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Signal Maintenance Inc; 1997-08-22; 3503
Recording requested by: MAR 31~ 1998 11:3~ AM CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 493 OFFICIAL RECORDS ·=W-i 11 ! Egq rn1 l~JT',J ~·Ermr;Er;,' C: l-i'FCTfi[-ut .I, JJ~ ._.u ·-:WU!',11 I\ W--1· . .LJ 1-.. iJ I .i.lJ: GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 111111111 \UI 11111 IU U 1998-0176227 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated belovv in the property heieinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on February 10, 1998. 6. The name of the contractor, if any, for such work of improvement is Signal Maintenance, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Monroe Street and Chestnut Avenue Street Lights Project No. 3503. 8. The address of said property is within the limits of the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on i/lJIUZ.C H cP.. LJ Th , 1998, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ,J1AP..L H ,2 '7 ik. , 1998, at Carlsbad, California. CITY OF CARLSBAD Exhibit 3 ·, CITY OF CARLSBAD PROJECT: #3503, MONROE/CHESTNUT STREET LIGHTING CONTRACT CHANGE ORDER NO. 2 CONTRACT NO. 3503 P.O. NO. P103997 ACCOUNT NO. 3007000 9060 35031 900 CONTRACTOR: __ =S'-=IG'-'-N=-A=L'-'-M=A...:.:.I.:...a.NT..:...:E=N-'-'-A-'-'-N-'-'C=-=E=--c.,...I N'-=C'-'-. _________ _ ADDRESS: ---~9~9~3=2 ~P-'--R=O-=S-'--P=E-=-C~T-'--A~V=E~N-=-U=E~, S~U-l~TE~1-'--34~------- SANTEE CA 92071 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.3, Agreed Prices, SSPWC 1997, perform the following: Item 1: Extend underground conduit and wiring 25 feet from pull box. Work to be performed for the lump sum price of $308.85. Increase to contract cost.. ........................................................... $ 308.85 TOT AL INCREASE TO CONTRACT COST ............................................. $ 308.85 #3503, MONROE/CHESTNUT STREET LIGHTING Change Order No. 2 Page 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: LAJ? { c?ae 1~W; PRINCIPAL CONSTR. INSPECTOR (DAtE) co~ (DATE) (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) . 4 - CITY OF CARLSBAD PROJECT: #3503, MONROE/CHESTNUT STREET LIGHTING CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. 3503 P.O. NO. P103997 ACCOUNT NO. 3007000 9060 35031 900 CONTRACTOR: __ ~S~IG~N_A_L~M~A-=--IN~T~E=N~A~N~C~E~IN~C_. _________ _ ADDRESS: ___ __;9=-=9=3=2-=--P...:....R=O=S...:....P=E-=C-=--T...:....A:....:..V=E.:.....:.N-=U=E"'--', S:....;U=-..:.I-=--TE=---=-1 =-34_,__ ______ _ SANTEE CA 92071 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-1, Changes Requested by the Contractor, SSPWC 1997 edition, the following is agreed to: Item 1 : Increase contract time from 45 working days to 55 working days at no additional cost to the City. Increase to contract cost ...................................................................... $ O TOTAL INCREASE TO CONTRACT COST ....................................................... $ 0 • #3503, MONROE/CHESTNUT STREET LIGHTING Change Order No. 1 Page 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 10 WORKING DA VS. RECOMMENDED BY: APPROVED BY: L.~. I { fd,d< 1irf ,/n PRINCIPAL CONSTR. INSPECTO (DATE) ~.,:.., ~ t/Jel"i. t' FIANcE DIRECTOR (DATE) DISTRIBUTION: &:ILE (ORIGINAL) MONlRClE STREET AND CH:ESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 Signal Maintenance, Inc. I I ,. I I I I I I le I I I I I I I •• CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR MONROE STREET AND CHESTNUT A VENUE STREET LIGHTING CONTRACT NO. 3503 April 3, 1997 I O 2/26/97 Contract No. 3503 Page 1 of 67 Pages - May 7, 1997 ADDENDUM NO. 1 Cit~ of Carlsbad- M£n ik416ih i h· 1 •l§ ~Li 41 I ,t§ 0 I RECEIVED ti' . l~Y: BID/PROJECT NO. 3503 --MONROE STREET AND CHESTNUT STREET LIGHTING Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1200 Carlsbad Village Drive• Carlsbad, CA 92008-1989 • (619} 434-2803 • FAX (619) 434-1987 - May 7, 1997 ADDENDUM NO. 1 MONROE STREET AND CHESTNUT STREET LIGHTING CONTRACT NO. 3503 The bid opening date for the above project has been changed as follows: Original Bid Opening Date: NEW BID OPENING DATE: Project Manager May 14, 1997 JUNE 30, 1997 - City of Carlsbad •@!ii§ ;evJ ,,,. I •14-Eii I ,,t§;11 June 20, 1997 ADDENDUM NO. 2 BID/PROJECT NO. MONROE STREET AND CHESTNUT STREET LIGHTING, CONTRACT NO. 3503 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. LETCHER Pur_chasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 1200 Carlsbad Village Drive• Carlsbad, CA 92008-1989 • (760) 434-2803 • FAX (760) 434-1987 - - - City of Carlsbad M#iU·ii,t44Qi;VM•l4·i¥iiii,t4hl JUNE 19, 1997 ADDENDUM NO. 2 MONROE STREET AND CHESTNUT STREET LIGHTING CONTRACT NO. 3503 The following changes and corrections have been made to the above project: Substitute all five (5) sheets of project plans with the attached revised plans. The major changes are shown as clouded areas on the substituted plans. The bid opening date for the above project has been changed from June 30, 1997 to July 10, 1997. If you have any questions please call the undersigned at (760)438-1161 extension 4385 , P.E. Project Manager 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ! - - - City of Carlsbad M #! ikd ,Et---1 ih·l•l§ ·61 ;;;,t§hl July 9, 1997 ADDENDUM NO. 3 RE: CONTRACT NO. 3503 --MONROE STREET AND CHESTNUT STREET LIGHTING· Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 1200 Carlsbad Village Drive• Carlsbad, CA 92008-1989 • (760) 434-2803 • FAX (760) 434-1987 - City of Carlsbad M=iiU ii ,t44Qiit·l•l4·ki#i; ,t4iii JULY 9, 1997 ADDENDUM NO. 3 MONROE STREET AND CHESTNUT STREET LIGHTING CONTRACT NO. 3503 The following additions & clarifications have been made to the specifications: 1. Light pole standard: Prestressed ornamental round concrete pole with exposed aggregate 2. Light pole mast arm length: 8 foot 3. Conductor size: 4. Photo Electric Controls. No. 10 copper wire Type IV 5. Omit sections: 86-6.07 A, 86-6.078, 86-6.078 (1 ), 86-6.078 (2), 86-6.078(3) and 86-6.078(4) regarding other types of Photo Electric Controls, on pages 64 & 65. 6. The bid opening date for the above project has been changed from 4:00 p.m., July 10, 1997, to 4:00 p.m. on July 17, 1997. If you have any questions please call the undersigned at 438-1161 extension 4385 (;J PATEN 2075 Las Palmas Dr. •Carlsbad, CA 92009-1576 •(619) 438-1161 • FAX (619) 438-0894 PURCHASING ID:7604341 JUL 10'97 7:54 No.003 P.02 r - - City of Carlsbad MiUUiet44iiii11•151Ziihit5h• JULY 9, 1997 ADDENDUM NO. 3 MONROE STREET AND CHESTNUT STREET LIGHTING CONTRACT NO. 3503 The following additions & clarifications have been made to the specifications: 1. Light pole standard: Prestressed ornamental round concrete pole with exposed aggregate 2. Light pole mast arm length: 8 foot 3. Conductor size: 4. Photo Electric Controls. No. 10 copper wire Type IV 5. Omit sections: 86·6.07A, 86-6.078, 86-6.078 (1), 86-6.07B (2), 86-6.078(3) and 86-6.078(4) regarding other types of Photo Electric Controls, on pages 64 & 65. 6. The bid opening date for the above project has been changed from 4:00 p.m., July 10, 1997, to 4~00 p.m. on July 17. 1991. If you have any questions please call the undersigned at 438-1161 extension 4385 2075 Las Palmas~Dr. • Carlsbad, CA 92009-1578 • (619) 438-1161 • FAX (6i 9) 438·0894 PURCHASING ID:7604341987 JUL 10'97 7:54 No.003 P.01 , I. -City of Carlsbad M 41 • ta lit-Ji ifJ1•24 ¥Si I fi ,t§ ,ii July 9, 1997 ADDENDUM NO. 3 RE: CONTRACT NO. 3503 •• MONROE STREET ANO CHESTNUT STREET LIGHTING Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 1200 Carlsbad Village Drive• Carlsbad, CA 92008-1989 • (760) 434-2803 • FAX (760) 434-1967 I I •• I I I I I I le I I I I I I I ,. I TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................................................................ 1 CONTRACTOR'S PROPOSAL ...................................................................................................... 8 BID SECURITY FORM ................................................................................................................. 12 BIDDER'S BOND TO ACCOMPANY PROPOSAL ...................................................................... 13 GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERA TOR/LESSOR & AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS ......................................... 15 DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID ............ 17 DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERA TOR/LESSOR WORK ..................................................................................................... 18 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ..................................................... 19 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................... 20 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ............................. 21 BIDDER'S STATEMENT OF RE-DEBARMENT ......................................................................... 22 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD .................................................... 23 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ................................................................................... 25 CONTRACT PUBLIC WORKS .............................................. : ...................................................... 26 LABOR AND MATERIALS BOND ................................................................................................ 33 FAITHFUL PERFORMANCE/WARRANTY BOND ...................................................................... 35 REPRESENTATION AND CERTIFICATION ............................................................................... 