HomeMy WebLinkAboutEconolite Traffic Engineering & Maintenance Inc; 2005-12-09; UPS-2RECORDED REQUESTED BY
ClTY OF CARLSBAD I
AND WHEN RECORDED PLEASE
MAIL TO:
DOC # 2009-0082439
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FEB 19,2009 3:40 PM
UFFIC'IAL RECORD!;
5P.F.l CllEGlI CDUNT'i' REMRCjER'S C~FF~CE
DAVID L. BIJTLER COCINTc,' FIECI:IR[)ER
FEES: O 00
PAGES: 1
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
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PARCEL NO: NIA
Carlsbad, ~alifornia-92008
NOTICE OF COMPLETION
' L5.j '
Notice is hereby given that:
Space above this line for Recorder's use.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on April 5, 2007.
The name of the contractor for such work or improvement is Econolite traffic Engineering and Maintenance,
Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as follows: Installation of 36 Traffic Signal Battery Backup
Systems, UPS - 2.
The street address of said property is various locations, Carlsbad, California 92008.
ClTY OF CARLSBAD A&
Greg Clavier
public Works Manager
VERIFICATION OF ClTY CLERK --.---- ---.---
1, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008;
the City Council of said City on /O , 20 09 , accepted the above described
work as completed and ordered that a Notice of completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on h, 20&, at Carlsbad, California.
AB #19,709
Resolution No. 2009-024
ClTY OF CARLSBAD
Word\Masters\Forms\Notice of Completion (City)
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
CLARY BATTERY BACKUP
AND AUXILARY CABINET
INSTALLATIONS
CONTRACT NO. UPS-2
PWSO5-28 STS
em p,# Revised 10/08/03 Cnntmct Nn I IPS-7
rc TABLE OF CONTENTS
Item Paqe
NOTICE INVITING BIDS .....................................................................................................................
.
CONTRACTORS PROPOSAL ........................................................................................................ 7 ..
BID SECURITY FORM ................................................................................................................... 1.1.
BIDDERS BOND TO ACCOMPANY PROPOSAL .......................................................................... 12
GUIDE FOR COMPLETING-THE “DESIGNATION OF SUBCONTRACTORS” FORM ................... 14
DESIGNATION OF SUBCONTRACTOR AND-AMOUNT OF SUBCONTRACTORS BID ITEMS .. 16
BIDDER’S STATEMENT OF FINANCIAL RESPONSlBlLl TY ......................................................... ~7
BIDDER’S STATEMENT OF-TECHNICAL ABILITY AND EXPERIENCE ........................................ ~8
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY.
EMPLOYERS’ LIABILITY. AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ........... 19
BIDDERS STATEMENT RE DEBARMENT ................................................................................... 20
NON-COLLUSION AFFIDAVIT ...................................................................................................... 23
CONTRACT .................................................................................................................................. .24.
c LABOR AND MATERIALS BOND .................................................................................................. 30
FAITHFUL PERFORMANCENVARRANTY BOND ......................................................................... 32
OPTIONAL-ESCROW AGREEMENT FOR-SECURITY .................................................................. 34
DEPOSITS IN LIEU OF RETENTION ..............................................................................................
SUPPLEMENTAL PROVISIONS TO-STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION ................................................................................................ 37
PART 1. GENERAL PROVISIONS ............................................................................................. 33
SECTION 1 ..TERMS. DEFINITIONS ABBREVIATIONS AND SYMBOLS ........................... 37
SECTION 2 .. SCOPE AND CONTROL OF THE WORK ...................................................... 39
SECTION 3 .. CHANGES IN WORK ..................................................................................... 42
SECTION 4 . CONTROL OF MATERIALS ............................................................................ A6
SECTION 5 .. UTILITIES ...................................................................................................... A8
SECTION 6 .. PROSECUTION. PROGRESSAND-ACCEPTANCE OF THE WORK ........... 48
SECTION 7 .. RESPONSIBILITIES OF THE CONTRACTOR .............................................. 50
SECTION 9 .. MEASUREMENT AND PAYMENT ............................................................... 56 ,-.
SCOPE OF WORK ........................................................................................................................ 58
e= t? Revised 10/08/03 Contract No . UPS-2 Page 2 of 59 Pages
/- CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on June 28, 2005, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Oficer, 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: purchase and installation of Clary battery
backup units and auxiliary anodized aluminum cabinets.
CONTRACT NO. UPS-2
CLARY BATTERY BACKUP AND AUXILARY CABINET INSTALLATIONS
This bid and the terms of the Contract Documents and Supplemental 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.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Public Works/Streets Department. The
specifications for the work include the Standard Specifications for Public Works Construction, 1997
Edition, and the 1998 and 1999 supplements thereto, all hereinafter designated “SSPWC” as issued
by the Southern California Chapter of the American Public Works Association and as amended by
the supplemental provisions sections of this contract. Reference is hereby made to the plans and
specifications for full particulars and description of the work.
/c The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarimtion where indicated are:
e= %# Revised 10/08/03 Contract No. UPS-2 Page 3 of 59 Pages
1. Contractor's Proposal
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and
Experience
/- 2. Bidder's Bond
8. Acknowledgement of Addendum(a)
9. 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
con tract.
10.Bidder' s Statement Re Debarment
11 .Bidder's Disclosure Of Discipline Record
12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$288,000
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law, Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: C-1 0.
c If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
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.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
em \# Revised 10/08/03 Contract No. UPS-2 Page 4 of 59 Pages
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
/--
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held. Bidders are advised to visit each site
prior to bidding.
All bids are to be computed on the basis ofthe given estimated quantities ofwork, 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 bya person authorimd to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
r
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:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
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 Supplemental
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.
F 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.
*- %# Revised 10/08/03 Contract No. UPS-2 Page 5 of 59 Pages
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-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
s"
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. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2005-102,
adopted on the gTH day of April, 2005.
r'
05-24-2005
Date
Publish Date: 05-27-2005
I'
eqi b Revised 10/08/03
L
Sheila R. Cobian, Deputy City Clerk
Contract No. UPS-2 Page 6 of 59 Pages
CITY OF CARLSBAD
CONTRACT NO. UPS-2
CLARY BATTERY BACKUP AND AUXILARY CABINET INSTALLATIONS
CONTRACTORS PROPOSAL
OPENED, WITNESSED AM9 RECORDED:
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008 DATE S~GNA~URE
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. UPS-2 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the
following unit prices for each item complete, to At:
Item
No.
1.
2.
3
Description
Clary SPlOOOSR - materials
only including 7.75% sales tax
Annodized aluminum auxiliary
cabinet, part #1 UPS2034-17
- materials only including
7.75% sales tax
Installation of Clary
SP1 OOOSR battery back up
system and anodized
aluminum auxiliary cabinet
mounted on the side of the
existing traffic signal cabinet
as mecified locations.
Approximate
Quantity
and Unit
36
36
36
Unit
Price
41 423O-”
Total
I+ I&, 572”-” v- ..
4 31,320”
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
33, i zo O2
hadhave been received and idare included in this
-~ ~~ ~ ~~~~ - ~~~~ ~ ~ ~ ~ ~~~~ ~ ~-- 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 ofthe Undersigned in preparing this bid.
*- %& Revised 10/08/03 .. .
Contract No. UPS-2 Page 7 of 59 Pages
-_ 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 lowst bidder and the bid securityof 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 BO~+)-Ia , classification c.- \o which expires on
, and that this statement is true and correct and has the legal effect of
an affidavit. 53\ -200 [ P
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 9 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 9 201 04.
