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Home My WebLink AboutTraffic Development Services Inc; 2011-04-07; 6321-1 Part 1 of 2CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 BID NO. PWS11-14TRAN oRevised 06/10/09 Contract No. 6321-1 Page 1 of 116 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 17 Bidder's Bond to Accompany Proposal 18 Guide for Completing the "Designation Of Subcontractors" Form 20 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 26 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 28 Contract Public Works 29 Labor and Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 39 Revised 06/10/09 Contract No. 6321-1 Page 2 of 116 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 47 1-4 Units of Measure 50 1-5 Symbols 51 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 52 2-2 Assignment 52 2-3 Subcontracts 52 2-4 Contract Bonds 53 2-5 Plans and Specifications 54 2-6 Workto be Done 57 2-7 Subsurface Data 58 2-8 Right-of-Way 58 2-9 Surveying 58 2-10 Authority of Board and Engineer 58 2-11 Inspection 59 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 59 3-2 Changes Initiated by the Agency 59 3-3 Extra Work 61 3-4 Changed Conditions 63 3-5 Disputed Work 64 Section 4 Control of Materials 4-1 Materials and Workmanship 67 4-2 Materials Transportation, Handling and Storage 72 Section 5 Utilities 5-1 Location 72 5-2 Protection 72 5-3 Removal 73 5-4 Relocation 73 5-5 Delays 74 5-6 Cooperation 75 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 75 6-2 Prosecution of Work .'.. 79 6-3 Suspension of Work 80 6-4 Default by Contractor 80 6-5 Termination of Contract 81 6-6 Delays and Extensions of Time 81 6-7 Time of Completion 82 6-8 Completion, Acceptance, and Warranty 83 6-9 Liquidated Damages 83 6-10 Use of Improvement During Construction 83 Revised 06/10/09 Contract No. 6321-1 Page 3 of 116 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 84 7-2 Labor 84 7-3 Liability Insurance 84 7-4 Workers' Compensation Insurance 84 7-5 Permits 85 7-6 The Contractor's Representative 85 7-7 Cooperation and Collateral Work 85 7-8 Project Site Maintenance 86 7-9 Protection and Restoration of Existing Improvements 88 7-10 Public Convenience and Safety 88 7-11 Patent Fees or Royalties 95 7-12 Advertising 95 7-13 Laws to be Observed 95 7-14 Antitrust Claims 95 Section 8 Facilities for Agency Personnel. Not needed. Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 95 9-2 Lump Sum Work 96 9-3 Payment 96 9-4 Bid Items 99 SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 OF THE SSPWC Part 2 Construction Materials Section 209 Electrical Components 100 PART 3 Construction Methods Section 307 Street Lighting and Traffic Signals.112 Appendix A Scope of Work 113 Revised 06/10/09 Contract No. 6321-1 Page 4 of 116 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 7, 2010, 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: Installation of audible pedestrian signals and countdown pedestrian signal equipment at twenty one (21) intersections throughout the city. INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 BID NO. PWS11-14TRAN 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, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Transportation Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", 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. Revised 06/10/09 Contract No. 6321-1 Page 5 of 116 Pages 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. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 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 $150,660. 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: C10. 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 $10 per set. If plans and specifications are to be mailed, the cost for postage should be added. m& Revised 06/10/09 Contract No. 6321-1 Page 6 of 116 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. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. 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. 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. Am¥ Revised 06/10/09 Contract No. 6321-1 Page 7 of 116 Pages 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. 2010-181 adopted on the 13th day of July, 2010. November 1, 2010 DATE Revised 06/10/09 Contract No. 6321-1 Page 8 of 116 Pages CITY OF CARLSBAD INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, 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. 6321-1 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: Approximate Item Quantity Total Amount No. Description And Unit (Figures) 1 Furnish and install audible Lump Sum $ ,3930 pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Grand Avenue. 5/ (Price in Words) Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Carlsbad Village Drive. J/v (Price fn Words) Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Pine Avenue. -T^/l/V rtSAf. ////*/ (Price in Words)omW Revised 06/10/09 Contract No. 6321-1 Page 9 of 116 Pages Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Tamarack Avenue. ha/iotto (Price in Words) Furnish and install audible Lump Sum $__£13_; pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Cannon Road. (Price in Words) Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Poinsettia Lane. (Price in Words) Furnish and install audible Lump Sum $ / \ / pedestrian signals and countdown pedestrian signals at Carlsbad Boulevard and Avenida Encinas. (Price in Words) 8 Furnish and install audible Lump Sum $ ?3/t/ pedestrian signals and countdown pedestrian signals at Rancho Santa Fe Road and Calle Barcelona. (Price in Words) Furnish and install audible Lump Sum $ & <?33 pedestrian signals and countdown pedestrian signals at Carlsbad Village Drive and Monroe Street. (Price fn Words) Revised 06/10/09 Contract No. 6321-1 Page 10 of 116 Pages 10 Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at College Boulevard and Tamarack Avenue (North). (Price in Words) 11 Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at College Boulevard and Tamarack Avenue (South). 