37 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ................................................................... 38 ~ \.1 2/26/97 Contract No. 3503 Page 2 of 67 Pages I I •• I I I I I I le I I I I I I I •• I SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS ............................................................... .41 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS ............... 61 Contract No. 3503 Page 3 of 67 Pages I I ,. I I I I I le I I I I I I I •• I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 14 day of May, 1997, at which time they will be opened and read, for performing the work as follows: MONROE STREET AND CHESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction 1997 Edition, hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed, properly executed and notarized are: Contract No. 3503 Page 4 of 67 Pages I I •• I I I I I I le I I I I I I ,, •• I 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Certificate of Insurance 9. Bidder's Statement Re Debarment 10.Bidder's Disclosure Of Discipline Record 11.Purchasing Department Representation and Certification 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $39,000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: C-10 in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777 .5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'' for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. Contract No. 3503 Page 5 of 67 Pages I I ,. I I I I I I le I I I I I I I •• I All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. ln case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Bonds to secure faithful performance and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. l'\ • ., 2/26/97 Contract No. 3503 Page 6 of 67 Pages I I, •• I I I I I I le I I I I I I I -I I The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No 97-443 adopted on the 15th day of APRIL , 19 97 . Date Contract No. 3503 Page 7 of 67 Pages I I •• I I I I I I I . -I I I I I I I •• I CITY OF CARLSBAD MONROE STREET AND CHESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3503 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. 1 Description Street light pole, luminair foundation, wiring, conduit runs between the light pole and adjacent pullbox, excluding conduit and pullboxes complete in place and operating at 7 Approximate Quantity and Unit LS Unit Price Total amount of bid in numbers: · $ JS-: S 60 ~ J Price(s) given above are firm for 90 days after date of bid opening. Op~ec:/ v,.t~~c/ ;.1~&rvig:;;/ jL~- Contract No. 3503 Page 8 of 67 Pages ~ I •• I I I I I I le I I I I I I I ,. I Addendum(a) No(s). _________ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license.number 6z79JI I , classification t!-IO . which expires on JO -g !-~-'? , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _.,_o ....... ~~-~__,_,_ ________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 3503 Page 9 of 67 Pages I I ,. I I I I I I le I I I I I I I •• I IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. _____________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business ________________________ _ (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. ______________ _ IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _Y, __ /6_N_4-L ___ IY/_A-_/._N_Tc:::-N_ .... _A--N __ tl_L __ _ {Title) Impress Corporate Seal here Contract No. 3503 Page 10 of 67 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • ~~~~~&;<"~~~~@~~~~~~,e¢~£s>~~@&:;Q~~, ~ ,· State of C~l Polf:_~t,ft,·-~ 1 ..• ,>··i· (, Countyof (.._~_f_CJ_'·-~_··-~_f __ ~_-________ ~ ..__.,, <;;, D, ··-\A/, ~ {) /r,'\;l,. 1 . A !{)< .• II,, \. ~· ( ( On ,-~ c., ~ l I before me, ......, «fa~ t.::.J \/\~, \ '¥r \[1 )t.;;,~'"----2 ~ Date , r-. () : , ). ,, .-.:->--· Name and Title of Officer (e.g., "Jane Doe, Notary Public") ~ personally appeared t,...;_-t:;.__~~)~ -.) , 0(5f~" , ~ / Name(s) of Signer(s) ~ "@'personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) I whose name(s) is/are subscribed to the within instrument ~~.• and acknowledged to me that he/she/they executed the 7, same in his/her/their authorized capacity(ies), and that by @ his/her/their signature(s) on the instrument the person(s), ~ or the entity upon behalf of which the person(s) acted, ·~ executed the instrument. ~ ~ \ Signature of Notary Public '\" OPTIONAL'----.......... ---------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ___________ _ D Partner -D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ___________ _ D Partner -0 Limited D General D D D D Attorney-in-Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ~ ~ ~ ~ ~ ~ ~ ~ ~ I I @ ~ ~ ~ g ~ ~ ~ ~ ~ 1.;:.: ~{> ~ I ~ I ~ ·~ ~ @ 1 Signer Is Representing: Signer Is Representing: I I -----------I ~ ilf ~~~'§K,.'Q<;..'Q<;..'@>@&'%"Q<o~~~'§R,..'§'8&'§%'§0~~~~'§R;.'Q(.~~~'@;,"Q<o~~~ © 1995 National Notary Association• 8236 Remme\ Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I I •• I I I I I I le I I I I I I I •• I (3) Incorporated under the laws of the State of _________ _ (4) Place of Business (Street and Number) City and State __________________________ _ (5) Zip Code ________ Telephone No. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Contract No. 3503 Page 11 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _________ -'-----------------_______________________ dollars($ ______ _,, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) l\ • .., 2/26/97 Contract No. 3503 Page 12 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, Signal Maintenance Inc. , as Principal, and Continental Casualty Company as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) 10% of Bid Amount for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: MONROE STREET AND CHESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. -~ "-1 2/26/97 Contract No. 3503 Page 13 of 67 Pages I I •• I I I I I I le I I I I I I I •• I In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond . Executed by PRINCIPAL this / / day of MMj , 19Jlt. Executed by SURETY this _2_0_th ___ day of PRINCIPAL: 5];.t,µ,4-1.. f/4NJ7GAJA-/Ve.€...-, ..J,.._ c.__... (print name here) ~IP~ ~6AIAt.. /1411oJ7, Twt!. (Title and Organization of Signatory) ,,-~ r \ / ~'" \ ,\ ,i\ / ( r -..__:, / \J' . \ __,-By: , ,~. ~ (sign\~ere) \ \ ' . James "R. TJrnmpson (print name here) Assistant Secretary (title and organization of signatory) May , 19_2..L_. SURETY: Continental Casualty Company (name of Surety) 3700 Crestwood Parkway, NW, Duluth, GA 30136 (address of Surety) 770-279-3655 (telephone number of Surety) By: kiw. .. ~, }:r1W~ (signature of Attorrliy-in-Fact) Sandra J. Mathis (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledge.of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney ~· By: I JANE M ALDI Deputy ~ey Contract No. 3503 Page 14 of 67 Pages CAl:.IFORNIA ALL-PURPOSE ACKNOWLEDGMENT I ~ . ~ I' R ~ J I ' . l.' personally appeared *********** Leroy .I Ogg, .Jr & .James R Ibampsao ****************************** Name(s) of Signer(s) C:Xpersonally known to me -OR -C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) •are subscribed to the within instrument and acknowledged to me that ~they executed the same in 'iliilili/their authorized capacity(ies), and that by I · ii 'their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ___________ _ D Partner -D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ D Partner -D Limited C General D Attorney-in-Fact D Trustee D Guardian or Conservator ::J Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here f. I I I , Signer Is Representing: Signer Is Representing: I-~ ~ -------I L___~~ © 1995 National Notary Association• 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE ~ COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania ~corporation (herein collectively called ''the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Edward L. Mitchell, C. A. Driver, Sandra J. Mathis, Sandra S. Carter, Catherine M. Lindsay, Individually of Atlanta, Georgia their true and lawful Attorney(s}-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature · -In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 19th day of February , 1996 -State of Illinois, County of Cook, ss: CONTINENTAL CASUAL TY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA M.C. Vonnahme Group Vice President On this 19th day of February , ~. before me personally came M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUAL TY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; 0 that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. • My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE I, John M. Littler , Assistant Secretary of CONTINENTAL CASUAL TY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of May 199 7 . (Rev.7/14/95) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA John M. Littler Assistant Secretary .. Authorizing By-Laws and Resolutions ADOPTED BY·THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors - of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secrntary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI-Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such A instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any tirrl9' revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile t~ any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the W Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with re.