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Home My WebLink AboutSteiny & Company Inc; 2008-02-04; PWS08-10STSDQC# 2008-0497597 ftvv \ RECORDED REQUESTED BY '\ VV^ A CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 SEP 19, 2008 11:37 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: Not Applicable NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter 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 or improvement on the property hereinafter described was completed on August 20, 2008. 6. The name of the contractor for such work or improvement is Steiny and Company, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Traffic Signal UPS and Battery Backup Installation, Contract No. PWGS316R, 8. The street address of said property is various locations within the City of Cai isbad, California 92008. CITY OF CARLSBAD Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carisbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on VjJtj(l£imjQ^U /£> , 206^ . accepted the above described work as completed and ordered tfiat ^Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed or\/M&foryi-neA-1 ? . 200 8. at Carlsbad, California. / CI7V OF CAR AB 19,572 KESO 2008-258 Word\Masters\Forms\Notice of Completion (City)3/9/98 TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWS08-10STS STEINY AND COMPANY INC. CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R BID NO. PWS08-10STS Revised 11/01/06 Contract No. PWGS316R Page 1 of 93 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 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 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 11/01/06 Contract No. PWGS316R Page 2 of 93 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 40 1-3 Abbreviations 44 1-4 Units of Measure 47 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 48 2-2 Assignment 48 2-3 Subcontracts 48 2-4 Contract Bonds 50 2-5 Plans and Specifications 51 2-6 Work to be Done 54 2-7 Subsurface Data 54 2-8 Right-of-Way 55 2-9 Surveying 55 2-10 Authority of Board and Engineer 55 2-11 Inspection 56 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 56 3-2 Changes Initiated by the Agency 56 3-3 Extra Work 58 3-4 Changed Conditions 60 3-5 Disputed Work 62 Section 4 Control of Materials 4-1 Materials and Workmanship 64 4-2 Materials Transportation, Handling and Storage 68 Section 5 Utilities 5-1 Location 68 5-2 Protection 68 5-3 Removal 69 5-4 Relocation 69 5-5 Delays 70 5-6 Cooperation 71 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 71 6-2 Prosecution of Work 73 6-3 Suspension of Work 74 6-4 Default by Contractor 74 6-5 Termination of Contract 75 6-6 Delays and Extensions of Time 75 6-7 Time of Completion 76 6-8 Completion, Acceptance, and Warranty 77 6-9 Liquidated Damages 77 »» - 6-10 Use of Improvement During Construction 77 0Revised 11/01/06 Contract No. PWGS316R Page 3 of 93 Pages Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 Responsibilities of the Contractor Contractor's Equipment and Facilities 78 Labor 78 Liability Insurance 78 Workers' Compensation Insurance 79 Permits 79 The Contractor's Representative 79 Cooperation and Collateral Work 80 Project Site Maintenance 80 Protection and Restoration of Existing Improvements 82 Public Convenience and Safety 82 Patent Fees or Royalties 89 Advertising 89 Laws to be Observed 89 Antitrust Claims 89 Facilities for Agency Personnel General 89 Measurement and Payment Measurement of Quantities for Unit Price Work 89 Lump Sum Work 90 Payment 90 Revised 11/01/06 Contract No. PWGS316R Page 4 of 93 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 P.M. ON NOVEMBER 14, 2007, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: FY 06-07 Traffic Signal UPS and Battery Backup Installation. TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R BID NO. PWS08-10STS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the 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 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. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include City of Carlsbad Technicat Specifications and the Standard Specifications for Public Works Construction. Sections 2 & 3. 2006 Edition, and the 2006 supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. 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. Revised 11/01/06 Contract No. PWGS316R Page 5 of 93 Pages BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: 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 $250.000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein 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. 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. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: C-10 ESCROW AGREEMENT 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. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, 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. Revised 11/01/06 Contract No. PWGS316R Page 6 of 93 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID 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. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. 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. ADDENDUMS 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. Revised 11/01/06 Contract No. PWGS316R Page 7 of 93 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. 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 General 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 be accompanied by 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: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 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. 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. 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. 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. BUSINESS LICENSE 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. 2007-253, adopted on the 25th day of September, 2007. Date: October 2, 2007 BTierry Fr«£ijsinger, Deputy PUBLISH: October 5, 2007 Revised 11/01/06 Contract No. PWGS316R Page 8 of 93 Pages CITY OF CARLSBAD TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONTRACTOR'S PROPOSAL OPENED, WITNESSED AND REC( DATE'SIGNATURE7 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, 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. PWGS316R in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" TRAFFIC SIGNAL UPS AND BATTERY INSTALLATION Item No. Description A-1 Provide and Install Clary SP1000SR Battery Backup System at Approximate Quantity and Unit 33 Each $ Unit Price o«~3. n^n "* A-2 Dollars (Each) Provide and install anodized aluminum auxiliary cabinet (mounted on side of existing traffic signal cabinet) at QMS 33 Each Dollars (Each) Total $ |95 off $ ^155.1l Total amount of bid in words for Schedule "A":M/v/g"frA Fouvu * Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Revised 1 1/01/06 Contract No. PWGS316R Page 9 of 93 Pages ttr Addendum(a) No(s). MOK/ _ 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 30^ witnin tne §tate of California, validly licensed under license number Class A, B, C-7 & C-10 _ • classification _ which expires on \3l f(\3R 7 and that this_, 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. 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 llt/D/ vpHTiL- (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. Revised 11/01/06 Contract No. PWGS316R Page 10 of 93 Pages License Detail Page 1 of2 Wednesday, November 14, 2007 License Detail Contractor License # 161273 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 11/14/2007 * * * Business Information * * * STEINY AND COMPANY INC PO BOX 8100 BALDWIN PARK, CA 91706 Business Phone Number: (626) 962-1055 Entity: Corporation Issue Date: 07/01/1956 Expire Date: 05/31/2009 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description (A iGENERAL ENGINEERING CONTRACTOR ! jcio 'ELECTRICAL | ic-7 LOW VOLTAGE SYSTEMS \ IB iGENERAL BUILDING CONTRACTOR ; * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6253061 in the amount of $12,500 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) SUSAN STEINY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/02/1992 BOND OF QUALIFYING INDIVIDUAL^): The Responsible Managing Officer (RMO) JOHN OLERICH STEINY certified that he/she http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/14/2007 License Detail Page 2 of 2 owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/01/1956 BOND OF QUALIFYING INDIVIDUAL^): This license filed Bond of Qualifying Individual number 6239891 for WILLIAM BERNARD HADLEY in the amount of $12,500 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 01/01/2007 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number: VTC2JUB5642B69A07 Effective Date: 07/01/2007 Expire Date: 07/01/2008 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request _ . _ Salesperson NameSalesperson Request RequeSt "''iv^f ^ © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/14/2007 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 City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) 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 City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. 0Revised 11/01/06 Contract No. PWGS316R Page 11 of 93 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted STEINY AND COMPANY, INC, (2). (Signature) Richard Tesoriero, Vice President (Title) (3) Incorporated under the laws of the State of (\flAjlorru <^ (4) Place of Business Impress Corporate Seal here STEINY AND COMPANY, INC. 12907 EastGorvwAvenue City and State (5) Zip Code (6) E-Mail (Stree Baldwin Pak.CA Telephone No.626-338-9923 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 11/01/06 Contract No. PWGS316R Page 12 of 93 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. 14 _ before me,Shawn R. Bradfield, Notary Publi Date personally appeared _ Name and Title of Officer (e.g., "Jane Doe, Notary Public") Richard Tesoriero «^ CommtMton* 1738049 iNototy futXIc • California Mvwild* County MyConmepiwMay 9.2011 Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person^) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/thoir authorized capacityftea), and that by his/hefAbeir signature^) on the instrument the personfe), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. 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: \\iO \^Cl O "T .Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero D Individual yDCorporate Officer — Title(s):Vice President RIGHT THUMBPRINT OF SIGNER Top of thumb here D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Steiny and Company, INc. 81999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 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: Chairman J.O. Steiny Susan Steiny Vice President Richard Tesoriero Secretary Gayle C. Kappelman Revised 11/01/06 Contract No. PWGS316R Page 13 of 93 Pages BID SECURITY FORM (Check to Accompany Bid) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R (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.) Revised 11/01/06 Contract No. PWGS316R Page 14 of 93 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R KNOW ALL PERSONS BY THESE PRESENTS: Thai we, Steiny_and Company Jnc. _ as Principal, and Safeco Insurance Company of America 35 Surety are held and firmly bound unto the City of Carsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent (10%) of the * for which payment, well anil truly made, we bind ourselves, our heirs, executors and administrators. successors or assigns, jorntfy and severally, firmly by these presents. * Total Amount of the Bid THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal ton TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS31SR 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 sw^rd of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null artd void; otherwise, it shall be and remain in full force and effect, ^nd the amount specified herein shall b© forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall i Rsvised 11/01/Oe Contract No. PWGS316R Page 15 of 93 Pages not exonerate the Surety from its obligations under this bond- Executed by PRINCIPAL this l&l-k^ day of K\lVjfTvbQ.r 20 PRINCIPAL Steiny and Company. Inc. (name Bjt_ (sign here) Richard Tesoriero. Vice President (print name here) STEINY AND COMPANY, INC. (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 9tn of November _ . aO_07 SURETY: Safeco Insurance Company of America (name of Surety) l°ejSl!cSll203'° (address of Surety) (818)956-4338 (telephone number of Surety) By: C^L ^£, Q)flfV4HUK(signature of Attomey-in-Facty Jeri Apodaca, Attorney in Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment 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 CHy Attorney Revised 11/01/06 Contract No. PWG5316R Page 16 of 93 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On Dale personally appeared \A 3JS)1 before me, Shawn R. Bradfield, Notary ' Name and Title of Officer (e.g., "Jane Doe, Notary Public") Publi Richard Tesoriero «i ConwMMion* 1738049 | Notwy MWte • California fttv*nKt« County Name(s) of Signer(s) )£Dpersonally known to me D proved to me on the basis of satisfactory evidence to be the person^ whose name"fc) is/afe subscribed to the within instrument and acknowledged to me that he/she#hey executed the same in his/b«/their authorized capacity(T&s), and that by his/her/their signature^ on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signature o( 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: \JjA QL , \DQTVJL . _ Document Date:3ft) 7 . Number of Pages:. Signer(s) Other Than Named Above:'QA 6aJkiCD Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero D Individual >*OCorporate Officer - Title(s): Vice President 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 Is Representing: Steiny and Company, INc. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 •www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 State of California County of Orange ACKNOWLEDGEMENT On NOV 0 9 2007 before me, Rhonda C. Abel, Notary Public (here insert name and title of the officer) personally appeared Jeri Apodaca personally known to me (or 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 acknowledge 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. WITNESS my hand and official seal.RHONDA C.ABELn £CO MM. # 1597948 » INOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY 0 COMM. EXP. AUG. 9.2009 f (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S)LIMITED GENERAL 1X1 ATTORN EY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP Safeto POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle. WA 98185 No. 9675KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ""•"•"•••RHONDA C. ABEL; JERIAPODACA; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California"""***""**""*"*""*"""*"*"*"*"""""""*"" its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 11th day of July 2007 W STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this NOV 0 9 2007 day of S-0974/DS 4/05 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF STEINY AND COMPANY, INC. Certification by Secretary of Corporate Resolution At the meeting of the Directors of Steiny and Company, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on May 24, 2007 at which a quorum of the directors were present the following resolution was adopted to wit: Resolved, that: Chairman of the Board J.O. Steiny President and Treasurer Susan Steiny Chief Financial Officer Vincent P. Mauch Vice President Willie B. Hadley Vice President Walter E. Johansen III Vice President Richard Tesoriero Secretary Gayle C. Kappelman Are hereby authorized to sign contracts/agreements in the name of and on behalf of Steiny and Company, Inc. I Gayle C. Kappelman, Secretary of Steiny and Company, Inc., do hereby certify that I am the Secretary of Said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on May 24, 2006 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. . GayfiTC. Kappelmafi, Secretary Company Profile Page 1 of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA ** SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: 0163 California Company ID #: 1442-3 Date authorized in California: October 07, 1953 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact ;ompany is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossar AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://interactive.web.insurance.ca.gov/webuser/idb_cojprof_utl.get_co_pr... 11/14/2007 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - September 11, 2007 12:43 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 11/14/2007 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. 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 subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors 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. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Am¥ Revised 11/01/06 Contract No. PWGS316R Page 17 of 93 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 11/01/06 Contract No. PWGS316R Page 18 of 93 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract 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 in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business UOM&-" Subcontractor's License No, and Classification* Amount of Work by Subcontractor in Dollars* Page.pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) Caiifornia Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 11/01/06 Contract No. PWGS316R Page 19 of 93 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 Contract Completed fuLfttta Name and Address of the Employer LhidL ^hu-h Name and Phone Mo* of Person to Contract Type of Work Amount Of Contract BIDDER'S CERTIFICATE OF INSURANCE FOR Revised 11/01/06 Contract No. PWGS316R Page 20 of 93 Pages Major construction projects in progress as of this date: Owner Project Location Valuation Contact Person Telephone No. Orange County Transportation Authority (OCTA) SR 22 Freeway HOV Lane Design $22,140,890.00 David Smith (GMR) (714)712-1600 Owner Project Location Valuation Contact Person Telephone No. City of Santa Monica FY 2005 Street and Park Lighting Project (SP1970) $2,089,527.00 Gene Higginbotham (310)458-8721 Owner Project Location Valuation Contact Person Telephone No. Los Angeles County Metropolitan Transportation Authority Goldline $44,423,656.00 John Yen (323) 980-2504 Owner Project Location Valuation Contact Person Telephone No. Construction projects completed as of this date: County of Los Angeies Inglewood Avenue, ETALTSM0010152 $662,222.00 Cliff Craig (626)458-5100 Owner Project Location Valuation Contact Person Telephone No. City of Beverly Hiils Phase III Residential Street Lighting Improvements $7,059,977.00 Chris Theisen (310)285-2504 Owner Project Location Valuation Contact Person Telephone No. City of Pasadena Fair Oaks Corridor Transportation $1,814,489.00 Dave Ortega (626) 744-4312 More Available upon Request GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 each of: JS^ Comprehensive General Liability J& Automobile Liability J& Workers Compensation Employer's Liability 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, Automobile Liability, Workers Compensation and Employer's Liability 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 and the General Provisions for this project for each insurance company that the Contractor proposes. 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. Revised 11/01/06 Contract No. PWGS316R Page 21 of 93 Pages A CORD™ €iarrme^i¥ i Tvwos0 \ PRODUCERAon Risk Insurance Services West, Inc.1901 Main Street __ Suite 300 __«-«-iTl7"^ Irvine CA 92614 USA UHC*^** PHONE-C949) 608-6300 FAX- (949) 608-64SiUi 1 R INSURED St PO 12 Ba ;iny and Company, Inc. Box 8100 907 E. Garvey Avenue Idwin Park CA 91706 009 Jj^l 'J -*- ENGINEE DEPART THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS • MBfTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. jnM INSURERS AFFORDING COVERAGE INSURER A: Travelers Property Cas Co of America L*H*y?B: Plfeffic: INSURER D: INSURER E: COVERAGES 11ikCertii5cate is not intended to specify all endorsements, coverages, imro, conditions and excte^ ! PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [ X [ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: — I fvi pR°- r~i_J POLICY 1*1 JECT | | LOC A "x~ ^^•B i^M ^^•B X MMBX ^^H ^^m UTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY 1 ANY AUTO EXCESS LIABILITY | OCCUR | [ CLAIMS MADE | DEDUCTIBLE ™J RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER VTC23C05642B707TIL07 VTJCAP5642B719TIL07 VTC2JUB5642B69A07 POLICY EFFECTIVE DATE(MM\DD\YY) 07/01/07 07/01/07 07/01/07 POLICY EXPIRATION DATE(MM\DD\YY) 07/01/08 07/01/08 07/01/08 LIMITS EACH OCCURRENCE FIRE DAMAGE(Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY : AGO EACH OCCURRENCE AGGREGATE X |WC STATU- OTH-ITORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE-POLICY LIMIT E.L. DISEASE-EA EMPLOYEE $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Carlsbad, its officials, employees and volunteers are additional insured. Re: Steiny Job #4082; Cont NO. PWGS316R - Traffic signal UPS and Battery Backup installation, Carlsbad, CA. GL & Auto endorsement and we waiver attached JfiEMI\*FIC ATE HOLDER CANCELLATION city of CarlsbadPublic works Purchas"Attn: Kevin Davis 1635 Faraday Avenue Carlsbad CA 92008-73: s ng Department ^6 c4 USA j HOULD ANY OF THE ABOVE DESCRIBED POL ATE THEREOF, THE ISSUING COMPANYWI 0 DAYS WRITTEN NOTICE TO THE CERTIFIC/ ICIES BE CANCELLED BEFORE THE EXPIRATION ^TE HOLDER NAMED TO THE LEFT, UJTHORIZED REPRESENTATIVE f^^~^=' 'S*&*-~ Ct=tSr&^f**—^.rwtifi.-!.** Vn • 570026831479 HnlHer Identifier := § g £ ^h_l jS £ i ACORD 25-S (719 7V ACORB CORPORATION 19881 •• COMMERCIAL GENERAL LIABILITY POLICY NUMBER: VTC2J-CO-5642B707-TIL-07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under me following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree In a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to me extent that, the Injury or damage Is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. In the event that the Limits of insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring in Insurance". This endorsement shall not increase the limits of insurance described in Section III - Limits Of Insurance. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to "bodily Injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily Injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional Insured for a loss we cover under this endorsement However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance Is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 >2005 The St. Paul Travelers Companies, Inc.Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence or offense look place: ii. The names and addresses of any Injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect: and c. Before the end of the policy period. CG D2 46 08 05 i2005 The St. Paul Travelers Companies, Inc.Page 2 of2 COMMERCIAL AUTO POLICY NUMBER: VTJ-CAP-5642B719-TIL-07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under me following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): Any person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 STPAUL TJ?AVELEf?S WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 9903 76 (00) — 001 POLICY NUMBER: VTC2J-UB-5642B69A-07 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT PRIOR TO LOSS TO FURNISH THIS WAIVER. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 party debarred agency agency period of debarment period of debarment BY CONTRACTOR: STEINY AND COMPANY, INC, By: ctor) (sign here) Richard Tesoriero, Vice President (print name/title) Page.of pages of this Re Debarment form Revised 11/01/06 Contract No. PWGS316R Page 22 of 93 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 10 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 contractor's 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? X, yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X. 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 therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. PWGS316R Page 23 of 93 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: STEINY AND COMPANY, INC. (perrfie onBomtractor) „ ^s?ZBy: ^X^ (sign here) Richard Tesoriero, Vice President (print name/title) Page I of \ pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. PWGS316R Page 24 of 93 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R State of California ) r\ i ) ss-County of UO HOfJdJflS ) Richard Tesoriero t being first duly sworn, deposes (Name of Bidder) and says that he or she is Vba President (Title) , STEINY AND COMPANY, INC.01 (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 thatthis affidavit was executed on the lAjrlw day of |\V5Y^mJb(Lr 20 07. Signature of Bidder Subscribed and sworn to before me on the lAii^ day of ^0V[£mb Q/ , 20 Q7. 1. BRAOFIELO | Commtttton * 1738049 t Notory Public • California s !Nv«nlcM» County - Revised 11/01/06 Contract No. PWGS316R Page 25 of 93 Pages CONTRACT PUBLIC WORKS This agreement is made this day of y_ J^^L^^LO^^ — _ , 2008, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City1), and _ STEINY AND COMPANY INC. _ whose principal place of business is _ PO Box8100 Baldwin Park CA 91706 _ (hereinafter called "Contractor"). City and Contractor agree as follows: 1 . Description of Work. Contractor shall perform all work specified in the Contract documents for: TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R (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, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General 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. 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 General 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. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 11/01/06 Contract No. PWGS316R Page 26 of 93 Pages 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 II, or Class III 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 DSC 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. 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. Revised 11/01/06 Contract No. PWGS316R Page 27 of 93 Pages 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. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, 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 City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial 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. Business 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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. 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, and employers' liability coverage. Revised 11/01/06 Contract No. PWGS316R Page 28 of 93 Pages 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) 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 ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.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. (E) 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. (F) 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. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. 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 City Council Policy # 70. (H) 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. (I) 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 Section 3 of the General Provisions. 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. Revised 11/01/06 Contract No. PWGS316R Page 29 of 93 Pages (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 fall e claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. seesks(D) Penalty Recovery. If the City of Carlsbad Claims Act, it is entitled to recover its litigation costs, i to recover penalties pursuant to the False ncluding 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. I (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsb ad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above.init init 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 P^rt 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. Revised 11/01/06 Contract No. PWGS316R Page 30 of 93 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. 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. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Steiny and Company, Inc (sign here) Richard Tesoriero, Vice President By: (print name and title) ^ ^(7 RLSBAJD/a mufllci Califorr/a M. WOOFf £ity Clerkv-' (sign nere) Gayle C. Kappelman, 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 Attorni Revised 11/01/06 Contract No. PWGS316R Page 31 of 93 Pages CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On January 21,2008 before me, Kathy M.Bruce - Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Richard Tesoriero and Gayle C. Kappelman , Name(s) of Signer(s) who 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 ho/she/they executed the same in Ws/hef/their authorized capacity(ies), and that by hisA«F/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.KATHY M.BRUCE L Commission # 1475989 I Notary Public - California f Los Angeles County f My Comm. Expires Apr 9,2008F (Seal) 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: #P WGS316R-Traffic Signal UPS & BBU Installation -City of Carlsbad Document Date: N/A Number of Pages: 6 N/ASigner(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero and Gayle C. Kappelman Individual Corporate Officer - Title(s): Partner(s) - I I Limited Attorney-in-Fact Trustee Guardian or Conservator Other: Vice President & Corp. Secretary General Signer is Representing: Steiny and Company, Inc. Top of thumb here \\Ssbp02\Users\kedw68\My Documents\excel\BILLINGS\Notary Acknowledgement 08 1/21/2008 Bond No. 6482186 Premium Included in Performance Bond Executed in Duplicate LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2008-002, adopted January 8, 2008, has awarded to STEINY AND COMPANY INC. (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 ali 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, STEINY AND COMPANY INC. , as Principal, (hereinafter designated as the "Contractor"), and Safeco Insurance Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED NINETY FOUR THOUSAND FOUR HUNDRED THIRTY SIX Dollars ($194,436), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and 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 Contractor 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, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, 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 the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorneys fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. 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 hereunder 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. v.,. Revised 1 1/01/06 Contract No. PWGS316R Page 32 of 93 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 _ day of __ _ ....... _________ , 20_ CONTRACTOR: Steiny and Company, Inc. (name of CojatrScfe By: _ (sign here) Richard Tesoriero (print name here) Vice President Executed by SURETY this 16th day of January , 20 08 . SURETY: Safeco Insurance Company of America (name of Surety) 330 No. Brand Blvd., Suite 680 CA 912(address of Surety) (818)956-4338 (telephone number of Surety) (title and organization of signatory) By: # '(sl§i<ttere) Gayle C. Kappelman (print name here) (sTgnatOre of Attonjiey-irf-Fact) Jeri Apodaca, Attorney in Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) Secretary (title and organization of signatory) (Proper notarial acknowledgment 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 Revised 11/01/06 Contract No. PWGS316R Page 33 of 93 Pages CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On January 21,2008 before me, Kathy M.Bruce - Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Richard Tesoriero and Gayle C. Kappelman , Name(s)ofSigner(s) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.IKATHY M.BRUCE Commission # 1475989 Notary Public - California 1 Los Angeles County r My Comm. Expires Apr 9,2008F V H> nr-nr-W W » «, «,4, Signature (Seal) 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: LABOR AND MATERIALS BOND #6482186 Title or Type of Document: #PWGS316R-Traffic Signal UPS & BBU Installation -City of Carlsbad Document Date: January 16, 2008 Number of Pages: 2 Signer(s) Other Than Named Above: Jeri Apodaca - Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero and Gayle C. Kappelman Vice President & Corp. Secretary ~| General I | Individual [x] Corporate Officer - Title(s): n Partner) s) - I I Limited |~| Attorney-in-Fact |"~| Trustee |~| Guardian or Conservator n Other: Signer is Representing: Steiny and Company, Inc. Top of thumb here \\Ssbp02\Users\kedw68\My Documents\excel\BILLINGS\Notary Acknowledgement 08 1/21/2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JAN 1 6 ZOOS before me> Nanette Myers. Notary Public. personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) \sham subscribed to the within instrument and acknowledged to me that >he/she/they;executed the same in bis/herftfo&tr 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature NANETTE MYERS I Commission # 1627685 | Notary Public - California | Orange County I JMy Comm. Expires Dec 6, 20001 Bond No. 6482186 Executed in Duplicate Premium $1,361 .00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2008-002, adopted January 8, 2008, has awarded to STEINY AND COMPANY INC. (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 Carlsbad, 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, _ STEINY AND COMPANY INC. _ , as Principal, (hereinafter designated as the "Contractor"), and Safeco Insurance Company of _ America _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED NINETY FOUR THOUSAND FOUR HUNDRED THIRTY SIX Dollars ($194,436), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and 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 Carlsbad, 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 therefore, 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 there under 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. Revised 11/01/06 Contract No. PWGS316R Page 34 of 93 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 _ day of , 20_ CONTRACTOR: Steiny and Company, Inc. (name of Contractor) By: (sign here) Richard Tesoriero Executed by SURETY this 16th day of January .20 08 SURETY: Safeco Insurance Company of America (name of Surety) 330 No. Brand Blvd., Suite 680 Glendale, CA91203 (address of Surety) (818)956-4338 (print name here) (telephone number of Surety) Vice President By: (Title and Organization of Signatory) By: / (signThefe) Gayle C. Kappelman (signatut»-0f Attomf y-m-Fact) Jeri Apodaca, Attorney in Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (print name here) Secretary (Title and Organization of signatory) (Proper notarial acknowledgment 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: Deputy City ATtorney Revised 11/01/06 Contract No. PWGS316R Page 35 of 93 Pages CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On January 21,2008 before me, Kathy M.Bruce - Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Richard Tesoriero and Gayle C. Kappelman , Name(s) of Signer(s) who 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/hep/their authorized capacity(ies), and that by h4s/he?/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.KATHY M.BRUCE Commission # 1475989 Notary Public - California Los Angeles County My Comm. Expires Apr 9,iy r >. 