6>iC (Price in Words) 12 Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at El Camino Real and Marron Road. (Price irf Word's) 13 Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at El Camino Real and Hosp Way. 6//77V (Price \h Words) 14 Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at El Camino Real and Carlsbad Village Drive. 7V DftL (Price id Words) 15 Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at El Camino Real and Tamarack Avenue. ^7V (Price iri Words) Revised 06/10/09 Contract No. 6321-1 Page 11 of 116 Pages 16 Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at El Camino Real and Aviara Parkway/Alga Road. (Price in Words) 17 Furnish and install audible Lump Sum $ $3%, i pedestrian signals and countdown pedestrian signals at Rancho Santa Fe Road and La Costa Avenue. (Price in Words) 18 Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at Marron Road and Monroe Street. (Price7 in Words) 19 Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at Melrose Drive and Poinsettia Lane. j-f/iT (Price in Words) 20 Furnish and install audible Lump Sum pedestrian signals and countdown pedestrian signals at Poinsettia Lane and El Fuerte Street. (Price fh Words) 21 Furnish and install audible Lump Sum $ pedestrian signals and countdown pedestrian signals at Poinsettia Lane and Alicante Road. (Price iri Words) Revised 06/10/09 . Contract No. 6321-1 Page 12 of 116 Pages OPENED, WITNESSED AND RECORDED: Total amount of bid in words: dm . f\or>t>AtJ\ f/ffc ~ Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s).J _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number ?Vd&y _ , classification ft. 6-/o _ which expires on , 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(3). 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 '/I/^Y^S fodfift _ (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. Revised 06/10/09 Contract No. 6321-1 Page 13 of 116 Pages Check a License - Contractors State License Board Page 1 of 1 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 940869 tJLi DISCLAIMER: A license status check provides information taken from the CSLB license database. 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 database. License Number Business Information Entity: Issue Date Expire Date License Status Additional Status: Classifications: Bonding: Workers' Compensation: 940869 Extract Date: 12/9/2010 TRAFFIC DEVELOPMENT SERVICES INC 4215 TIERRA REJADA RD STE 184 MOORPARK, CA 93021 Business Phone Number:(805) 523-1914 Corporation 12/14/2009 12/31/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C10 ELECTRICAL. CONTRACTOR'S BOND This license filed Contractor's Bond number 100105884 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 12/01/2009 BOND OF QUALIFYIN' .^DIVIDUAL 1. This license filed Bond of Qualifying Individual number 100105883 for JACKSON STEPHEN ALDEN in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 12/01/2009 BQI's Bonding History This license has workers compensation insurance with the TRAVELERS INDEMNITY COMPANY OF CONNECTICUT Policy Number:DEEUB3135P30309 Effective Date: 12/08/2009 Expire Date: 12/08/2010 Personnel listed on this license (current or disassociated) are listed on other licenses. .'onditions of Use | Privacy Policy Copyright© 2010 State of California https://www2.cslb. ca.gov/OnlineServices/CheckLicenseII/LicenseDetail. aspx?LicNum=94... 12/9/2010 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail 3Revised 06/10/09 Contract No. 6321-1 Page 14 of 116 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2). (Signature) / (Title) Impress Corporate Seal here (Street and Number) (3) Incorporated under the laws of the State of G/? (4) Place of Business VZ/f T/L£&fl City and State ffl()fi#PA£^i r>fl (5) Zip Code 9,WJ Telephone No. (6) E-Mail . fr?j/tfM & r^rf ff/fj /3 tAXXC>f//)fS)73L>{Mrs3. f NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE - __ ATTACHED State of California County of T 0°, jg»c before rne, t U4< IV Ut/\rtA , personally appeared , who proved to rne on the basis of satisfactory evidence to be the person^ whose \s/sx6 subscribed to (he within instrument and acknowledged to me that executed the same in his/jjer/ibeir authorized capacityjjes), and that by his/jeh/ltreir signatureCs^on the instrument the person(s), or the entity upon behalf of which the person^) 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. o> *rO £ O oO Z 'IVNN« Revised 06/10/09 Contract No. 6321-1 Page 15 of 116 Pages 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: Revised 06/10/09 Contract No. 6321-1 Page 16 of 116 Pages BID SECURITY FORM (Check to Accompany Bid) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 (NOTE: The following form shall be used if check accompanies bid.) \ Accompanying this propo CARLSBAD, in the sum of Certified "Cashiers check payable to the order of CITY OF dollars ($_J, this amount being ten percent (10%)\)f 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, vyarranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwisV 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) daV 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 06/10/09 Contract No. 6321-1 Page 17 of 116 Pages Bond No. TRADE-182 BIDDER'S BOND TO ACCOMPANY PROPOSAL INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 KNOW ALL PERSONS BY THESE PRESENTS; International Fidelity That We, Traffic Development Services, Inc. . as Principal, and Insurance Company _( as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 06/10/09 Contract No. 6321-1 Page 16 of 116 Pages In the event Principal executed this bond as an shall not exonerate the Surety from its obligations individual, it is agreed that the death of Principal under this bond. Executed by PRINCIPAL this <£_. day of .,20/2. PRINCIPAL: Traffic Development Services, Inc. (name of Principal) By: (print name here) (Titjtfahd Organization of Sigmtory) " (Stfn'here) Robert W. Ruffmen, President (print name here) Robert Rufflnen, President, Secretary & Treasurer (title and organization of signatory) dayExecuted by SURETY this ......3rd of December 20 10 SURETY: International Fidelity Insurance Company (name of Surety) 13400 Sabre Springs. Parkway, Suite 270 San Diego, CA 92128 (address of Surety) (858) 513-1795 (signature of Attorn?y-Tr>Pact) Arturo Ayala (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 City Attorney Deputy City Attorney Revised 09/10/09 Contract No. 6321-1 Page 19 of 116 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of wAWa On , Q/c.* , 2oio Date personally appeared before me, c_ \ >o t ""^t^ph^iA ,~~^&tY~^( } U t\\ -V X -4 W 1 \ *^.nv'oX '^c*\<9 ^~*-\ i Ot^l i C HereJntert ^ame and Title of th£ Cfltficer Name(s) of Signer(s) DEE A. HENRY Commission #1890948 Notary Public - California Ventura County My Comm. Expires May 25, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose namej^) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities'), and that by his/hef/tbelr signature^ on the instrument the person^), or the entity upon behalf of which the persorj(g) 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. ^^\ _vj\ \ ~\ Signature^I^^T\ >CK SignatureKpf Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D D Corporate Officer — Title(s): Partner — a Limited D General D Attorney in Fact RIGHTTHUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHTTHUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: ^vwxfvofxx^ix^^ Top of thumb here D Trustee D Guardian or Conservator D Other: Sianer Is Representing: XX#X$<XF>WX$&X2<jW^ Top of thumb here ^flVVQ&V&XXj^ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 3e<^^£<;»^^ STATE OF CALIFORNIA County of Orange On 12/3/10 Date before me, Susan Pugh. Notary Public Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) /. SUSAN PUGH | ? > Commission # 1734680 I *«• | Notary Public - California ~ / Orange County 5 i ^Ccnm Expires Mar 23,2011 I "' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/stnefttosy executed the same in his/htef^toesir authorized capacity(ies), and that by his/rresftteir 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. Signature SigrraTure of Notary Public Susan Pugh I ,/ 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:Bid Bond Document Date: 12/3/10 Signer(s) Other Than Named Above: None Number of Pages: Two Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala D Individual D Corporate Officer — Title(s): D Partner—D Limited D General 5J Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINTOF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 Tel (973) 624-7-200 POWER OF ATTORNEY B0^ N°- TEADE-182 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint DWIGHT REILLY, RALPH EIDEM, JR., ARTURO AYALA, DANIEL HUCKABAY Orange, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipal office. This Power of Attorne Directors of INTERNA' iey is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of iTIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingduly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEYCounty of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me dulysworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaid Company. »„.,„„ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. £ CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 3rd day of December, 2010. Assistant Secretary OUOOA3ISIH RESOLUTION OF THE BOARD OF DIRECTORS OF TRAFFIC DEVELOPMENT SERVICES, INC. RESOLVED, that the directors of Traffic Development Services, Inc., a California corporation (the "Corporation"), hereby adopt the following resolutions by written consent. RESOLVED, that the Corporation authorizes Steve Jackson ("Jackson'*) to sign bidding contracts on behalf of the Corporation; RESOLVED, that any such bidding documents signed by Jackson shall be binding on the Corporation as if such documents had been signed by Robert W. Ruffinen (Ruffinen) as President, Treasurer, and/or Secretary of the Corporation,- and RESOLVED, that Jackson's authorization shall expire on the earlier of the following: (a) December 31, 2010; or (b) the date that Ruffinen and/or the directors of the Corporation terrainate(s) such authorization. IN WITNESS WHEREOF, this consent has been executed as of the date below. Dated as of June 15,2010. Robert W. Michelle K. Ruffinen •*<-^-*g Anita M. Ruffinen Lisa Young Company Profile Page 1 of 2 Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 1575 TREAT BLVD. WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 11592 NAIC Group #: 4705 California Company ID #: 4341-4 Date authorized in California: February 09, 1996 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY -Lines of Insurance Authorized to 1 ransact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? http://interactive.web. insurance. ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=60972 12/9/2010 Company Profile Page 2 of 2 Area Financialjlating Organizations Last Revised - June 26, 2009 05:53 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=60972 12/9/2010 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. 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. Revised 06/10/09 Contract No. 6321 -1 Page 20 of 116 Pages 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 06/10/09 Contract No. 6321-1 Page 21 of 116 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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 flO/lU 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) California 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 06/10/09 Contract No. 6321-1 Page 22 of 116 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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 Name and Address of the Employer J&j fiTrho/if^ Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 06/10/09 Contract No. 6321-1 Page 23 of 116 Pages Following is a list of our references, projects and their completion dates: Mr. Bernard Alonzo California Department of Transportation 14620Carmenita Norwalk, CA 90650 (562) 926-2537 Office (714) 936-4170 Cell bernard_y_alonzo@dot.ca.gov Contract 07A2741 Completion Date 5/10 Total Value $11,710.00 Modify Traffic Signal Contract 07-4T1604 Completion Date 6/10 Total Value $186,002.00 Modify Traffic Signal and Signs Mr. David Wu City of Palmdale 38250 N. Sierra Hwy. Palmdale, CA 93550 (661) 267-5272 Office HYPERLINK "mailto:dwu@cityofpalmdale.org" dwu@cityofpalmdale.org Contract 553 Completion Date 5/10 Total Value $304,635.00 Traffic Signal Installation & Roadwork Mr. Zarif Saykali California Department of Transportation 12975 Culver Blvd. Los Angeles, CA 90066 (310) 822-2396 x227 Office (310)345-6274 Cell HYPERLINK "mailto:zarif_saykali@dot.ca.gov"zarif_saykali@dot.ca.gov Contract 07-4T0604 Completetion Date 5/10 Total Value $460,069.00 Install Channelizers (Qwick Kurb System) BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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: 0 Comprehensive General Liability 0 Automobile Liability 0 Workers Compensation 0 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 06/10/09 Contract No. 6321-1 Page 24 of 116 Pages ACORD® CERTIFICATE OF LIABILITY INSURANCE PRODUCER SullivanCurtisMonroe Insurance Services 1920 Main Street Suite 600 Irvine, CA 9261 4 License # OE83670 949.250.71 72 www.SullivanCurtisMonroe.com 949.852.9762 INSURED Traffic Development Services 4215 Tierra Rejada Road, Ste. 184 Moorpark CA 93021 i DATE (MM/DD/YYYY) 3/14/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Travelers Property Casualty of America INSURERS: INSURER C: INSURER D: INSURERS: NAIC# 25674 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERRIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A A A A ADD'L INSRD _ TYPE OF INSURANCE GENERAL LIABILITY / COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | / [ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY [71 ?ERr°f HLOC AUTOMOBILE LIABILITY y ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS / HIRED AUTOS / NON-OWNED AUTOS GARAGE LIABILITY J ANY AUTO EXCESS / UMBRELLA LIABILITY / OCCUR j I CLAIMS MADE DEDUCTIBLE /I RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y , N ANY PROPRIETOR/PARTNER/EXECUTIVE I h OFFICER/MEMBER EXCLUDED?(Mandatory in NH) If yes, describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER DTEC03135P303TIL10 BA3135P303CNSS10 DTSMCUP3135P303TIL10 DTJUB3135P30310 POLICY EFFECTIVEDATE (MM/DD/YYYY) 12/8/2010 12/8/2010 12/8/2010 12/8/2010 POLICY EXPIRATIONDATE (MM/DD/YYYY) 12/8/2011 12/8/2011 12/8/2011 12/8/2011 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EAACC AGG EACH OCCURRENCE AGGREGATE / WC STATU-/ TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 300,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ $ $ $ $ $ $ 10,000,000 $ 10,000,000 $ $ $ $ 1,000.000 S 1,000.000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Installation of Audible Pedestrain and Countdown Pedestrian Signals, Contract No. 6321-1, Bid NO PWS11-14Tran The City of Carlsbad is named as additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Carlsbad, Public Works Purchasing Department 1635 Faraday Avenue Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BSOOOSXKPO MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, «XDeXKK»B<POX»)««»6XX!XX w&wmmMKWQtmKWzw^ )SW8€<KBQ)W1XB§< * 10 Days for Non-Payment of Premium and/or Non-Reporting of Payroll. AUTHORIZED REPRESENTATIVE Bebe Prater T&&, £*£&A^ ACORD 25 (2009/01) CERT NO.: 9728786 CLIENT CODE: traffdev Lorena Barragan 3/14/2011 3:37:53 PM Page 1 of 4 © 1988-2009 ACORD CORPORATION. All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) CERT NO.: 9728786 CLIENT CODE: traffdev Lorena Barragan 3/14/2011 3:37:53 PM Page 2 of 4 Traffic Development Services COMMERCIAL GENERAL LIABILITY ISSUE DATE:POLICY NUMBER: DTEC03135P303TIL10 12/8/2010 12/8/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Carlsbad,Public Works Purchasing Department 1635 Faraday AvenueCarlsbad CA 92008 PROJECT/LOCATION OF COVERED OPERATIONS: RE: Installation of Audible Pedestrain and Countdown Pedestrian Signals, Contract No. 6321-1, Bid NO PWS11-14Tran The City of Carlsbad 1. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion. 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 a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written con- tract requiring insurance". This endorsement shall not increase the limits of insurance de- scribed in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless a "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 oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 ©2005 The St. Paul Travelers Companies, Inc.Page 1 of 2 CLIENT CODE: traffdev Lorena Barragan 3/14/2011 3:37:53 PM Page 3 of 4 COMMERCIAL GENERAL LIABILITY 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 a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation 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 stil! is excess over any valid and collectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured 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 "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took 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 de- fense 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 insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" 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 in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs 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. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc.CGD2470805 CERT NO.: 9728786 CLIENT CODE: traffdev Lorena Barragan 3/14/2011 3:37:53 PM Page 4 of 4 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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: (name of Contractor) By: (sign/here) (print name/title) Page / of Revised 06/10/09 pages of this Re Debarment form Contract No. 6321-1 Page 25 of 116 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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? n/ftyes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? n/flyes 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 i, pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 6321-1 Page 26 of 116 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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: (name of Contractor) By: _ (sign here) (print name/title) Page jj of & pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 6321-1 Page 27 of 116 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 State of California ) ) ss. County of ) (Name of Bidder) and says that he or she is being first duly sworn, deposes (Title) Of (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the ^ day of Cbm<nkt-^ , 20 lo . Signature of Bidder j Subscribed and sworn to before me on the (NOTARY SEAL) Revised 06/10/09 Contract No. 6321-1 Page 28 of 116 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signerfs], not Notary) Signature of Document Signer No. 1 State of California County of \Jli-rW; DEE A. HENRY T Commission # 1890948 t Notary Public - California z Ventura County 5 My Comm. Expires May 25. 2014 E Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this _ day of JTVuL^ib-f-x/ , 20 \T3 , by Date Month Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (. JancT Name of Signer proved to me on the basis of satisfactory evii to be the person who appeared before me.) Place Notary Seal Above Though the information below is i valuable to oersons relvina on tt ^^ • • B^^BW*^^— inuugii uis in/urination 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 documei Further Description of Any Attached Document Title or Type of Document:^ Document Date: •ffllvSM* A^2VTJ- _ Number of Pages: I I ' Signer(s) Other Than Named Above:. RIGHTTHUMBPRINT OF SIGNER #1^KiKUSlkUlU^ Top of thumb here RIGHTTHUMBPRINT OF SIGNER #2 Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toil-Free 1 -800-876-6827 Citv of Carlsbad Public Works - Contract Administration Decembers, 2010 ADDENDUM NO. 1 RE: INSTALLATION OF AUDIBLE PEDESTRAIN AND COUNTDOWN PEDESTRAIN SIGNALS, BID NO. PWS11-14TRAN Please include this addendum in the Request for Bid package you have for the above project. IMPORTANT NOTE: The new bid due date is Thursday. December 9. 2010. Bids must be received before 2:00 PM on this date. This page—receipt acknowledged—must be attached to your bid when it is submitted. •- •',' r /' KEVIN L. DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO 1 Signature of Carlsbad Public Works - Contract Administration Decembers, 2010 ADDENDUM NO. 1 RE: INSTALLATION OF AUDIBLE PEDESTRAIN AND COUNTDOWN PEDESTRAIN SIGNALS, BID NO. PWS11-14TRAN Please include this addendum in the Request for Bid package you have for the above project. IMPORTANT NOTE: The new bid due date is Thursday. Decembers. 2010. Bids must be received before 2:00 PM on this date. This page—receipt acknowledged—must be attached to your bid when it is submitted. KEVIN L. DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (76O) 6O2-4677 • FAX (760) 602-8562 CITY OF CARLSBAD INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 Bid No. PWS11 OUTRAN Addendum No. 1 From: Jim Murray, Project Manager Phone: (760)602-2734 Fax: (760) 602-8562 No. of Pages: 1 (including this page) Date: Decembers, 2010 Bid Opening Date: December 9, 2010 2:00 pm NOTICE INVITING BIDS (PAGE 5) The due date of the bids shall be changed from 2:00 p.m. on December 7, 2010 to 2:00 p.m. on December 9, 2010. CONTRACT DOCUMENTS - APPENDIX A (PAGE 113) The quantity of new audible pedestrian signal system control units at Location #7 (Carlsbad Boulevard and Avenida Encinas) shall be changed from "1 total" to "2 total". Contract No. 6321-1 1 Addendum No. 1 CONTRACT PUBLIC WORKS This agreement is made this Y day of _ f\r>f*lL- _ , 2011, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and TRAFFIC DEVELOPMENT SERVICES, INC. whose principal place of business is 4215 Tierra Rejada Road, Suite 184, Moorpark, CA, 93021 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 (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, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, 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 06/10/09 Contract No. 6321-1 Page 29 of 116 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 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. 