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 br the
same work, and is in all respects fair and without collusion or fraud. L -
Accompanying this proposal is 3<b%On3
Cashier's Check) for ten percent (10%) ofthe amount bid.
(Cash, Certified Check, Bond or
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
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
-
em %# Revised 10/08/03 Contract No. UPS-2 Page 8 of 59 Pages
License Detail Page 1 of2
-
Contractor License # 80771 8
DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying
on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public
complaint disclosure, a link for complaint disclosure will appear below. Click on the link or
button to obtain complaint and/or legal action information.
Per B&P 7071.17, only construction related civil judgments reported to the CSLB are
disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the
Board's license data base.
Extract Date: 06/28/2005
* * * Business Information * * *
ECONOLITE TRAFFIC ENGINEERING & MAINTENANCE INC
P 0 BOX 6150
Business Phone Number: (714) 666-2295
ANAHEIM, CA 92816-0150
Entity: Corporation
Issue Date: 05/07/2002 Expire Date: 05/31/2006
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
jClasirDescripGiK'"i I
[cio /ELECTRICAL 1
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 63443 in the amount of
$10,000 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
-
I
http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 06/28/2005
License Detail Page 2 of 2
License Number Request Contractor Name Request
Effective Date: 01/01/2004
Contractor's Bondinu History
Personnel Name Request
BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual number
63444 for LEROY JAMES OGG JR in the amount of $7,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 03/26/2002
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 1603984 Effective Date: 04/01/2903 Expire Date: 04/01/2006
Workers Compensation History
Salesperson Request
Personnel listed on this license (current or disassociated) are listed on other licenses.
Personnel List Other Licenses
Salesperson Name Request
http://www2 .cslb.ca.gov/CSLB~LIBRARYiLicense+Detail.asp 06/28/2005
Personnel List Page 1 of 1
License Number Request
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 80771 8
Contractor Name Request Personnel Name Request
Click on the person's name to see a more detailed page of information on that person.
Salesperson Request
LEROY JAMES JR OGG RMO/CEO/PRES 05/07/2002 C10 More
Salespers-0-n N-ame-Request
C E O/P R E S I DENT 05/07/2 0 02 MICHAEL CARROLL
DOYLE
DAVID JOHN ST AMANT OFFICER 05/07/2002 05/28/2004
DONALD GENE PALMER OFFICER 05/07/2002
LINDA MARIE DOYLE OFFICER 05/28/2004
LESLIE JO CLEVELAND OFFICER 0512 8/2 0 04
http://www2.cslb.ca.gov/CSLB~LIBRARY/Personne1+List.asp?LicNum=8077 1 8 06/28/2005
c
.--
IF A PARTNERSHIP, SIGN HERE:
(1 ) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
City and State
(Street and Number)
(4) Zip Code Telephone No.
(5) E-Mail
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted &ow\;+ TYA-C -1 hfrn\k Y
-a tu re)
Impress Corporate Seal here
e
(3) Incorporated under the laws of the State of b\;h 'rc
(4) Place of Business A 3 L
\ City and State . - *&4 ,
(5) Zip Code 92% L#
(6) E-Mail zOaa&' , +~~pc\Dw\:-tp. toh
Telephone No. &\q, b (r b .
e% fw Revised 10/08/03 Contract No. UPS-2 Page 9 of 59 Pages
,-- CALIFORNIA
State of California
County of Orange
ALL-PURPOSE
} ss.
ACKNOWLEDGEMENT
On June 28, 2005 before me, Maraarita C. Ottosson, Notarv Public,
Mathis.,
personally appeared Rodney
[XI personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person(@ whose name@) isle
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/- authorized
capacity(&), and that by his/-
signaturw on the instrument the person(@, or
the entity upon behalf of which they person(@
acted, executed the instrument.
Capacity(ies) Claimed by Signer
Signer’s Name: 0 Individual [XI Corporate Officer - Title(s): 0 Partner- 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing:
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: None
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES
MUST BE A'ITACHED
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: -.
--
c_
fw Revised 10/08/03 Contract No. UPS-2 Page 10 of 59 Pages
NOT TRANSFERABLE
BUS. NUMBER
1221 338
,,r- DATE ISSUED 1 1/22/2005
SIC CODE 1731
OWNER FIRM OR
CORPORATION NAME
BUSINESS NAME
MAILING ADDRESS
CITY AND STATE
CITY OF CARLSBAD POST IN CONSPICUOUS PLACE
BUSINESS LOCATION
3360 E LA PALMA AVE
SIC DESCRIPTION
Electrical Work
ECONOLITE TRAFFIC ENGINEERING AND
ECONOLITE TRAFFIC ENGINEERING AND
RODNEY MATHIS
3360 E LA PALMA AVE
ANAHEIM, CA 92806-2814
EXPIRATION DATE
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
BUS. NO. 1221 338
DATE ISSUED
1 1 /22/2005
08.070SUB $60.00
BALANCE
TAXES PAID IN ACCORDANCE WITH CITY BUSINESSTAX ORDINANCE
CITY OF CARLSBAD
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. UPS-2
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. lhe proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable nord
(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 10/08/03 Contract No. UPS-2 Page 11 of 59 Pages
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
c_
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
ECONOLITE TRAFFIC ENGINEERING
& MAINTENANCE, INC.
3360 E. La Palma Avenue
Anaheim, CA 92806
as Principal, hereinafter called the Principal, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
801 N. Brand Blvd., Penthouse Suite
Glendale, CA 91203
a corporation duly organized under the laws of the State of MARYLAND
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
as Obligee, hereinafter called the Obligee, in the sum of
TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($lo%),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
-
WHEREAS, the Principal has submitted a bid for
Contract No. UPS-2 - Clary Battery Backup and Auxilary Cabinet Installations
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and sucn larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
-
AIA DOCUMENT A310 BID BOND AIA FEBRUARY 1970 ED THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006
ss. State of California 1 1 County of Oranne
7 Corporate Officer - Title(s): 7 Partner --- OLimited OGeneral 1 Attorney-in-Fact 1 Trustee 7 Guardian or Conservator 7 Other:
Signer is Representing:
On June 27,2005 , before me, BRAD L. SElTGAST. Notarv Public I
Personally appeared J.W. JOHNSON I
Date Name and Title of Ofker (e.g.. "Jane Doe. Notary PuMlc")
[XI personally known to me on
I
Place Notary Seal Above
to be the person@) whose name@) idare subscribed to the within instrument and
acknowledged to me that he/she executed the same in hislherltheir authorized capacity(ies), and that by his/her/their
signature@) on the instrument the person@), or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying 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:
3ocument Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: 7 lndivid
01997 National Notary Association 9350 Oesoto Ave.. P 0. Box 2402 Chatsworlh. CA 91313-2402
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By
side hereof and are hereby certified to be in full force and effect o
appoint J. W. JOHNSON, of Fullerton, California, its true and
execution of such bonds or undertakin
forth on the reverse
ake, execute, seal
behalf of J. W. Joh
Section 2, of the B
IN WITNESS
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of February,
A.D. 2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. E. Smith Assistant Secretary Puul C. Rogers Vice President
State of Maryland
City of Baltimore
On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President. and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and ofticers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said ofticers of the Company aforesaid,
and that the seal affixed to the preccding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed my Official Seal the day and year first above
written.