-spect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." I I •• I I I I I I le I I I I I I I -I I GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Special Provisions to this Contract especially, "Bid", "Bidder'', "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor'' and "Work" and the definitions in section 1- 2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by other than the Contractor's own organization will be rejected as non- responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the Work. All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in the line of the form must be entered under the column "0/0 of Item by Sub" or "0/0 of Item by O+O" as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of. the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case may be, installing them. The value of material incorporated in any Subcontracted or Owner Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any part of the portion of the work that the Contractor is required to perform with its own organization. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form page of each type so duplicated. Contract No. 3503 Page 15 of 67 Pages I I •• I I I I I I le I I I I I I I •• I Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row pertains. This option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and these Special Provisions. The decision of the City Council shall be final. Contract No. 3503 Page 16 of 67 Pages I I •• I I I I I I le I I I I I I I •• I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: ____________________ _ Complete Address: __________________________ _ Street City State Zip Telephone Number plus Area Code: _____________________ _ California State Contractors License No. & Classification: _____________ _ Carlsbad Business License No.: _____________________ _ Bid Bid Price %of % of Total Bid Bid Price %of %of Item of Item Item by Contract Item of Item Item by Total No. Sub No. Sub Contract Page __ of __ pages of this form Contract No. 3503 Page 17 of 67 Pages I I •• I I I I I I le I I I I I I I •• I DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK The Bidder MUST complete each information field on this form for each owner operator/or Lessor (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Except for the individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition of Owner Operator/Lessor. Full Owner Operator/Lessor Name: ____________________ _ Complete Address: _________________________ _ Street . City State Zip Telephone Number plus Area Code: ......_ __ .,__ _____________ _ City of Carlsbad Business License No.: __________ _ OWNER OPERATOR/LESSOR WORK ITEMS Bid Bid Price %of % of Total Bid Bid Price %of % of Item of Item Item by Contract Item of Item Item by Total No. O+O No. O+O Contract Page __ of __ pages of this form Contract No. 3503 Page 18 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. . Au bf e/0/ /4aohl 6 v~ / /~ __ > Contract No. 3503 Page 19 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. ,_ Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract f'J Nb O IN 6' 8 ~,"~ J ~ .Jct/Jvv G/U-6 '•:::l-:nu,£:1 LJ 6 tJ--r fu ~ ,.;;-rO~o / ,1 ~7/9e,t.,A -;;LA ~- /J.t L/J/ I IL (J l'H-j~? J!c L-.4 A/ ;4- ~Ll.ALL ('t.l-14-0,e!.4 kJ"-r~L-16~ ~jtm5 /-0 /'YJA-J,lf../7/:::~,,-, AL Ctt't'o/ ()? s ,r...)~ ~r,U-br j l6~ , 61Vl,.,01 ,J 6.. /,/ ii LL fM.-:.,,1'5 ": ½~M A......-A MM IV'1"' JAl$771-z, Contract No. 3503 Page 20 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer's Liability Automobile Liability Workers Compensation 2. Statement With an insurance carrier's notarized signature stating that the carrier can, and upon . payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. •'\ .. .., 2/26/97 Contract No. 3503 Page 21 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S STATEMENT RE DEBARMENT {To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by · another jurisdiction in the State of California? / yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency period of debarment 1 U:er>y .J. {)t,6, ~ ~sr)>6--r- (print name/title) party debarred agency period of debarment {'\ • ., 2/26/97 Contract No. 3503 Page 22 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 1 O years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? / yes no 2. Has the suspension or revocation of your contractors license ever been stayed? ./ yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? / yes no 4. Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the WoJ-' ever been stayed? yes no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) ., f.+;' 2/26/97 Contract No. 3503 Page 23 of 67 Pages I I •• I I I I I I le I I I I I I I •• I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (Attach additional sheets if necessary) BY CONTRACTOR: 5};6t.A-L-/J11J-1 ~~~ T AA2-. . (nam~ By.~~ td'(;r J. 066,~e ~&~ ,ti€~ (print name/title) Contract No. 3503 Page 24 of 67 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a, l'. I,' State of County of On •·-. c;-(>. --.A-; /) ,f'~_f AA Jc ~ l -t. (:, -i I before me, --111 1 ir·-£S r,,,,, ~. · ,\ 1-;rO · 1 \J -:;c) ' Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") , -r-.PC~ ' r)tr ./ personally appeared lr ~-""'-1.,, • -.:.:-1 r,./ .;,.--5 , , Name(s) of Signer(s) ~rsonally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE .. ~~~~~. nd a. nd offic .. ial seal. / . "·, 1, /1 //\ /" I " l \, ·· ==~- \ \~ ~ \ Signature of Notary Public OPTIONAL-··-·,..,,.,..._) _________ _ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ D Partner -D Limited C General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ___________ _ D Partner -D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1995 National Notary Association• 8236 Remmet Ave., P.O. Box 7184• Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876·6827 I I •• I I I I I I le I I I I I I I •• I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California County of ) ) ss. ) _____________________ , being first duly sworn, deposes (Name of Bidder) and says that he or she is _______________________ _ (Title) of ----------------------'------------(Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced· or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any-member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the ______ day of ____________ , 19 __ . Subscribed and sworn to before me on the _____ day of _________ , 19 __ . (NOTARY SEAL) Signature of Notary ., t..., 2/26/97 Contract No. 3503 Page 25 of 67 Pages I I •• I I I I I I le I I I I I I I •• I CONTRACT PUBLIC WORKS and SIGNAL MAINTENANCE, INC. whose principal place of business is __ 2_2_83_V_I_A_B_U_R_T_O_N_S_T_R_E_E_T_,_A_N_A_H_E_IM_,_C_A_9_2_8_0_6 ________ (hereinafter called "Contractor''). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MONROE STREET AND CHESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances 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 and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. {'\ • ., 2/26/97 Contract No. 3503 Page 26 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Contract No. 3503 Page 27 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. {A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. -~ '-1 2/26/97 Contract No. 3503 Page 28 of 67 Pages I I •• I I I I I I le I I I I I I I •• I (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability, Employers' Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, employers' liability and auto liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (E) Deductibles And Self-Insured Retention (S.1.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (F) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (G) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403 . Contract No. 3503 Page 29 of 67 Pages I I -I I I I I I I le I I I I I I I •• I {I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements 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 approved by the City and are to be received and approved by the City before the Contract is executed by the City. (J} Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a}, (c}, (d). Notwithstanding the provisions of this section· of the contract, all claims shall comply with the Government. Tort Claim Act (section 900 et seq., of the California Government Code} for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B} False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, .3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. I have read and understand all provisions of Section 11 above. ,, • ., 2/26/97 Contract No. 3503 Page 30 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 12. Maintenance of Records. Contractor .shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Contract No. 3503 Page 31 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: · Lerg_y.~_Q~ Jr., President · (prlnt name and title) If\ , ..J' f By: ~}l(/'~__/ '~~ L,_ LA' (sign here) CITY the St t j t By: -t::"btlfff:ifriff'--+t--i:f-7f.rh~r------Mayor ATTEST: ~J~ ~?'