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HomeMy WebLinkAboutSelect Electric Inc; 1989-12-06; 3339____ I. /i i I TABLE OF CONTENTS - By: ITEM NOTICE INVITING BIDS PROPOSAL BIDDER'S BOND TO ACCOMPANY PROPOSAL DESIGNATION OF SUBCONTRACTORS BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE NON-COLLUSIVE AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CONTRACT CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 CONTRACTOR'S CERTIFICATION OF COMPLIANCE OF AFFIRMATIVE ACTION PROGRAM LABOR AND MATERIALS BOND PERFORMANCE BOND ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION RELEASE FORM f IC 1: 1 I I E IC, 1 c L 1 1 c 1 1 1 1 9 3 3 L 1 E SPECIAL PROVISIONS E Supplementary General Provisions Technical Specifications E I I F I Pi; I I CITY OF CARLSBAD, CAIXFORNIA NOTICE INVITING BIDS ? e Sealed bids will be received at the Office of the Purchasin Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, unti 4:OO P.M. on the 23 day of October , 1989, at which tin they will be opened and read for performing the work as follows: D FARADAY AVENUE AND COLLEGE BOULEVARD TRAFFIC SIGNAL CONTRACT NO. 3339 The work shall be performed in strict conformity with tk specifications therefor as approved by the City Council of the Cit of Carlsbad on file with the Municipal Projects Department. TI specifications for the work shall consist of the latest edition c the Standard Specifications of Public Works Constructior hereinafter designated as SSPWC, as issued by the Southern Chaptei of the American Public Works Association. Reference is hereby mac to the specifications for full particulars and description of tl 'work. The City of Carlsbad encourages the participation of minority ai women-owned businesses. No bid will be received unless it is made on a proposal foi furnished by the Purchasing Department. Each bid must 1 accompanied by security in a form and amount required by law. TI bidder's security of the second and third next lowest responsiy bidders may be withheld until the Contract has been fully executec The security submitted by all other unsuccessful bidders shall I returned to them, or deemed void, within ten (10) days after tl Contract is awarded. Pursuant to the provisions of law (Pub1 Contract Code Section 22300), appropriate securities may ! substituted for any obligation required by this notice or for a monies withheld by the City to ensure performance under th Contract. If Contractor elects to use an escrow agent, Secti 10263 of the Public Contract Code requires monies or securities deposited with State Treasurer or a state or federally charter bank in California. The documents which must be completed, properly executed, a notarized are: c 0 t I, 1 1 t 1[ I t 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. 5. Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability and Experience L f 1 r All bids will be compared on the basis of the Engineer's Estimate The estimated quantities are approximate and serve solely as basis for the comparison of bids. The Engineer's Estimate is 60,000 . No bid shall be accepted from a Contractor who has not bee licensed in accordance with the provisions of State law. Th Contractor shall state his or her license number and classificatio in the proposal. The following classifi-cations are acceptable fo this contract: I1Af1 or rlC-lOfl in accordance with the provisions o State law. The Contractor shall state his or her license numbe and classification in the proposal. If the Contractor intends to utilize the escrow agreement include in the contract documents in lieu of the usual 10% retention fro each payment, these documents must be completed and submitted wit the signed contract. The escrow agreement may not be substitute at a later date. Sets of plans, special provisions, and Contract documents may 1 obtained at the Purchasing Department, City Hall, 1200 Elm Aveni Carlsbad, California, for a non-refundable fee of $10.00 per set The City of Carlsbad reserves the right to reject any or all bic and to waive any minor irregularity or informality in such bids, The general prevailing rate of wages for each craft or type c worker needed to execute the Contract shall be those as determint by the Director of Industrial Relations pursuant to the Sectior 1770, 1773, and 1773.1 of the California Labor Code. Pursuant 1 Section 1773.2 of the California Labor Code, a current copy ( applicable wage rates is on file in the Office of the Carlsbad Cil Clerk. The Contractor to whom the Contract is awarded shall nc pay less than the said specified prevailing rates of wages to a: workers employed by him or her in the execution of the Contract The Prime Contractor shall be responsibl-e to insure compliance wi' provisions of Section 1777.5 of the California Labor Code a Section 4100 et seq. of the Public Contracts Code, "Subletting a Subcontracting Fair Practices Act." The provisions of Part 7, Chapter 1, o:€ the California Labor Co commencing with Section 1720 shall apply to the Contract for wor A prebid meeting and tour of the project site will not be held. Bidders are advised to verify the issuance of all addenda a receipt thereof one day prior to bidding. Submission of bi without acknowledgment of addenda may be cause of rejection of bi 1 t 1 1 1 I 1 b i I ! t I t I 1 f li. Bonds to secure faithful performance of the work and payment o laborers and materials suppliers each in an amount equal to on hundred percent (100%) and fifty percent (50%), respectively, c the Contract price will be required for work on this project. The Contractor shall be required to maintain insurance as specif ie in the contract. Any additional cost of said insurance shall k included in the bid price. Approved by the City Council of the City of Carlsbad, California by Resolution No. 89-321, adopted on the 1 11 I 5th day of September 1 1989. 1& w* Ale ha L. aute kr nz, *” C’ty Clerk I 1 b I a 3 t I I e I P CITY OF CARLSBAD CONTRACT NO. 3339 PROPOSAL * City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 The undersigned declares he/she has carefully examined the locatic of the work, read the Notice Inviting Bids, examined the Plans a1 Specifications, and hereby proposes to furnish all laboi materials, equipment, transportation, and services required to c all the work to complete Contract No.5339 in accordance with tl Plans and Specifications of the City of Carlsbad, and the Speck Provisions and that he/she will take in full payment therefor tl -1 following unit prices for each item complete, to wit: Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price TOti 1 Traffic Signal complete, L.. s. L.S. e I %I Si& - 46, _> in place, and operating. %G.SLq- v bcx mt..3&, F\kd \L6y#d Q TL~V-Z CW-~$~ 3 WOO . Lump Sum Dollars 0 \ I- Item Description with Approximate Unit 0 Item Unit Price or Lump Sum Quarit ity and Unit Price Tot: NO. Price Written in Words -- I c%, - qbl 5ia. nuF&. 5,933 c&-mp- \ "s \ 9ul r"""" & cpLrc;r\ ow+ Fare& a Csi1e.y.. 7 r5ivc) - Total amount of bid in words: ktr2ih\ - 5 jtd mi-,wrd, F,Y-+- 1% AM buA ad Icc<uG\ -h%brs fl'd CnL Oh -1 - I Total amount of bid in numbers: Addendum (a) No (s) . and is/are included in this proposal. $ q(c? 51 2. has/have been receiv -----. e i &%7 +j/p 4 lo fl i 1 0 i i All bids are to be computed on the basis of the given estimate \ quantities of work, as indicated in this proposal, times the uni price as submitted by the bidder. In case of a discrepancy betwe€ words and figures, the words shall prevail. In case of an errc in the extension of a unit price, the corrected extension shall L calculated and the bids will be computed as indicated above ar compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or correctior may be crossed out and typed or written in with ink and must k initialed in ink by a person authorized to sign for the Contractoi The Undersigned has checked carefully all of the above figures ax understands that the City will not be responsible for any error c omissions of the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing tl required Contract with necessary bonds and insurance policit: within twenty (20) days from the date of Award of Contract by Cit Council of the City of Carlsbad, the proceeds of check or box accompanying this bids shall become the property of the City c Licensed in accordance with the Statutes of the State of Californ: providing for the registration of Contractors, License N02q703~ Classification (s) C.-\a, ~"wp A . a 1 -J i j Carlsbad. _f i -1 The Undersigned bidder hereby represents as follows: 1 "J 1. That no Council member, officer agent, or employee the City of Carlsbad is personally interested, direct i or indirectly, in this Contract, or the compensation ! -> be paid hereunder: that no representation, oral or writing, of the City Council, its officers, agents, employees has inducted him/her to enter into th Contract, excepting only those contained in this form Contract and the papers made a part hereof by its term and That this bid is made without connection with any perso _- firm, or corporation making a bid for the same work, a is in all respects fair and without collusion or frau i -, 2. , i Accompanying this proposal is &-wr5 au- -> (Cash, Certified Check, Bond or Cashier's Chec 1 i for ten percent (10%) of the amount bid. 1 1 The Undersigned is aware of the provisions of Section 3700 of t California Labor Code which requires every employer to be insur against liability for workers' compensation or to undertake sel insurance in accordance with the provisions of that code, a agrees to comply with such provisions before commencing t performance of the work of this Contract. 0 \ -2 r a3f-d day of ec+ab , in the On this before me, the undersigned, a Notary Public in and for sard State, person >.. STATE OF CALIFORNIA COUNTY OF a T;3\e9o Notary Public in and for said State ACKNOWLEDGMENT-General-Wolcotts Forrr 233CA-Rev 5 82 ~1982 WOLCOTTS INC (price class 8 21 - 1 BIDDER'S BOND TO ACCOMPANY PROPOSAL 6 1 , i That we , L y&ka7- E.lccfv;e ,mc I( I \ KNOW ALL PERSONS BY THESE PRESENTS: Principal, and J%YT~~CL P!B MFAWV a/= W dt_s&, as Surety ai held and firmly bound unto the City of Carlsbad, California, in i amount as follows: (must be at least ten percent (10%) of the b. amount) rw ZkIlYs-*dd /5;p/ L?dLU&S 6 . /&000.0 c- I -~ ii for which payment will and truly made, we bind ourselves, 01 heirs, executors and administrators, successors or assigns, joint and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if tl proposal of the above-bounden principal for: 1 1 CONSTRUCTION OF FARADAY AVENUE AND COLLEGE BOULEVARD TRAFFIC SIGNAL PROJECT NO. 3339 1 i I -I in the City of Carlsbad, is accepted by the City Council of sa City, and if the above bounden Principal shall duly enter into a execute a Contract including required bonds and insurance polici within ten (10) days from the date of Award of Contract by the Ci Council of the City of Carlsbad, being duly notified of said awar then this obligation shall become null and void; othemise, ; shall be and remain in full force and effect, and the amou specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this k day of SrPrwA'c~ , 1989. Corporate Seal (if Corporation) 0 '1 I individual, it is agreed that the death of any such Principal sha c (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS ATTORNEY IN FACT) AND SURETY MUST BE ATTACHED (ATTACH ACKNOWLEDGEMENT OF ! a (CORPORATE SEAL) -7 1 I _- On this a3 rd day of (? , c bba- , in the y before me, the undersigned, a Notary Public in and for said State, persona +ne i5 , personally I (or proved to me on the basis of satisfactory evidence) to be the person- wh subscribed to the within instrument and acknowledged to me WITNESS my hand and official seal - %3-YG,?