Satidru Lyiti Mnntiey Notary Public
My Commission Expires: January I, 2004
POA-F 01 2-41 52
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 27th day of June 2005 .
ZURICH .-
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting fiom acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct earned premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004, 10% of
direct earned premium in the prior year; and for 2005,15% of direct earned premium in the prior year. The federal
share of an insurance company's losses above its deductible is 90%. In the event the United States government
participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1.
2.
3.
4.
to be an act of terrorism;
to be a violent act or an act that is dangerous to human life, property or infrastructure;
to have resulted in damage within the United States, or outside of the United States in the case of an air
camer (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000. - These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
-0050749.doc
.+
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California 7
ss.
County of Orange
On June 28, 2005 before me, Marnarita C. Ottosson, Notarv Public, personally appeared Rodnev
Mathis.,
personally known to me 0 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/&eftbey executed
the same in his/k&bek authorized
capacity(&), and that by his/k#tbeif
signature@ on the instrument the person#, or
the entity upon behalf of which they personw
acted, executed the instrument.
Notary Public - California f
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: None
Capacity( ies) Claimed by Signer
Signer’s Name: 0 Individual
0 Partner-• Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Corporate Officer - Title(s):
Signer Is Representing:
Company Profile Page 1 of 2
Lompany Profile
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60196-1056
800-382-2150
Agent for Service of Process
ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA
9 1203
Uilableto Locate the Agent foLSeEicef Process?
Reference Information
NAIC #: 39306
NAIC Group #: 0212
California Company ID #: 2479-4
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: MARYLAND
January 01, 1982
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
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.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIFE
LIABILITY
MARINE
MISCELLANEOUS
http://cdinswww.insurance.ca.gov/pls/wu - coqrof/idb~cogrof~utl.get~coqrof?p~EID=62 1 7 06/2 8 /200 5
Companyp Profile Page 2 of 2
..-
.”--
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS’ COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - November 04,2004 1 1 : 18 AM
Copyright 0 California Department of Insurance
Disclaimer
http://cdinswww.insuance .ca.gov/pls/wu~coqrof/idb~cogrof_utl.get~co~ro~p~EID=62 1 7 06/28/2005
GUIDE FOR COMPLETINGTHE “DESIGNATION OF SUBCONTRACTORS”
FORM c
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook“) and in the Supplemental
Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor“, “Contract Price”,
“Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the
Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental 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
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part ofthe bid offer.
#
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to Drovide 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.
c- 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
Supplemental Provisions. The decision of the City Council shall be final.
ew ts Revised 10/08/03 Contract No. UPS-2 Page 14 of 59 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.
em %# Revised 10/08/03 Contract No. UPS-2 Page 15 of 59 Pages
c
DESIGNATION OF SUBCONTRACTOR ANDAMOUNT OF
SUBCONTRACTORS BID ITEMS
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
CONTRACT NO. UPS-2
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 ($lO,OOO), 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
Location of B
Subcontractor's License No.*
Page of pages of this Subcontractor Designation brm
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 ater the deadline fw submitting bids contained in the 'Notice Inviting Bids."
%# Revised 10/08/03 Contract No. UPS-2 Page 16 of 59 Pages
c
c
c
L
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. UPS-2
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cowr marked CONFIDENTIAL.
ern
Revised 10/08/03 Contract No. UPS-2 Page 17 of 59 Pages
I
nan%hc 1 Setting Standards for the Maintenance lndustry
28 June 2005
To Whom It May Concern:
Econolite Traffic Engineering and Maintenance, Inc. (TEAM E), is a wholly owned
subsidiary of Econolite Control Products Inc. (ECPI). ECPl has been in the business of
manufacturing traffic control devices since 1933, and has maintained the same place of
business since 1975. ECPl is a privately held corporation, and as such, does not
divulge its financial information. If TEAM E is the successful bidder on this project, ECPl
will give references that will assure the City of Carlsbad regarding the financial stability
of the company.
r- Respectfully submitted,
ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC.
3360 E. La Palma Ave. 0 Anaheim, CA 92806-2856
Office: 714-666-2295 0 Fax: 714-630-51 20 0 www.teamecono1ite.com
Lic No. 807718. C-10
c
c- L
-
BIDDER'S STATEMENT OFTECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. UPS-2
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
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 hidher responsibility, experience and skill. An attachment can be used.
Date
Contract
Completed
I- 04
of Person to Contra
&Am cp q2-376
e% b Revised 10/08/03 Contract No. UPS-2 Page 18 of 59 Pages
BIDDERS CERTIFICATE OF INSURANCE FORGENERAL LIABILITY,
EM PLOY ERS’ LIABILITY, AUTOMOTIVE LIABI LlN AND WORKERS’
COMPENSATION
(To Accompany Proposal)
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
CONTRACT NO. UPS-2
As a required part of the Bidder’s proposal the Bidder must attach either ofthe following to this page.
1) Certificates of insurance showing conformance with the requirements herein br 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 andlor 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.
/c All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental 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. The auto insurance certificate
must state the cowrage is for “any auto” and cannot be limited in any manner.
em %# Revised 10/08/03 Contract No. UPS-2 Page 19 of 59 Pages
:;AcoRDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MWDWYY)
08/24/05
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
f
ArmstronglRobitaille Bus&lnsSv
5- Y. Brand Blvd., 10th Floor
L .dale, CA 91203
818 662-4200
INSURED
Econolite Traffic Engineering
>OVERAGES
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
__,
I INSURERA: Chubb-Federal Insurance Co.
INSURER B: American Guarantee & Liability Ins
INSURER C:
INSURER D:
INSURER E: 1
2 I
& Maintenance, Inc
3360 E. La Palma Avenue
Anaheim, CA 92806
I
GARAGE LIABILITY
ANY AUTO
'OLICY EFFECTIVE DATE (MWDDNY) LIMITS POLICY EXPIRATION DATE (MMIDDNY) TYPE OF INSURANCE SR TR
CLAIMS MADE OCCUR
POLICY /xi JpERcq: Loc
4 ' AUTOMOBILE LIABILITY x ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS J Y NON-OWNED AUTOS
x HIREDAUTOS
04/27/05
POLICY NUMBER
35818716
7321 5072
04/27/06 EACH OCCURRENCE
FIRE DAMASE (~ny ~- mefire'l
MED EXP (hy one person)
PERSONALB ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMPIOP AGG
~1,000,000
.$I ,000,000
$1 0,000
~1,000,000
$2,000,000
$2,000,000
04/27/05
AUTO ONLY - EA ACCIDENT
COMBINED SINGLE LIMIT $1 ,ooo,ooo 04/27/06
(Ea accident)
$
I
AGG AUTO ONLY:
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
B EXCESS LIABILITY
~ x OCCUR 0 CLAIMSMADE
DEDUCTIBLE 4 RETENTION $
$
WORKERS COMPENSATION AND EMPLOYERS LIABILITY
' OTHER
PROPERTY DAMAGE (Per accident)
AUC534614100
--
EACHOCCURRENCE
AGGREGATE
l$2,000,000
$2,000,000
04/27/05 104/27/06
' WC STATU- IOTH- R
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE POLICY LIMIT
$
$
$
$
$
$
I I
WSPECIAL PROVISIONS
-or additional insured wording, see form 80-02-2305 (Rev 4-01),
for primary wording and waiver of subrogation, see form
30-02-2000 (Rev 4-01); all are attached and a part of policy 35818716.