~ Susan Fukushima, Assistant Secretary (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 11tddJA, JANE~OBALDI Depu CityAttomey Contract No. 3503 Page 32 of 67 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I. I California State of Orange County of August 11, 1997 Margarita C. Ottosson, Notary Public On _____________ before me, ____________________ _ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") *********** Leroy J. Ogg, Jr. & Susan Fukushima******************************** personally appeared ______________________________ _ Name(s) of Signer(s) [2S. personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ii/are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacity(ies), and that by ~their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ___________ _ 0 Partner -D Limited D Attorney-in-Fact D Trustee D General D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ C Partner -D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ' 'J I ) '. J J I I I I i I I I ---~ © 1995 National Notary Association• 8236 Remmel Ave.: P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 • • • Bond No. 158691778 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 97-551 , adopted __ A_U_Gu_s_T_s __ ._19_9_7 ________ , has awarded to SIGNAL MAINTENANCE, INC. (hereinafter designated as the "Principal"), a Contract for: MONROE STREET AND CHESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 in the City of Carlsbad, in strict conformity with the drawings and specifications. and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SIGNAL MAINTENANCE. INC. as Principal, (hereinafter designated as the "Contractor"), and Continental Casualty Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SEVENTEEN THOUSAND SEVEN HUNDRED EIGHTY AND N0/00---------------------------------------------0ollars ($ 17,780. oo ). said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon. for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code ( commencing with section 3082f ~, Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications . ~ Q 2126/97 Contract No. 3503 Page 33 of 67 Pages • In the event that Contractor is an individual. it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 13th day of __ Au_g_u_s_t _______ , 19-2.Z_. CONTRACTOR: Inc. (print name here) Executed by SURETY this _ ..... 1 2 .... r ..... h ___ day of __ A_u:....,g"""u....;s...;;t---'--------• 19.21_. SURETY: Continental Casualty Company (name of Surety) 3700 Crestwood Parkway NW Duluth, GA 30136 (address of Surety) (770) 279-3582 By: (telephone number of Surety) (signature of Attorney-in-Fact) J Catherine M. Lindsay • Assistant Secretary-Signal Maintenance Inc. (title and organization of signatory) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) • (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ~' JANE MO$,ALDI Deputy City Attorney ~ u 2/26/97 Contract No. 3503 Page 34 of 67 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I. ( I l l I State of California Orange County of August 13, 1997 Margarita C. Ottosson, Notary Public On _____________ before me, ____________________ _ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared _*_*_*_**_*_**_*_**_L_e_r_o_y_J_._O_g_g_,_J_r_. _&_J_a_m_es_R_._T_h_o_m~ps_o_n_**_*_**_*_**_*_**_*_**_*_*_**_*_**_*_**_*_**_*_**_ Name(s) of Signer(s) ag: personally known to me -OR -::::J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iii/are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual ::::J Corporate Officer Title(s): ____________ _ D Partner -D Limited Attorney-in-Fact Trustee D General D C D D Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top ot thumb here Signer's Name: ____________ _ C Individual D Corporate Officer Title(s): ____________ _ D Partner -D Limited D General D Attorney-in-Fact ::::J Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top ot thumb here © 1995 National Notary Association• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE • OMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania orporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Edward L. Mitchell, C. A Driver, Sandra J. Mathis, Sandra S. Carter, Catherine M. Lindsay, Individually of Atlanta, Georgia their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature · -In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all .the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 19th day of February , 1996 • State of Illinois, County of Cook, ss: CONTINENTAL CASUAL TY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA M.C. Vonnahme Group Vice President Onithis 19th day of February , 1996 , before me personally came M. C. Voiinahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; ·that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE l,John M. Littler , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 12th day of August 1997. (Rev.7/14/95) CONTINENTAL CASUAL TY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA John M. Littler Assistant Secretary Authorizing .By-Laws and Resolutions ADOPTED BY-THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of po~cies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI-Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such .I instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This. Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to • any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the ~ Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." • Bond No. 158691778 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Cartsbad, State of California, by Resolution No;H-551 , adopted AUGUST 5, 1997 ' , has awarded to ..:S:.:I~G;,;;NA:.;:,;L:;...;;.MA=I.;;.;,NT.;;;.;E;;;;:N;,;.;cAN~C-':"E..::..•-:-I_N--:'.C::":"._-:---:---:-::----------------· (hereinafter designated as the "Principal"), a Contract for: MONROE STREET AND CHESTNUT AVENUE STREET LIGHTING CONTRACT NO. 3503 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Cartsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, SIGNAL MAINTENANCE, INC. • as Principal, (hereinafter designated as the "Contractor"), and Continental Casualty Company ___________ _. as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Thirty Fiv~ Thousand Five Hundred Sixty Dollars ($ 35,560.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain • attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. • THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Car1sbad, Its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, , incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications . --Q 2126/97 Contract No. 3503 Page 35 of 67 Pages • • • In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 13th day of August CONTRACTOR: Signal Maintenance, Inc. ,1921_. (name of Contractor) By~ ~ ~1/099k · (i:trint name here} Executed by'SURETY thi~1_2_t_h ___ day of ___ Au_g_u_s_t ________ , 19E._. SURETY: Continental Casualty Company (name of Surety) 3700 Crestwood Parkway NW Duluth, GA 30136 (address of Surety} (770) 279-3582 (telephone number of Surety) .r" -~ <U~-. \j' rit1f1:/0fr,/7' ·d~bWIJC /ll/JIN7clf.)~ :Z::e. (Tit!e and rganization of Signatory) ,/_.,/ " ._----,. ./..1/ "';. i • /, -/ -";:7"" / By: .........;;\J:~/rz::?. .......... ,7-t-•·~_t:.A_~----:~~-,,,._/'_'tC_'.?'--,_· _i::_--_,,,.~ __ :e_ . .,,1/!_. _,,:::_::...._,,~/1,..f __ (signature of Attorney-in-Fact) • rr-, By: {print name here) Catherine M. Lindsay I/ ,., {printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) Assistant Secretary -Signal Maintenance Inc. {Title and Organization of signatory) {Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney ~. I ! I I I ' By: Deputy Ci~ttomey JANEMO~OI 0 2/26/97 Contract No. 3503 Page 36 of 67 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I l I. Margarita C. Ottosson, Notary Public On _____________ before me, ____________________ _ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") *********** Leroy J. Ogg, Jr. & James R. Thompson*******-***-**************** personally appeared ______________________________ _ Name(s) of Signer(s) ~ personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iii/are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ___________ _ D Partner -D Limited D Attorney-in-Fact D Trustee D General D Guardian or Conservator C Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ C Partner -D Limited C General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1995 National Notary Association• 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 t' PRODUCER JOHNSON & HIGGINS 1511 NORTH WESTSHORE BLVD. SUITE 600 TIWPA, FLORIDA 33607 Ke11ie Maguire (813) 281-2341 INSURED SIGNAL MAINTENANCE, INC. 2283 VIA BURTON STREET ANAHEIM. CA 92806 DATE (MM/DD/YY) 1/21/91 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A NATIONAL UNION FIRE INS CO COMPANY 8 IWERICAN CASUALTY INS CO COMPANY C COMPANY D /-,f-+- (PA) 1,t.l fr 7-,1.J OF READING PA r:.Af~1 c_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YV) DATE (MM/DD/YV) LIMITS A GENERAL UABn .. nv GL1463314 6/30/91 6/30/98 GENERAL AGGREGATE $ 2.000.000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2.000.000 CLAIMS MADEW OCCUR PERSONAL & ADV INJURY $ 1.000.000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1.000.000 FIRE DAMAGE {Any one fire) $ so.ooo MED EXP (Any one person) $ B AUTOMOBILE LIABILITY C1056657438 6/30/91 6/30/98 COMBINED SINGLE LIMIT $ X ANYALITO 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY· EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ X WCSTATU-OTH-WORKER'S COMPENSATION AND TORY LIMITS ER B EMPLOYERS' LIABILITY WC1056657424 6/30/91 6/30/98 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ SPECIAL rrEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS). CITY OF CARLSBAD HAS BEEN NIWED ADDITIONAL INSURED AS RESPECTS THE ABOVE GENERAL LIABILITY COVERAGE. (SEE ATTACHED ENDORSEMENT) RE: CONTRACT NO. 3503 TY OF CARLSBAD . TN: MS. RUTH FLETCHER PUCHASING OFFICE 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008-1989 (* 10 DAYS FOR NON-PAYMENT) HOLDER COPY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OR REPRESENTATIVES. CERTIFICATE NO. 001001-00276 - POLICY NUMBER GL COMMERCIAL GENERAL LIA81ltTV CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: * SEE BELOW (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) · WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. -. *BLANKET -AS REQUIRED BY WRITTEN CONTRACT. BUT ONLY WITH RESPECT TO LIABILITIES ARISING OUT OF THEIR OPERATIONS PERFORMED BY OR FOR THE NAMED INSURED, BUT EXCLUDING ANY NEGLIGENT ACTS COMMITTED BY SUCH ADDITIONAL INSURED. - CG 20 10 10 93 Copyright. Insurance Services Qffice, Inc. 1992 I I •• I I I I I I le I I I I I I I •• I CITY OF CARLSBAD Purchasing Department . 