%XWCC;3\U Notary Public in and for said State ACKNOWLEDGMENT-General-Wolcotls Form 233CA-Rev 5 82 6,1982 WOLCOTTS INC (price CldSS 8 21 STATE OF CALI FORNlA COUNTY OF SAN DIEGO ss On this 22nd day of SEPTExBER , in the year Iga9 ,be undersigned Notary Public, in and for the State of California appeared JlaGw personally known to me b-+wn-G*-0n-4bo-t3as++ef sudme) to be the person who executed the written instrument < In-Fact on behalf of the Corporation therein named and acknowlc that the Corporation executed it. Given under my hand and the Notary Seal thls 22nd day of - A.D. 19 &g__. My Commission exp ICW Cal 315R(04/86) . I INSU~CIE COMPANY OF THE WEST HOME OFFlCE: SAN OIEGO, CALIFORNIA Certified Copy of POWER OF ATTOR NOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West. ZI Corporation duly authorized and under the laws of the State of California and having its principal office in the City of San Oiego, Callfornia. does hereby n constitute and appoint: Its true and lawful Attorney(r)-in-Fact, with full power and authority hereby Conferred in Its name, place and stead, to real. acknowledge and defiver any and all bonds, undertakings, recognlrances or other written obllgatlons In the nature thereof This Power of Attorney is granted and Is signed and sealed by facslmlle under and by ?he authority of the following 81 adopted by the Board Of Directors of the Insurance Company of the West at a meeting duly called and held on the Stxt February, 1973, which said Resolution has not been amanded or rexinded and of whfch the following Is a true, full, and ( copy: JAMES H. WRIGHT 1,RSLLE HAWN q “RESOLVED: That the President or Secretary may from time to time appoint Attorneysdn-Fact to represent and ac on behalf of tha Company. and elther the Pfssldent or SeCtatarY, the 8oard 01 Dlrectors or Erecutivs Commlttee may at remove such Attorneys-in-fact and revoke the Power of Attorney given him or her;and be It further ‘‘RESOLVEO: That the Attorney-in-fact may be glven full powr to execute for and In the name of and on behalf of the ( any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings exe any such Attorney-ln-Fact shall be as binding won the Company a5 If slgned by the Pfssldent and sealed and atterte Secretary.” IN WiTNESS WHEREOF. Insurance Company of the West has caused its official seal to be hereunto affixed and these PI be slgned by Its duly authorized officers this lOTH DAY OF MARC!^ 1987 0 jj?,+o~~~G Z- 3 +4tmL,\+ 0 INSURANCE COMPANY Of THE WEST cz-355 /%&$-- _.,- -- - C4&0F@ President TATE OF CALIFORNIA ss: On this lOTH DAY OF tmc1I 198$efore the subscriber. a Notnrv Publlc of the State of California. in and for the t San Dlego. duly cornmlssioned and qualified. cam0 I E~S~ aliDv , President of INSURANCE COMPANV OF Tt to me personally known to be the individual and officer described in and who executed the preceding instrument. and hi [edged the executlon of the same, and being by me duly sworn, deposeth and saith. that he is the said officer of the Cc aforesaid. and that the seal affixed to the preceding instrument Is the Corporate Seal of the sald Corporation. and th, Corporate Seal and hi5 signature as such officer were duly affixed and subscribed to the sald instrument by the aut1 direction of the said Corporation. 0 OUNTY OF SAN OlEGO IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my Ofllclal Seal, at the City of San Diego, the da! flrst above written. wwc*c!dFQm &&/A&- Notary Public STATE OF CACIFORNlA ss: COUNTY OF SAN DIEGO 1, the underrlgnedl J*M~ y. M~W- me Secretary of the insurance Company of the West. do hereby certify that the origi OF ATTORNEY. of which the foregoing is a full. true and correct copy, Is in full force and effect. and has not been revoke IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the c this 22ndday Of SEPTEMBER 1989 - a 0. 0 cB ‘4*;* , ,I” ,h Socqetary ‘+a OR*> ICW CAt 37 (REV. 5/82) - -- _. I DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the sub-bids of tf. following listed Contractors in making up his/her bid and that tf. sub-contractors listed will be used for the work for which the 1 bid, subject to the approval of the City Engineer, and 2 1 accordance with applicable provisions of the specifications ax Section 4140 et seq. of the Public Contracts Code - "Subletti1 and Subcontracting Fair Practices Act." No changes may be made : these subcontractors except upon the prior approval of the Cii Engineer of the City of Carlsbad. The following information : required for each sub-contractor. Additional pages can be attachc if required: Items of Full Company Complete Address Phone No. e Work Name with Zip Code with Area Codt Po, %OK 33-33 (3Ic;)BY5- 3c Yjp C~UOW~~, Cfi Q112.23 "3 st~k Stcipi \ -Ld-e.f - 1 2 I 0 i > 8 i I , in the On this &3fd day of c)c kb- before me, the undersigned, a Notary Public in and for said State, person subscribed to the within instrument, and acknowledged to n WITNESS my hand and official seal. *kV37p&S..LWLGdt Notary Public in and for said State. ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev 5-82 C1982 WOLCOTTS. INC lpriceclass 6-21 DESIGNATION OF SUBCONTRACTCm (continued) The bidder is to provide the following information on the subbic of all the listed subcontractors as part of the sealed b: submission. Additional pages can be attached, if required. c ! f t > Type of State Carlsbad Amount Contracting I3us iness of Full Company Name License & No. 1,icense No.* Bid ($ or %: 3bq35 “I I CEO - - I c- 3% I -tnkrstaie EYn-1 D~PG 9~~151 c3 I 1 1 -1 0 * Licenses are renewable annually. If no valid license, indica llNONE.tl Valid license must be obtained prior to submission signed Contracts. ; Bidder’s Company Name qseo %LErC2 -&\Ld. (NOTARIAL ACKNOWLEDGEMENT OF Bidder’s Complete Address EXCEPTION MUST BE ATTACHED.) (CORPORATE SEAL) { 0 >. I SELECT ELECTRIC, INC. Balance Sheet November 30, 1987 ASSETS Year Ended Ye? 11, 2' , Cash in Bank 21,484.15 Cash on Hand 300.00 25 22 Certificates of Deposit 350,924.32 Accounts Receivable - Trade (Schedule A-1, Note lb) 702,361.15 1,07 Advance to Employees 3,028.97 Notes Receivable b (Schedule A-3, Note IC) 26,139 . 21 8 1,67 Current Assets 11/30/86 Cash in Bank-Savings -0- Prepaid Expenses 67,903.51 - Total Current Assets 1 , 172 @ 141 . 31 Fixed Assets (At cost; Note ld) 2 Leasehold Improvements 1,889.00 37 Automobiles & Trucks 245,263.26 3 07 Office Equipment 26~9'1.04 Construction Equipment 270,853.37 344 Less:. Accumulated Depreciation _(425,446.901 (47 Total Fixed Assets i1a~949.77 2 1s TOTAL ASSETS 1,291,091.08 1,893 - > . Unaudited. See Accountant's Review Repor LIABILITIES & STOCKHOLDERS ' EQUITY ! Year Ended Current Liabilities 11/30/86 Accounts Payable - Trade Accrued Expenses - Including Payroll Taxes Payable (1,997.79) Accrued Union Costs Income Taxes Payable (Schedule A-2) 238,748.89 Pension Plan 101,496.54 Miscellaneous Payable -0- Current Portion Long Term Debt 9 0 680.48 13 f 754 .OO 95,999 . 40 Billings in Excess of Estimated Earn- ings on 1ncmplt.Schds. (Sched.B-4) 237,135.34 Total Current Liabilities 694'816.06 1, Loris-Term Liabilities Long-Term Debt (Mote 2) 168,883.19 Less: Current Portion 195.999.40) 1 Total Long-term Liabilities 72,883.79 TOTAL LIABILITIES 767,700.65 L Stockholders' EcTuitv Common Stock Issued 3,000.00 Treasury Stock (40,898.00) ( Retained Earnings (Exbt.B) 561.288.40 - E - - 4 Total Stockholders' Equity 523,390.40 TOTAL LIABILITIES & + STOCKHOLDERS EQUITY 1.291.091.08 u - J - . Unaudited. See Accountant's Reviewed Report *I - BIDDER'S STATEXERT OF FINAHCIAL RESPONSIBILITY e The Undersigned submits herewith a notarized or sealed st^ of his/her financial responsibility. I I < 0 .i I 3 , I Signature (NOTARIAL ACKlWh~E3E~ OF E'XECU"rION WST BE ATTAmD) (COmRLZTE SEAL) 1 0 - '1 I - -nm , in the On this a3rd day of OCj before me, the undersigned, a Notary Public in and for said State, persoi Iss STATE OF CALIFORNIA COUNTY OF 3flnT-J 1 sc;n -RobPtr+ E Chm ow5 , personalli (or proved to me on the basis of satisfactory evidence) to be the person- \ subscribed to the within instrument, and acknowledged to r ?f:,"I.v. SYAL I [\la+'\ C&, ct3 9229 I I 3 36 -42-Ou ! 1 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 0 State of California 1 , being first duly sworn, s ‘7N- a LAP.pis- (Title) \ of 1% \PC t C/I 4Ct;lC I J rT (kame of Firm) the party making the foregoing bid that the bid is not made in tk interest of, or on behalf of, any undisclosed person, partnershiF -3 company, association, organization, or corporation; that the bi is genuine and not collusive or sham: that the bidder has nc directly or indirectly induced or solicited any other bidder to PC on a false or sham bid, and has not directly or indirect] colluded, conspired, connived, or agreed with any bidder or anyor else to put in a sham, bid, or that anyone shall refrain frc bidding that the bidder has not in any manner, directly c indirectly, sought by agreement communication, or conference wit anyone to fix the bid price, or of that of any other bidder, or t fix any overhead, profit, or cost element of advantage against tl’ public body awarding the contract of anyone interested in tl- proposed contract: that all statements contained in the bid ai true; and further, that the bidder has not, directly or indirectlJ submitted his or her bid price or any breakdown thereof, or tk contents thereof, or divulged information or data relative theretc or paid, and will not pay, any fee to any corporation, partnershir company association, organization, bid depository, or to any membc or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true ax correct and that this affidavit w executed on the G23d ay c i 0 , 1989. Jk&E.&\%hbN Bt I( e\CbDCC Signature 0 1 1 CONTRACT - PUBLIC WORKS This agreement is made this 6* day of ,d&md+d , 1989, by an between the City of Carlsbad, California, 6 municipal corporation (hereinafter called vlCityll) , and whose principal place of business is (hereinafter called "Contractor". ) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all WOI 0 Select Electric. InC. GA 93107 4580 Federal Blvd., San Dieqo, specified in the Contract documents for: CONSTRUCTION OF FARADAY AVENUE AND COLLEGE BOULEVARD TRAFFIC SIGNAL PROJECT NO. 33 39 -? (hereinafter called 'Iproj ect") .I i -i 2. Provisions of Labor and Materials. Contractor shall provic all labor, materials, tools, equipment, and personnel t perform the work specified by the Contract documents. 