:See Attached Descriptions)
CERTIFICATE HOLDER I I ADDm0NALINSURED;INSURER LETTER: ~ CANCELLATION
rc-
City of Carlsbad
Attn: Kevin Davis, Buyer
1635 Faraday Avenue
Carlsbad, CA 92008-7314
I
ACORD 25-5 (7/97) 1 of 3 #S282743/M1 53669
SHOULD ANYOFTHE ABOVEDESCRIBED WLCIESBECANCELLED BEFORETHEEXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL -MAIL 30 DAYS WRllTEN
NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, P
-.
AUTHORIZED REPRESENTqTIVE
HSWJ o ACORD CORPORATION 198
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
The Certificate of Insurance on the reverse side of this form 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.
WORD 25-S (7/97)2 Of 3 #S2 82 743 /M153 669
DESCRIPTIONS (Continued from Page 1)
p? Cary Battery Backup and Auxilary Cabinet installations, Project No.
-2, various intersections within the City. The City of Carlsbad, its
Sicials, employees and volunteers are named as additional insured.
4MS 25.3 (07/97) 3 of 3 #S282743/M153669
Liability Insurance
Endorsement
Poky Period
Effective Die
Poljcy Number
tnsured
Name of Company
Date issued
April 27, 2005 to April 27,2006
August 24,2005
358 I -87- 1 (NBO
ECONOLITE TRAFFIC ENGINEERING &
MAINTENANCE, INC.
FEDERAL INSURANCECOMPANY
,-
Under Who Is An Insured, the followingprovisionis added:
Who fS An Insured
Owners, LesseesOr Can tractors
Any person or organizationdesigiiatedbelow is an insured; but they are insuredsonly with respect
to their liability as ownet, lessee or contractor arising out of your ongoing opwationsperformed for
that insured
Lkibility Insurance Additional Insured - Owners, Lessees Or Contractors confinued
Form 80-02-23E(Rev. 4-01) Endorsement Page 1
-
Who Is An Insured
Owners. LesseesOr
(continued)
Designated Owners, lsssees Or Conrractors
Contractors
City of Carlsbad
All other tms and eonditionsremain unchanged.
Authorized Representative
0
Liability tnsurance last page
Form 80-02-2305('Rev. &Of) Endorsement Page 2
Additional Insured - Owners, Lessees Or Contractors
Econolite Control Products, Inc.
Econolite Trafffic Engineering &
Maintenance, Inc. California Chassis, Inc. Policy #35818716 04/27/05 to 04/27/06
c
Conditions
Duties In The Event Of Occurrence, Offense, Claim Or Suit
(continued)
LegalAction Against Us
Other Insurance
F. Knowledge of an occurrence or offense by an agent or employee of the insured will not
constituteknowledge by the insured unless an officer (whether or not an employee) of any
insured or an officer’sdaignec knows about such occurrence or offense.
G. Failure of an agent or employee of the insured, other than an oMicer (whether or not an
employee) of any insured or an ofbr’sdesignee, to notify us of an occurrence or offense
that such personknows about will not affect the insurance afforded to you.
If a claim or loss does not reasonably appear to involve this insurance, but it later develops
into a c;laim or loss to which this insurance applies, the failure to reporl it to us will not
violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss.
H.
No person or organization has a right under this insuranceto:
.
.
join us as a pmy or otherwise bring us into a suit seeking damages from an insures or
sue us on this insurance unless all of the terms and conditions of this insurance have been
fully complied with.
A person or organizationmay sue us to recover on an agreed settlement or on a final judgment
against an iasared obtained after an actual:
. trial in a civil proceeding; or
+ arbitration or other alternative dispute resolution proceeding;
but we will not be liable for damages that are not payable under the terms and conditions of this
insurance or that are in excess of the applicable Limits Of Insurance.
I
cover under this insurance, our obligations are limited as Follows.
Primary lnsumnce
This insurance is primary except when the Excess Insurance provision described below applies.
If this insurance is primary, our obligations are not affected unless any of the other insurance is also
primary. Then, wc will share with all that other insurance by the method described in the Method of
Sharing provision described below.
Excess Insurance
‘l’his insurance is excess over any other insurance, whether primary, excess, contingent or on any
other basis:
A. that is Fire, ExtendedCoverap, Builder’sRisk, InstallationRisk or similar insurance far
your work;
that is insurance that applies10 property damage to premisesrented to you or temporarily
occupied by you with permissionof the owicr;
if the loss arises out of aircraft, autos or watercraft (to the extent not subject to thc Aircraft,
Autos Or Watercrn A exclusion);
B.
C.
Liability Insurance
form 80-02-200q‘Rev. 4-01) Confract Page 22 of32
Conditions
Other Insurance
(continued)
General Liability Econolite Control Products, Inc.
Econolite Trafffic Engineering & Maintenance, Inc. California Chassis, Inc. Policy #35818716
04/27/05 to 04/27/06
D. lliai is insurance:
1. provided to you by any person or organization working under contract or agreement
for you; or
2. under which you are included as an insured; or
that is insuranceunder any Property section ofthis policy. E.
When this insurance is excess, we will have no duty to defend the insured against any suit if any
other insurer has a duty to defend such insured against such suit. If no other insurer defends, we
will undertaketo do so, but we will be entitled to the insured'srightsagainst all those other
insurers.
When this insurancc is cxccss over athcr inmaice, we will pay only our sharc of the amount of
10s~. if any, that exceeds the stun of the total:
amount that all other insurance would pdy for loss in the absence of this insurance; and
of all deductible and self- insuredmounts under all other insurance. *
We will share the remaining loss, if any, with any other insurancethat is not described in this
Excess Insurance provision and was not negotiatod specifically to apply in excess of the LimitsOf
Insurance shown in the Declarations ofthis insurance.
Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurercontributesequal amounts until it has paid its applicablelimits of
insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution hy equal shares, we will contribute by
limits. IJnder this method, cach insurer'sshme is based on the ratio of its applicable limits of
insurance to the total applicable limits of insurance of all insurers.
Premium Audit Wc will computc all prcmiums for this insurmcc in accordancc with our rules and ratcs.
In accordance with the Estimdted Premiumswtion of the Premium Summary,premiumsshown
with an asterisk(*) are estimatedpremiumsand are subject to audit.
In addition or in lieu of such designation in the Premium Summary, premiums may be designated as estimated premiums elsewhere in this policy. In that case, these premiums wiII also be subject to
audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will
WPlY.
SeparationOf Insureds Except witli respect to the LimitsOTInsurance, aid any rights or duties specifically assigned in this
insurance Lo ate first named insure4 this insurance applies:
.
.
as if'eaeh named insured wexe the only named insured; and
separately to each insured against whom claim is made or suit is brought.
LiabMy lflsurance
Form 80-02-2OWRev. 44iJ Contract Page 23 of 32
Econolite Control Products, Inc.
Econolite Trafffic Engineering & Maintenance, Inc. California Chassis, Inc. Policy #35818716
04/27/05 to 04/27/06
Conditions
(con tin ued)
Transferor Waiver Of
Rights Of Recovery Against Others
We will waive the right of recovery we would otherwise have had against mother person or organization, for loss to which this inswanceapplies, provided the insured has waived their rights
of recovery against such person or organization in a contract or agreement that is executed before
such loss.