2008f« »4 (Seal) 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: FAITHFUL PERFORMANCE /WARRANTY BOND #6482186 Title or Type of Document: #PWGS316R-Traffic Signal UPS & BBU Installation -City of Carlsbad Document Date: January 16, 2008 Number of Pages: 2 Signer(s) Other Than Named Above: Jeri Apodaca - Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero and Gayle C. Kappelman Individual Corporate Officer - Title(s): Partner(s) - I I Limited |"~| General Attorney-in-Fact Trustee Guardian or Conservator Other: Vice President & Corp. Secretary Signer is Representing:Steiny and Company, Inc. Top of thumb here \\Ssbp02\Users\kedw68\My Documents\excel\BILLINGS\Notary Acknowledgement 08 1/21/2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JAN ! 6 ZQ08 before me, Nanette Mvers. Notary Public. personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arcs subscribed to the within instrument and acknowledged to me that ]he/she/tlie$£executed the same in his/her/tfeedr 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature NANETTE MYERS I Commission # 1627685 I Notary Public - California f ' Orange County £ My Cor-^1 Expires Dec 6, 2009F Safeco POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No. 9675KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint RHONDA C. ABEL; JERIAPODACA; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California""""11 .«. its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 11th day of July 2007 STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this .IAN 1 6 2008 day of S-0974/DS 4/05 \J STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF 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 TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R 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 City 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. Revised 11/01/06 Contract No. PWGS316R Page 36 of 93 Pages 6. Contractor shall have the right to withdraw all 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 FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address 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. Revised 11/01/06 Contract No. PWGS316R Page 37 of 93 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature. Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 11/01/06 Contract No. PWGS316R Page 38 of 93 Pages GENERAL PROVISIONS FOR TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 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. 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. 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. 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. Revised 11/01/06 Contract No. PWGS316R Page 39 of 93 Pages 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - the City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. 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. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 11/01/06 Contract No. PWGS316R Page 40 of 93 Pages Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Public Works Manager - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Revised 11/01/06 Contract No. PWGS316R Page 41 of 93 Pages Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. 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. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Revised 11/01/06 Contract No. PWGS316R Page 42 of 93 Pages Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Revised 11/01/06 Contract No. PWGS316R Page 43 of 93 Pages Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DEL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation Revised 11/01/06 Contract No. PWGS316R Page 44 of 93 Pages ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box Revised 11/01/06 Contract No. PWGS316R Page 45 of 93 Pages RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL .Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 11/01/06 Contract No. PWGS316R Page 46 of 93 Pages } 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) „ 1.6093 kilometer (km) 1 square foot (fr) 0.0929 square meter (m. 1 square yard (yd ) 0.8361 square meter (m1 cubic foot (ft3) 0.0283 cubic meter (m3) 1 cubic yard (yd ) 0.7646 cubic meter (m) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W)1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A)1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 11/01/06 Contract No. PWGS316R Page 47 of 93 Pages Common Metric Prefixes kilo(k) ................................................................................................... 103, centi(c) ................................................................................................. 10, milli(m) ................................................................................................. 10'3 micro (n) ............................................................................................... 10"°nano(n) ................................................................................................ 10" , pico(p) .................................................................................................. 10'12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($1 0,000), whichever is greater." Revised 11/01/06 Contract No. PWGS316R Page 48 of 93 Pages "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. 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 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 Board 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 Board 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. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. f\ m¥ Revised 11/01/06 Contract No. PWGS316R Page 49 of 93 Pages 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds ] with the Agency to be approved by the Board in the amounts and for the purposes noted below. ****' Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. 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 a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. 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. 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 bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been /->*% paid. ^^' 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 un-revoked 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 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. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall ^^ be waived by the Surety. ^^ Revised 11/01/06 Contract No. PWGS316R Page 50 of 93 Pages 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3), and the 2007 supplements thereto hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of these specifications. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Carlsbad General Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Revised 11/01/06 Contract No. PWGS316R Page 51 of 93 Pages Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which Submittals are required by performed, before the required Submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of Submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. Revised 11/01/06 Contract No. PWGS316R Page 52 of 93 Pages When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor 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: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12,13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. Revised 11/01/06 Contract No. PWGS316R Page 53 of 93 Pages 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation sys- tems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 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 within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 Work to Be Done. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 Subsurface Data All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 11/01/06 Contract No. PWGS316R Page 54 of 93 Pages 2-8 Right-of-Way. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or 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 or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, etseq. 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 within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 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. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Revised 11/01/06 Contract No. PWGS316R Page 55 of 93 Pages 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 and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors 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 and the staff of all subcontractors to this contract. 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, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will 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 and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. Revised 11/01/06 Contract No. PWGS316R Page 56 of 93 Pages 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. Revised 11/01/06 Contract No. PWGS316R Page 57 of 93 Pages 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Revised 11/01/06 Contract No. PWGS316R Page 58 of 93 Pages 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 and Equipment Rental Rates" published by CALTRANS, 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 surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (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. Revised 11/01/06 Contract No. PWGS316R Page 59 of 93 Pages (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 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. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. 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. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accor- dance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. Revised 11/01/06 Contract No. PWGS316R Page 60 of 93 Pages If the Engineer determines that the conditions do not justify an adjustment in compensation, the "**""*' Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. 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 the Contractor 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. 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." By: Title: Date: Company Name: 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. Revised 11/01/06 Contract No. PWGS316R Page 61 of 93 Pages 3-5 DISPUTED WORK. 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. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor 3. Public Works Manager, General Services 4. Public Works Director 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 10 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 the Contractor 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. 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, (B) 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. Revised 11/01/06 Contract No. PWGS316R Page 62 of 93 Pages 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. (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 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 non-binding 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. Revised 11/01/06 Contract No. PWGS316R Page 63 of 93 Pages (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. (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. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. Revised 1 1/01/06 Contract No. PWGS316R Page 64 of 93 Pages 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. 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. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. Revised 11/01/06 Contract No. PWGS316R Page 65 of 93 Pages 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental 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 the Engineer 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. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. Revised 11/01/06 Contract No. PWGS316R Page 66 of 93 Pages The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. 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, appearance, 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. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. Revised 11/01/06 Contract No. PWGS316R Page 67 of 93 Pages 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. 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. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Revised 11/01/06 Contract No. PWGS316R Page 68 of 93 Pages Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. Revised 11/01/06 Contract No. PWGS316R Page 69 of 93 Pages When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. 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 the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. Revised 11/01/06 Contract No. PWGS316R Page 70 of 93 Pages If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 20 calendar days after receipt of the "Notice to Proceed". 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. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a 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. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Revised 11/01/06 Contract No. PWGS316R Page 71 of 93 Pages 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. Revised 11/01/06 Contract No. PWGS316R Page 72 of 93 Pages 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to property provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes providing and installing traffic signal uninterruptible power sources, auxiliary cabinets, and all appurtenances to provide completely operable emergency power sources at multiple locations. 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Revised 11/01/06 Contract No. PWGS316R Page 73 of 93 Pages 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontologies! Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. Revised 1 1/01/06 Contract No. PWGS316R Page 74 of 93 Pages 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. 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 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) therefore. Revised 11/01/06 Contract No. PWGS316R Page 75 of 93 Pages 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. 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. No work involving intersections of the following streets shall be performed by the contractor before 8:30 AM or after 3:30 PM: 1. Aviara Parkway 2. Cannon Road 3. La Costa Avenue 4. Melrose Drive 5. Poinsettia Lane This prohibition of work hours includes the installation and removal of traffic control devices required for the Contractor to perform its work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Revised 11/01/06 Contract No. PWGS316R Page 76 of 93 Pages 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "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. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that Five Hundred Dollars ($500.00) 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. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to re-clean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. Revised 11/01/06 Contract No. PWGS316R Page 77 of 93 Pages In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. Revised 11/01/06 Contract No. PWGS316R Page 78 of 93 Pages 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the ****•" Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. 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. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, 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 therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. Revised 11/01/06 Contract No. PWGS316R Page 79 of 93 Pages In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 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. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Revised 11/01/06 Contract No. PWGS316R Page 80 of 93 Pages Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. 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 therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. 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 therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. Revised 11/01/06 Contract No. PWGS316R Page 81 of 93 Pages The Contractor shall comply with the California State Water Resources Control Board (SWRCB) 1 Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General "^ Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 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. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing •""*<•, improvements and shall match them in finish and dimension. ^^ Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Revised 11/01/06 Contract No. PWGS316R Page 82 of 93 Pages Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire ***"*" hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-941 7. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. Revised 1 1/01/06 Contract No. PWGS316R Page 83 of 93 Pages In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for the associated work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. Revised 11/01/06 Contract No. PWGS316R Page 84 of 93 Pages The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, 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 ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. 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 and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. 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 206-7.2 et seq. 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 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' 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 not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Revised 11/01/06 Contract No. PWGS316R Page 85 of 93 Pages 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (1.8 m (6')) minimum acceptable lateral safety buffer distance, nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment less than 0.6 m (2') 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, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer 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. During the entire construction, a minimum of one paved traffic lanes, not less than (12') wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these 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. 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. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20- day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge Revised 11/01/06 Contract No. PWGS316R Page 86 of 93 Pages of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans 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 and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. 0Revised 11/01/06 Contract No. PWGS316R Page 87 of 93 Pages The Contractor shall notify the Engineer if a specified product cannot be used under safe •*"—"' conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor -->. personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and ^J) their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable 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 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. Revised 11/01/06 Contract No. PWGS316R Page 88 of 93 Pages 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. 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. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Sectjon 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A field office for Agency personnel is not required. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. Revised 11/01/06 Contract No. PWGS316R Page 89 of 93 Pages 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Revised 11/01/06 Contract No. PWGS316R Page 90 of 93 Pages Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a property executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. 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 these General Provisions. 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 the Contractor's 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 property 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. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. Revised 11/01/06 Contract No. PWGS316R Page 91 of 93 Pages As provided in Section 22300 of the California Public Contract Code, the Contractor may "i substitute securities for any monies withheld by the Agency to ensure performance under the >—' Contract. 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 Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to **+. ascertain the basis and amount of said disputed items. The Engineer will consider the merits of j the Contractor's claims. 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 payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. 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. Revised 11/01/06 Contract No. PWGS316R Page 92 of 93 Pages Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 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. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 11/01/06 Contract No. PWGS316R Page 93 of 93 Pages APPENDIX A SUPPLEMENTAL PROVISIONS FOR TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R TECHNICAL SPECIFICATIONS & SPECIAL CONSTRUCTION PROVISIONS PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 1 of 32 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory installation and testing of a fully operational uninterruptible power source and battery backup system at various traffic signal locations throughout the City of Carlsbad. The work shall consist of providing suitable traffic control; all utility location and verification (excavating, exposing, and verifying top, bottom, and side of utility facilities); all demolition work indicated in these reference specifications: all earthwork (including trenching, shoring, bedding, backfilling including select imported material or select native material); dewatering; providing and installing all equipment, and appurtenances; protecting in place or removing and replacing all existing utilities and public and private improvements; re-vegetation; testing all equipment, disposing of excess demolished building materials, soil, and rock material and restoring all adjacent areas and improvements to pre-construction conditions. Contractor shall, upon completion of all work required herein, initially operate all components of the Contract Work installed or furnished and installed by him, and make any additional, adjustments, corrections, repairs, replacements, and reconstruction's necessary to provide Owner with complete, correctly operating traffic signal uninterruptible source and battery backup system. The Contractor shall schedule testing a minimum of 48 hours in advance with the Project Inspector and shall not interrupt, connect equipment to, test, or interfere with the normal operation of the traffic signal without prior permission from the Project Inspector 2. Work Site The Contract work site is located in the City of Carlsbad at various traffic signal controlled intersections as detailed elsewhere in these Contract documents. Bidders shall review the project sites prior to submitting a bid. 3. Construction Plans (Drawings) No separate construction plans are included other than these reference specifications and cut-sheets incorporated herein. 4. Contractor Experience and Staff Qualifications The Contractor shall maintain a valid C-10 Contractors license for the duration of this agreement. The Contractor shall demonstrate at least three (3) years experience in the specialized field of traffic signal construction, repair and/or maintenance. Contractor shall use only Level II or higher Municipal Signal Association / Traffic Signal Association certified technicians to service, maintain, and make necessary repairs to traffic signal devices within the confines of controller cabinet. Skilled laborers can make hardware repairs under the direct supervision of the Level II technician. No work will occur at any signalized intersection under this agreement without a Level II or higher technician present at all times unless otherwise previously approved in writing by the Public Works Director or approved designee. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 2 of 32 Contractor shall maintain on staff a minimum of one International Municipal Signal Association / Traffic Signal Association Level III certified technician at all times. Contractor shall maintain on staff a minimum of one ATSSA certified Traffic Control Supervisor at all times. Attachment(s) shall be used to demonstrate the bidder's compliance with this section. Any Bidder that cannot document this experience through employee certifications, references and experience completing similar projects for other public agencies shall have their bid declared non-responsive. 5. UPS / Battery Backup Systems UPS / Battery Backup System units shall be Clary SP1000 Traffic UPS (or approved equal). The power inverter for ups units shall be rack-mounted within the existing Model 332 signal controller cabinet. Batteries for the UPS system shall be housed in an auxiliary cabinet per Section 6. UPS / Battery Backup System units from alternate manufacturers must demonstrate a minimum of five years of use in municipal traffic signal applications. Alternate manufactures that do not meet these criteria will not be accepted as "equal" to Clary units. UPS units shall provide a minimum of eight (8) hours of continuous red flash operation at intersections using red LED signal indications. UPS / Battery Backup System units shall provide continuous power conditioning to the signal controller. Contractor shall not perform any work inside the existing traffic signal controller cabinet without either a City staff member or the City's traffic signal contractor on-site. Contractor shall coordinate internal cabinet connections with the City's Project Inspector and/ or signal maintenance contractor so that both parties are available on-site to test each installation for proper function. Contractor shall furnish all labor, equipment, and incidental materials that may be necessary to install the entire UPS system including inverter and batteries into the main signal control and auxiliary cabinets at the locations specified in the attached location listing. 6. Auxiliary Cabinets Contractor shall provide and install anodized aluminum auxiliary cabinets, Model M34385 BBS Cabinet, 27"x24"x8", as manufactured by McCain 2365 Oak Ridge Way, Vista, CA 92081, Phone 760-727-8100 - Fax 760-727-8264 - www. mccaintraffic. com. per attached fabrication drawing that can accommodate all batteries required to operate the backup system, (or approved equal) Auxiliary cabinets shall be NEMA 3R rated. Auxiliary cabinets shall be constructed of anodized aluminum. Auxiliary cabinets shall be equipped with Best "construction" core locks. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 3 of 32 Auxiliary cabinets shall be equipped with fan, thermo assembly, and dust filter. Auxiliary cabinets shall be designed with "side-of-cabinet" mounting utilizing like materials for mounting hardware. Contractor shall furnish all labor, equipment, and incidental materials that may be necessary to install auxiliary cabinets onto the side of existing traffic signal controller cabinets at the locations specified in the attached location listing per Caltrans specifications. Auxiliary cabinets shall be installed on the side of the controller cabinet so as not to impede the range of motion of the existing cabinet access doors, vehicular or pedestrian traffic. Contractor shall seal top and sides (only) of the auxiliary cabinet interface with the existing controller cabinet with 100% Silicone Caulk (Color: clear). The Contractor shall tool the silicone bead smooth and shall remove any excess calk material from the cabinets. 7. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all equipment, equipment components, fabricated materials, and materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the "Contractors Submittals Technical Specifications". Prior to beginning construction, Contractor shall submit 24-hour emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 8. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of City facilities nor operate any existing facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed schedule of proposed work shall be provided to the Owner the Thursday preceding each week. 9. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B. California Regional Water Quality Control Board. San Diego Region Contractor shall, at his expense, obtain authorization to discharge water from ground water extraction (dewatering), line flushing, and testing operations from the California Regional Water Quality Control Board, San Diego Region (Regional Board). A copy of said discharge authorization shall be provided to the Owner. Contractor shall comply with conditions therein and perform the monitoring required. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 4 of 32 Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. C. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. D. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. 10. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor may utilize the adjoining park site for storage of materials and equipment. The contractor shall install temporary construction fencing around the storage area and will be required to return the area to its pre-construction condition. 11. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements (including roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements which results from his operations (except that which is specifically a part of the Contract Work) to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner and property owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 5 of 32 conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 12. Construction Electrical Power The Contractor shall be responsible for procurement of electrical power for his work. The Contractor shall coordinate and pay for services with the Utility and shall include cost of such power sources in his bid item price for the work. The Contractor may, at his option, provide a portable generator for the work. All portable generator equipment must be equipped with suitable mufflers and shall be in good operating condition. 13. Salvage Contractor shall meet with the Owner prior to removal of any material or equipment from the Existing Facility, and the Owner shall designate which equipment, piping, valves, and fittings (if any) are to be salvaged by the Contractor. Salvage shall be delivered, unloaded, and stored by the Contractor as directed by Owner at the Street Maintenance Yard at 405 Oak Avenue, Carlsbad, CA 92008. All other equipment and materials removed shall be considered waste and disposed of by the Contractor. 14. Sequence of Work A. Introduction Project Work includes the following major components: submittal and review of UPS/Battery Systems, Installation of UPS/Battery Systems, Energizing and Testing of UPS/Battery Systems, and restoration of the site surrounding the construction to its original condition. A detailed sequence of work for major project components is provided hereinafter. B. General 1) Prior to beginning construction, Contractor shall excavate, expose, and determine ("pothole") the exact location and depth of each and every potential interference including, but not limited to, all facilities shown specifically (depth and location) on these drawings, or which have been located and marked by respective non member companies or utilities. 2) The Contractor shall perform demolition of portions of the existing facilities and salvage or dispose of the building materials and appurtenances as directed by the owner. 3) The Contractor shall perform all necessary construction for installation of the UPS/Battery system and utility connections as required to provide a fully operational facility. Contractor shall coordinate connection and testing of the UPS/Battery system with Owner and/or designee. 4) The Contractor shall return the areas affected by construction to their original pre-construction condition. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 6 of 32 5) Any proposed modifications to the Sequence of Work provided herein shall be submitted in writing to the Owner for approval. If approved, said modified Sequence of Work shall be implemented by the Contractor at no additional cost to the Owner. Any proposed modifications to the specified Sequence of Work shall reflect the necessary changes in all other project components. 15. Location of Equipment and Ambient Environmental Conditions All electrical equipment shall be designed to operate at the project sites, which is located in an outdoor area in the public Right-of-Way. The project sites vary in elevation approximately 10' to 300' above mean sea level. Maximum design ambient temperature shall be 140°F and minimum design ambient temperature shall be 32°F. Relative humidity may range from 10% to 95%. Equipment shall be designed to prevent damage which could be caused by high or low ambient temperature within the specified range, freezing, dust in the air, winds of up to 70 mph, and wet weather conditions. Equipment shall be specifically designed to function satisfactorily under said conditions. All electrical equipment shall be suitably sealed. 16. Specified Model Numbers All model numbers used herein are provided for information only, to assist Contractor in selecting equipment that conforms to specifications. In case of any conflict between model numbers given herein and the descriptive specifications or performance specified, the descriptive specifications and performance specified shall govern. 17. Inspection Fees Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utilities or others. In the event the Contractor requests to work outside the stated working hours, or on holidays, Saturdays, or Sundays, and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of $100.00 per hour. 18. Compliance with Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs. If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract. 19. Geological Conditions at Work Site Contractor shall, satisfy himself with regard to all geologic conditions which may affect Contract Work. Personal investigation by Contractor is mandatory. Contractor may perform excavations on site prior to bid opening. Contact the Owner to arrange for access to site. Neither the information contained in the drawings, or from Owner, his agents or employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the terms and requirements specified herein. 20. Safety Requirement of Equipment Furnished by Contractor PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 7 of 32 The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California. Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 8 of 32 APPENDIX B TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION CONTRACT NO. PWGS316R SPECIAL PROVISIONS PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 9 of 32 CONTRACTOR SUBMITTALS TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description This Section covers requirements for submittals and forms a part of all other Sections in which submittals are specified or required. A. Submittal Requirements Included in this Section 1. Contractor's Construction Schedule 2. Shop Drawings 3. Operation and Maintenance Manuals 5. Requests for Substitutions or Equals 4. Record Drawings 1.02 Progress Schedule A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All construction activities and procurement shall be indicated in a time scaled format and a calendar shall be shown on all sheets along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and ending dates of said activity can be determined graphically by comparison with the calendar scale. B. The duration estimate indicated for each activity shall be computed in working days and shall be shown on the construction schedule in calendar days. It shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain non-labor activities, such as curing concrete or delivering materials, activity duration shall not exceed ten (10) working days (fourteen (14) calendar days), nor be less than one (1) working day unless otherwise accepted by Owner. Contractor shall modify any portions of the construction schedule that become infeasible due to activities behind schedule or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. 