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. A•^ Revised 06/10/09 Contract No. 6321-1 Page 30 of 116 Pages 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. 9. 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. 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. Revised 06/10/09 Contract No. 6321-1 Page 31 of 116 Pages (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. 10. 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. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. Revised 06/10/09 Contract No. 6321-1 Page 32 of 116 Pages (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (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. -maI have read and understand all provisions of Section 10 above. 'TN0S init ~T ' I-V^ init 11. 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. 12. 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. 13. 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. Revised 06/10/09 Contract No. 6321-1 Page 33 of 116 Pages 14. 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) Services, Inc. (name of Contrac /^ ( JJ v (sign here) Robert W. Ruffinen, President (print name and title) (sign here) TSotffn-en. \A t?. CITY OF CARLSBAD a municipal corporation of the State of California By: Mayort ATTEST: LORRAINE M. WOOD, CityClerk (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Dep'uiy City Attorney Revised 06/10/09 Contract No. 6321-1 Page 34 of 116 Pages State of California County of \j > On M before me, personally appeared CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT UN (here insert name and title of theQfficer) r who proved to me on the basis of satisfactory evidence to be the person^-whose name^ is/Sssubscribed to the within instrument and acknowledged to me that he/sbs&tey executed the same in his/liMftheir authorized capacity(n»), and that by his/J^ee&heit.signature^-on the instrument the person©, or the entity upon behalf of which the persons-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. Signature _^ ANITA RUFFINENCOMM. #1878911 Notary Public - California g Ventura County -t My Comm. Expires Feb. 2, 2014 f (Seal) ' OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signerffi capacity or authority is I | Individual(s) O Attorney-in-Fact rporate Officer(s) < <\D. rT ^L 0 O Guardian/Conservator Q Partner-Limited/General ED Trustee(s) ED Other: representing:"^Traffic Development Services, Inc. Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: ^O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page* Entry* Notary contact: Other | | Additional Signer(s) | | Signer(s) Thumbprint(s) O ©Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com State of California County of \J^^j On \\ before me, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT g^ ; N (here insert name and title of the office*? personally appeared .vJU, [ \-*<_ who proved to me on the basis of satisfactory evidence to be the person^-whose name£) is/ace subscribed to the within instrument and acknowledged to me that t^sheZttey executed the same in "fets/her/trTDtr authorized capacity(tfi^, and that by 4tf5/her/ttetr signature^ on the instrument the person©, or the entity upon behalf of which the person© 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. ' ANITA RUFFINEN [ COMM. #1878911 2 Notary Public - California g ,'i Ventura County -t ' My Comm. Expires Feb. 2,2014 f (Seal) ' OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of £iX\ containing pages, and dated The signer(s) capacity or authority \s/-af as: , EH Individual(s) CH Attorney-in-Fact , iL/CorporateOfficer® \j \c Title(s) EH Guardian/Conservator CH Partner-Limited/General EH Trustee(s) EH Other: representing:1b Traffic Development Services, Inc. Name(s) of Person(s) or Entity(ies| Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: 1—O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page# Entry* Notary contact: Other EH Additional Signer(s) | | Signer(s)Thumbprint(s) EH © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 orvisit us on the Internet at http://www.notaryrotary.com Bond No. 1000877341 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICELABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2011- 032, adopted February 22, 2011, has awarded to TRAFFIC DEVELOPMENT SERVICES, INC. (hereinafter designated as the "Principal"), a Contract for: INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Traffic Development Services, Inc., as Principal, (hereinafter designated as the "Contractor"), and U-S. Specialty Insurance Company as Surety, are hefd firmly bound unto the City of Carlsbad in the sum of One Hundred Fifty-two Thousand Fifty-nine Dollars ($152,059), 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 attorney's 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. Revised 06/10/09 Contract No. 6321-1 Page 35 of 116 Pages In the event that Contractor is an individual, not exonerate the Surety from its obligations Executed by CONTRACTOR this nth day Of March j 20 H it is agreed that the death of any such Contractor shall under this bond. Executed by SURETY this. of March llth .day CONTRACTOR: j[raffic Development Services, Inc. (name-of Contractor) »..