3.. Contract Documents. The Contract documents consist of th: Contract: the bid documents, including the Notice 1 Bidders, Instructions to Bidders' and Contractor: Proposals; the Plans and Specifications, the Specii -1 Provisions, and all proper amendments and changes mac i 1 thereto in accordance with this Contract or the Plans ai ; Specifications, and the bonds for the project; all of whic are incorporated herein by this reference. The Contractor, her/his subcontralctors , and materials suppliers shall provide and install the work as indicated, specified, and impljied 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 through 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 arid 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. i e i 4. Payment. All full compensation for Contractor's performan1 of work under this Contract, City shall make payment to t' Contractor per Section 9-3 of the Standard Specificatio e l! for Public Works Construction. The closure date for eat] monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted accordin1 to the required City format to the City's assigned projec. manager no later than the 5th day of each month. Payment: will be delayed if invoices are received after the 5th o each month. The final retention amount shall not bl released until the expiration of thirty-five (35) day following the recording ofthe Notice of Completion pursuan to California Civil Code Section 3184. 5. Independent Investiaation. Contractor has made a Independent Investigation of the jobsite, the soi conditions at the jobsite, and all other conditions tha might affect the progress of the work, and is aware of thos conditions. The Contract price includes payment for a1 work that may be done by Contractor, whether anticipated o not, in order to overcome underground conditions. An information that may have been furnished to Contractor b City about underground conditions or other job condition is for Contractor's convenience only, and City does no warrant that the conditions are as thus indicated Contractor is satisfied with all job conditions, includin underground conditions and has not relied on informatio furnished by City. Contractor Responsible for Unforeseen Conditions Contractor shall be responsible for all loss or damag arising out of the nature of the work or from the action o the elements or from any unforeseen difficulties which ma arise or be encountered in the prosecution of the work unti its acceptance by the City. Contractor shall also IC responsible for expenses incurred in the suspension c discontinuance of the work. However, Contractor shall nc be responsible for reasonable delays in the completion c the work caused by acts of God, stormy weather, extra work or matters which the specifications expressly stipulate wil be borne by City. 7. Chanse Orders. City may, without affecting the validity o the Contract, order changes, modifications and extra wor by issuance of written change orders. Contractor shallmak no change in the work without the issuance of a writte change order, and Contractor shall not be entitled t compensation for any extra work performed unless the Cit has issued a written change order designating in advance th amount of additional compensation to be paid for the work If a change order deletes any work, the Contract price shal be reduced by a fair and reasonable amount. If the partic are unable to agree on the amount of reduction, the wox shall nevertheless proceed and the amount shall k determined by litigation. The only person authorized t order changes or extra work is the Project Manager. 1 I II 1 u 8 I II b 6. I 8 I 1; 1 1 1 1 The r 1( written change order must be executed by the City Manage] if it is for $15,000.00 or less or approved by the Cit! Council and executed by the Mayor if the amount of th( change order exceeds $15,000.00. 8. Immiqration Reform and Control Act. Contractor shall compl! with the requirements of the "Immigration Reform and Contro: Act of 1986" (8 USC Section 1101-1525). 9. Prevailins Waqe. Pursuant to the California Labor Code, thc director of the Department of Industrial Relations ha: determined the general prevailing rate of per diem wages 51 accordance with California Labor- Code, Section 1773 and copy of a schedule of said general prevailing wage rates i on file in the office of the Carlsbad City Clerk, and i incorporated by reference herein. Pursuant to Californi Labor Code, Section 1775, Contractor shall pay prevailin wagers. Contractor shall post copies of all applicabl prevailing wages on the job site. 1 1 I 1 1 II I I b I 8 II I I 1 I 1 10. Indemnity. Contractor shall assume the defense of, pay a1 expenses of defense, and indemnify and hold harmless th City, and its officers and employees, from all claims, loss damage, injury and liability of every kind, nature an description, directly or indirectly arising from or i connection with the performance of the Contractor or work or from any failure or alleged failure of Contractor t comply with any applicable law, rules or regulation including those relating to safety and health; except fc loss or damage which was caused solely by the acti\ negligence of the City; and from any and all claims, loss damages, injury and liability, howsoever the same may I: caused, resulting directly or indirectly from the nature c the work covered by the Contract, unless the loss or damas was caused solely by the active negligence of the City. TI expenses of defense include all costs and expenses includir attorneys fees for litigation, arbitration, or other disput resolution method. 11. Insurance. Without limiting Contractor's indemnificatior it is agreed that Contractor shall maintain in force at a1 times during the performance of this agreement a policy c policies of liability insurance at least $1,000,000.( combined single limit covering its operations, includir coverage for contractual liability and insurance coveri the liability set forth herein. The policy or policies shall comply with the special insurance instructions in the Supplementary General Provisions and shall contain the following clauses: A. "The City is added as an additional insured as respec operations ofthe named insured performed under contra with the City.'' P 1 "It is agreed that any insurance maintained by the Cit shall apply in excess of and not contribute with insurance provided by this policy.t1 All insurance policies required by this paragraph shal contain the following clause: A. "This insurance shall not be cancelled, limited or non renewed until after thirty (30) days written notice ha been given to the City." ''The insurer waives any rights of subrogation it has o may have, against the City or any of its officers o employees. 'I Certificates of insurance evidencing the coverage require by the clauses set forth above shall be filed with the Cit prior to the effective date of this agreement. 12. Workers' Compensation. Contractor shall comply with tk: requirements of Section 3700 of the California Labor Code Contractor shall also assume the defense and indemnify ar save harmless the City and its officers and employees frc all claims, loss, damage, injury, and liability of eve1 kind, nature, and description brought by any person employe or used by Contractor to perform any work under thi Contract regardless of responsibility for negligence. 13. Proof of Insurance. Contractor shall submit to the Cit certification of the policies mentioned in Paragraphs 10 ar 11 or proof of worker's compensation self-insurance pric to the start of any work pursuant to this Contract. 14. Claims and Lawsuits. Contractor shall comply with tl Government Tort Claims Act (California Government COC Section 900 et seq.) prior to filing any lawsuit for breac of this contract of any claim or cause of action for mont or damages. 15. Maintenance of Records. Contractor shall maintain and mal available at no cost to the City, upon request, records : accordance with Sections 1776 and 1812 of Part 7, Chaptt Contractor does not maintain the records at Contractor principal place of business as specified above, Contractc shall so inform the City by certified letter accompanyil the return of this Contract. Contractor shall notify tl City by certified mail of any change of address of su( records. 16 ., Labor Code Provisions. The provisions of Part 7, Chapt( 1, commencing with Section 1720 of the California Labor Coi are incorporated herein by reference. f B. l 0 1 u I I b t 8 8 I I I I 8 B. s 1, Article 2, of the California Labor Code. If tl P 1 17. Security. Securities in the form of cash, cashier's check or certified check may be substituted for any monie withheld by the City to secure performance of this contrac for any obligation established by this contract. Any othe security that is mutually agreed to by the Contractor an the City may be substituted for monies withheld to ensur performance under this Contract. 18. Provisions Required by Law Deemed Inserted. Each and ever provision of law and clause required by law to be inserte in this Contract shall be deemed to be inserted herein an included herein, and if, through mistake or otherwise, an such provision is not inserted, or is not correct1 inserted, then upon application of either party, th Contract shall forthwith be physfLcally amended to make SUC insertion or correction. 1 I 1 I I I 1 s b I 1 8 I 19. Additional Provisions. Any additional provisions of thi agreement are set forth in the "General Provisions" c llSpecial Provisions" attached hereto and made a part hereof 5EL E CT- ELEC 722 I C) -253 c (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED.) (CORPORATE SEAL) Title ,h^ 42 F-5 1 $2 s YLY BY #Lq& 73 1 gJ,&-G I Title &.l%@ -dPL/eff!-F/ ED AS TO FORM: City Attorney /2-+ 87- ALnL 1__1_-- --------_ I_ --_-- ____1_1_ _-__.-~-- __ll___l ----- lll___ ___.-pI______ On this L- day of n(-j\ W3%-kLQX , in before me, the undersigned, a Notary Public in and for said State, pe l?sw+c. c,m 5 and mnc-k i-9. , perso (or proved to me on the basis of satisfactory evidence) to be the persons within instrument as Piesident and Secretary, respectively, of the Corporat and acknowledged to me that the Corporation executed it pursuant to its b tion of its board of directors WITNESS my hand and of rp -Pres &See -Woicods Form 222CA-Rev 5 82 Notary Public in and for sa:d Stai 1 I CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY "1 am aware of the provisions of Section 3700 of the Labor Cod which requires every employer to be insured against liability fc workers' compensation or to undertake self-insurance in accordanc with the provisions of that code, and I will comply with SUC provisions before commencing the performance of the work of thj Contract. 'I I 1 I I I 1 I b I 1 1 8 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 'I1 am aware of the requirements of the Immigration Reform ax Control Act of 1986 (8 USC Section 1101-1525) and have complic with these requirements, including, but not limited to, verifyir the eligibility for employment of all agents, employees subcontractors, and consultants that are included in th: Contract. It s FiF-(T ch~~~~~ sN 61-- Contractor CONTRACTOR'S CERTIFICATION OF COMPLIANCE I OF AFFIRMATIVE ACTION PROGRAM I hereby certify that in preforming under the Purchase Order awarded by the City ( Carlsbad, will comply with the nty of San Diego AffirmatiT Action Program adopted by the Bo SEL- E c T EbEC-re i CJ, Zfl c-. (Legal Name of Contractor) I Date ---- -I~ _____~ .