1.03 Shop Drawing Submittal A. Unless otherwise specified in the Contract Documents, Contractor shall furnish for all equipment and materials to be furnished and installed for the project at least six (6) copies of each shop drawing for Owner's review and approval. Four (4) copies will be retained for Owner's use, and two (2) copies will be returned to Contractor. The term "Shop Drawings" as used herein shall be understood to include all data covering all equipment, equipment components, fabricated materials, and furnished materials. Data shall include, but shall not be limited to, design calculations, equipment drawings, fabrication and installation drawings, erection drawings, mix designs, PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 10 of 32 operating instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall demonstrate compliance with the Contract Documents. Contractor shall submit shop drawings in a timely manner. Contractor shall allow a reasonable period for Owner's review and approval of shop drawings. Contractor shall be responsible for any project delays resulting from late submittal of initial shop drawings or re-submittal of corrected or revised shop drawings. B. Method of Submittal Contractor shall deliver shop drawings submittals by means of dated, signed, and sequence numbered transmittals on Contractor's letterhead. Contractor shall clearly describe the submittal contents, identifying whether initial or subsequent submittals and stating the drawing numbers and specification sections, articles, and paragraphs to which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing more than the particular item under consideration shall be marked to delete all but the applicable information. Contractor shall comply with Section 2-5.3.3 of the Special Provisions for acceptable form of Submittals. C. Deviations or Exceptions from Contract Documents Where proposed equipment or materials, equipment components, equipment functions, or equipment operations deviate from the specifications and whenever exceptions to the specifications are taken, it shall be clearly noted on the shop drawing submittals. Deviations shall include references to the specific sections, parts, and paragraphs or drawing numbers and notes for which the deviations or exceptions are made. D. Contractor's Review All shop drawing submittals shall be carefully reviewed by Contractor prior to submission to Owner. Contractor shall indicate by a signed and dated stamp on the submittal that Contractor has checked the shop drawings as being correct and in strict conformance with the Contract Documents. Shop drawings not so reviewed by Contractor may be returned without action taken by Owner, and any delays caused thereby shall be the responsibility of the Contractor. E. Owner's Review 1. Owner's review of the shop drawings submitted by Contractor will cover only general conformity to the Contract Documents. The review of shop drawings shall not relieve Contractor of full responsibility for any deviation from the requirements of the Contract Documents. As specified above, deviations or exceptions to the Contract Documents shall be clearly indicated on the shop drawings. Contractor shall be responsible for any errors or omissions in the shop drawings or for the accuracy of dimensions, quantities, and the design of adequate connections and details. 2. Unless specified elsewhere, Owner will return two (2) sets of shop drawing submittals to Contractor with his comments noted thereon, within fifteen (15) working days following their receipt by Owner. It is expected that Contractor shall prepare his submittals in such a manner that he is able to obtain a complete and acceptable submittal by the second submission. Owner reserves the right to deduct monies from the amounts due to Contractor to cover the cost of the Owner's review beyond the second submission. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 11 of 32 F. Corrections and Resubmittals Contractor shall make all required corrections and shall resubmit the required number of corrected shop drawings until found in general conformance with the Contract Documents and design concept of the project. No work that requires shop drawing submittals shall be purchased or commenced until the pertinent shop drawings have been submitted, reviewed, and approved. END OF SECTION SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 209, "Signals, Lighting and Traffic 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. For electrical components provided and installed in systems not including street lighting and traffic signals section 209 SSPWC is unmodified except as specified in sections other than section 209, "Signals, Lighting and Electrical Systems", herein. For section 209, "Signals, Lighting and Traffic Electrical Systems", for all elements of street lighting and traffic signals both construction materials and construction methods have been combined into a single section. SECTION 209 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 209-1 GENERAL 209-1.01 Description. Llighting and electrical systems work shall consist of furnishing and installing or lighting systems, electrical equipment in structures, or combinations thereof, all as shown on the plans, and as specified in these special provisions. The locations, lighting fixtures, signs, controls, services and appurtenances shown on the plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the contract. 209-1.015 Definitions. The following definitions pertain only to Section 209, "Signals, Lighting and Traffic Electrical Systems." Channel. — A discrete information path. Detector. — A device for indicating the passage or presence of vehicles or pedestrians. Lighting Standard.— The pole and mast arm which support the luminaire. Luminaire.— The assembly which houses the light source and controls the light emitted from the light source. Major Street.— The roadway approach or approaches at an intersection normally carrying the major volume of vehicular traffic. Minor Street.— The roadway approach or approaches at an intersection normally carrying the minor volume of vehicular traffic. Plans. — For this Section (Section 209) plans shall include all documents listed in Section 2.5, "Plans and Specifications", et seq. as well as the "STANDARD PLANS", 1995 edition as promulgated by the State of California, Department of Transportation. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATIONS of 32 Rated Voltage. — The ac rms voltage at which light output performance and power consumption are specified (117 VAC at 60 Hz). Vehicle.— Any motor vehicle normally licensed for highway use. 209-1.02 Regulations and Code. All electrical equipment shall conform to the standards of the National Electrical Manufacturers Association (NEMA), the Underwriters' Laboratories Inc. (UL), the Electrical Testing Laboratories (ETL), the National Electrical Testing Association, Inc. (NETA), or the Electronic Industries Association (ElA), wherever applicable. In addition to the requirements of the plans, these special provisions, all materials and workmanship shall conform to the requirements of the National Electrical Code 1996 edition, hereinafter referred to as the Code; California Code of Regulations, Title 8, Chapter 4, Subchapter 5, Electrical Safety Orders; Rules for Overhead Electrical Line Construction, General Order No. 95 of the Public Utilities Commission; Standards of the American Society for Testing and Materials (ASTM); American National Standards Institute (ANSI); and any local ordinances which may apply. Wherever reference is made to any of the standards mentioned above, the reference shall be construed to mean the code, order, or standard that is in effect on the day the Notice to Contractors for the work is dated. 209-1.03 Equipment List and Drawings. Unless otherwise permitted in writing by the Engineer, the Contractor shall, within 15 days following award of the contract, submit to the Engineer for review a list of equipment and materials which the Contractor proposes to install as specified in Section 2-5.3, "Shop Drawings and Submittals." The list shall be complete as to name of manufacturer, size and identifying number of each item. The list shall be supplemented by such other data as may be required, including schematic wiring diagrams and scale drawings of cabinets showing location and spacing of shelves, terminal blocks and equipment, including dimensioning. All of the above data shall be submitted, install as specified in Section 2-5.3, "Shop Drawings and Submittals", for review. Where electrical equipment is constructed as detailed on the plans, the submission of detailed drawings and diagrams will not be required. 209-1.04 Warranties, Guaranties and Instruction Sheets. Manufacturers' warranties and guaranties furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be delivered to the Engineer prior to acceptance of the project. 209-1.05 Maintaining Existing and Temporary Electrical Systems. Existing electrical systems (traffic signal, street lighting, flashing beacon, traffic monitoring, sign illumination and other facilities), or approved temporary replacements thereof, shall be kept in effective operation for the benefit of the traveling public during the progress of the work, except when shutdown is permitted, to allow for alterations or final removal of the systems. The traffic signal shutdowns shall be limited to normal working hours. Lighting system shutdowns shall not interfere with the regular lighting schedule, unless otherwise permitted by the Engineer. The Contractor shall notify the Engineer prior to performing any work on existing systems. Where an existing system or temporary system is being modified, work not shown on the plans or specified in these special provisions and which is considered by the Engineer as necessary to keep all or any part of the system in effective operation will be paid for as extra work as provided in Section 3-3 "Extra Work.". The Agency will: 1) Continue the operation and maintenance of existing electrical facilities. 2) Continue to provide for electrical energy for the operation of existing electrical facilities. 3) Repair or replace existing facilities damaged by public traffic. 4) Pay the cost of electrical energy for the operation of existing or new facilities that are undergoing the functional tests described in Section 209-2.14C, "Functional Testing." PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 13 of 32 The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage those facilities or interfere with any electrical system. Where damage is caused by the Contractor's operations, the Contractor shall, at the Contractor's expense, repair or replace damaged facilities promptly in accordance with these specifications. If any existing loop conductor, including the portion leading to the detector hand hole or termination pull box, is damaged by the Contractor's operations, the Contractor shall immediately notify the Engineer. The affected detectors shall be replaced at the Contractor's expense and as directed by the Engineer within 24 hours. If the Contractor fails to complete the repairs within this period, the repairs will be made by Agency forces at the Contractor's expense. Should the Contractor fail to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due the Contractor. Where roadways are to remain open to traffic and existing lighting systems are to be modified, the lighting systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day. Temporary electrical installations shall be kept in effective operation until the temporary installations are no longer required for the traveling public. Removal of temporary installations shall conform to the provisions in Section 209-7, "Removing, Reinstalling or Salvaging Electrical Equipment." These provisions will not relieve the Contractor in any manner of the Contractor's responsibilities as provided in Sections 4-1.1, "General" and 4-1.2, "Protection of Work and Materials." 209-2 MATERIALS AND INSTALLATION 209-2.01 Excavating and Backfilling. The excavations required for the installation of conduit, foundations, and other appurtenances shall be performed in such a manner as to avoid any unnecessary damage to streets, sidewalks, landscaping, and other improvements. The trenches shall not be excavated wider than necessary for the proper installation of the electrical appurtenances and foundations. Excavation shall not be performed until immediately before installation of conduit and other appurtenances. The material from the excavation shall be placed in a position that will not cause damage or obstruction to vehicular and pedestrian traffic nor interfere with surface drainage. The excavations shall be backfilled in conformance with the provisions in Sections 300-3.5, "Structure Backfill" or 306-1.3, "Backfill and Densification," depending on the nature of the structure or conduit that the excavation being backfilled accommodates. Excavations after backfilling shall be kept well filled and maintained in a smooth and well-drained condition until permanent repairs are made. All excavations shall be filled, and sidewalks, pavement, and landscaping restored at each intersection prior to excavating at any other intersection, unless otherwise permitted by the Engineer. Excavations in the street or highway shall be performed in such a manner that not more than one traffic lane is restricted at any time, unless otherwise approved by the Engineer. 209-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7-9, "Protection and Restoration of Existing Improvements" and 306-1.5, "Trench Resurfacing" Improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor's operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATIONS of 32 reconstructed as above specified. The outline of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 50 mm (2") with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. 209-2.05 Conduit. All conductors shall be run in conduit, except overhead and temporary installations, and where conductors are run inside poles. Conduit shall be of the sizes shown on the plans and as specified in this Section 209-2.05. In addition, the Contractor may, as an option at the Contractor's expense, use conduit of a larger size than that shown or specified, provided the larger size is used for the entire length of the run from outlet to outlet. Reducing couplings will not be permitted. New conduit shall not pass through foundations for standards. 209-2.05A Materials. Conduit and conduit fittings shall be UL or ETL listed and shall conform to the following: Type 1. Hot-dip galvanized rigid steel conduit conforming to the requirements in UL Publication UL 6 for Rigid Metallic Conduit. The zinc coating will be tested in accordance with ASTM Designation: A 239. Type 2. Hot-dip galvanized rigid steel conduit conforming to Type 1 above and coated with polyvinyl chloride or polyethylene. The exterior thermoplastic coating shall have a minimum thickness of 0.9 mm (35 mils). Type 3. Rigid non-metallic conduit conforming to the requirements in the UL Standard for Rigid Non-Metallic Conduit (Publication UL 651). Type 3 conduit shall be installed at all underground locations. Type 4. Liquid tight flexible metal conduit shall consist of conduit with a liquid tight, non-metallic, sunlight-resistant jacket over an inner flexible metal core. Type 4 conduit shall be UL listed for use as the grounding conductor. Type 5. Intermediate steel conduit (IMC) conforming to the requirements in UL Publication 1242 for Intermediate Metallic Conduit. Type 5 conduit shall only be used when specified. Bonding bushings to be installed on metal conduit shall be insulated and shall be the galvanized or zinc alloy type. All conduit installed underground shall be Type 3, rigid non-metallic conduit. Type 3 conduit shall be installed at underground locations only. 209-2.05B Use. Exposed conduit installed on a painted structure shall be painted the same color as the structure. Unless otherwise indicated, the minimum metric trade size of conduit shall be: 1) From an electrolier to the adjacent pull box shall be Size 41 (1V2" dia). 2) From a pedestrian push button post to the adjacent pull box shall be Size 27 (1" dia). 3) From a signal standard to the adjacent pull box shall be Size 53 (2" dia). 4) From a controller cabinet to the adjacent pull box shall be Size 78 (3" dia). 5) For detector runs shall be Size 41 (11/2" dia). 6) Not otherwise specified shall be Size 41 (11/2" dia). 