1 / J /9 / 1200 Carlsbad Village Drive C&t/-f;o;ki<vf L e./7 Carlsbad CA 92008 0 t/1 REPRESENTATION AND CERTIFICATION /;;e~~~- The following representation and certification shall be completed, signed and returned to City of Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: Check appropriate Ethnic Ownership T· pe) ETHNIC CODES MALE FEMALE Caucasian Black Hispanic Asian-Pacific Native-American Asian-Indian DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: Are you currently certified by CAL TRANS? YES___ NO __ _ Certification #: _____________ _ CERTIFICATION OF BUSINESS REPRESENTATION{S}: Mark all applicable blanks. This offeror represents as a part of this offer that: This firm is __ , is not __ a minority business. This firm is __ , is not __ a woman-owned business. WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: CONSTRUCTION CONTRACTOR: CLASSIFICATION(S): _________ _ LICENSE NUMBER: __________ _ TAXPAYERS I.D. NO. __________ _ The information furnished is certified to be factual and correct as of the date submitted. COMPANY NAME PRINTED NAME ADDRESS TITLE CITY, STATE AND ZIP SIGNATURE TELEPHONE NUMBER DATE ., \.._, 2/26/97 Contract No. 3503 Page 37 of 67 Pages I I •• I I I I I I le I I I I I I I •• I OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ---------------------------- _____________________________ hereinafter called "Contractor'' and whose address is ----------------------- hereinafter -------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Monroe Street and Chestnut Avenue Street Lighting, Contract No. 3503, in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the ________________ , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City . Contract No. 3503 Page 38 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 6. Contractor shall have the right to withdraw a!! or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title _________________ _ Name ________________ _ Signature _______________ _ Address _______________ _ For Contractor: Title _________________ ___ Name ________________ _ Signature _______________ _ Address ______________ ...;.__ For Escrow Agent: Title _________________ _ Name ________________ _ Signature _______________ _ Address _______________ _ ft '-., 2/26/97 Contract No. 3503 Page 39 of 67 Pages I I •• I I I I I I le I I I I I I I •• I At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: •'\ t.,, 2/26/97 Title ------------------ Name ----------------- Signature _______________ _ Address ---------------- Title ------------------ Name ----------------- Signature _______________ _ Address _______________ _ Title Name ----------------- Signature _______________ _ Address _______________ _ Contract No. 3503 Page 40 of 67 Pages I I •• I I I I I I le I I I I I I I •• I PART 1. GENERAL PROVISIONS FOR MONROE STREET AND CHESTNUT AVENUE STREETLIGHTS CONTRACT NO. 3503 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings, Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions, Where words "directed", "designated", "selected", or words of similar import are ·used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals, Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform, The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency --the City of Carlsbad, California. City Council --the City Council of the City of Carlsbad. City Manager --the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board --persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Contract No. 3503 Page 41 of 67 Pages I I •• I I ·1 I I I le I I I I I I I •• I Engineer --the City Engineer of the City of Carlsbad or his/her approved representative. The City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item -a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization -When used in Section 2-3.1 --Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector -The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector -the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector -the Project Inspector's immediate supervisor and first level of appeal for informal · dispute resolution. SECTION 2 -SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Contract No. 3503 Page 42 of 67 Pages I I •• I I I I I I le I I I I I I I •• I The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) 2) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The construction plans consist of two sheets, Drawing No. 352-1. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the CAL TRANS standard drawings, and City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. Contract No. 3503 Page 43 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 2-5.2 Precedence of Contract Documents, add the following: Where CAL TRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CAL TRANS specifications shall have precedence only to the materials and construction materials referred to in the CAL TRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 of the SSPWC shall prevail over the CAL TRANS specifications. 2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval. By: --------------Title: ______________ _ Date: --------- Company Name: ____________________________ _ Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file comer record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the. finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. l'\ • .., 2/26/97 Contract No. 3503 Page 44 of 67 Pages I I ,. I I I I I I le I I I I I I I •• I 2-9.3 Survey Service, substitute the following: The Contractor shall hire and pay for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 81// by 11" paper .. The field notes, calculations and data shall be clear and complete with name of field party chief, field crew members, preparer, date of observation or calculation, consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared and filed in conformance with §§ 8700 -8805 of the State of California Business and Professions Code showing all SDRS M-1 0 monuments set. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at 50 foot intervals as measured along the project stationing unless a lesser interval is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and street crown lines where no median exists. Large slopes shall have line point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 25-foot intervals at edge of pavement and top of curbs and crown line where no median exists. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and each end of the local depression. Curbs/curbs and gutter shall be staked at 25-foot intervals, center line of driveways, and 1/4, 1/2, 3/4 delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on variable thickness pavement overlays requiring leveling courses. Intersections showing specific finished asphalt grids shall be painted per the grid. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 25-foot intervals with offsets referencing the top and centerline of pipe on main Contract No. 3503 Page 45 of 67 Pages I I •• I I I I I I le I I I I I I I •• I line and laterals. For all pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of the reference point, station, elevation of reference point, cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of any other activities within the limits of the work. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of comer records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records. The Contractor shall provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its records with respect to an matters covered by this Contract and wHI permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor shall maintain such data and records for as long as may be required by applicabfe laws and regulations. -~ ~, 2/26/97 Contract No. 3503 Page 46 of 67 Pages I I •• I I I I I I le I I I I I I I •• I SECTION 3 -CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit Prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Untt Price. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: {a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall. not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. ,, • ., 2/26/97 Contract No. 3503 Page 4 7 of 67 Pages I I •• I I I I I I le I I I I I I I •• I The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 1 0 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which he may proceed under the provisions of the Public Contract Code . The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. " • ., 2/26/97 Contract No. 3503 Page 48 of 67 Pages I I •• I I I I I I le I I I I I I I •• I All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: Article 1.5 Resolution of Construction Claims 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency .. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 .1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2 For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. {2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. ft V 2125191 Contract No. 3503 Page 49 of 67 Pages I I •• I I I I I I le I I I I I I I •• I (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (1) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b )( 1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. Contract No. 3503 Page 50 of 67 Pages I I •• I I I I I I le I I I I I I I •• I (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process . 