To the extent that the inaured’srights to recover all or part of any paymentmade under this
insurance have no2 been waived, those rights are transferred to us. The insured must do nothing
aAer loss to impair them. At our request, the insured will bring suit or transfer those rights to us
and kelp us enforce them.
Thiscondition doesnot apply to medicalexpenses
LiabiNy Insurance
Form 80-02-2001yRev. 4-07) Confmcf Page 24 of 32
c STATE COMPENSATION INSURANCE FUND
CERTHOLDER COPY
P.O. BOX 420807, SAN FRANCISC0,CA 94 142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 08-24-2005
CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD CA 92008-7314
GROUP:
CERTIFICATE ID 163
CERTIFICATE EXPIRES: 04-01 -2006
04-01-2005/04-01-2006
POLICY NUMBER i 603984 -2005
SP
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such policy.
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,OOO,OOO PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
SP .-,- ' ECONOLITE CONTROL PRODUCTS INC AND/OR
ECONOLITE TRAFFIC ENGINEERING & MAINT.INC
3360 E LA PALMA AVE ANAHEIM CA 92806
(REV.2-05)
[B17,SP] PRINTED : 08-24-2005
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. UPS2
CLARY BATTERY BACK UP AND AUXltARY CABINET INSTALLATIONS
Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another iurisdiction in the State of California? x
no
If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than tv\o debarments.
c party debarred party debarred
agency agency .-.
period of debarment period of debarment -
c
c
BY CONTRACTOR:
Ebm \i+-bW' h@.fJA ,h Q h khwk
(name of Contracted .-
By:
ew
Revised 10/08/03
Page 1 of ! pages of this Re Debarment form
Contract No. UPS-2 Page 20 of 59 Pages
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. UPS2
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
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?
- 2) Has the suspension or remcation of your contractors license ever been stayed?
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 hthin an eight year period? - -
4) Has the suspension o
perform any portion oft
of the license of any subcontractor’s that you propose to
been stayed?
nd‘
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to prowde full disclosure.)
Page \ of 1 pages of this Disclosure of Discipline form -
4- ts Revised 10/08/03 Contract No. UPS-2 Page 27 of 59 Pages
y
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. UPS2
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
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 violatibn and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to prodde full disclosure.)
BY CONTRACTOR:
By:
(sign here)
Page 1 of I pages of this Disclosure of Discipline form
*% b Revised 10/08/03 Contract No. UPS-2 Page 22 of 59 Pages
c
_L
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. UPS-2
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
State of California 1
U neM h4-h ‘5 , being first duly sworn, deposes (Name of Bidder)
SA\APfiT F and says that he or she is (Title)
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 7,&* day of Tw 4- ,20 in.
Subscribed and sworn to before me on the J& dayof TWfU ~ ,206.
(NOTARY SEAL)
Signature of Nbtaty
em %# Revised 10/08/03 Contract No. UPS-2 Page 23 of 59 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this day of ,2e,
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and whose principal place of
business is 3360 E. LA PALMA AVENUE, ANAHEIM CA 92806-2856 (hereinafter
ca I led "Contractor").
ECONOLITE TRAFFIC ENGINEERING & MAINTENANCE, INC.
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
CLARY BAlTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
c Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental 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 Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto,
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on the last working
day of each month.
+ 5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
h$ Revised 10/08/03 Contract No. UPS-2 Page 24 of 59 Pages
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.
-c r.
6. Hazardous Waste or Other Unusual Conditions. If the contract inmlves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, noti* City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance vith 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. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
rr# Revised 10/08/03 Contract No. UPS-2 Page 25 of 59 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
.--
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
-
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1 ,QOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(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 bllowing 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
/--
e- %# Revised 10/08/03 Contract No. UPS-2 Page 26 of 59 Pages
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.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given 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-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
c
em \# Revised 10/08/03 Contract No. UPS-2 Page 27 of 59 Pages
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(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.
c
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recow its litigation costs, including attorneys 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 br 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 Blse 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 subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
ment is San Diego County,
init +-* init
resolution of any disputes between the parties arising out of this
California.
I have read and understand all provisions of Section 11 abo
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
-
e* ts Revised 10/08/03 Contract No. UPS-2 Page 28 of 59 Pages
15. Provisions Required by Law Deemed inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. 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
ATTACH ED
(CORPORATE SEAL) /-
CONTRACTOR:
t A 'v7 -- --
C' 1 c-. (name of Contractor)
By:
:A & * \e4 M@J ,{ \. c7 - t'\yC3\~Q;lc,.~
[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 empowring that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: ), t ,, *p. 7fT " Deputy City Attornek
em %# Revised 10/08/03 Contract No. UPS-2 Page 29 of 59 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California 7 1 ss.
County of Orange
On Auaust 29, 2005 before me, Brenda Leto. Notarv Public, personally appeared Rodney Mathis.
IxI personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person@) whose namefs) is/afe
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/- authorized
capacityw, and that by hished#eif
signature) on the instrument the person@), or
the entity upon behalf of which they person@)
acted, executed the instrument.
__-______-_I___Y_.._______y________u____------ Op TlONAL _____ - _____ ______ ____ ____ --
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
Signer’s Name: I 0 Individual
Corporate Officer - Title(s) 0 Partner- 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing: Econolite Traffic Enaineerina & Maintenance I
On August 29, 2005 before me, Brenda Leto, Notary Public, personally appeared Leslie
Cleveland.
personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the persono whose name(+) ishe
subscribed to the within instrument and .. acknowledged to me that he/sbekbey executed
the same in hislhedtbek authorized
capacity-, and that by his-
signature) on the instrument the person@), or
the entity upon behalf of which they person@)
acted, executed the instrument.
S my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: [XI Individual 0 Corporate Officer - Title(s) 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing: Econolite Traffic Engineering & Maintenance u
BOND NUMBER: 08773199
PREMILJM: Included in
Performance Bond Premium
LABOR AND MATERIALS BOND
WHEREAS. the Citv Council of the Citv of Carlsbad, State of California, by Resolution No. 2005-256, adopted AUGUSTPIG, 2005 , has awarded to
ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. (hereinafter
designated as the "Principal"), a Contract br:
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
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, ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC., as
Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY
OF MARYLAND as Surety, are held firmly bound unto the City of Carlsbad
in the sum of TWO HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWENTY Dollars
($213,120), 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.
/c
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hislher 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 thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
r
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.
e- \# Revised 10/08/03 Contract No. UPS-2 Page 30 of 59 Pages
Executed by CONTRACTOR this 8- Executed by SURETY this 23rd day 7
day of fiucp& ,20l!5.
CONTRACTOR:
G+e
(name of Contractor) /
(sign here) - neu M_atth~ 1 (print name here)
ri?s\cJW.. . (title and organization of signatory)
of August ,2005.
SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
801 N. Brand Blvd., Penthouse Suite
Glendale, CA 912Q3
(name of Surety)
(apr$+ of Surety)
By: J.W. Johnson
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power tesh ClW&!&&b
(print name here) of attorney)
Ad 5wt~trq
(title and organizdion of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) r
(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:
Depzy'City Attorney \
4- h$ Revised 10/08/03 Contract No. UPS-2 Page 31 of 59 Pages
On Auclust 29, 2005 before me, Brenda Leto, Notary Public, personally appeared Rodnev Mathis.
personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the personw whose name@) is/w
subscribed to the within instrument and
acknowledged to me that he/sbefhey executed
the same in his/- authorized
capacity@sj, and that by his-
signature@) on the instrument the person@), or
the entity upon behalf of which they person@)
acted, executed the instrument.