------. __I__x__ -___ll_l On this A- day of fh'3vhF , in before me, the, undersigned, a Notary Public in and for said State, pc X0-t-r.. CJUL 'rn* 5 and c, , persc (or proved to me on the basis of satisfactory evidence) to be the persons within instrument as President and-hfebiy, respectively, of the Corporal and acknowledged to ine that the Corporation executed it pursuant to its t tion of its board of directors WITNESS my hand and official seal. T=hiYLnud Notary Public in and for sa:d Sta i EXECUTEL IN QUmRIJPLICATE BOND /Ill5 20 33 I ' .:- LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State ( California, by Resolution ~0.89-386 , adopted NOV. 7, 1989 , hi awarded to Select Electric, Inc. (hereinaftf designated as the llPrincipalll), a Contract for: I I 1 1 J I 1 CONSTRUCTION OF FARADAY AVENUE AND COLLEGE BOULEVARD TRAFFIC SIGNAL PROJECT NO. 3339 in the City of Carlsbad, in strict conformity with the drawinc and specifications, and other Contract documents now on file . the Office of the City Clerk of the City of Carlsbad and all ( which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute sa. Contract and the terms thereof require the furnishing of a bo] with said Contract, providing that is said Principal or any ( his/her or its subcontractors shall fail to pay for any material2 provisions, provender or other supplies or teams used in, upon fc or about the performance of the work agreed to be done, or for ai work or labor done thereon of any kind, the Surety on this bo] will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Select Flectric. Lnc , as Principal, (hereinafter designated i the "Contractor"), and INSURANCE COMPANY OF THE WEST as Surety, are held firmly bound unto the Cil of Carlsbad in the sum of Forty Eight thousand. two hundred fiftv six 00/100 * * * * * * * * * * Dollars ($ 48,256.00 ), said sum beii fifty percent (50%) of the estimated amount payable by the City ( Carlsbad under the terms of the Contract, for which payment we: and truly to be made we bind ourselves, our heirs, executors ai administrators, successors, or assigns, jointly and severall! firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person ( his/her subcontractors fail to pay for any materials, provision: provender or the supplies, or teams used in, upon, for, or aboi the performance of the work contracted to be done, or for any othf work or labor thereon of any kind, or for amounts due under tl Unemployment Insurance Code with respect to such work or laboi that the Surety or Sureties will pay for the same, not to excet the sum specified in the bond, and, also, in case suit is brougl upon the bond, a reasonable attorney's fee, to be fixed by tl court, as required by the provisions of Section 3248 of tl California Civil Code. 1 1 f e! d 2 I I i 2 This bond shall insure to the benefit of any and all persons companies and corporations entitled to file claims under Title 1 of Part 4 of Division 3 of the California Civil Code (commencinl with Section 3082). In the event any Contractor above named executed this bond as a: individual, it is agreed the death of any such Contractor shall no. exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by thc Contractor and Surety above named, on the 1989. c r I I I 13T~ day of NOVEMBER B (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) 1 (CORPORATE SEAL) t J 1 --~ _--^_-------- - ~ 1-1 ~ --.- "__l___-.-l ~-L.---"--- .-1--.-11 1 On this \ 5 clay of nm Urp\k%r , in the before me, the undersigned, a Notary Public in and for Said State, person, m!Qlgc3 70hi:rt k. Cku and - , personally (or proved to me on the basis of satisfactory evidence) to be the persons who within instrument as President and Sewekwy, respectively, of the COrPoratlOn tt and acknowledged to me that the Corporation executed it pursuant to its by-law tion of its board of directors WITNESS my hand and official seal cj-&yji- -3?u-QArk42hJ Notary Public in and for sa:d State ACKNOWLEDGMENT-Ccrp -Pres & SeC -WOlcotls Form 222CA-Rev 5 82 01982 WOLCOTTS INC __i_____ ____-_1_- --_1____1___1--- -_____--_1111_----- ~I~- STATE OF CALIFORNIA COUNTY OF ~SXD~op- On this 13th day 01 NoVEMBER , in the year 1989 ss undersigned Notary Public, in and for the State of Califorc appeared _-___ LESLIE HAWN - personally known to me -(w-Qiwef+-te-me-err-the-k?s+i ~UlderceS. to be the person who executed the written instrumen In-Fact on behalf of the Corporation therein named and ackno\ that the Corporation executed it. Given under my hand and the Notary Seal this1= day of - A.D. 19 &9-. My Commission expires I BOND fll5 20 33 Premium: $907.00 I EXECUTED INQUADRUPLICATE c PERFORMANCE BOND I L 3" i I KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State c California, by Resolution No. 89-386 , adopted 11/7/89, has award€ to Select Electric, Inc. , (hereinafter designated 2 the "Principalt'), a Contract for: 03 I I I I ,.. 1 1 I :1 I 3 1 1 0 1 CONSTRUCTION OF FARADAY AVENUE AND COLLEGE BOULEVARD TRAFFIC SIGNAL PROJECT NO, 3339 in the City of Carlsbad, in strict conformity with the contract the drawings and specifications, and other Contract documents nc on file in the Office of the City Clerk of the City of Carlsbz all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute saj Contract and the terms thereof require the furnishing of a bor for the faithful performance of said Contract; NOW, THEREFORE, WE, Select Electric, InC. , as Principal (hereinafter designated as the "Contractor1') , and INSURANCE Corn1 OF THE WEST , as Surety, are held and firm1 bound unto the City of Carlsbad, in the sum of Ninety six thousand ), said sum beir equal to one hundred percent (100%) of 'the estimated amount of tk Contract, to be paid to the said City or its certain attorney, it successors and assigns; for which payment, well and truly to k made, we bind ourselves, our heirs, executors and administrators successors or assigns, jointly and severally, firmly by thes presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above boundc Contractor, his/her or its heirs, executors, administrators successors or assigns, shall in all things stand to and abide bi and well and truly keep and perform the covenants, conditions, ar agreements in the said Contract and any alteration thereof made E therein provided on his/her or their part, to be kept and performc at the time and in the manner therein specified, and in a1 respects according to their true intent and meaning, and shal indemnify and save harmless the City of Carlsbad, its officers ar agents, as therein stipulated, then this obligation shall becon null and void; otherwise it shall remain in full force and virtu€ As a part of the obligation secured hereby and in addition to tk face amount specified therefore, there shall be included costs ar reasonable expenses and fees, including reasonable attorneys fees incurred by the City in successfully enforcing such obligation, a1 to be taxed as costs and include in any judgement rendered. I I five hundred twelve and 00/100Dollars ($ 96,512.00 ) 1 I 1 __ 1 @ And said Surety, for value received. hereby stipulates and agrec that no change, extension of time, alteration or addition-to tl terms of the Contract, or to the work to be performed thereundc or the specifications accompanying the same shall affect il obligations on this bond, and it does hereby waive notice of ai change, extension of time, alterations or addition to the terms ( the Contract, or to the work or to the specifications, In the event that any Contractor above named executed this bond i an individual, it is agreed that the death of any such Contract( shall not exonerate the Surety from its obligations under th: bond. IN WITNESS WHEREOF, this instrument has been duly executed by tl Contractor and Surety above named on the 13th day of NOVEMBER 1989. I I I I 1 (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER 3 MUST BE ATTACKED.) 1 (CORPORATE SEAL) - INSURANCE COMPANY OF THE WEST By : Surety Leslie Ham - Attorney-In-Fac 1 1 _II_____~ ~---~-- ---- "-l__l__ -"~- -I ~-___ l--l--..llll--l- -I ----- ~~I-- -.- day of naLcknbr , in the y On this \ 5 before me, the undersigned,, a Notary Public in and for said State, persona Iss rnb€,C+ c. c -l%lnilu5 - and , personally I (or proved to me on the basis of satisfactory evidence) to be the persons who within instrument as President and See&wy, respectively, of the Corporation thc and acknowledged to me that the Corporation executed it pursuant to its by-law! tion of its board of directors WITNESS my hand and official seal Lb e--- v)?&'ct7vY-Q $?L * iW2.R. ACKNOWLEDGMENT-Corp -Pres & Sec -Wolcotts Form 222CA-Rev 5 82 Notary Public in and for said State I - --~ ~__I- ___I_I___L_____I____III1- 3- STATE OF CALI FORNIA COUNTYOF SAN DIEGO-- .t 1989 ss On this 3 day 01 undersigned Notary Public, in and for the State of Californ appeared --- LESLIE HAwN personally known to me k-mf+-**e*4e-kk-T pdence). to be the person who executed the Written instrumen In-fact on behalf of the Corporation therein named and acknov that the Corporation executed it. NOVEMBER - , in the year Given under my hand and the Notary Seal this1= day of - A.D. 19 &9-. My Commission expires 3- 1-93 rl ICW Cal 315R(04/86) INSURANCE C~M’ANY OF ‘X’XiE WESI HOME OfF1CE: SAN OIEGO. CALlFC)RN(A Ccnified Copy of POWER OF ATTORNEY T ALL MEN BY THESE PRESENTS: That the tnrurance Company of tffte West. a Corporation duly authorized and ,..“er the laws of tho State of California and havlnp its principal office in the Clty of San Diego, Callfornla. doer hereby nc constitute and appoint: Its true and tawfu! Attorney(s)in-Fact. wlth full power and authority hereby conletred tn Its name. place and stead. to seal. acknowledge and deliver any and all bonds. undertakings. recognizances or other written Obllg&tlOoS In the nature thereof. Thlr Power of Attorney is granted and Is signed and sealed by fdcrlmlle under and by the authority of the following 80 adopted by the 8oard of Oiractors of the tnsurance Company of the West at a meeting duly called and held on the Slxtt Februacy, 1973. whlch sdld Resolution has not been amended or rescinded and of whlch the following Is a true, full. and c copy: JAMES H- lJRlCHT LESLIE HAW *Y “RESOLVED: That the President or Secretary may from time to time appoint Attorneys-ln-Fact to reprasent and act on behaIf of the Company. and elther the Resident or Secretary. the 8oard of Ofrectors or Executlvs Comrnlttee may at 4 remove such Attorneys-In-Fact and revoke the Power of Attorney given him or her;and be it further “RESOLVEO: That the Attorney-In-fact may be glven full power to execute for and In the name of and on behalf of the C any and all bonds and undertakings as the business of the Company may requlre, and any such bonds or undertakings CK~C any such Attorney-in-fact shall be as binding upon the Company as if rlgned by the President and sealed and attestec Secretary.