209-2.05C Installation. Conduit shall be installed in conformance with the codes and regulations listed in Section 209-1.02, "Regulations and Code." Conduit runs shown on the plans may be changed to avoid underground obstructions with written approval by the Engineer. The ends of all conduits, whether shop or field cut, shall be reamed to remove burrs and rough edges. Cuts shall PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 15 of 32 be made square and true. Slip joints or running threads will not be permitted for coupling conduit. When a standard coupling cannot be used for coupling metal type conduit, a UL or ETL listed threaded union coupling shall be used. All couplings for metal type conduit shall be tightened to provide a good electrical connection throughout the entire length of the conduit run. Conduit shall be tightened into couplings or fittings using strap wrenches or approved groove joint pliers. Conduit threads and damaged surfaces on metal conduit shall be painted with 2 applications of approved unthinned zinc-rich primer (organic vehicle type) conforming to the requirements in Section 210-3.6, "Galvanizing for Traffic Signal Facilities." Aerosol cans shall not be used. The ends of conduit shall be threaded and shall be capped with standard pipe caps or "pennies" to protect the raceway against dirt and concrete until wiring is started. When caps or "pennies" are removed, the ends of conduit and conduit fittings shall be provided with conduit bushings. Conduit terminating in pull boxes or foundations shall be provided with insulated bonding bushings. Conduit bends, except factory bends, shall have a radius of not less than 6 times the inside diameter of the conduit. Where factory bends are not used, conduit shall be bent, without crimping or flattening, using the longest radius practicable. A No. 12 copper pull wire or a pull rope shall be installed in all conduits which are to receive future conductors. The pull rope shall be nylon or polypropylene with a minimum tensile strength of 2225 N (500 pounds). At least 0.6 m (2') of pull wire or rope shall be doubled back into the conduit at each termination. Existing underground conduit to be incorporated into a new system shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air. Conduit shall be laid to a depth of not less than 460 mm (18") below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 750 mm (30") below finished grade in all other areas. Conduit may be laid on top of the existing pavement within new curbed medians being constructed on top of the existing pavement. Conduit couplings shall be located at least 150 mm (6") from face of foundation. 209-2.05D Expansion Fittings. Expansion fittings shall be installed where the conduit crosses any expansion joint in the structure. Each expansion fitting for metal conduit shall be provided with a copper bonding jumper having the ampacity required by the Code. Each expansion-deflection fitting for expansion joints of 38 mm (11/2 U) movement rating shall be watertight and shall consist of a molded neoprene sleeve, a bonding jumper and 2 silicon bronze or zinc-plated iron hubs. Each fitting shall permit a minimum of 19 mm (3/4") expansion and contraction and a minimum of 19 mm (3/4") lateral deflection. Details of expansion-deflection fittings for joints of movement rating of more than 38 mm (11/2") shall be as shown on the plans and specified in these special provisions. 209-2.06 Pull Boxes. Pull boxes shall be installed at the locations shown on the plans or as specified. The Contractor may, as an option, at the Contractor's expense, use pull boxes of a larger standard size than that shown or specified. 209-2.06A Materials. Pull boxes, covers and extensions for installation in the ground or in sidewalk areas shall be of the sizes and details shown on the plans and shall be precast of reinforced portland cement concrete (PCC) or of non-PCC material. Non-PCC material shall be fire resistant and shall not burn at a rate greater than 8 mm (0.3") per minute per 2.5 mm (0.1") of thickness when tested in accordance with ASTM Designation: D 635. The non-PCC material shall show no appreciable change in physical properties with exposure to the weather. Non-PCC material shall be dense and free of voids or porosity, and shall be a gray or brown color. Top dimensions of non-PCC pull boxes shall not exceed the bottom dimensions by more than 25 mm (1"). Extensions for non-PCC pull boxes shall be of the same material as the pull boxes, and shall be attached to the /*"*% pull boxes in a manner that will maintain the minimum combined depths shown on the plans. >—•' PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 16 of 32 Non-PCC pull boxes shall be of sufficient rigidity that when a designated concentrated force is applied perpendicularly to the midpoint of one of the long sides at the top while the opposite long side is supported by a rigid surface, it shall be possible to remove the cover without the use of tools. The designated concentrated force shall be 650 N (150 Ibs.) for a No. 31/2 pull box and shall be 450 N (100 Ibs.) for a No. 5 or No. 6 pull box. When a vertical force of 6500 N (1,500 Ibs.) is applied, through a 13 mm (V/2") x 75 mm (3") x 150 mm (6") steel plate, to a non-PCC cover in place on a pull box, the cover shall not fail and shall not deflect more than 6 mm (1/4"). The steel plate shall be centered on the cover with its longitudinal axis coinciding with the longitudinal axis of the cover. Where a ballast or transformer or other device is to be placed in a non-metallic pull box, the box shall be provided with recesses for a hanger. Pull boxes and covers for installation in structures shall be of the sizes and details shown on the plans. Each No. 7 ceiling pull box located near a flush soffit fixture and to be used to house the ballast for the fixture shall be provided with mounting brackets for the ballast and any required capacitors. Covers, except covers for ceiling pull boxes, shall be secured with 9 mm (3/8") bolts, cap screws, or studs, and nuts which shall be of brass, stainless steel or other non-corroding metal material. Stainless steel holddown bolts, cap screws or studs, and nuts and washers shall have a chromium content of not less than 18 percent and a nickel content of not less than 8 percent. All ferrous metal parts shall be galvanized in accordance with the provisions in Section 210-3.6, "Galvanizing for Traffic Signal Facilities." 209-2.06B Cover Marking. Covers for pull boxes, except covers for ceiling pull boxes, shall be marked as shown on the plans. Marking shall be clearly defined and uniform in depth and may be placed parallel to either the long or short sides of the cover. Marking letters shall be between 25 mm (1") and 75 mm (3") high. Marking shall be applied to each steel or cast iron cover prior to galvanizing by one of the following methods: (a) Cast iron strips, at least 6 mm (1/4") thick, with the letters raised a minimum of 1.5 mm (1/16"). Strips shall be fastened to covers with 6 mm (1/4 U) flathead stainless steel machine bolts and nuts. Bolts shall be peened after tightening. (b) Sheet steel strips at least 0.7 mm (22 ga.) with the letters raised a minimum of 1.5 mm (1/16") above the surrounding surface of the strips. Strips shall be fastened to covers by spot welding, tack welding or brazing, with 6 mm (V4") stainless steel rivets, or with 6 mm (1/4") roundhead stainless steel machine bolts and nuts. Bolts shall be peened after tightening. (c) Bead welding the letters on the covers. The letters shall be raised at least 2 mm (3/3z"). 209-2.06C Installation and Use. Pull boxes shall be installed at the locations shown on the plans and, in conduit runs exceeding 60 m(200'), shall be spaced at not over 60 m (200') intervals. The Contractor may, at the Contractor's expense, install additional pull boxes to facilitate the work. The bottoms of pull boxes installed in the ground or in sidewalk areas, shall be bedded in crushed rock as shown on the plans. 209-2.08 Conductors. Conductors shall be copper of the gage shown on the plans, unless specified otherwise. Copper wire shall conform to the specifications of ASTM Designations: B 3 and B 8. Wire sizes, other than conductors used in loop detector lead-in cable, shall be based on American Wire Gage (AWG), except that conductor diameter shall be not less than 98 percent of the specified AWG diameter. Conductors for branch circuits shall be sized to prevent a voltage drop exceeding 3 percent at the furthest connected load, while drawing the combination of all connected loads capable of simultaneous operation. The maximum voltage drop for both feeders and branch circuits shall not exceed 5 percent at the furthest connected load, while drawing the combination of all connected loads capable of simultaneous operation. Conductors used in loop detector lead-in cable shall conform to the specifications of ASTM Designation: B 286. A Certificate of Compliance PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 17 of 32 conforming to the provisions in Section 4-1.5, "Certification," shall be submitted by the manufacturer with each type of cable to be used on a project. 209-2.08A Conductor Identification. All single conductors in cables, except detector lead-in cables, shall have clear, distinctive and permanent markings on the outer surface throughout the entire length showing the manufacturer's name or trademark, insulation type letter designation, conductor size, voltage rating and the number of conductors if a cable. Conductor insulation shall be of a solid color or of basic colors with a permanent colored stripe as detailed in the following table unless otherwise specified. Solid or basic colors shall be homogeneous through the full depth of insulation. Identification stripes shall be continuous over the entire length of the conductor. For conductor sizes No. 2 and larger, the insulation may be black and the ends of the conductors shall be taped with electrical insulating tape of the required color for a minimum of 500 mm (20"). All single conductors in cables shall be marked as shown in Table 209-2.08A (A): TABLE 209-2.08A (A) CONDUCTORS Circuit Vehicle Signals (Note 4) Pedestrian Signals (Note 4) Pedestrian Push Buttons (Note 4) Traffic Signal Controller Cabinet Highway Lighting Pull Box to Luminaire (Note 9) Multiple Highway Lighting Lighting Control Multiple Service Sign Lighting (Note 8) Flashing Beacons (Note 7) Grounded & Common Signal Phase or Function 1,6 t,8 1,5 3,7 'o 60 tp,8p lp,5p 3P.7P 2p,6p lp,8p |p,5p 3P.7P Jngrounded between Service switch & Cabinet Jngrounded-Line 1 Jngrounded-Line 2 Srounded Jnorounded-Line 1 Jngrounded-Line 2 Jngrounded to Photoelectric Unit (PEU) Switching leg from PEU unit or SM transformer Jngrounded-Line 1 (Signals) Jngrounded-Line 2 (Lighting) Jngrounded-Line 1 Jngrounded-Line 2 Jngrounded between Flasher and Beacons 'edestrian Push Buttons.. Signals & Multiple Lighting Cashing Beacons & Sign Lighting .ighting Control Multiple Service Identification Insulation Colors Base Red, Yellow, Brown Red, Yellow, Brown Red, Yellow, Brown Red, Yellow, Brown Red, Brown Red, Brown Red, Brown Red, Brown Blue Blue Blue Blue Black Red Black Red White Black Red Black Red Black Red (Note 10) Black Red Red or Yellow White White White White White Stripe (Note 1) Black Orange None Purple Black Orange None Purple Black Orange None Purple None None None None None None None None None None None None None None Black None None None None Band Symbols (Note 6) 26 4,8 1,5 3,7 2p 6p 4p,8p 1p,5p 3p,7p P-2 P-6 P-4 P-8 P-1 P-5 P-3.P-7 CON-1 CON-2 No band requirec No band requirec No band requirec MM ML2 p-i C2 No band require Except per Note SL-1 SL-2 F-Location No. (See Note 3)... No band requirec No band requirec No band requirec C-3 No band requirec Minimum Size (Note 11) 14 14 14 14 14 14 14 14 14 14 14 14 6 6 14 14 14 10 10 14 14 6 8 10 10 14 14 10 12 14 14 PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 18 of 32 Interconnect Railroad Pre-Emption.... Spares Common rlash Dial 2 Dial 3 Dffset White Orange Orange Orange Orange Black Black None None None None None None None 1 I-F I-D2 I-D3 1-0 R No band requirec 14 14 14 14 14 14 14 Notes: 1. On overlaps, insulation is striped for first phase in designation, for example, a phase (2+3) conductor is striped as for phase 2. 2. Band for overlap and special phases as required. 3. Flashing beacons having separate service do not require banding. 4. These requirements do not apply to signal cable. 5. "S" if circuit is switched on line side of service equipment by utility. 6. Band conductors in each pull box and near ends of termination points. On signal light circuits, a single band may be placed around 2 or 3 ungrounded conductors comprising a phase. 7. Ungrounded conductors between service switch and flasher mechanism shall be black and banded as indicated in this column. 8. Conductors between ballasts and sign lighting lamps shall be No. 16 and color shall correspond to that of the ballast leads. 9. Both conductors between external H.I.D. ballast and lamp socket shall be black. 10. Black acceptable for size No. 2 and larger. Tape ends for 500 mm (20") with indicated color. 11. Wire sizes listed are minimums. Ampacity requirements of specific circuits or voltage drop may necessitate larger conductors. 209-2.08B Multiple Circuit Conductors. Conductors for multiple circuits shall be UL or ETL listed and rated for 600-volt operation. The insulation for No. 14 through No. 4 conductors shall be one of the following: Type TW polyvinyl chloride conforming to the requirements of ASTM Designation: D 2219. Type THW polyvinyl chloride. Type USE, Type RHH or Type RHW cross-linked polyethylene. At any point, the minimum thickness of any Type TW, THW, USE, RHH or RHW insulation shall be 1.0 mm (40 mils) for conductor sizes No. 14 to No. 10, inclusive, and 1.3 mm (54 mils) for No. 8 to No. 2, inclusive. The insulation for No. 2 and larger conductors shall be one of the types listed above or shall be Type THWN. Conductors for wiring wall luminaires shall be stranded copper, with insulation rated for use at temperatures up to 125°C. Overhead lighting conductors shall be No. 8, or larger, medium hard drawn copper with weatherproof covering. 209-2.08C Series Circuit Conductors. Conductors for series circuits shall be No. 8, shall be rated for 5000-volt operation and shall be insulated with 3.7 mm (150 mils) minimum thickness polyvinyl chloride compound conforming to the specifications of ASTM Designation: D2219, or polyethylene conforming to the specifications of ASTM Designation: D 1351. 209-2.08D Signal Cable. Signal cable shall be installed. Individual conductors are not allowed. Signal cable shall conform to the following: The cable jacket shall be black polyethylene with an inner polyester binder sheath, and shall be rated for 600- volt and 75°C. All cables shall have clear, distinctive, and permanent markings on the outer surface throughout the entire length of the cable showing the manufacturer's name or trademark, insulation designation, number of conductors, conductor sizes, and the voltage rating of the jacket. Filler material, if used, shall be polyethylene material. Individual conductors in the cable shall be solid copper with Type THWN insulation, and shall conform to the requirements in Section 209-2.08, "Conductors," and ASTM Designation: B 286. The minimum thickness of Type THWN insulation, at any point, shall be 0.3 mm ( 13 mils) for conductor sizes No. 14 and No. 12, and 0.4 mm (18 mils) for conductor size No. 10. The minimum thickness of the nylon jacket shall be 0.1 mm (4 mils) at any point. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 19 of 32 Three-Conductor Cable (3CSC). The 3-conductor signal cable shall consist of three No. 14 conductors. The cable jacket shall have a minimum average thickness of 1.1 mm (45 mils) and a minimum thickness at any point of 0.9 mm (36 mils). The nominal outside diameter of the cable shall not exceed 10 mm (0.10"). The color code of the conductors shall be blue/black stripe, blue/orange stripe, and white/black stripe. The 3 conductor cable shall be used for pedestrian push buttons and a spare. FiveConductor Cable (5CSC). The 5-conductor signal cable shall consist of five No. 14 conductors. The cable jacket shall have a minimum average thickness of 1.1 mm (45 mils) and shall have a minimum thickness at any point of 0.9 mm (36 mils). The nominal outside diameter of the cable shall not exceed 13 mm (0.50"). The color code of the conductors shall be red, yellow, brown, black, and white. Nine-Conductor Cable (9CSC). The 9-conductor cable shall consist of eight No. 14 conductors and one No. 12 conductor. The cable jacket shall have a minimum average thickness of .5 mm (60 mils) and shall have a minimum thickness at any point of 1.2 mm (48 mils). The nominal outside diameter of the cable shall not exceed 17 mm (0.70"). The color code for the No. 12 conductor shall be white. The color code for the No. 14 conductors shall be as Table 209-2.08D(A): TABLE 209-2.08D(A) NINE-CONDUCTOR CABLE SIGNAL CABLE Insulation Colors Red yellow brown Red/black stripe yellow/black stripe brown/black stripe black white/black stripe Twelve-Conductor Cable (12CSC). The 12-conductor signal cable shall consist of eleven No. 14 conductors and one No. 12 conductor. The cable jacket shall have a minimum average thickness of 1.5 mm (60 mils) and shall have a minimum thickness at any point of 1.2 mm (48 mils). The nominal outside diameter of the cable shall not exceed 17 mm (0.70"). The color code for the No. 12 conductor shall be white. The color code and functional connections for the No. 14 conductors shall be as Table 209-2.08D(B), unless otherwise approved by the Engineer: TABLE 209-2.08D(B) TWELVE -CONDUCTOR CABLE SIGNAL CABLE Color Code Red yellow brown red/black stripe yellow/black stripe brown/black stripe black/red stripe black/white stripe black red/white stripe brown/white stripe Termination vehicle signal red vehicle signal yellow vehicle signal green vehicle signal red vehicle signal yellow vehicle signal green spare, or use as required for red or Don't Walk spare, or use as required for yellow spare, or use as required for green or Walk ped signal Don't Walk ped signal Walk Phase 2,4, 6 or 8 2, 4, 6 or 8 2, 4, 6 or 8 1,3, 5or7 1,3, 5 or 7 1,3, 5 or 7 The 12-conductor cable shall be used for vehicle signals, pedestrian signals, spares and the signal common. Twenty Eight-Conductor Cable (28CSC). The 28-conductor signal cable shall consist of 27 No. 14 conductors and one No. 10 conductor. The cable jacket shall have a minimum average thickness of 2 mm (80 PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION20 of 32 mils) and shall have a minimum thickness at any point of 1.6 mm (64 mils). The nominal outside diameter of the cable shall not exceed 23 mm (0.90"). The color code for the No. 10 conductor shall be white. The color code and functional connections for the No. 14 conductors shall be as Table 209-2.08D(C): TABLE 209-2.08D(C) TWENTY EIGHT - CONDUCTOR CABLE SIGNAL CABLE Color Code red/black stripe yellow/black stripe brown/black stripe red/orange stripe yellow/orange stripe brown/orange stripe red/silver stripe yellow/silver stripe brown/silver stripe red/purple stripe yellow/purple stripe brown/purple stripe red/2 black stripes brown/2 black stripes red/2 orange stripes brown/2 orange stripes red/2 silver stripes brown/2 silver stripes red/2 purple stripes brown/2 purple stripes blue/black stripe blue/orange stripe blue/silver stripe blue/purple stripe white/black stripe black/red stripe black Termination vehicle signal red vehicle signal yellow vehicle signal green vehicle signal red vehicle signal yellow vehicle signal green vehicle signal red vehicle signal yellow vehicle signal green vehicle signal red vehicle signal yellow vehicle signal green ped sjgnal Don't Walk ped signal Walk ped signal Don't Walk ped signal Walk overlap A, C red overlap A, C green overlap B, D red overlap B, D green ped push button ped push button overlap A, C yellow overlap B, D yellow ped j>ush button common railroad pre-emption spare Phase 2 or 6 2 or 6 2 or 6 4 or 8 4 or 8 4 or 8 1 or 5 1 or 5 1 or 5 3 or 7 3 or 7 3 or 7 2 or 6 2 or 6 4 or 8 4 or 8 OLA, OLC OLA, OLC OLB, OLD OLB, OLD 2or6 4 or 8 OLA(y), OLC(y) OLB(y), OLD(y) 1) The signal commons in each 28-conductor cable shall be kept separate except at the signal controller. 