Description of Attached Document
Title or Type of Document: Labor and Materials Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: 0 Individual a Corporate Officer - Title(s) 0 Partner- 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing: Econolite Traffic Engineering & Maintenance I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
On November 14, 2005 before me, Brenda Leto, Notary Public, personally appeared Leslie
Cleveland.
IXI personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person@ whose name&) islare
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/tm%t+w authorized
capacity+@, and that by his-
signature@) on the instrument the person@), or
the entity upon behalf of which they person@)
acted, executed the instrument.
mESS my hand,and official seal.
Description of Attached Document
Title or Type of Document: Labor & Materials Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: 0 Individual IXI Corporate Officer - Title(s) 0 Partner-• Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing: Econolite Traffic Enaineerina & Maintenance
GMENT
ss. State of California 1 1 County of Oranae
On Ausust 23,2005 , before me, BRAD L. SETTGAST, Notarv Public I
Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public")
Personally appeared J.W. JOHNSON ,
[XI personally known to me on
Place Notary Seal Above
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshe executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Thouoh the information below IS not rewired bv law. /t mav Drove valuable to oersons relvrno on the document - and could prevent frauduleni removal and reatkchment of this form to anothe; dckment
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
01997 National Notary Association 9350 Desoto Ave.. P.O. Box 2402 Chatsworlh, CA 91313-2402
,- Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MAR-, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant SemW, in
side hereof and are hereby certified to be in full force and effect on the
appoint J. W. JOHNSON, of Fullerton, Californ
and deliver, for, and on its behalf as surety, and as
ct set forth on the reverse side hereof is a true copy of ale
Vice-president and Assistant Secretary have hereunto subscribed their names and
affied the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of Febm, A.D. 2003.
/L T. E. Smith Assistant Secretary Paul C. Rogers
State of Maryland ss:
On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, MY
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary ofthe
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and Officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforemid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affxed my Official Seal the day and year first above
written.
City of Baltimore 1
Sandra Lynn Mooney Notary Public
My Commission Expires: January I, 2004
POA-F 012-4152
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Coefiee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, Or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby Certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-bws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution ofthe
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore Or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed.“
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 23rd day of August , 2005 .
Assistant Secretary
ZURICH
- THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct earned premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004, 10% of
direct earned premium in the prior year; and for 2005,15% of direct earned premium in the prior year. The federal
share of an insurance company's losses above its deductible is 90%. In the event the United States government
participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in any one calendar year.
--
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 401 02 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
I
Copyright Zurich American Insurance Company 2003
BOND NUMBER: 08773199
PREMIUM: $3,197.00
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-256,
adopted AUGUST16,2005 , has awarded to
ECONOLllE TRAFFIC ENGINEERING AND MAINTENANCE, INC. (hereinafter
designated as the "Principal"), a Contract br:
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
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, ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC., as
Principal, (hereinafler designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY
as Surety, are held firmly bound unto the City of Carlsbad
in the sum of TWO HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWENTY Dollars
($213,120), 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.
OF MARYLAND
,-
/,
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 therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
/-
e= %# Revised 10/08/03 Contract No. UPS-2 Page 32 of 59 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. rc.
Executed by CONTRACTOR this 024 * Executed by SURETY this 23rd day of
August ,2005
CONTRACTOR: SURETY:
EUk-. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(name of Contractor) (name of Surety)
801 N. Brand Blvd., Penthouse Suite
(address of Surety)
By: Glendale, CA 91203
Ire5.dehk
(Title and Organization of Signatory)
By: J.W. Johnson c (printed name of Attorney-in-Fact)
I (sign here)
(print name here)
(Title and Organidtion of signatory)
Le&!& t,/uu (Attach corporate resolution showing current
power of attorney.)
fkd iz?f2-iiforu
(Proper notarial acknowiedgment 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 empowring that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney1
4- %# Revised 10/08/03 Contract No. UPS-:! Page 33 of 59 Pages
NT
State of California 1
County of Oranne
1 ss .
On Auqust 23,2005 , before me, BRAD L. SETTGAST, Notarv Public I
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Personally appeared J.W. JOHNSON I
personally known to me on
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person@) acted, executed the instrument.
Place Notary Seal Above
0
Though the information below is not required by and could prevent fraudulent removal
Description of Attached Document
Title or Type of Document:
3ocument Date: Number of Pages:
Signer@) Other Than Named Above:
7 Corporate Officer - Title(s): 7 Partner --- OLimited OGeneral 7 Attorney-in-Fact 1 Trustee 7 Guardian or Conservator 7 Other:
Signer is Representing: u
01997 National Notary Association 9350 Desoto Ave.. P.O. Box2402 Chatsworlh. CA 91313-2402
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
.A 5
On August 29. 2005 before me, Brenda Leto, Notary Public, personally appeared Rodnev Mathis.
[XI personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the persono whose name@) is/afe
subscribed to the within instrument and
acknowledged to me that he/&ef#ey executed
the same in his/tw#bek authorized
capacity@+, and that by his-
signature) on the instrument the person@), or
the entity upon behalf of which they person@)
acted, executed the instrument.
-SS my hand and official seal.
--___________--_-_-----_------------------------ Op TIONAL------------------------------------------------
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 Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: I 0 Individual
Corporate Officer - Title(s) 0 Partner- 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing: Econolite Traffic Endneering & Maintenance u
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California } ss.
County of Orange
On November 14, 2005 before me, Brenda Leto, Notarv Public, personally appeared Leslie
Cleveland.
personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person0 whose name0 islafe
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/- authorized
capacity(@, and that by hislkclrl(halr
signature@) on the instrument the person@), or
the entity upon behalf of which they person@)
acted, executed the instrument.
/uWlV€jSS my hand and official seal.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: 0 Individual
Corporate Officer - Title(s) 0 Partner - 0 Limited 0 General 0 Attorney in Fact
Trustee 0 Guardian or Conservator c] Other:
Signer Is Representing: Econolite Traffic Enaineerina & Maintenance
OPTIONAL ESCROW AGREEMENT FORSECURIN 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 Driw, 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 EscrowAgent 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
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the Contractor, the Cityshall 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.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
,?
e- %# Revised 10/08/03 Contract No. UPS-2 Page 34 of 59 Pages
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 nithdrawn 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 bythe 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 paynents of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
IO. 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:
c-
For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name
Signature
Add ress
Title
Name
Signature
Address
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.