“ IN WITNESS WHEREOF. Insurance Commny of the West has csuscd Its officiat seal to be hereunto affixed and these pri b.9 signed by its duly authorized officers thls 1OTH DAY OF NARc€l 1987 INSURANCE COMPANY OF THE WEST 0 y,...“p%-- 4e.a ~4fIfo$$+ \\*e 2 -+ __. 4/!?2&&$-- %- President STATE OF CALIFORNtA ss: UNTY OF SAN DlEGO Y On this lOTH DAY OF ~~c~~ lgsaefore the subscriber. a Notaw PIrblic of the State of Callfornia. in and for the C San Dlego. duly commissioned ma quaiified. came 1 E~S~ n_sDy , President of INSURANCE COMPANV OF 7H t4 me Pdrsonally known to be the iodividual and officer described in and who executed the preceding instrument. and he [edged the executlon of the same. and being by me duly sworn. deposeth and saith. that he Is the sard offlcer of the COI afoterafd. and that the seal afflxed to the preceding instturned Is the Corporate Seal of the sald Corporation. and that Corporbte Seal and his signature as such officer were duly affixed and subscribed to the sald instrument by the authc dlrectlon of the sald Corporation. 1N WtTNESS WHEREOF. 1 have hereunto set my hand and affixed my Offlclat Seal. at the CRy of San Diego, the day flrst above written- wm ttwc.cu$?4w *-bw** +,- 2& Notary Public STATE OF CALlFORNlA 5s: COUNTY OF SAN OlEGO 1, the undersigned4 JMI v. *y:*l*- *II- Secretacy of the Insurance Comoany of the West. do hereby certify that the orlgini OF ATTORN€.Y. of which the foregoing is a full. troe and correct copy, Is lo fult force and effect. and has not been revoked. tN WtTNESS WHEREOF. I have hereunto subsctibed my name as Secretaqf, and affixad the Corporate Seal of the CO thlj 13thday of NOVEMBER I989 - - , c(Q +4#<*, ,\” 2 SOC~at8~ -- %QR*y * ICW CAL 37 (REV. 5/82] _-- -. San Diego, CA 92120 1 CIWBN? ;- 1 LFTTEW Century National Insurance I COWAN? 7 LEnrp i, Select Electric, Inc. 4580 Federal Blvd., San Diego, CA 92102 EXPLOSION & COLLAPSE HAZARD PRODUCTSICOMPLETEO OPEPATIONS INDEPENDENT CONXACTORS I BROAD FORM 2EOPERM DAMAGE PERSONAL INJURV ALL OWI\IED AUTOS (PRIV PASS ) ALL OWNED AUTOS (Fky$R,$&$N) NOM-OWNED AUTOS GARAGE LIABILITY BAP 35426 ____ VJORI<ERS* ceiwmsx;oh **$500.collision on '89 Ford F250 Pickup #4985 PROJECT: FARADAY AVENUE Carlsbad, CA 92008-1989 - >b 1 - * GOLDEN EAGLE INSURANCE COMPANY e This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated below: Endorsement effective: 11-7-89 Policy no.: CCP 09 06 75 Named insured: SELECT ELECTRIC I INC- This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE PRIMARY INSURANCE ENDORSEMENT It is agreed that such insurance as is afforded by this policy for the benefit of CITY OF CARLSBAD , and SELECT ELECTRIC, INC. shall be primary insurance as respects any claim, loss or liability arising out of SELECT ELECTRIC, INC. operations, or by its independent contractors for which SELECT ELECTRIC, INC. is found to be liable and which liability applies to the special contract under which SELECT (Insured) ELECTRIC, INC.has agreed to perform specific oDerations, and any other insurance maintained by CITY OF CARLSBAD , shall be excess and non-contributory with the insurance provided here under. a e * ' wo This obottrmcnl fks 8 pul 01 th policy lo which 11,kW. eklivt on the mccplion &lo ol lhr polity unleu othrrwiw rtalrd hrrin. tndotmcnt dltctiH .11- 7 - 8 9 rOkno. CCP 09 06 75 hdonrmtnl No. 1 (Iha ldMy idwmdh h rqmlrrl ody rhrcr IMc du& k kwr( wbupud Io pmpuatba rl pdky.) SELECT ELECTRIC, INC., AND RuHERT C&~AHBEKS, AN JANET CWBERS, AN INDIVIDUAI hnlmpd bl Wlmdlmurd' Mdilionrt ?rnwm 8 -~JD~T (Aulhorud Reprcwnlrlivo) lhir cndormml nodifia wch inwnncc n is afforded by Ihc provisions d lhc policy rrlrticl( to lhr lolloriq: COMPREHENSIVE GENERAL LlABlLlW INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE , * * ADDITIONAL INSURED (DIMlt (I kntrrdn) , City of Carlsbad FARADAY AVENUE AND CO' . ATTN: Ruth Fletcher, Purchasi-ng Officer BLVD., PROJECT NO. 33 1200 Carlsbad Village Drive schdah Carlsbad, CA 92008-1989 . nmurlP~UOr(~ (M(HId Inad) laJthdtrrrr(~rllm .. .. wmB8sa btn lhrclhdm hl IF ANY $100 d tort -I SUBJE Td8l klv8MI Pfmh * AUDI- 1. lha "PcrlMI) Insurd" prevision h mendad Io Inchdo rs en lwd Ihc peaon or oqanirrliun tumfd tbdn (hrinrftr dkd "Mitioml is bul only with fespacl lo liability witiry wl d (1) 6pmliom pedorrned lor Ihc rddilioful imurwl by Ihc named iwwd d Ik.ktrti drripli or (2) acts 01 miuiom d Ihc addilmnrl insurd in connrclion with his (tnrrd luprtrition of urch optr8liont. 2. NOM 61 Ih adushs d Iha @icy. nupl atlush (0, (t). (I). (11, (I), (1) and (m), apply lo lhir imurancc. I TO Wily Iniury Lirbillly $loo d totl colt IPANY a ' hPpnlrDwnrlMw ._ 8 Itiayrwdtkt: ' 3. WWW Ldulbm TIir inwnmc dm ad ,ppb e (e) lo wrt: hbq or p?qs?ty Cmqa 6wrrlq rna (1) all uub on Ih pcojrd (0th lhrn wvk% mcin(mncc 01 rrpcin) lo ba pdmd by u )(I Hll J IRC Jdithd inwid rt Ik I cwrd opmliim hu bm tompldd of (2) that palkn d HH wwd kr8d'r h oul d which Ih injury I damrto uiur h8s ktn prl le ih intended uw by rwy pmOa Y orr olhu IhM 8nolW contr~Ior ef wbcontraclor erqycd in ptrlofmiq opctrliow too a principal u 8 pad d Ih me projwl: (b) lo kdwy hb!y I prw dunye Jridy out d cny ad or mirtion d \he oddlt~ond lwd u mny (I hh unplqm, olkr Ih8n (em don d mL pdwmd lor lh rddilionrl imure4 by Ihc nm(( Inrurd; ,. (c) lo r& dmqe lo . (I) prom mnrd Y ucupkl by w ranled lo Ihc Jdiliord imurd. (2) propdl used by Ik rddilional iraurd, (3) prom in tln cuc cudodl & mtrd d Ih rddiliorul lnrurcd Y n lo which lh addiliod iwrd k Iu y purpocc aweiin codrd, or (4) wrh ptrl#;nJ !of Ih addilionrl inwrad by Ihc aund Imunl. 4. AddWud DWIh WMn uwd in rdMtmc lo lhir ImurarKi, "wh" IMludn mtlnuh antr rrJ %ipned turnirlwl in mlmtion lhrtcrilh a CL 20 09 01 73 SSLED AS A MATrEa 0;; iNFOWUAT%Obl ORhY k owcliffe’s Insurance Agency 525 Mission Gorge Rd., Ste.G an Diego, CA 92120 $ ‘&F$=QRDiXG CQDJERAGJE olden Eagle Insurance Corn 4580 Federal Blvd., San Diego, CA 92102 ______ PRODUCTS/COMPLETED OPERATIONS INDEPENDENT CONTRACTORS CCP 09 06 75 8-15-89 8-15-90 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJUR ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS ($Ly;R&,tN> NON-OWNED AUTOS GARAGE LIAEILIN WORKERS’ CQBWENSWTIOK 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 this certificate may be issued. TYPE OF POLICY CERT. EXP. DATE* [7 CONTINUOUS POLICY EXTENDED NUMBER R POLICY TERM WORKERS' COMPENSATION 04/01/90 WC2-161-029998-019 d LT W z 'c 0 CLAIMS MADE RETRO DATE @m 5 r 0 OCCURRENCE 8 SPECIAL/EXCL. ENDORSEMENTS > OOWNED Ot a4 s$ NON-OWNED J HIRED LIMIT OF LIABILITY COVERAGE AFFORDED UNDER W.C. LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident $500,000 $500,000 $500,000 Bodily Injury By Disease CALIFORNIA Bodily Injury By Disease General Aggregate-Other than Products/Completed Operations Products/Gmpleted Operations Aggregate Bodily Injury and Property Damage Liability Persorial and Advertising Injury Other EACH ACCIDENT-SINGLE LIMIT-B.I. EACH PERSON EACH ACCIDENT -I OROCCURRENCE $ E W I 6 PAWAY AVENUE AND COLLEGE BLVD. *If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration da 2 'I I 1 I 1 I I I b I I I I 1 I I I OPTIONAL ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between tl- City of Carlsbad whose address is 1200 Elm Avenue, Carlsbac California, 92008, hereinafter called l°Cityll and whose address is hereinafter called I1Contractort1 and whose address is hereinafter called "Escrow Agent. !I For the consideration hereinafter set forth, the Owner, Contractc and Escrow Agent agree as follows: t 1. Pursuant to Section 22200 of the Public Contract Code tl State of California, Contractor has the option to deposj securities with Escrow Agent as a substitute for retentic earnings required to be withheld by City pursuant to tk Construction Contract entered into between the City ax Contractor for in the amount of dated (hereinafter referred to as the lPContractll). A copy of sa: contract is attached as Exhibit 11A11. When Contractc deposits the securities as a substitute for Contrac earnings, the Escrow Agent shall notify the City within tc (10) days of the deposit. The market value of tl securities at the time of the substitution shall be at lea: equal to the cash amount then required to be withheld i retention under the terms of the Contract between the Cil and Contractor. Securities shall be held in the name oj and sha: designate the Contractor as the beneficial owner. Prior 1 any disbursements, Escrow Agent shall verify that tl present cumulative market value of all securitit substituted is at least equal to the cash amount of a: cumulative retention under the terms of the Contract, The City shall make progress payments to the Contractor fc such funds which otherwise would be withheld from progre! payments pursuant to the Contract provisions, provided thi the Escrow Agent holds securities in the form and amoui specified above. Alternatively, the City may make payments directly to Escrc Agent in the amount of retention for the benefit of the Ci. until such time as the escrow created hereunder terminated. 2. 3. P I 2 4. Contractor shall be responsible for paying all fees for th expenses incurred by Escrow Agrent in administering th escrow account. These expenses any payment terms shall b determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money marke accounts held in escrow and all interest earned on tha interest shall be for the sole account of Contractor an shall be subject to withdrawal by Contractor at any time an from time to time without notice to the City. Contractor shall have the right to withdraw all or any pax of the principal in the Escrow Account only by writte notice to Escrow Agent accompanied by written authorizatic from City to the Escrow Agent that City consents to tk. withdrawal of the amount sought to be withdrawn k Contractor. The City shall have a right to draw upon the securities j the event of default by the Contractor. Upon seven (7) daq written notice to the Escrow Agent from the City of tk default of the Contractor, the Escrow Agent shal immediately convert the securities to cash and shal distribute the case as instructed by the City. 8. Upon receipt of written notification from the Cit certifying that the Contractor has complied with a1 requirements and procedures applicable to the Contract Escrow Agent shall release to Contractor all securities ar interest on deposit less escrow fees and charges of tl Escrow Account. The escrow shall be closed immediately upc disbursement of all monies and securities on deposit ar payments of fees and charges. I E I i; I I P I E 1 I I I P E I 6. 7. 