*.-U/-f 1^.__ .„ _ (sign here) Robert W. Ruffinen, President (print name here) Robert Ruffinen, President, Secretary & Treasurer SURETY: U.S. Specialty Insurance Company (name of Surety) 625 The City Drive So., Ste. 130 Orange, CA 92868 (address of Surety) f4) 740-7000 (title and organization of signatory) By: (sign here) \i } • f'C-'I'O (print name here) "^signiture of Attprrtey-in-Fact) Daniel Huckabay ' _ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (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 06/10/09 Contract No. 6321-1 Page 36 of 116 Pages State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 2-Q U before me, nd titl(here insert name and title of the cwicer) personally appeared l<U3 who proved to me on the basis of satisfactory evidence to be the person® whose name© is/as-subscribed to the within instrument and acknowledged to me that he/sbo/they executed the same in his/hef/tfretr authorized capacity(ie), 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. 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. Signature CejL^-A^. W: '"' ANITA RUFFINEN COMM. #1878911 z Notary Public - California § Ventura County t My Cpmm. Expires Feb. 2,2014^ (Seal) • OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachmentofthis acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing ____ pages, and dated The signers-capacity or authority is/|fe as: CH Individual(s) CD Attorney-in-Fact __ <H. Corporate Officer(s) ^^ec^',Ja^sb-- "5 UJ . EH Guardian/Conservator EH Partner-Limited/General I I Trustee(s) EH Other: representing: ^Traffic Development Services, Inc. Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: '—O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry* Notary contact: Other | | Additional Signer(s) | j Signer(s)Thumbprint(s) D © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA50312-3612 FormACKOS. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com State of California County of XJe^jp On |Y\,. .gi^ \i 2-QM before me, personally appeared CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT M (here insert name and title of the who proved to me on the basis of satisfactory evidence to be the person&whose name^-is/S? subscribed to the within instrument and acknowledged to me that Ja/she/ffcey-executed the same in -life/her/Lft5ti authorized capacityQsst, and that by t^her/thew signature® on the instrument the person(^or the entity upon behalf of which the person^ 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. Signature c—^ CLJ ANITA MJ, COMM. #1878911. Notary Public - California g Ventura County (Seal) ' OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of OftU, containing pages, and dated The signer^.capacity or authority is^e as: O Individual(s) LH Attorney-in-Fact ,. >pB-Corporate Officer^ \J {-O(_ r^*.^ ^ LH Guardian/Conservator [U Partner-Limited/General EH Trustee(s) D Other: representing: ^Traffic Development Services, Inc. Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: L-O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Pagetf Entry* Notary contact: Other | | Additional Signer(s) | | Signer(s)Thumbprint(s) D ©Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the internet at http:77www.notaryrotary.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/11/11 Date before me, Arturo Ayala, Notary Public personally appeared Daniel Huckabay Here Insert Name and Title of the Officer Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/srg subscribed to the within instrument and acknowledged to me that he/St?6#&§y executed the same in his/&9C/8KK authorized capacity (iex), and that by his/tecStbeff signature(s) on the instrument the person(s), or the entity upon behalf of which the person(x) 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 Signatun Signature of Notary Public Ai 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: Labor and Materials Bond Document Date: 3/11/11 Number of Pages: Two Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Ef Attorney in Fact D Trustee RIGHTTHUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner— D Limited D General D Attorney in Fact D Trustee RIGHTTHUMBPRINT OF SIGNER D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here jG<j&Z2&&3£&£>f?§®&&G<^^ © 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvw.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Bond No. 1000877341 Premium: $4,562.00 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2011- 032, adopted February 22, 2011, has awarded to TRAFFIC DEVELOPMENT SERVICES, INC. (hereinafter designated as the "Principal"), a Contract for: INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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, Traffic Development Services, Inc., as Principal, (hereinafter designated as the "Contractor"), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Fifty-two Thousand Fifty-nine Dollars ($152,059), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of 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 06/10/09 Contract No. 6321 -1 Page 37 of 116 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 nth day of March _ _ 20 JLI . CONTRACTOR: Traffic Development Services, Inc. (name of Contractor) *^ T I .Q \ (sign here) Robert W. Ruffinen, President (print name here) Robert Ruffinen, President, Secretary & Treasurer (Title and Organization of Signatory) Executed by SURETY this March SURETY: U.S. Specialty Insurance Company (name of Surety) 625 The City Drive So., Ste. 130 Orange, CA 92868 (address of Surety) (714) 740-7000 day of .20 .