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Contract No. 3503 Page 51 of 67 Pages I I •• I I I I I I le I I I I I I I •• I SECTION 5 -UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: · In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. Add the following: Contractor shall coordinate with SDG&E to energize the signal. SECTION 6 -PROSECUTION, PROGRESS & ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: The Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting, After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.2.3 Bar Chart, Contractor shall prepare and submit to the Engineer a Gant or Bar Chart, showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report, modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of {'\ •4i' 2/26/97 Contract No. 3503 Page 52 of 67 Pages I I •• I I I I I I le I I I I I I I •• I the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within forty-five (45) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day, add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1) year after recordation of a "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty- five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $500 per each calendar day beyond the project completion time specified in the notice to proceed. Execution of the Contract shall constitute agreement by the Agency and Contractor that ($500) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Aadd the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Contract No. 3503 Page 53 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 7-7 COOPERATION AND COLLATERAL WORK . Add the following section: 7-7.1 Coordination, The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control, add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water, add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. · The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control, All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades, add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. {\ • ., 2/26/97 Contract No. 3503 Page 54 of 67 Pages I I •• I I I I I I le I I I I I I I •• I Add the following section: 7-10.3.1 Construction Area Signs, Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and removed by the Contractor when no longer required. Care shall be used in performing excavation for signs in order to protect underground facilities. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 12-3.06B, "Portable Signs", of the CAL TRANS Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal. Stationary mounted signs used for traffic control during construction of the Work shall be installed on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner shown on CAL TRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside signs, except as follows: (a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shall not be made in the standards to support the sign. (e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-C- 2500 concrete. (f) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 square meters of sign area. For wood posts post size and number of posts shall be as shown on CAL TRANS Standard Plan RS 2. Lumber for wood posts shall be as for sight posts. · Sign panels for stationary mounted signs shall conform to the requirements of Section 206-7, "Reflective Sheeting Aluminum Signs", and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwise specified. (b) Frames shall be constructed in accordance with "Framing Details for Sheet Aluminum Signs," Sheets 1 through 4 and Table 1 on Sheet 5, as published by CAL TRANS. (c) Sign panel fastening hardware shall be commercial quality. Contract No. 3503 Page 55 of 67 Pages I I •• I I I I I I le I I I I I I I •• I Each portable sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in ·206-7, "Reflective Sheeting Aluminum Signs", or shall be Type IV reflective sheeting, cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during · the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7, "Reflective Sheeting Aluminum Signs". The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m. All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel ~hich will match the color of the sign panel background. Testing of paint will not be required. If portable signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original locations. Add the following section: 7-10.3.2 Maintaining Traffic, Attention is directed to Sections 7-10 SSPWC "Public Convenience and Safety." Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be seven (7) inches long. The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver or for the work of installing, ·maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure, A traffic control system consists of closing traffic lanes in accordance with the details shown on the plans, CAL TRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety . Contract No. 3503 Page 56 of 67 Pages I I •• I I I I I I le I I I I I I I •• I When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping, During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Special Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation, Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Modifications and Additions to Traffic Control Plan Sheets, The Contractor shall submit Traffic Control Plans (TCP) for the Engineer's review for all construction activities. 7-10.3.7 Payment, The Contractor shall prepare and correct TCP and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated. Payment for the traffic control plan shall be included in the lump sum bid price for the traffic signal and no other compensation will be made. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public, The Contractor shall take all n~cessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all ..... ~, 2126/97 Contract No. 3503 Page 57 of 67 Pages I I •• I I I I I I le I I I I I I I •• I necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 9-3 PAYMENT. 9-3.2 Partial and Final Payment, modify the second paragraph as follows: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for his information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven {7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. SECTION 9 -MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment, modify the third paragraph as follows: The Agency shall retain 1 0 percent of such estimated value of the work done and 10 percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will l' •ff 2126/97 Contract No. 3503 Page 58 of 67 Pages I I •• I I I I I I le ·I I I I I I I •• I only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment, add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written statement or further information, whichever is longer, for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Contract No. 3503 Page 59 of 67 Pages I I •• I I I I I I le I ·1 I I I I I •• I Add the following section: 9-3.3.1 Delivered Materials, The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Contract No. 3503 Page 60 of 67 Pages I I ,. I I I I I _I le I I I I I I I -I I SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 209 -ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. add the following: Section 86, Lighting and Electrical Systems", herein, shall replace Section 209, "Electrical Components", of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and materials and methods of construction for all elements of street lighting and traffic signals. WORK TO BE DONE This contract requires the Contractor to install street lights on Monroe Street from Chestnut Avenue to 500 feet north of Basswood Avenue, and on Chestnut Avenue from Valley Street to Monroe Street. The City of Carlsbad has installed all undergrounding conduit and pull boxes to be used by the Contractor for wiring. The Contractor will be responsible for furnishing and installation of the light pole foundation, furnishing and installation of conduit runs between the light pole and adjacent pullboxes, light pole and light pole arm, luminaires, furnishing and installation of wiring and connection to the service points and energizing the lights. 86-6 LIGHTING 86-6.01 High Pressure Sodium Luminaires. High pressure sodium luminaires shall be the enclosed type with a horizontal burning lamp. Luminaires shall be the cutoff type. Each luminaire shall consist of a housing, a reflector, a retractor or a lens, a lamp socket, an integral ballast, a terminal strip and a lamp. Housings shall be fabricated from aluminum. Housings that are painted shall withstand a 1000-hour salt spray test as specified in ASTM Designation: B 117. All other metal parts of the housing shall be fabricated from metal at least equal in corrosion resistance and finish to the metal in the housing. Each housing shall be provided with a slip-fitter capable of mounting on a 50-mm pipe tenon and of being adjusted 5 degrees from the axis of the tenon. The clamping brackets of the slip-fitter shall not bottom out on the housing bosses when adjusted within the ±5 degree range. No part of the slip-fitter mounting brackets on the luminaires shall develop a permanent set in excess of 0.5-mm when the four 10-mm diameter cap screws used for mounting are tightened to 13 N·m. All luminaires to be mounted on horizontal mast arms, when tested in accordance with California Test 611, shall be capable of withstanding cyclic loading in (G = Acceleration of Gravity): 1) a vertical plane at a minimum peak acceleration level of 3.0 G peak-to-peak sinusoidal loading (same as 1.5 G peak) with the internal ballast removed, for a minimum of 2 million cycles without failure of any luminaire parts. 2) a horizontal plane perpendicular to the direction of the mast arm at a minimum peak acceleration level of 1.5 G peak-to-peak sinusoidal loading (same as 0.75-G peak) with the internal ballast installed, for a minimum of 2 million cycles without failure of any luminaire parts. 