2) Each 28-conductor cable shall be labeled in each pull box "C1" or "C2",. 3) The cable identified "C1" shall be used for signal Phases 1, 2, 3 and 4. The cable identified "C2" shall be used for signal Phases 5, 6, 7 and 8. 4) Each signal cable, except 28-conductor, shall be marked, in each pull box, showing the signal standard to which it is connected. 209-2.08E Signal Interconnect Cable (SIC). Signal Interconnect Cable shall consist of six or twelve No. 20, minimum, stranded tinned copper conductors as shown on the plans or required herein. Each conductor shall be insulated with 0.33 mm (0.013"), minimum nominal thickness, color coded, polypropylene material. Conductors shall be in twisted pairs. Color coding shall distinguish each pair. Each pair shall be wrapped with an aluminum polyester shield and shall have a No. 22 or larger, stranded, tinned copper drain wire inside the shielded pair. The cable jacket shall be black, high density polyethylene, rated for a minimum of 300- volts and 60°C, and shall have a nominal wall thickness of 1.0 mm (40 mils), minimum. The cable jacket or the moisture-resistant tape directly under the outer jacket shall be marked with the manufacturer's name, insulation type designation, number of conductors and conductor size, and voltage and temperature ratings. Splices shall be made only where shown on the plans or in controller cabinets. A minimum of one meter (31) of slack shall be provided at each splice and 2 m (6') at each controller cabinet. Splices of conductors shall be insulated with heat-shrink tubing of the appropriate size and shall overlap the conductor PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION21 of 32 insulation at least 15 mm (0.5"). The overall cable splice shall be covered with heat-shrink tubing, ^j with at least 40 mm (11/2") of overlap of the cable jacket. 209-2.09 Wiring. All conductors shall be run in conduit, except overhead and temporary installations and where conductors are run inside poles. Wiring shall be done in conformance with the regulations and code listed in Section 209-1.02, "Regulations and Code," and the following additional requirements: 209-2.09A Circuitry. Sufficient traffic signal light conductors shall be provided to perform the functional operation of the signal and, in addition thereto, 3 spare conductors shall be provided in all conduits containing traffic signal light conductors, unless shown otherwise on the plans. Traffic signal light conductors shall not run to a terminal block on a standard unless they are to be connected to a signal head that is mounted thereon. Connection to each terminal of a pedestrian push button shall be by a single conductor. The common for pedestrian push button circuits shall be separate from the traffic signal light circuit grounded conductors. Where ballasts or transformers are used, series conductors shall be run from ballast to ballast, transformer to transformer, and from ballast or transformer to service. 209-2.09B Installation. A UL or ETL listed inert lubricant shall be used in placing conductors in conduit. Conductors shall be pulled into conduit by hand and the use of winches or other power actuated pulling equipment will not be permitted. All conductors shall be pulled directly from the spool into the conduit and shall not be dragged on the ground as to cause damage to the conductors. When new conductors are to be added to existing conductors in a conduit, all conductors shall be removed; the conduit shall be cleaned as provided in Section 209-2.05C, "Installation"; and both old and new conductors shall be pulled into the conduit as a unit. Where traffic signal light conductors are run in lighting standards containing street lighting conductors from a different service point, either the traffic signal light conductors or the lighting conductors shall be '***'% encased in flexible or rigid metal conduit, to a point where the 2 types of conductors are no longer in >w* the same raceway. Temporary conductors less than 3 m (10') above grade shall be enclosed in flexible or rigid metal conduit. At least 0.3 m (1 ') of slack shall be left for each conductor at each signal or lighting standard, or combined standard, and at least one meter (3') of slack at each pull box. At least one meter (3') of slack shall be left for each conductor at each splice. Ends of spare conductors or conductors terminated in pull boxes shall be taped to provide a watertight seal. Conductors within fixtures or service cabinets shall be neatly arranged and shall be cabled together with self-clinching nylon cable ties, or other method approved by the Engineer. Traffic signal light conductors, interconnect conductors, service conductors, detector conductors and cables in controller cabinets and flashing beacon cabinets shall be neatly arranged, and shall be cabled together with self-clinching nylon cable ties, or enclosed in plastic tubing or raceway. Conductor identification shall be provided under the following conditions: Where signal phase or circuit are not clearly indicated by conductor insulation color and stripe as detailed in the conductor table in Section 209-2.08, "Conductors," or when identification stripes are not available, marking shall be as detailed in the conductor table for special and overlap phases. Where metered and unmetered conductors occupy the same pull box, the unmetered circuit conductors shall be identified, "UNMETERED-STREET LTG," "UNMETERED-COUNT STATION," or as appropriate to describe the unmetered circuit. Conductors shall be permanently identified as to function. Identification shall be placed on each conductor, or each group of conductors comprising a signal phase, in each pull box and near the /(—^ end of terminated conductors. Identification shall be by direct labeling, tags or bands fastened to the ^^ PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION22 of 32 conductors in such a manner that they will not move along the conductors. Labeling shall be by mechanical methods. 209-2.09C Connectors and Terminals. Conductors shall be joined by the use of UL or ETL listed crimp type connectors as shown on the plans. Connectors and terminals shall be applied with the proper type tool as recommended by the manufacturer of the connector or terminal being used. Finished connections and terminals shall comply with the requirements of Military Specification MIL- T-7928. All stranded conductors smaller than No. 14 shall be terminated in crimp style terminal lugs. All connectors and terminal lugs for conductor sizes No. 8 and smaller shall be soldered by the hot iron, pouring or dipping method. Open flame soldering will not be permitted. 209-2.09D Splicing and Terminations. Unless specified otherwise or permitted by the Engineer, splices shall conform to the details shown on the plans and will be permitted only in the following types of circuits at the following locations: Grounded conductors in pull boxes. Pedestrian push button conductors in pull boxes. Multiple or series lighting conductors in the pull box adjacent to each electrolier or luminaire location or in the bases of Type 21 standards. Where electroliers are more than 120 m (400') apart, splices will be permitted in pull boxes at 120 m (400'), or greater, intervals. When traffic signals are being modified, ungrounded traffic signal light conductors may be spliced in pull boxes at locations shown on the plans. Ungrounded traffic signal light conductors to a terminal compartment or signal head on a standard may be spliced to through conductors of the same phase in the pull box adjacent to the standard. All splices and terminal lugs for conductor sizes No. 8 and smaller shall be soldered by the hot iron, pouring or dipping method. Open flame soldering will not be permitted. 209-2.09E Splice Insulation. All splices shall be capable of satisfactory operation under continuous submersion in water. Multi-conductor cables shall be spliced and insulated to provide a watertight joint and to prevent absorption of moisture by the cable. Where more than one conductor enters the sleeve of a ballast installed in a pull box, the insulation and taping shall be applied between the conductors in such a manner as to provide a watertight joint. Splice insulation shall conform to the details shown on the plans. Low-voltage tape shall be UL or ETL listed and shall be the following types: Self-fusing, oil and flame-resistant, synthetic rubber. Pressure-sensitive, adhesive, polyvinyl chloride, 0.15 mm (0.007") minimum thickness. Tape for insulating splices in high-voltage (over 600 V) circuits shall be designed for use on 5-kvolt circuits and shall be resistant to ozone, corona and water. Insulating pad shall be composed of a laminate of 2 mm (0.085") thickness of electrical grade polyvinyl chloride and a 3 mm (0.125") thickness of butyl splicing compound with removable liner. Heat-shrink tubing shall be medium or heavy wall thickness, irradiated polyolefin tubing containing an adhesive mastic inner wall. Minimum wall thickness prior to contraction shall be one millimeter (39 mils). PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION23 of 32 When heated, the inner wall shall melt and fill all crevices and interstices of the object being covered while the outer wall shrinks to form a waterproof insulation. Each end of the heat shrink tube or the open end of the end cap of heat-shrink tubing shall, after contraction, overlap the conductor insulation at least 38 mm (11/4"). Heat-shrink tubing shall conform to the requirements of UL Standard 468D and ANSI C119.1, for extruded insulated tubing at 600-V. All heat-shrink tubing shall also meet the requirements of Table 209-2.09E(A): TABLE 209-2.09E(A) HEAT-SHRINK TUBING Property Shrinkage Ratio Dielectric Strength Resistivity Tensile Strength Operating Temperature Water Absorption Requirement 33 percent, maximum, of supplied diameter when heated to allowed to cool to 25°C. 125°Cand 140 kV per 10 mm, minimum. 10*13 4 • mm, minimum. 14 MPa, minimum. -40°C to 90°C (135°C Emergency). 0.5 percent, maximum. When three or more conductors are to be enclosed within a single splice using heat-shrink tubing, mastic shall be placed around each conductor, prior to being placed inside the heat-shrink tubing. The mastic shall be the type recommended by the manufacturer of the heat-shrink tubing. After contraction, the ends and seams of heat-shrink tubing shall be painted with electrical insulating coating. Heat-shrink tubing shall not be heated with an open flame. A heating device designed for the purpose is required. The Contractor may, at the Contractor's option, use either of the following splice insulation methods: 1) "Method B" as shown on the plans. A minimum of 2 thicknesses of electrical insulating pad shall be used. Pads shall be applied to the splice in accordance with the manufacturer's recommendations. 2) Heat-shrink tubing as provided above. 209-2.095 Fused Splice Connectors. In the pull box adjacent to each luminaire a fused disconnect splice connector shall be installed in each ungrounded conductor between the line and the ballast. The connector shall be readily accessible in the pull box regardless of whether the ballast is remote or is integral with the luminaire. For 240-volt and 480-volt circuits, each connector shall be designed so that both ungrounded conductors are disconnected simultaneously. The connector shall have no exposed metal parts, except the head of a stainless steel assembly screw may be exposed. The head of the metal assembly screw shall be recessed a minimum of 0.8 mm (1/32") below the top of a plastic boss which surrounds the head. The splice connector shall completely enclose the fuse and shall protect the fuse against damage from water and weather. The contact between the fuse and fuse holder shall be by spring pressure. The terminals of the splice connector shall be rigidly crimped, using a tool of the type recommended by the manufacturer of the fused splice connector, onto the line conductors and the conductors to the ballasts and shall be insulated and made waterproof in accordance with the splice connector manufacturer's recommendations. Fused splice connectors shall not be used in series circuits. Fuses shall be standard midget, ferrule type, with "Non-Time-Delay" feature, and shall be 10 mm (13/32")x38mm(11/2"). PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION24 of 32 209-2.10 Bonding and Grounding. Metallic cable sheaths, metal pull box covers, metal conduit, equipment grounding conductors, ballast and transformer cases, service equipment, sign switches, and metal poles and pedestals shall be made mechanically and electrically secure to form a continuous system, and shall be effectively grounded. Bonding jumpers shall be copper wire or copper braid of the same cross sectional area as No. 6 for series lighting systems and No. 8 or larger for all other systems. The jumper size shall be increased to match the load or the circuit breaker size, or shall be as shown on the plans. Equipment grounding conductors shall be color coded to Code requirements or shall be bare. The bonding jumper in standards with handholes shall be attached by a 4.5 mm (3/ie") or larger brass bolt and shall be run to the conduit or bonding wire in the adjacent pull box. Standards without handholes shall be bonded by a jumper attached to all anchor bolts, and shall be run to the conduit or bonding wire in the adjacent pull box. Grounding jumper shall be visible after cap has been placed on foundation. Where slip base standards or slip base inserts are installed, the bonding jumper shall not intrude into the slip plane. Bonding shall be accomplished by a bonding strap to all anchor bolts or a 4.5 mm (3/16") or larger brass bolt installed in the bottom slip base plate. One side of the secondary circuit of series-multiple and step-down transformers shall be grounded. Grounding of metal conduit, service equipment and the grounded conductor at service point shall be accomplished as required by the Code and the serving utility, except that grounding electrode conductor shall be No. 6, or larger. For equipment grounding purposes in Type 3 conduit, a No. 6 copper wire shall be run continuously in circuits used for series lighting, and a No. 8, minimum, copper wire shall be run continuously in all other circuits. The bonding wire size shall be increased to match the circuit breaker size, or shall be as shown on the plans. Where Type 3 conduit is to be installed for future conductors, the copper wire may be omitted. Equipment bonding and grounding conductors are not required in conduits which contain only loop lead-in cable or signal interconnect cable or both. At each multiple service disconnect location, a ground electrode shall be furnished and installed. Ground electrodes shall be one-piece lengths of galvanized steel rod or pipe not less than 19 mm (3/4") in diameter, or of copper clad steel rod not less than 15 mm (5/8") in diameter. Ground electrodes shall be installed in accordance with the provisions of the Code. The service equipment shall be bonded to the ground electrode by use of a ground clamp or exothermic weld and No. 6 or larger copper wire, enclosed in a size 16 or larger diameter conduit. Ground clamp for service grounding and for grounding of equipment on wood poles shall be Size 16 galvanized, malleable iron conduit hub with swivel feature. On wood poles, all metallic equipment mounted less than 2.4 m (8') above ground surface shall be grounded. Bonding of metallic conduit in non-metallic pull boxes shall be by means of bonding bushings and bonding jumpers. Bonding of metallic conduit in metal pull boxes shall be by means of locknuts, one inside and one outside of the box. 209-2.14 Testing. Attention is directed to Section 4-1.4, "Test of Materials." Testing shall conform to the following: 209-2.14A Materials Testing. Material and equipment to be tested shall be delivered to a testing location designated by the Engineer. Testing will be performed by the Agency. Testing and quality control procedures for Model 170 and Model 2070 controller assemblies shall conform to the requirements in "Transportation Electrical Equipment Specifications," and "Traffic Signal Control Equipment Specifications," issued by the State of California, Department of Transportation, and to all addendums thereto current at the time of project advertising. Testing and quality control procedures PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION25 of 32 for all other traffic signal controller assemblies shall conform to the requirements in the NEMA TS Standards for Traffic Control Systems. In the event equipment submitted for testing does not comply with specifications, the Contractor shall remove the equipment for repair within 5 working days after notification that the equipment is rejected. In the event the equipment is not removed within that period, it may be shipped to the Contractor at the Contractor's expense. The Contractor shall allow 30 days for Agency testing from the time the material or equipment is delivered to the Agency test site. When equipment being tested has been rejected for failure to comply with the specifications, the Contractor shall allow 30 days for Agency retesting. The retesting period shall begin when the corrected equipment is made available at the test site. All testing subsequent to rejection of the equipment for failure to comply with specification requirements will be at the expense of the Contractor. Deductions to cover the cost of that testing will be made from any moneys due or which may become due the Contractor under the contract. The Contractor will be notified when testing of the equipment has been completed and it shall be the Contractor's responsibility to deliver the equipment to the site of the work or, at the Contractor's request and the Agency's convenience, the Agency will pack and ship the equipment to the Contractor or to the site of work. The sum of $100 or the actual cost of packing and shipping, whichever amount is greater, will be deducted, for each unit of equipment shipped by the Agency, from any moneys due to the Contractor under the contract. 