4- %# Revised 10/08/03 Contract No. UPS-2 Page 35 of 59 Pages
rc
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
em %# Revised 10/08/03 Contract No. UPS-2 Page 36 of 59 Pages
,-
SUPPLEMENTAL PROVISIONS
FOR
CLARY BATTERY BACK UP AND AUXILARY CABINET INSTALLATIONS
CONTRACT NO. UPS-2
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or
words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated othem'se.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
-
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such wrds are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractog at its expense,
shall perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing
of necessary labor, materials, tools, equipment, and transpolation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
-
ts Revised 10/08/03 Contract No. UPS-2 Page 37 of 59 Pages
City Manager - the City Manager of the City of Carlsbad or hidher approwd representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
r
Engineer - the Public Works Director of the City of Carlsbad or hidher approwd representative. The
Engineer is the third lewl of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section
2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses
to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is
not part of the Contractor’s Own Organization and will not be included for the purpose of compliance
with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility
c Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Public Works Director of the City of Carlsbad or hislher approved
representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the bllowing:
Abbreviation Word or Words
Apts ........................................ Aprtment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Mnicipal Water District CSSD ..................................... Carlsbad Supplemerd-81 Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm.. ................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Eible
.c
em. tS Revised 10/08/03 Contract No. UPS-2 Page 38 of 59 Pages
gpm ......................................... allons per minute
IE ............................................ Inert Elevation
LCWD .................................... .Leucadia Countwater District
MSL ........................................ Man Sea Level (see Regional Standard Drawing M-12)
MTBM .................................... .krotunneling Boring Machine
NCTD ..................................... North CountyTransit Distrct
OHE ........................................ Osrhead Electric
OMW D ................................... Olienhain Municipal Water District
ROW ...................................... Right-May
S ............................................. Sew or Slope, as applicable
SDNR .................................... .San Diego Northern Railwy
SDRSD ................................. ..San Diego Regional &ndard Drawing
SFM ........................................ Sew Force Main
T ............................................ .Ziephone
UE .......................................... Underground Electric
W ............................................ Witer, Wider or Width, as applicable
WD ...................................... .\elllecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent ofthe value
of the work performed in excess of 50 percent of the contract price by other than the Contractor’s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (IO) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
-
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest wrsion of U.S. Department of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ancelwarranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the proisions of this section.
rc The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
Revised 10/08/03 Contract No. UPS-2 Page 39 of 59 Pages
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid. -
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing vithin the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements
thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative
Committee of the Southern California Chapter American Public Works Association and Southern
California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
There are no construction plans for this project. Construction is to be performed in accordance with
industry standards and best practices. The standard drawings used for this project are the latest
edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued
by the San Diego County Department of Public Works, together with the most recent editions of the
City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by
the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter
designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the
pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions.
c_
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be the
most recent edition of the following documents listed in order of highest to lowest precedence:
I) Permits from other agencies as may be required by law. 2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San DiegoArea Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
7) Manufacturer's Installation Recommendations. -
4- \# Revised 10/08/03 Contract No. UPS-2 Page 40 of 59 Pages
I
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-52 Precedence of Contract Documents, add the following: Where CALTRANS specifications
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of
precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all
other matters.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted br review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documenis.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
c
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion of
the work. Payment for performing the work required by section 2-5.4 shall be included in the various
bid items and no additional payment will be made therefor. -
4- \@ Revised 10/08/03 Contract No. UPS-2 Page 41 of 59 Pages
2-10 AUTHORITY OF BOARD AND ENGINEER. -
Add the following section:
2-1 0.1 Availability of Records, ’The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor‘s or subcontractor’s possession pertaining to the work that the Engineer
may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. he Engineer
shall have the right to monitor, assess, and ewluate Contractor’s and its subcontractors perbrmance
pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be
limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit
price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace ah the following:
4- %$ Revised 10/08/03 Contract No. UPS-2 Page 42 of 59 Pages
(a) shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Work by Contractor. The following percentages shall be added to the Contractor’s costs and
rc
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra
work will not be made until such time that the Contractor submits completed daily reports and all
supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time
Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written
notice of potential claim for changed conditions to the agency upon their discovery and before they
are disturbed shall constitute a waiver of all claims in connection therewith.
-
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California Fake Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order fbr it to be further considered.”
e= %# Revised 10/08/03 Contract No. UPS-2 Page 43 of 59 Pages
c By: Title:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptlytaken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolw all disputes informally through the following dispute resolution chain of command: - 1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor‘s report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
Manager after which the Contractor may proceed under the proLisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
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ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less vhich arise between a contractor and a local agency
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter I of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the pyment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
201 04.2. For any claim subject to this article, the bllowing requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as hrther documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional inbrmation, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
c
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em %# Revised 10/08/03 ' Contract No. UPS-2 Page 45 of 59 Pages
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorneys fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access
to any and all parts of work at any time. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewtering and all elements pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
c-
4- %# Revised 10/08/03 Contract No. UPS-2 Page 46 of 59 Pages
as may be necessary to keep the Engineer fully informed regarding progress and manner of work
and character of, materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the wrk shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor‘s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is
determined to be unsatisfactory in performance, appearance, durability compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the
substituted item and replace it ith the originally specified item at no cost to theAgency.
-
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material@) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at anytime during the Work.
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,I- SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor's convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS ANDACCEPTANCE OF THE
WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 5 calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set
the time and location for the Preconstruction Meeting. Attendance of the Contractor's management
personnel responsible for the management, administration, and execution of the project is mandatory
for the meeting to be conwned. Failure of the Contractor to haw the Contractor's responsible project
personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-
4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to
proceed will only be issued on or after the completion ofthe preconstruction meeting.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor's preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor. rc
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6-2 PROSECUTION OF WORK.
.- 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes purchase and installation of
Clary SPIOOOSR battery back up units and anodized aluminum cabinets mounted on the side of the
existing traffic signal controller cabinet at specified locations. Except where specifically requested by
the Public Works Director or appointed designee, Contractor is not required to place said units in any
particular order.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice@) required by this section the Contractor
agrees that no delay has occurred and that it vcill not submit any claim(s) therefor.
0--- 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within working days after the starting date specified in the Notice to Proceed
and upon receipt of the materials.
20
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work. The Engineer may approve
work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of work
being performed within the dates, areas and/or tpes of work prohibited in this section.
Contractor is hereby advised that the Engineer is not expecting to require after hours and weekend
work for this project.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The
Engineer will not accept the Work or any portion of the Work before all of the Work is completed and
all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is
satisfied that all the materials and workmanship, and all other features of the Work, meet the
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or
portions of, the Work does not constitute acceptance of the Work. If, in the Engineer‘s judgment, the
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4- a# Revised 10/08/03 Contract No. UPS-2 Page 49 of 59 Pages
_- Work has been completed and is ready for acceptance the Engineer will so certify to the Board.
Upon such certification by the Engineer the Board may accept the completed Work. Upon the
Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the
office of the San Diego County Recorder. The date of recordation shall be the date of completion of
the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of fifty dollars ($50) per intersection per daythat remains uncompleted.
Execution of the Contract shall constitute agreement by the Agency and Contractor that the sum of
fifty dollars ($50) per intersection per day is the minimum value of costs and actual damages caused
by the Contractor to complete the Work within the allotted time. Any progress payments made after
the specified completion date shall not constitute a wiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
com pensa t ion wi I I be a I lowed there for.
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em a# Revised 10/08/03 Contract No. UPS-2 Page 50 of 59 Pages
Add the following section:
7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix
‘A of these supplemental provisions Resource agency permits pertaining to this project include:
1) California Coastal Commission permit number N
2) California Department of Fish and Game permit num
3) California Water Quality Control Board permit number
4) United States Army Corps of Engrneers permit number
5) United States Fish and Wildlife Service permit number
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall
also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control Shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all
requirements of the storm water pollution and moni project in accordance
with the California State Water Resources Con
General Permit number CAS000002 and the “Wat
Water Runoff Associated with Construction Activity”
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use or1 the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the follclwing: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
ern tp Revised 10/08/03 Contract No. ups-? Page 51 of 59 Pages
.-
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the afected street
or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for approval.