3) a vertical plane at a minimum peak acceleration level of 1.0 G peak-to-peak sinusoidal loading (same as 0.5-G peak) with the internal ballast installed, for a minimum of 2 million cycles without failure of any luminaire parts. Each mast arm mounted luminaire may be furnished without a photoelectric unit receptacle. If a photoelectric unit receptacle is included, a raintight shorting cap shall be installed. If the luminaire housing is provided with a hole for the receptacle, the hole shall be closed, covered and sealed, with weatherproof material, in a permanent manner. The surface of each reflector shall be specular and shall be protected by either an anodized finish or a silicate film. The reflector shall be shaped so that ~ '-+' 2/26/97 Contract No. 3503 Page 61 of 67 Pages I I •• I I I I I I le I I I I I I I •• I a minimum of light is reflected through the arc tube of the lamp. Each refractor or lens shall be mounted in a frame that is hinged to the housing and secured with a spring-loaded latch. Each refractor shall be made of glass or polycarbonate plastic. Each lens shall be made of heat and impact resistant glass. The optical system, consisting of the reflector, retractor or lens, lamp socket and lamp, shall be in a sealed chamber. Sealing shall be provided by a gasket between the reflector and retractor or lens and a gasket between the reflector and lamp socket. The chamber shall have provision for filtered flow of air in and out of the chamber due to lamp heat. Filtering shall be accomplished by either a separate filter or a filtering gasket. Each lamp socket shall be a porcelain enclosed mogul-multiple type. The shell shall contain integral lamp grips to assure electrical contact under conditions of normal vibration. The socket shall be mounted in the luminaire in a manner to permit pre-setting a variety of specified light distribution patterns. The socket shall be rated for 1500 Wand 600 V, and shall be rated for a 4-kV pulse. When the components are mounted on a down-opening door, the door shall be hinged and secured to the luminaire housing separately from the refractor or flat lens frame. The door shall be easily removable and replaceable. The door shall be secured to the housing in a manner to prevent its accidental opening when the retractor or flat lens frame is opened. Field wires connected to the luminaire shall terminate on a barrier type terminal block secured to the housing. The terminal screws shall be captive and equipped with wire grips for conductors up to No. 6. Each terminal position shall be clearly identified. The minimum light distribution for each luminaire shall be as shown on the isolux diagrams on the plans. The maximum brightness of each cutoff luminaire, with the lamp indicated, shall be as follows: Cutoff Type Lamp Lamp Maximum Brightness ANSI Code No. Wattage (cd/m2) S55 150 140 S66 200 140 S50 250 175 S67 310 210 S51 400 260 Brightness readings will be taken using a brightness meter with an acceptance angle of 1.5 degrees. When measured on the 90-degree and 270-degree lateral angle line, the maximum brightness shall not exceed the above specified brightness when the meter is located at a horizontal distance of 37 m and a vertical distance of 2.3 m between the luminaire and the meter, or at an angle of 3 degrees 35 minutes from the horizontal to the line between the luminaire and the meter. Measurements shall be made from both the 90-degree line and the 270-degree line and averaged. The lamp used for each test shall be operated at the wattage necessary to produce a light output as follows: Lumens Lamp Wattage 16 000 150 22 000 200 27000 250 37000 310 50000 400 86-6.01A High Pressure Sodium Lamp Ballasts. Each ballast shall be designed for the type, characteristics and wattage of the lamp it is to operate and it shall provide the proper starting and operating waveforms, voltage and current. Ballasts shall provide reliable lamp starting and operation at ambient temperature down to -30°C for the rated life of the lamp. Ballasts shall be designed for continuous operation at ambient air temperatures from -20°C to 25°C without reduction in ballast life. Ballasts shall have a design life of not less than 100,000 hours. Ballasts shall be designed to ft '-1 2/26/97 Contract No. 3503 Page 62 of 67 Pages I I •• I I I I I I le I I I I I I I •• I operate for at least 180 cycles of 12 hours on and 12 hours off, with the lamp circuit in an open or short-circuited condition and without measurable reduction in the operating requirements. Ballasts shall be tested in accordance with the requirements of ANSI C82.6-1980, "Methods of Measurement of High-Intensity-Discharge Lamp Ballasts." Starting aids for ballasts of a given lamp wattage shall be interchangeable between ballasts of the same wattage and manufacturer without adjustment. A Certificate of Compliance conforming to the provisions in Section 4-1.5, "Certification," shall be submitted by the manufacturer with each lot of integral ballast luminaires and with each lot of ballasts designed for use outside of luminaires. The certificate shall state that the lot of ballasts meets, in every respect, the above requirements and the lamp-ballast specifications of the lamp manufacturer. The input voltage for ballasts shall be as shown on the plans or as specified in these special provisions. Each integral ballast shall consist of separate components, each of which shall be capable of being easily replaced. A starting aid which is encapsulated will be considered as a single component. Each component shall be provided with screw terminals, NEMA tab connectors or a single multi-circuit connector. All conductor terminals shall be identified as to the component . terminal to which they connect. Heat-generating components shall be mounted so as to use the portion of the luminaire upon which they are mounted as a heat sink. Capacitors shall be located as far as practicable from heat-generating components or shall be thermally shielded to limit the case temperature to 75°C. Transformers and inductors shall be resin-impregnated for protection against moisture. Capacitors, except those in starting aids, shall be metal cased and hermetically sealed. Ballasts to be located remote from the luminaire shall be the submersible type and shall conform to the requirements in Section 86-6.09C, "Submersible Type Transformers." All components, including starting aid, shall be enclosed in a single housing. Ballast leads shall extend a minimum of 300 mm from the case. Steel housings shall be galvanized or painted. Ballast housings shall be clearly labeled to indicate lamp type, lamp wattage and input voltage. Ballasts for high-pressure sodium lamps shall have a ballast characteristic curve which will intersect both of the lamp-voltage limit lines between the wattage limit lines and remain between the wattage limit lines throughout the full range of lamp voltage. This requirement shall be met not only at the rated input voltage of the ballast, but also at the lowest and highest input voltage for which the ballast is rated. Throughout the lifetime of the lamp, the ballast curve shall fall within the specified limits of lamp voltage and wattage. Ballasts for luminaires to be mounted on mast arms, brackets or lowering assemblies shall be located within the luminaire housing. 86-6.01A(1) Regulator Type Ballasts.-Regulator type ballasts shall conform to the following: 1) For nominal input voltage and lamp voltage, the ballast design center shall not vary more than 7.5 percent from rated lamp watts. 2) The ballast shall be designed so that a capacitance variance of ±6 percent will not cause more than a ±8 percent variation in lamp wattage regulation throughout rated lamp life for nominal input voltage. 3) The lamp current crest factor shall not exceed 1.8 for input voltage variation of ±10 percent at any lamp voltage from initial through life. Regulator type ballasts shall be lag-type or lead-type conforming to the following: I. Lag-Type Regulator Ballasts.-Each lag-type regulator ballast shall have the primary and secondary windings electrically isolated and, when operated with the appropriate lamp, shall have the following characteristics and shall maintain the following lamp operation: a) The power factor shall be not less than 90 percent throughout the life of the lamp at nominal line voltage with a nominally rated reference lamp. b) Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 18 percent for ±10 percent input voltage variation. Contract No. 3503 Page 63 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 2) Lead-Type Regulator Ballasts.-Each lead-type regulator ballast (CWA-constant wattage autoregulator) shall, when operated with the appropriate lamp, have the following characteristics and shall maintain the following lamp operation: a) The power factor shall be not Jess than 90 percent when the ballast is operated at nominal line voltage with a nominally rated reference lamp. b) Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 30 percent for ±10 percent input voltage variation. 86-6.01A(2) Autotransformer or Reactor Type Ballasts. Each nonregulating reactor, autotransformer, or high reactance ballast shall, when operated with the appropriate lamp, have the following characteristics and shall maintain the following lamp operations:· 1) The power factor shall be not less than 90 percent when the ballast is operated at nominal line voltage with a nominally rated reference lamp. 2) Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 25 percent for ±5 percent input voltage variation. 