209-2.14B Field Testing. Prior to start of functional testing, the Contractor shall perform the following tests on all circuits, in the presence of the Engineer. 209-2.148(1) Continuity. Each circuit shall be tested for continuity. 209-2.148(2) Ground. Each circuit shall be tested for grounds. 209-2.148(3) Insulation Resistance. An insulation resistance test at 500 volts DC shall be made on each circuit between the circuit and a ground. The insulation resistance shall not be less than 10MQ on all circuits, except for inductive loop detector circuits which shall have an insulation resistance value of not less than 100 MO. The insulation resistance test shall not be performed on magnetometer sensing elements. Splices in the pull box adjacent to the magnetometer sensing elements shall not be made prior to performing the test on the lead-in conductors between the pull box and the controller cabinet field terminals. 209-2.14C Functional Testing. Attention is directed to Section 209-1.06, "Scheduling of Work," regarding requirements for test periods. A functional test shall be made in which it is demonstrated that each and every part of the system functions as specified. The functional test for each new or modified system shall consist of not less than 5 days of continuous, satisfactory operation. If unsatisfactory performance of the system develops, the condition shall be corrected and the test shall be repeated until the 5 days of continuous, satisfactory operation is obtained. Turn-on of new or modified traffic signals shall be made only after all traffic signal circuits have been thoroughly tested as specified above. Except for new or modified portions of existing lighting circuits and sign illumination systems, The Agency will maintain the system or systems during the test period and will pay the cost of electrical energy for the operation of all of the facilities that are undergoing testing. The cost of any necessary maintenance performed by the Agency on new circuits or on the portions of existing circuits modified PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION26 of 32 under the contract, except electrical energy, shall be at the Contractor's expense and will be deducted from any moneys due, or to become due, the Contractor. A shutdown of the electrical system resulting from damage caused by public traffic, from a power interruption or from unsatisfactory performance of Agency-furnished materials shall not constitute discontinuity of the functional test. 209-2.15 Galvanizing. Galvanizing shall be in accordance with the provisions in Section 210-3.6, "Galvanizing for Traffic Control Facilities," except that cabinets may be constructed of material galvanized prior to fabrication in conformance with the specifications of ASTM Designation: A 525 or A 525M, Coating Designation G 90, in which case all cut or damaged edges shall be painted with at least 2 applications of approved unthinned zinc-rich primer (organic vehicle type) conforming to the requirements in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. Other types of protective coating shall be approved by the Engineer prior to installation. Iron or steel pipe standards and pipe mast arms shall be hot-dip galvanized after fabrication in conformance with the specifications of ASTM Designation: A 53. Galvanized surfaces shall have spurs removed. Tie-rods, bolts, nuts, washers, clamps and other miscellaneous ferrous parts shall be hot-dip galvanized after fabrication in accordance with the provisions in Section 210-3.6, "Galvanizing for Traffic Control Facilities." Not less than 250 mm (10") of the upper end of the anchor bolts, anchor bars, or studs, and all nuts and washers shall be galvanized in accordance with the provisions in Section 210-3.6, "Galvanizing for Traffic Control Facilities." After galvanizing, the bolt threads shall accept galvanized standard nuts without requiring tools or causing removal of protective coatings. Galvanizing of existing materials in an electrical installation will not be required. Small rusted or repaired areas of relocated or reset galvanized equipment shall be cleaned and painted as provided in Section 210-3.6, "Galvanizing for Traffic Control Facilities,"for repairing damaged galvanized surfaces. Equipment number shall be neatly stenciled on the standard or adjacent structure. The number designation will be determined by the Engineer. All paint shall be applied either by hand brushing or by spraying machines in the hands of skilled operators. The work shall be done in a neat and workmanlike manner. The Engineer reserves the right to require the use of brushes for the application of paint, should the work done by the paint spraying machine prove unsatisfactory or objectionable, as determined by the Engineer. END OF SECTION PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION27 of 32 TRAFFIC SIGNAL UPS SYSTEM Traffic UPS System shall be a turnkey, true on-line, solid state, microprocessor controlled power conditioner and Battery Backup System (BBS) or Uninterruptible Power System (UPS). The UPS System shall continuously regenerate and conditions the AC sine wave where 100% of the power to the load, whether on utility or batteries, is generated by the on-board inverter. The UPS System shall be capable of operating, up to its rated power level, in extreme environments with existing equipment on the street today including any and all signal heads (i.e., Incandescent, LED, Neon, etc.). The Traffic UPS shall be furnished and installed in conformance with the following specification. 1.0 Operation A. The Traffic UPS shall be capable of producing - simultaneous - fully regenerated, conditioned, true sine wave, standby and continuous AC outputs. B. On-line technology shall be supported and 100% of the load shall flow through the inverter 100% of the time to isolate and protect the attached equipment. C. The traffic system shall support two modes of operation; Offline (Standby operating mode which supports power outages in the flash mode) and Online (continuous operating mode which supports power outages in the full online mode). D. Up to the maximum rating, the Traffic UPS shall be capable of supporting all cabinet systems regardless of the combination of signal heads, whether Incandescent, LED or Neon, by any manufacturer, regardless of power factor rating, without overdriving the poorer power factor LED heads which may cause early degradation, low luminosity or early signal failure. E. Upon loss of utility power the Traffic UPS shall insert battery power into the system via a supplied Power Interface Module (PIM). In case of UPS failure and/or battery depletion, the PIM will ensure that the UPS will drop out and, upon return of utility power the traffic control system will default to normal operating mode. F. The Power Interface Module shall enable removal and replacement of the Traffic UPS without shutting down the traffic control system (i.e. "hot swap" capability). Connectors shall be equipped with a "safety interlock" feature. G. For 170 or "California" style cabinets, when operating in the standby flash mode, upon loss of power the Traffic UPS shall actuate the existing Flash Transfer Relays (FTR) and Magnetic Contactor (MC) to force the traffic control system into Flash Mode operation. H. Existing Flasher Modules and Flash Transfer Relays shall be utilized. I. To facilitate emergency crews and police activities, the Traffic UPS shall be compatible with police panel functions (i.e. "Signals OFF" switch must kill power to the field wiring even when on UPS/Battery power). J. The Traffic UPS shall not duplicate or take over flash operation or flash transfer relay functions. K. The Traffic UPS shall be capable of providing continuous, fully conditioned, regulated, sinusoidal (AC) power to selected devices such as signal controllers, modems, communications hubs, NTCIP adapters and video equipment. L. The UPS shall deliver 120 V ac out +/- 3% with an ac input between 85 and 135 V ac with out discharging the batteries while operating in the true Online Mode. M. The SP1250SN/SR PLUS shall support load increases to 1400 watts for ten seconds through the full NEMA temperature range of -40°C to +74°C. while on battery. N. The UPS shall support generator input without going to batteries. PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION28 of 32 O. The UPS shall be capable of "Cold Starting", starting when no AC utility is present, i.e. starting while on batteries. P. The Traffic System shall be UL Listed and conform to NEMA standards for traffic control systems. 2.0 Description The Traffic UPS shall consist of three major components, the Electronics Module, the Power Interface Module, and the Battery System. 2.0.1.1 The Electronics Module shall consist of the following: A. True sine wave, micro Processor controlled high frequency inverter utilizing IGBT technology, B. 3-stage, temperature compensated, battery charger, C. For connection from the Electronics Module to the Power Interface Module and Battery System, dedicated harnesses shall be provided with quick-release, keyed, circular connectors and braided nylon sleeving over all conductors, D. local and remote control of UPS functions, E. local and remote communications capabilities, F. Support capability to accept an NTCIP-ready adapter or to connect a Spread Spectrum Radio modem. G. Separate Power Interface Module (PIM) for inserting power safely and reliably. 2.1 Mounting/ Configuration 2.1.1 170 Style: mounting method shall be 19" rack-mount. Shelf angles or rails, typically supplied by others, are available as optional accessories. 2.1.2 External: A separate, stand-alone, pad-mounted or piggy back (type 2), outdoor (NEMA 3R) enclosure shall be provided. Batteries shall be installed in an auxiliary cabinet that is externally mounted. 2.2 Battery System 2.2.1 The battery shall be comprised of extreme temperature, deep cycle, AGM-VRLA (Absorbed Glass Mat - Valve Regulated Lead Acid) batteries that have been field proven and tested by the U.S. military. 2.2.2 The battery system shall consist of one or more strings (6 batteries per string) of extreme temperature, deep cycle, AGM/VRLA (Absorbed Glass Mat/ Valve Regulated Lead Acid) batteries such as Clary Outpost™ batteries. 2.2.3 Batteries shall be certified to operate at extreme temperatures from -40°C to +74°C. 2.2.4 The batteries shall be provided with appropriate interconnect wiring and a corrosion-resistant mounting trays and/or brackets appropriate for the cabinet into which they will be installed. 2.2.5 The interconnect cables shall be protected with abrasion-resistant nylon sheathing. 2.2.6 The interconnect cables shall connect to the base module via a quick-release circular connector. 2.2.7 For purposes of safety and proper operation, the circular battery connector shall have interlocking pins to prevent turn-on if batteries are not connected, and to shut off the UPS should the batteries be disconnected. 2.2.8 Battery construction shall include heavy-duty, inter-cell connections for low-impedance between cells, and heavy-duty plates to withstand shock and vibration. 2.2.9 The top cover shall use tongue and groove construction and shall be epoxied to the battery case for maximum strength and durability. 3.0 Electrical Specifications 3.1 Input Specification Nominal Input Voltage 120 VAC, Single Phase PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION29 of 32 *OP72C battery sets include six (6) batteries per set, wired in series. 7.0 Communications, Controls & Diagnostics 7.1 Alarm Function Monitoring: The traffic UPS shall come standard with a DB-9F connector with open collectors (40 V @ 20ma) indicating: 7.1.1 Loss of Utility Power, 7.1.2 Inverter Failure, and 7.1.3 Low Battery. 7.2 An RS232 Interface shall be provided via a DB-9F connector allowing full, interactive, remote computer monitoring and control of the UPS functions. 7.3 Front Panel controls: Power ON, Cold (DC) Start, Alarm Silence, Battery Test, Bypass Breaker, and DC/Battery Breaker. 8.0 Reliability 8.1 Calculated MTBF is 100,000 hours based on component ratings. 8.2 When Bypass and Power Interface Module are included, system MTBF increases to 150,000 hours. 9.0 Options 9.5 Adjustable Delay-timer to provide up to 10 hours of full cycling while on battery before switching to flash mode (only available where 100% low-power/LED signals and PED heads are used). Batteries must be sized properly to fully utilize this feature. 9.6 One-shot ground pulse to trigger External Start upon return of AC power. 9.7 External dial-out modem for wireless or land line communication 9.8 Enhanced battery charger provides accelerated charging capacity (contact factory for details and proper application). 10.0 Serviceability & Maintainability 10.1 MTTR (Mean-Time-To-Replace or Repair) • Electronics: 15 minutes or less • 10.1.2Battery System: 15 minutes or less 11.0 Warranty Standard warranty shall cover entire Traffic UPS including battery. Electronics Warranty: two years parts and labor with labor F.O.B. factory. Batteries Warranty: two years pro-rated. Hot Swap programs are available - please consult Factory Service for more details. 12.0 Manufacturer The manufacturer of the Traffic UPS shall be Clary Corporation, located at 150 E Huntington Drive, Monrovia, CA 91016. (or approved equal) Phone: (800) 44-CLARY, email: sales@clary.com URL: www.clarv.com END OF SECTION PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION 31 of 32 AUXILARY CABINET CUT-SHEET TRAFFIC SIGNAL UPS SYSTEM PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION32 of 32 <%McCain The Power of Ingenuity BBS Cabinet 27X24X8, Anodized Example with 4 batteries Example with 6 batteries Description: The BBS (Battery Backup System) Cabinet is a NEMA 3R rated enclosure designed to house the batteries of a battery back up system. It mounts to the side of a traffic signal cabinet. It is ventilated through the use of louvered vents, filter, and one thermostatically controlled fan. It is equipped with the ^pMMfWHMHB a removable shelf. It is made of 0.125" thick aluminum. Finishes are anodized, natural, painted and powder coated. Dimensions: 27"H x 24" W x 8"D Weight: 42 Ibs. Part Number: M34385 (BBS CABINET,27X24X8,ANOD) McCain reserves the right to change product specifications without notice. 07/12/05 2365 Oak Ridge Way, Vista, CA 92081, Phone 760-727-8100 - Fax 760-727-8264 - PWGS 316R TRAFFIC SIGNAL UPS AND BATTERY BACKUP INSTALLATION"33~6f 33 Exhibit 3 PROPOSED UPS INSTALLATIONS Project PWGS316R Main St Cross St Other St Adams Alga Rd Alga Rd Ambrosia Ln Aston Av Avenida Encinas Avenida Encinas Aviara Pkwy Aviara Pkwy Aviara Pkwy Aviara Pkwy Batiquitos Dr Cadencia St Camino de las Ondas Cannon Rd Cannon Rd Cannon Rd Carlsbad Village Dr Carlsbad Village Dr Carrillo Wy Cinema Wy Crystaline Dr Grand Av Grand Av Grand Av Jefferson St Jefferson St Jefferson St La Costa Av La Costa Av Marron Rd Melrose Dr Paseo del Node Tamarack Corintia St Melrose Dr Aviara Pkwy College Bl Poinsettia Ln San Lucas Cobblestone Rd Laurel Tree Ln Mimosa Dr Poinsettia Ln Poinsettia Ln La Costa Av Paseo del Norte Frost Av Legoland Dr Paseo del Norte Concord St Tamarack Av Melrose Dr Marron Rd Poinsettia Ln Jefferson St Roosevelt St State St Laguna Dr Las Flores Dr Marron Rd Romeria St Viejo Castilla Wy Monroe St Rancho Bravado Poinsettia Ln Poinsettia Village Mariposa Rd Exhibit A QUOTATION STEINY & COMPANY, INC. LICENSE #161273, CLASS A, B, C-10 12907 EAST GARVEY, BALDWIN PARK, CA 91706 PHONE# 626-338-9923 FACSIMILES 626-338-8343 November 14, 2007 JOB: CARLSBAD QUOTE#: 3120 BID DATE: BID ITEM 111403 BID TIME: QUAN.EXTENSION A1 A2 BBUS BATTERY CAB 33 33 $3,737.00 $2,155.00 TOTAL $123,321.00 $71,115.00 $0.00 $194,436.00 Excludes: 1) All permit, design and inspection costs. 2) All bond costs. (1% of bid amount or $500.00 minimum, if required.) 3) Signing and striping (labor to install mast arm regulatory signs included). 4) Weekend and Night Work. Notes: 1) Quote valid for 30 Days. 2) Includes traffic control for our work only. Steiny & Company, Inc. Estimator