9. Escrow Agent shall rely on the written notifications frc the City and the Contractor pursuant to Sections 4 to t inclusive, of this agreement and the City and Contract( shall hold Escrow Agent harmless from Escrow Agent's relear and disbursement of the securities and interest as set for1 above. P 2 The names of the persons who are authorized to give writte notices or to receive written notice on behalf of the Cit and on behalf of Contractor in connection with th foregoing, and exemplars of their respective signatures ar as follows: For City: Title I i 1 i 1 'I 1, r 8 I I e II 10 e t Name 1 Signature Address For Contractor: Title Name Signature 1 Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City ar Contractor shall deliver to the Escrow Agent a full executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement 1: their proper officers on the date first set forth above. For City: Title Name Signature Address For Contractor: Title Name Signature I Address t I 2 E RELEASE FORM THIS FORM SHALL BE SUBMITTED WITH ALL PlROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges payment in full fo all compensation of whatever nature due the Contractor for a1 labor and materials furnished and for all work performed on th above-referenced project for the period specified above with th exception of contract retention amounts and disputed claim specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ 1 i I I 1 m 1 I, 1 1 1 t il 1. BY t DISPUTED CLAIMS DESCRIPTION OF CLAIM AMOUNT CLAIMED The Contractor further expressly waives and released any claim tl- Contractor may have, of whatever type or nature, for the peric specified which is not shown as a retention amount of a dispute claim on this form. This release and waiver has been mad voluntarily by Contractor without any fraud, duress or undL influence by any person or entity. Contractor further certifies, warrants, and represents that a1 bills for labor, materials, and work due Subcontractors for tk specified period have been paid in full and that the partif signing below on behalf of Contractor have expressed authority t execute this release. DATED : PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) I BY I 2 I SUPPLEMENTARY GENERAL PROVISIONS 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words llshown, It "indicated, I! "detailed, 1t I1noted, 11 llscheduled, or words of similar import are used, it shall be understood tha reference is made to the plans accompanying these provisions unless stated otherwise. B. Directions: Where words "directed, It "designated, It I1selected, VI or words c similar import are used, it shall be understood that the directior designation or selection of the Engineer is intended, unless state otherwise. The word llrequiredll and words of similar import shal be understood to mean Ifas required to properly complete the WOI as required and as approved by the City Engineer," unless state otherwise. C. Equals and Approvals: Where the words llequal, )I "approved equal, VI llequivalent, I( and SUC words of similar import are used, it shall be understood such word are followed by the expression "in the opinion of the Engineer, unless otherwise stated. Where the words "approved," l'approval, 11acceptance,11 or words of similar import are used, it shall k understood that the approval, acceptance, or similar import of tl: Engineer is intended. I I I I 1 1 1 b P c c I I D. Perform and Provide: The word "perform1I shall be understood to mean that the Contract01 at her/his expense, shall perform all operations, labor, tools ax equipment, and further, including the furnishing and installing c materials that are indicated, specified or required to mean thz the Contractor, at her/his expense, shall furnish and install tl work, complete in place and ready to use, including furnishing ( necessary labor, materials, tools, equipment, and transportatiox I 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his m approved representative t I 2 L! 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work are the Standard SDecificatior for Public Works Construction, 1985 Edition, the 1986 supplement and the January, 1986 Standard Special Provisions, hereinafte designated SSPWC, as issued by the Southern California Chapter c the American Public Works Associat-ion, and these Genere Provisions. The Construction Plans consist of 1 sheet(s) designated as Cit of Carlsbad Drawing No. 301-3. The standard drawings utilized fc this project are the latest edition of the San Dieqo Area Reqionz Standard Drawinss, hereinafter designated SDRS, as issued by tl San Diego County Department of Public Works, together with the Cit of Carlsbad Supplemental Standard Drawings. Copies of pertiner standard drawings are enclosed with these documents. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with tl: product manufacturer's direction, the Contractor shall obtain ai distribute the necessary copies of such instruction, including ti (2) copies to the City. To Section 2-5, add: 2-5.4 Record Drawinqs: The Contractor shall provide and keep up-to-date a complete Ira: built'' record set of transparent sepias, which shall be correct( daily and show every change from the original drawings ai specifications and the exact llas-builtll locations, sizes and kin( of equipment, underground piping, valves, and all other work nc visible at surface grade. Prints for this purpose may be obtainc from the City at cost. This set of drawings shall be kept on tl job and shall be used only as a record set and shall be deliverc to the Engineer upon completion of the work. 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or h appointed representative. The Engineer shall have free access any or all parts of work at any time. Contractor shall furbi Engineer with such information as may be necessary to keep her/h fully informed regarding progress and manner of work and charact of materials. Inspection of work shall not relieve Contractor fr any obligation to fulfill this Contract. 1 1 I 1 I 1 1 b SI I I 1s 1 I 1 I t I. 3 Modify Section 4-1-4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency wil bear the cost of testing materials and/or workmanship where th results of such tests meet or exceed the requirements indicated i the Standard Specifications and the Special Provisions. The cos of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of h materials shall be approved by him before the delivery is started All materials proposed for use may be inspected or tested at an time during their preparation and use. If, after trial, it i found that sources of supply which have been approved do no furnish a uniform product, or if the product from any source prove unacceptable at any time, the Contractor shall furnish approve material from other approved sources. After improper storage handling or any other reason shall be rejected. All backfill and subgrade shall be compacted in accordance wit the notes on the plans and the SSPWC. Compaction tests may be mad by the City and all costs for tests that meet or exceed th requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deeme necessary by the Engineer. The costs of any retests made necessar by noncompliance with the specifications shall be borne by th Contractor. Add the following section: 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming t the plans or specifications upon written order by the Engineer Any cost caused by reason of this nonconforming work shall be born by the Contractor. 5-1 LOCATION I i 1. I I 8 I C I I B I 1 I II I Add the following: The City of Carlsbad and affected utility companies have, by search of known records, endeavored to locate and indicate on th Plans, all utilities which exist within the limits of the work However, the accuracy of completeness of the utilities indicate on the Plans is not guaranteed. 5-4 RELOCATION Add : The temporary or permanent relocation or alteration of Utilities including service connection, desired by the Contractor for his/he own convenience shall be the Contractores own responsibility, an' P I e .. he/she shall make all arrangements regarding such work at no cos to the City. If delays occur due to utilities relocations whic were not shown on the Plans, it will be solely the City's optic to extend the completion date. In order to minimize delays to the Contractor caused by the failui of other parties to relocate utilities which interfere with tl: construction, the Contractor, upon request to the City, may 1 permitted to temporarily omit the portion of work affected by tl: utility. The portion thus omitted shall be constructed by tl: Contractor immediately following the relocation of the utili1 involved unless otherwise directed by the City. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor p( Section 6-1 of the SSPWC at the time of the preconstructic conference. No changes shall be made to the construction schedu: without the prior written approval of the Engineer. Any progre! payments made after the scheduled completion date shall nc constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal ( relocation of conflicting utilities shall be requirements prior 1 commencement of work by the Contractor, 1 I I I I I I b 3 I P 8 8 I 1 I 6-7 TIME OF COMPLETION The Contractor shall begin work within 10 calendar days aftc receipt of the "Notice to Proceed" and shall diligently prosecui the work to completion within 90 consecutive days after the dai of the Notice to Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between tl hours of 7:OO a.m. and sunset, from Mondays through Fridays. TI contractor shall obtain the approval of the Engineer if he/sl desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with tl written permission of the Engineer. This written permission mu: be obtained at least 48 hours prior to such work. The Contract( shall pay the inspection costs of such work. rp 3 1 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing c a "Notice of Completion1' and any faulty work or material discovered during the guarantee period shall be repaired c replaced by the Contractor, at his expense. 1 I I 1 1 I b 6-9 LIOUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessc the sum of $ 300 per day for each day beyond the completion dat as liquidated damages for the delay. Any progress payments mac after the specified completion date shall not constitute a waivc of this paragraph or of any damages. 7-3 LIABILITY INSURANCE and 7-4 WORKERS' COMPENSATION Modify Sections 7-3 and 7-4 as follows: I SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of tl contract insurance against claims for injuries to persons ( damages to property which may arise from or in connection with tl performance of the work hereunder by the Contractor, his agent: representatives, employees, or subcontractors. If the insuranc is on a llclaims made" basis, coverage shall be maintained for period of three years from the date of completion of the work. TI cost of such insurance shall be included in Contractor's bid. TI insurance company or companies shall meet the requirements of Cif I I Council Resolution No. 8108. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/7 covering Comprehensive General Liability; and Insurani Services Office form number GL 0404 covering Broad Fo Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/7 covering Automobile Liability, Code 1 "any autot1; and the State of California and Employers' Liabili Insurance. I I 1 8 I 1 3. Workers' Compensation as required by the Labor Code r I L - B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combine single limit per occurrence for bodily injury ar property damage. If the policy has an aggregate limit a separate aggregate in the amounts specified shall 1 established for the risks for which the City or it agents, officers or employees are additional insured. I I I 1 1 I b u ! I I I 1 It 2. Automobile Liability: $1,000,000 combined single lim: per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Worker: compensation limits as required by the Labor Code of tl State of California and Employers' Liability limits ( I $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declarf to and approved by the City. At the option of the Cit] either: the insurer shall reduce or eliminate su( deductibles or self-insured retentions as respects the Cit] its officials and employees; or the Contractor shall procu: a bond guaranteeing payment of losses and relatc investigation, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, tl following provisions: t 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees and voluntee are to be covered as insured as respects: liabili arising out of activities performed by or on beha of the Contractor; products and complete operatio of the Contractor; premises owned, leased, hired borrowed by the Contractor. The coverage sha contain no special limitations on the scope protection afforded to the City, its official employees or volunteers. The Contractor's insurance coverage shall be prima insurance as respects the City, its official employees and volunteers. Any insurance or sel insurance maintained by the City, its official employees or volunteers shall be in excess Contractor's insurance and shall not contribute wi it. b. r 1 c. Any failure to comply wi.th reporting provisions c the policies shall not affect coverage provided t the City, its officials, employees or volunteers. d. Coverage shall state that Contractor's insuranc shall apply separately to each insured against whc claim is made or suit is brought, except wit respect to the limits of the insurer's liability, 2. Workers' Compensation and Employers' Liability Coveragc The insurer shall agree to waive all rights ( subrogation against the City, its officials, employe( and volunteers for losses arising from work performed 1 Contractor for the City. 1 1 I 1 I 1 I b II I 8 11 1 8 1 I 3. All Coverages Each insurance policy required by this clause shall I endorsed to state that coverage shall not be suspendec voided, cancelled, reduced in coverage or in limil except after thirty (30) days' prior written notice I certified mail, return receipt requested, has been givt to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:XI unless otherwise authorized by City Council Resolution No. 8108. F. Verification of Coveraqe Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms provided by the City and are to be received and approved by the City before work commences. G. Subcontractors Contractor shall include all subcontractors as insured und its policies or shall furnish separate certificates a endorsements for each subcontractor. All coverages f subcontractors shall be subject 'to all of the requiremen stated herein. t 1 c - 7-5 SURVEYING Contractor shall employ a licensed land surveyor or register€ civil engineer to perform necessary surveying for this project Requirements of the Contractor pertaining to this item are st 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. 1 ' 7-6 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utili26 during the construction under this contract. The Contractor sha: contractor shall include the cost of water and meter rental with: appropriate items of the proposal. No separate payment will 1 made. 1 8 I 1 I I, I I I 8 8 I 1 1 contact the appropriate water agency for requirements. TI P 3t TRAFFIC ENGINEERING SPECIFICAT IONS TRAFFIC SIGNAL AND SAFfTY LIGHTING FACILITIES 1 General The Contractor shall furnish a?l tools, equipment, materials, suppljes and manufactures articles and shall perform a? 1 operations necessary to construct traffic signal and street lighting facilities as shown on the drawings and as specified herein. Reference Specifications and Standard Plans 1. Standard Specifications - Except as modified herein, materials and installation shall conform to the California Standard Specifications, January, 1988. All references in this section to "Standard Specifications" shall be understood to be referenced to the Calu'fornia Standard Specifications. 2. Standard Plans - Except as modified herein, all references in this section to "Standard Plans" shall be understood to be referenced to the California Standard Plans, January, 1988. 3. Codes, Ordinances, and Regulations - All electrical materials and equipment furnished and installed under this section shall conform to the referenced regulations and codes specified ' in Section 86-1.02 of the Standard Specifications, and to all other ordinances, specifications, standards and regulations of the authorities having jurisdiction. 1 I 1 1 I I b II P 1 8 8 I 1 I I De sc r i pt i on Furnishing and installing traffic signals, lighting and sign illumination systems and payinent, therefore, shall conform to the provisions in Section 86, "Signals and Lighting," of the Standard Specifications. Traffic signal work is to be performed at the following intersection: 1. COLLEGE BOULEVARD AND FARADAY AVENUE t 1 3' Underground Utilities Contractor shall call Underground Service Alert at (800-422-4133) 48 hours before digging for location of underground uti 1 i ties. Attention is directed to all the conditions of Section 5 of the Standard Specifications. Attention is directed to the existence of certain hazardous underground uti 1 i ty l ines within the construction area which include (but not limited to) natural gas and electrical. Prior to doing any other work in a given construction area, all hazardous underground utility lines in that area will be either "pot holed" or exposed by the uti l i ty owner( s) . Foundations Foundations for electroliers, standards, posts, and pedestals shal l conform to the applicable provisions in Section 86-2.03, "Foundations ,I' of the Standard Portland cement concrete shail conform to Section 90- 10 , "Minor Concrete," of the Standard Specifications and shall contain not less than 564 pounds of cement per cubic yard, unless authorized by the Engineer. Standards, Pedestals and Posts Standards, steel pedestals, and posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts ,I' of the Standard Specifications , the Standard Plans, and these Provisions. The location of all standards shall be strictly in accordance with the dimensions of the plans, and as i approved by the Engineer. Conduit Conduit shall conform to the provisions of Section 86-2.05 of the Standard Specifications, except as amended herein. Non-metallic type conduit shall not be used unless specifically noted on the construction plans, 3 I l 8 1 b I I 1 I I 1 I 1 I Specifications and these Provisions. t m 3I All conduit runs under roadways shall' be by approved boring jacking or drilling methods. Conduit runs in A.C. or dirt parkways may be placed in open cut with permission from the Engineer. Compaction shall be as specified by Field Engineering. Duct sealant satisfactory to the Engineer shall be applied around underground conduit terminating inside the traffic controller cabinet at the point where the conduit enters the cabinet to prevent moisture intrusion. All conduit wiring and location of conduit wiring runs shall be to the satisfaction of the Engineer. Pull Boxes Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these Provisions. Plastic pull boxes shall not be used. Standard Plan Drawing ES-8, Note 4-a.5 and b.9 shall not apply. The pull boxes shown on the plans are to be installed as a minimum. The Contractor may, at his own expense, install additional or large pull boxes to facilitate his work with the approval of the Engineer. Pull boxes shall be No. 5 unless noted otherwise on the construction plans . Pull boxes shall not be installed in any part of a driveway, wheelchair ramp or other traveled way unless specified by the Engineer. Conductors and Wi rinq Conductors and wiring shall conform to the provisions in Section 86-2.08,. "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these _Bonding and Groundinq Bonding and grounding shall conform to the provisions in Section 86-2.10, "Bonding and Grounding," of the Standard Specifications and these Provisions. I 1 I II 1 I b 8 1 I 8 I B 1 I I Provisions, r I 31 Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the standard or pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. Service Service shall conform to the provisions in Section 86-2.11, "Serivce," of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer, in writing, at least 15 calendar days in advance of the date on which he desires any service connections or disconnects to be made. The Contractor shall be entitled to no extension of time or other compensation for any delay to this operation resulting from his failure to give the prescribed notification. The fourth paragraph of Section 86-2.11 is amended as follows: It shall be the Contractor's responsibility to verify the location of and to make arrangements for and to pay for a17 costs to provide the necessary connection for the traffic signal and lighting sys tem. If service equipment cabinet design deviates in any way from the details shown on the plans, details of such deviation shall be submitted to the Engineer for review and approval before fabrication of the contract cabinets. If deemed necessary by the Engineer, one complete prototype cabinet shall be delivered to the Engineer for review at least 15 days before fabrication of the contract fixtures. The prototype cabinet will be returned to the Contractor and, if permitted by the Engineer, the cabinet may be Electrical service shall be painted the same color and type of paint as controller cabinet. Testing Testing shall conform to the provisions in Section 86-2.14 Vesting," of the Standard Specifications and these Provisions. I I 1 8 1 I I b I 8 1 I 1 I I 8 installed in the work. P 1 4( II The Traffic Engineer shall be notified at least 72 hours prior to the intended "turn-on" and beginning of functional test. Turn-on of the new traffic signal system shall not be on, nor shall the five (5) day functional test start on a Friday, Saturday, Sunday, holiday or any day The Contractor shall arrange to have a signal technician qualified to work on the controller and employed by the controller manufacturer or his representative, present at the time the equipment is turned on during the first day of the functional test, and upon completion of field installation. Prior to turn-on, all equipment, and wiring as shown on the plans, shall be installed and operable. A qualified representative from the contractor shall be present to imnediately correct any deficiencies (i .e. , loop wiring, signal wiring, head adjustments, etc.) that are discovered subsequent to the turn-on. All louvers, hoods and signal heads shall be directed to provide proper visibility. All signs, striping and pavement markings as required on the plans shall be in place prior to turn-on. Payment for conformance to Section 86-2.14 "Testing" shall be included in the contractor's bid and no additional compensation will be allowed. Solid-state Traffic Actuated Controllers Solid-state traffic actuated controller units, cabinets