(telephone nuhpjber of Surety) (\ By:. (signature of Attorney=fn-Fact) By: (sign here) (print name here) Daniel Huckabay (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (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 06/10/09 Contract No. 6321-1 Page 38 of 116 Pages State of California County of Vjq.^ CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On \\ before me,^^^ (here insert name and* title personally appeared Xe?ii^4- UJ .\ who proved to me on the basis of satisfactory evidence to be the person^whose name(sHs/^e-subscribed to the within instrument and acknowledged to me that he/sJutAlnjy executed the same in his/UtM/lliur authorized capacity^), and that by his/JatMhdi signature^ on the instrument the person^, or the entity upon behalf of which the persons-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. Signature C?_- „,„,„,OJFFINEN COMM. #1878911 Notary Public - California Ventura County , rnmm Emires Feb. 2,2014J (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of G*L«~ t£~ ( containing / pages, and dated The signer^) capacity or authority is/ CJ Individual(s) CH Attorney-in-Fact Corporate Officer(s ntle(s) Q CH Guardian/Conservator [U Partner -Limited/General O Trustee(s) D Other: representing:Traffic Development Services, Inc. Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: LO form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page# Entry* Notary contact: Other | | Additional Signer(s) | | Signer(s)Thumbprint(s) O State of California County of \J ^. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On \\(\ before me, Acv\'t-U^ personally appeared /V] l^t^c I i (here insert name and title of the of^jjcer) who proved to me on the basis of satisfactory evidence to be the person^ whose namefe) is/at^subscribed to the within instrument and acknowledged to me that te/she/tt»y executed the same in ^/her/f&BP authorized capacityfis^, and that by-feK/her/th^rsignature^-on the instrument the personal, or the entity upon behalf of which the person® 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. Signature CJL^-, v^LJ£^-^~^ ' ~ ANITA RUFFINEN COMM. #1878911 Notary Public - California g Ventura County -f My Comm. Expires Feb. 2, 2014 [ (Seal) ' OPTIONAL INFORMATION A/though the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Gj^u fl Q u^S &U ~ containing pages, and dated The signer^) capacity or authority is?!3W as: N^"«okx^Ve_ \-\v«£vi Individual(s) Attorney-in-Fact orporate Officer(s) yfc<_ A tvf ~, 0 Guardian/Conservator 1 I Partner-Limited/General D Trustee(s) G Other: representing:'^Traffic Development Services, Trie. Method of Signer Identification Proved to me on the basis of satisfactory evidence: ^—O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry* Notary contact: Other j j Additional Signer(s) [ | Signer(s}Thumbprint(s) n CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT v'^^N@ee>£C<;e<j^e<ge^^ STATE OF CALIFORNIA County of Orange On 3/11/11 Date before me, Arturo Ayala. Notary Public personally appeared Daniel Huckabay Here Insert Name and Title of the Officer Name(s) of Signer(s) AHO/ROAYAU COMM. #1876570 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(n) whose name(s) is/MB subscribed to the within instrument and acknowledged to me that he/stsgft&Sy executed the same in h\s/K9tflU&t authorized capacity pas), and that by his/foBtAbdr signature^) on the instrument the person(s), or the entity upon behalf of which the person(x) 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 Signatun Signature of Notary Public Artu 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: Faithful Performance/Warranty Bond Document Date: 3/11/11 Number of Pages:_Two Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Bf Attorney in Fact D Trustee RIGHTTHUMBPRINT OF SIGNER D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here i<^g<2@<2@<5©ggeeeg<i^3E<je^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Bond No. 1000877341 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Ralph Eidem Jr., Daniel Huckabay or Arturo Ayala of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,OQO,000.00** ). This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15th day of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: On this 15th day of June, 2009, before:me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. Signature (Seal) V, WtiiGHI Commission * 1BJ6148 Notary PisbNc • Catifajrdalas Angeles County I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this llth day of March 2011. Corporate Seals Bond No. 1000877341 Agency No. S47? Jeannie J. Kim, Assistant Secretary 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 INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS CONTRACT NO. 6321-1 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. cRevised 06/10/09 Contract No. 6321-1 Page 39 of 116 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, conversioaand 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 06/10/09 Contract No. 6321-1 Page 40 of 116 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 06/10/09 Contract No. 6321-1 Page 41 of 116 Pages