3) For nominal input voltage and lamp voltage, the ballast design center shall not vary more than 7.5 percent from rated lamp watts. 4) The lamp current crest factor shall not exceed 1.8 for input voltage variation of ±5 percent at any lamp voltage from initial through life. 86-6.01 B High Pressure Sodium Lamps. High pressure sodium lamps shall conform to the ANSI Standard: C 78, "Lamp Specifications, Physical and Electrical Characteristics of High-Intensity- Discharge Lamps," when tested in accordance with .ANSI Standard: C 78.388, "Methods of Measurement of High Pressure Sodium Lamp Characteristics." High-pressure sodium lamps shall have a minimum average rated life of 24 000 hours. 86-6.07 Photoelectric Controls. Photoelectric controls, as specified in these special provisions or as shown on the plans, shall be capable of switching multiple lighting systems directly. Type IV photoelectric control shall be used unless otherwise shown on the plans or required by these special provisions and shall be installed in a receptacle integral with the luminaire. 1) Type IV photoelectric control shall consist of a photoelectric unit which plugs into an EEI-NEMA twist lock. 86-6.07 A Types. The types of photoelectric controls shall be as follows: a) Type V photoelectric control shall consist of a photoelectric unit, contactor and test switch located in a service equipment enclosure. A switch to permit manual operation of the lighting circuit shall be provided for photoelectric control. Switches shall be of the single-hole mounting toggle type, single-pole, single-throw, rated at 12 A and a voltage rating to match the circuit. Switches shall be furnished with an indicating nameplate reading "Auto-Test" and shall be connected in parallel with the load contacts of the photoelectric unit. . Test switch shall not have an "OFF" position. Photoelectric units for Types I, II and Ill photoelectric controls, shall be pole-top mounted unless otherwise specified. 86-6.078 Equipment Details. Equipment details shall conform to the following: 86-6.078(1) Photoelectric Unit. The photoelectric unit shall provide an output in response to changing light levels. Components of the unit shall not require periodic replacement. Units shall have a "turn-on" between 10 and 50 lux and a "turn-off' at between 1.5 and 5 times "turn-on." Measurements shall be by the procedures set forth in EEI-NEMA Standards for Physical and Electrical Interchangeability of Light-Sensitive Control Devices Used in the Control of Roadway Lighting. Photoelectric controls, except Type IV and Type V, shall be furnished with a 100-mm minimum inside diameter pole-top mounting adaptor containing a terminal block and with cable ., t.., 2/26/97 Contract No. 3503 Page 64 of 67 Pages I I •• I I I I I I le I I I I I I I •• I supports or clamps to support pole wires. The photoelectric unit receptacle shall be the EEI-NEMA type. Mounting brackets shall be. used where pole-top mounting is not possible. Photoelectric controls shall be installed at the locations shown on the plans and oriented as directed by the Engineer. For switching 480 V, 60 Hz circuits, a 100 v·A, minimum, 480/120-volt transformer shall be installed in the contactor enclosure to provide 120 volts for the photoelectric control unit. Where more than one photoelectric unit is to be installed at the same location, a single transformer, with a volt-ampere rating capable of handling the total controlled load, may be used. Photoelectric units shall be screened to prevent artificial light from causing cycling. The photoelectric unit shall also conform to the following: 1) The supply voltage rating shall be 60 Hz, 105-130 V, 210-240 V, or 105-240 V, as specified. 2) The load rating shall be 800 W minimum, incandescent, mercury or fluorescent. 3) The operating temperature range shall be from -29°C to 65°C. 4) The power consumption shall be less than 10 W. 5) The unit shall be housed in a weatherproof enclosure. 6) The base of the unit shall be provided with a 3-prong, EEI-NEMA standard, twist-lock plug mounting. 7) Units shall be provided with a "fail-on" feature. 86-6.078(2) Contactor. The contactor shall have contacts rated to switch the specified lighting load and shall be normally open, unless otherwise specified. The contactor shall be either the mechanical armature type or the mercury displacement type. The contacts of the mechanical armature type contactor shall be either fine silver, silver alloy, or superior alternative material. The contactor shall have a minimum rating of 30 A, per contact, inductive load. 86-6.078(3) Contactor and Test Switch Housing. The enclosure for Type I and Type Ill photoelectric controls shall be NEMA Type 3R. The enclosure shall be provided with a factory applied rust resistant prime coat and finish coat. Two applications of paint to match the color of the standard shall be applied as specified in Section 86-2.16, "Painting." The enclosure may be hot-dip galvanized in lieu of painting. A minimum of 65 mm shall be provided between contactor terminals and end of enclosure for wiring connections. The enclosure shall be mounted on the same standard as the photoelectric unit at a height of approximately 1.8 m above the base. 86-6.078(4) Wiring. Conductors between the photoelectric unit and an external contactor shall be No. 14 and shall be run inside the lighting standard, or in conduit, unless otherwise shown on the plans. 86-6.078(5) Terminal Blocks. Terminal blocks shall be rated at 25 A, 600 V, shall be molded from phenolic or nylon material and shall be the barrier type with plated brass screw terminals and integral type marking strips. 86-6.09 Transformers. Multiple to multiple and series to multiple transformers shall be of the single-phase, dry type designed for operation on a 60 Hz supply. 86-6.09A Electrical Requirements. Transformer ratings shall be 120/480 volts, 240/480 volts or 480/120 volts for multiple to multiple units and 6.6 A/120 volts or 6.6 A/480 volts for series to multiple units or other ratings as shown on the plans. Secondary 480-volt windings shall be center tapped. Volt-ampere ratings shall be as shown on the plans. Transformer efficiency shall exceed 95 percent for multiple to multiple units and 80 percent for series to multiple units. Secondary voltage regulation and tolerance shall be ±3 percent from half load to full load for multiple to multiple units and +10 per- cent (maximum) at no load to ±3 percent at full load for series to multiple units. Transformers shall have a decal showing a connection diagram. The diagram shall show either color coding or tagging of wires with primary (H1, H2) or secondary (X1, X2) markers, and shall also show the primary and secondary voltage and volt-ampere rating. Contract No. 3503 Page 65 of 67 Pages I I •• I I I I I I le I I I I I I I •• I 86-6.09B Physical Requirements. External leads for multiple to multiple and series to multiple secondary connections shall be Type USE, No. 10, rated 600 volts AC. Primary conductors for series to multiple transformers shall be rated for use on 5000-volt AC circuits. Transformer leads shall extend a minimum of 300 mm from the case. Transformer insulation shall be NEMA 185°C or better. Series to multiple transformers shall withstand the application of 12 000 volts AC from core to primary coil and from coil to coil for a one minute period. Series to multiple transformer secondaries and multiple to multiple transformers shall withstand the application of 2200 volts AC from core to coils and, for multiple units only, from coil to coil for a one minute period. The above tests shall be made immediately after operation of the transformer at full load for 24 hours. Non-submersible transformers shall be provided with metal half-shell coil protection, shall have moisture resistant, synthetic varnish impregnated windings and shall be suitable for outdoor operation in a raintight enclosure. Each transformer to be installed in a pull box shall be the submersible type and shall be provided with a handle and a hanger. 86-6.09C Submersible Type Transformers. Submersible type transformers shall be securely encased in a rugged corrosion resistant, watertight case and shall withstand a 5-day test submerged in 600 mm of salt water (2 percent salt by mass) with 12-hour on and off periods. The operating periods shall be at full load. Leads of submersible transformers shall be brought out through one or more sealed hubs and shall be secured in a manner which will withstand a 450-N static pull without loosening or leaking. 86-8 PAYMENT: Payment for the street lights pole, foundation, luminaire installation, including wiring and energizing shall be included in the lump sum price bid for the street lighting and no other compensation will be made. Contract No. 3503 Page 66 of 67 Pages I I •• I I I I I I le I I I I I I I •• I SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 307 -STREET LIGHTING 307-3 STREET LIGHTING CONSTRUCTION. Modify as follows: Section 86, "Electrical Systems" found in section 209 herein, shall replace Section 307-3, "Electrical Components", of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and methods of construction for all elements of street lighting and traffic signals. ., ~, 2/26/97 Contract No. 3503 Page 67 of 67 Pages V 1~TE iT = DON'T SAY Date January 14 19 99 To File 0Reply Wanted From Lorraine Wood, Office of the City Clerk D No Reply Necessary Per instructions from Kevin Davis, Purchasing, the firm formerly known as Signal Maintenance, Inc. has changed it's name to Peek Traffic Signal Maintenance. @