and auxilliary equipment shall conform to the provisions in Section 86-3, "Controllers" of the Standard Specifications and these Special Provisions. Model 170 Controller Units shall conform to the requirement in "Traffic Signal Control Equipment Specifications" dated April, 1978, issued by the State of California, Department of Transportation, and to latest addendums thereto current at the time of project adverti sing . Model 170 Controller Units shall include Model 400 Modem. Model 170 Controller units shall conform to the requirements for Model 332 and 336 cabinets in said "Traffic Signal Control Equipment Specjfications," and addendums thereto. t I preceeding a hol iday. 1 u 8 1 I 8 I 1 1 I 8 1 1 e t I 4 The controller cabinet shall be fabricated of aluminum sheet per Section I 86-3.07A "Cabinet Construction" of the Standard Specifications. Painting of the cabinet will not be required. Sl'gnal Faces and Signal Heads Signal faces , signal heads, and auxi 1 iary equipment B as shown on the plans, and the installation thereof shall conform to the provisions in Section 86-4.01, "Vehi cl e Si gnal Faces, 'I Section 86-4.02, "Di rectional Louvers, 'I Secti on 86-4.03, "Bac kpl ates , 'I and Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these Provisions. Plastic housing, visors, and backplates, will not be permitted. All lamps for traffic signal units shall be provided by the contractor. The lamps shall be Duro-Test or an approved equal and the cost of the lamps shall be included in the lump sum. All lenses shall be glass. All signal faces shall be 12-inch. Pedestrian Signals Pedestrian signals shall conform to the provisions in Section 86-4.05, 'Pedestrian Signal Faces," of the Standard Specifications and these Provisions. Pedestrian signals shall be Type G 120 V. Solid State. The signal shall have a sun screen of "Z crate I' pl a st i c . The display shall be the international symbol message with a Portland Orange, "Hand" and Lunar Whi te "Wal king Person. 'I Detectors Detector loops and amplifiers shall conform to the provisions in Section 86-5 "Detectors" of the Standard Detector loops shall consist of 3 Type 1 loop wire. Detector loop configuration and location shall be installed as shown on the construction plans. Loop detector layout shall be verified in the field by the Engineer prior to installation by the contractor. Loop detector lead-in cable (DLC) shall be Type 6. All detector loop wires shall be joined as specified in Section 86-2.09C of the Standard Specifications or as approved by the Engineer. 1 B I I R 1 I) 1 1 1 I I 8 I 8 8 Specifications and these Provisions. t 1 4; Loop conductors and sealant shall be installed on the same day as the loop slots are cut. Holes larger than 4 inches across left in the pavement due to loop installation shall be filled with asphalt concrete hot mix. Pedestrian Push Buttons Pedestrian push buttons shall conform to the provisions in Section 86-5.02 "Pedestrian Push Buttons ,'I of the Standard Speci f i cati ons and these Provisions. Pedestrian push buttons shall be Type ''B''. The entire push button housing shall be metal. High Intensity Discharge Luminaires Luminaires shall conform to the provisions in Section 86-6.01r "High Intensity Discharge Luminaires," of the Standard Specifications and these Provisions. The luminaires to be installed shall be 200 watt, 22,000 lumen, 120 volt cut-off type high pressure sodium vapor with integral constant wattage ballast and Type IV photoelectric control. The luminaires shall be furnished with lamps, photoelectric control units, and detachable power unit assemblies. The power unit assembl ies shall contain the ball ast , starter board, capacitors, and a heavy duty terminal The luminaire shall provide true ninety-degree (90 degree) cut-off with no light emitted above the horizontal. The lower edge of the luminaire housing shall extend below the light source and a?? glassware. A clear, flat, heat and impact resistant lens shall be provided. Glare shields external to the luminaire will not be accepted. The luminaire optical assembly shall be sealed, water-tight, and filtered to prevent contamination from infdltration of gaseous and particular matter. The lamp socket shall be factory pre-set to produce a medium cut-off IES Type I11 light distribution. The optical assembly door shall be designed to prevent the door from swinging free of the hinge pins when opened. Internally Illuminated Street Name Signs Internal ly I1 1 uminated street name signs shall conform to the provisions in Section 86-6.05 "Sign Lighting Fixtures Fl uorescent" of the State Standard 1 B 8 I 1 I 1 b I I 8 8 I I 1 1 block. t Specifications and these Provisions. ! 4 The internally illuminated street name sign units (ISNS) shall be Type A. The sign legends shall be white on green with 8-inch uppercase. Minimum copy size for the legend shall be Series C with Series D or E copy being used where message length permits. Details of color, style, borders, and spacing shall conform to the standards established by the State of . California, Department of Transportation. "Periods" shall not be used on abbreviations. The full size layout for each 'legend shall be submitted to the City Engineer for approval prior to fabrication. Illuminated street name sign fixtures shall have Type IV photoelectric control. Photoelectric Controls Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls," of the Standard Specifications, and these Provisions. The photoelectric -controls shall be Type IV for each individual luminare and for illuminated street name sign. Payment Payment shall conform to Section 86-8.01, "Payment," of the State Standard Specifications and these Provisions. The lump sum bid price for each signal improvement shall include such items as traffic control and maintaining existing electrical systems necessary to complete the project. The acceptance of salvaged material by the contractor will not be paid for as extra work in addition to the Painting Traffic Striping and Pavement Markings - Pavement Markers All work shall conform to detail drawings as shown on the plans and as specified in this section of the Standard Specifications and these Special Provisions. All existing striping and marking not in conformance with the plans shall be removed by wet sandblasting. I t I 8 I 1 1 I b 1 I ill I 8 I lump sum bid prices. 8 lr I 1 1 Pavement markers shall be installed per Section 85 of Pavement for these works shall be included in the signing and marking bid item as shown in the Proposal Schedule. Traffic Signing All work shall conform to detail drawings as shown on the plans and as specified in Section 56-2 of the a CalTrans Standard Specifications. Payment for this work shall be included in the signin and marking bid items as shown in the Proposa Schedule, I the CalTrans Standard Specifications. No other compensation will be allowed, t I II li I I b I I 1 8 8 I I 1 ? No additional compensation will be allowed, f v’~vI I t,~ I I - UWN’I SAY ”! 1D * -_ - Date (da @Reply Wanted UNO Reply Necessary ‘*y=) Re: Bond Release - & UT% ruLN, bond for the ++ Our records indicate that thya above-referenced subdivision/project v is eyigible for release. We need your written authorizationlapproval for release. the status, and if release is 0.k. Please let me know & 2 //J--J&33 ~d+z% 9 Thanks, Y- kT&z P n AIGNER FORM NO 5m2 +J &, 1 ’V’qITE IT- DON’T SAY I-T! e Date Ldd - To a Reply Wanted From Karen Kundtz, Ass ONo Reply Necessary Re: Bond Release - *&&”-i. - : 3237- /c;, vfl Our records indicate that the q-w- above-referenced subdivisionlproject is eligible for release. your written authorizationlapproval for release. the status, and if release is 0.k. bond for the We need Please let me know +** G/, Thanks, 062-Ak &2? //3-2”4.3 gf #<2Jz 2 Y- L&.d* G1ga Lz.4Gz AIGNER FORM NO 55432 PRIt I 38 0 Recording requested by: 1 ) CITY OF CARLSBAD 1 1 When recorded mail to: 1 1 City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Dnve 1 1 Space above for Recordeis Use Carlsbad, CA 92008 Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. NOTICE OF COMPLETION The undersigned is owner of the hterest or estate stated below in the property here described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Dnve, Carlsbad, Cali 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was com leted on 9-1 The property on which said work of improvement was completed is in the City of Cai County of San Diego, State of Califorma, and is described as follows: The intersecti (1) Palomar Airport Road and College Boulevard and (2) Faraday Avenue and C Boulevard, Project No. 3339 (Traffic Signals) The street address of said property is NONE. The name of the contractor, if any, for such work of improvement is Se PI ect Electric 8. VERIFICATION OF ClTY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on , 19p0, accepted the above descnbed work as completed and ordered that a No1 I declare under penalty of perjury that the foregoing is true and correct. Executed on o&. / 0 - /4 Completion be filed. J 7 , 192 at Carlsbad, California. CITY OF CARLSBAD a* & City Clerk EXHIBIT 3 0 W 1 i October 18, 1990 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: Notice of Completion - 3671 and 3677 Maria Lane (street, sewer and storm drain improvements) - Prentice Development Company Notice of Completion - Monroe Street and Marron Road from Marron Road to I Way - Project 3308 - (street improvements) - Commercial Contractors, Inc. Notice of Completion - Palomar Airport Road and College Boulevard and Far Avenue and College Boulevard - Project No. 3339 (traffic signals) - Select Ele Inc . Our staff has determined that the recordation of these documents is of benefit to the I therefore it is requested that the fees be waived. Thank you for your assistance in this matter. 1 &fLt@Lx/h LINDA K. COTA Secretary 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-280 * 0 0 1 Recording requested by: 1 1 CITY OF CARLSBAD 1 1 When recorded mail to: 1 1 City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Drive 1 9 1 Space above for Recordefs Use Carlsbad, CA 2008 Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. NOTICE OF COMPLETION The undersigned is owner of the interest or estate stated below in the property here described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, Cali 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was com leted on 9- The name of the contractor, if any, for such work of improvement is Se I; ect Electric The property on which said work of improvement was completed is in the City of Ca; County of San Diego, State of Califorma, and is described as follows: The intersecti (1) Palomar Airport Road and College Boulevard and (2) Faraday Avenue and C Boulevard, Project No. 3339 (Traffic Signals) The stleet address of said property is NONE. 8. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on , 19a, accepted the above descnbed work as completed and ordered that a No1 I declare under penalty of perjury that the foregoing is true and correct. Executed on o&. / 0 - /& Completion be filed. 17 , 192U at Carlsbad, California. CITY OF CARLSBAD 1 kGi%?cd City Clerk EXHIBIT 3