective sheeting for warning and mast-arm mounted
signs shall be wide angle high intensity grade. City approved theft proof
hardware shall be used for all sign mountings. Materials shall be certified
as meeting all applicable State specifications. Salvaged signs shall be
stockpiled at the Agency facility designated by the Engineer.
Full compensation for furnishing and installing traffic signs will be
considered as included in the lump sum paid for the installation of the
traffic signal and lighting systems, and no additional compensation will be
allowed therefor.
TRAFFIC STRIPES AND MARKINGS
All details and dimensions for traffic stripes, legends, and markings shall
conform to the California Department of Transportation Traffic Manual and
Maintenance Manual. Painting procedures shall conform to the most recent
edition of the Standard Specifications for Public Works Construction, including
all supplements, as written and promulgated by the Joint Cooperative
Committee of the Southern California Chapter of the American Public Works
Association and the Southern California District of the Associated General
Contractors of California. Copies of these Standard Specifications are
available from the publisher, Building News, Incorporated, 3055 Overland
Avenue, Los Angeles, California 90034, telephone 213/870-9871.
The following subsection numbers coincide with those of the specifications
set forth above. Only those sections requiring amendment or elaboration, or
specifying options, are called out.
SECTION 210 - PAINT AND PROTECTIVE COATINGS; and
SECTION 310 - PAINTING
210-1 PAINT
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking.
210-1.6.1 General. The paint for traffic striping and marking
shall be Rapid Dry.
Page 30
310-5 PAINTING VARIOUS SURFACES
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings.
310-5.6.1 General. Existing traffic stripes and markings that do
not conform to the Plans shall be removed by wet sandblasting.
310-5.6.4 Geometry, Stripes and Traffic Lanes; and
310-5.6.5 Traffic Stripes and Markings. All details and
dimension for traffic stripes and markings shall conform to the
California Department of Transportation Traffic Manual and
Maintenance Manual. Pavement legends shall conform to the Agency's stencils.
310-5.6.7 Layout, Alignment, and Spotting. The Contractor shall
furnish the necessary control points for all striping and markings,
and shall be responsible for the completeness and accuracy thereof to
the satisfaction of the Engineer.
Spotting shall be completed prior to the removal of any existing
stripes. Existing stripes and markings shall be removed prior to
painting new ones, but in no case shall any section of street be left
without the proper striping for more than 24 hours, or over weekends
or holidays.
310-5.6.10 Measurement and Payment. Full compensation for furnishing
and installing traffic stripes and markings will be considered as
included in the lump sum paid for the installation of the traffic
signal and lighting systems, and no additional compensation will be
allowed therefor.