Notices shall not be distributed until approced by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
-
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) The Engineer ...................................................................................... (760) 434-2980
2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 434-2937
5) North County Transit District .............................................................. (760) 743-9346
6) Coast Waste Management ................................................................ (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
3) Carlsbad Police Department Dispatch ............................................... (760) 931-21 97
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, the Manual on Uniform Traffic Control Devices (MUTCD) 2003
Edition as amended by the MUTCD 2003 California Supdement and these Supplemental
Provisions. If any component in the traffic control system is damaged, displaced, or ceases to
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e= \$ Revised 10/08/03 Contract No. UPS-2 Page 52 of 59 Pages
operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and shall
restore the component to its original location. In the event that the Contractor fails to install and/or
maintain barricades or such other traffic signs, markings, delineation or devices as may be required
herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or
devices aqd charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the
actual cost of providing such traffic control facility, whichever is the greater.
L
Add the following section:
7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 21 0-1.6for materials and section 31 0-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the traveling public during non-working hours. During the hours of darkness, as defined in Division I,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic
cones rather than post-type delineators are used during the hours of darkness, they shall be affixed
or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except
the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall not be
parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
t
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’), nor
operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the
minimum acceptable shy distance of 0.6 m (2’) shall be measured from the closest approach of any
part of the equipment as it is operated and/or maneuvered in performing the work. This requirement
may be waived when the Engineer has given written authorization to the reduction in clearance that
is specific to the time, duration and location of such waiver, when such reduction is shown on the
traffic control plans included in these contract documents, when such reduction is shown on the
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em ts Revised 10/08/03 Contract No. UPS-2 Page 53 of 59 Pages
c
traffic control plans prepared by the Contractor and approved by the Engineer or for the work of
installing, maintaining and removing traffic control devices. As a condition of such waiver the
Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent
traffic lane, close the adjacent traffic lane or provide barriers.
During the entire construction, a minimum of one paved traffic lane, not less than 3.6m (12') wide,
shall be open for use by public traffic in each direction of travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic
lanes or pedestrian walkways in accordance with the details shown on the plans, Manual on
Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003
California Supplement and provisions under "Maintaining Traffic" elsewhere in these Supplemental
Provisions. The provisions in this section will not relieve the Contractor from its responsibility to
provide such additional devices or take such measures as may be necessary to maintain public
safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer's written approval of said plan.
I
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Manual on
Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003
California Supplement. Whenever the work causes obliteration of pavement delineation,
temporary or permanent pavement delineation shall be in place prior to opening the traveled way to
public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled
ways open to public traffic. All work necessary, including any required lines or marks, to establish the
alignment of temporary pavement delineation shall be performed by the Contractor. When temporary
pavement delineation is removed, all lines and marks used to establish the alignment of the
temporary pavement delineation shall be remowd by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
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em ts Revised 10/08/03 Contract No. UPS-2 Page 54 of 59 Pages
of the temporary pavement delineation shall be remowd.
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all
TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient
scale and detail to show the lane widths, transition lengths, curve radii, stationing of features
affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP
phase. When the vertical alignment of the traveled surface differs from the finished pavement
elevation vertical curves must also be shown. The level of detail, format, and graphics shall be of
quality and size no less than those on “Standard Specifications Reference Traffic Control Plan”
Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall meet the
requirements of the Engineer and of the Manual on Uniform Traffic Control Devices (MUTCD)
2003 Edition as amended by the MUTCD 2003 California Supplement. Such modification,
addition, supplement, and/or new design of TCP shall be prepared by a registered professional
engineer appropriately registered in the State of California. The Engineer shall be the sole judge of
the suitability and quality of any such modifications, supplements, andlor new designs to TCP. The
Engineer may approve any such modifications, supplements, and/or new designs to the TCP when,
in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP
prepared by the registered professional engineer retained by the Contractor will be beneficial to the
best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be
implemented and no work shall be commenced that is contingent on such approval until the changed
TCP are approved by the Engineer. The preparation of such modification, addition, supplement,
and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any
fashion. Submittal and review requirements for such modifications, supplements, and/or new designs
to TCP shall conform to the requiremenb of section 2-5.3 Shop Drawings and Submittals.
-
Add the following section:
7-10.3.7 Payment.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
with which they are associated and no other compensation nil1 be allowed therefore.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
F
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rc
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each
month, the Engineer will make an approximate measurement of the work performed to the closure
date as basis for making monthly progress payments. The estimated value will be based on contract
unit prices, completed change order work and as provided for in Section 9-2 of the Standard
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall complete
the detailed progress pay estimate and submit it to the Contractor for the Contractor‘s information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
with adequate justification supporting the amount of supplemental payment request. Upon receipt of
the supplemental payment request, the Engineer shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the Engineer
determines that the supplemental payment request is not proper, then the request shall be returned
to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The
returned request shall be accompanied by a document setting forth in writing the reasons why the
Supplemental payment request was not proper. In conformance with Public Contract Code Section
20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted supplemental payment request from the Contractor. If payment of the undisputed
supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then
the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.01 0 of the Code of Civil Procedure.
-
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
9- %# Revised 10/08/03 Contract No. UPS-2 Page 56 of 59 Pages
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
*-
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requiremenls.
-
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not installed will not
be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be
included in the various items of work and no other payment will be made.
e= ts Revised 10/08/03 Contract No. UPS-2 Page 57 of 59 Pages
SCOPE OF WORK
1.
2.
3.
1. MATERIALS
A. Battery Back-up Units
Contractor shall procure 36 Clary SP I000 series or approwd equal traffic UPS
units.
UPS units shaH provide a minimum of eight (8) hours of continuous red flash op-
eration at intersections using red LED signal indications and proude power condi-
tioning to the controller.
Although Contractor will be installing said equipment, the bid price specifed in the
Bidder’s Proposal should be for materials only including tax.
B. Auxiliary Cabinets
1. Contractor shall procure 36 auiliary cabinets per attached fabrication drawing that
can accommodate the entire battery backup system including inverter and batter-
ies.
2. Auxiliary cabinets shall be NEMA 3R rated.
3. Auxiliary cabinets shall be constructed of anodized aluminum.
4. Auxiliary cabinets shall be equipped with Best.”construction” core locks.
5. Auxiliary cabinets shall be equipped with fan, thermo assembly, and dust filter.
6. Auxiliary cabinets shall be designed with “side-of-cabinet” mounting utilidng like
materials for mounting hardware.
7. Although Contractor Mill be installing said equipment, the bid price speciied in the
Bidder’s Proposal should be for materials only including tax.
1. Contractor shall furnish all labor, equipment, and incidental materials that maybe
necessary to install auxiliary cabinets onto the side of existing traffic signal control-
ler cabinets at the locations specified in the attached location listing per Caltrans
specifications.
2. Auxiliary cabinets shall be installed on the side of the controller cabinet so as not
to impede the range of motion of the existing cabinet access doors.
3. Auxiliary cabinets shall be installed on the side of the controller cabinet so as not
to interfere with either vehicular or pedestrian traffic.
4. Contractor shall furnish all labor, equipment, and incidental materials that maybe
necessary to install the entire UPS sptem including inverter and batteries into the
aforementioned auxiliary cabinets at the locations specified in the attached loca-
tion listing.
5. Contractor will not perform any work inside the exhting traffic signal controller
cabinet without either a City staff member or the Ciys traffic signal contractor on-
site.
6. Contractor will coordinate internal cabinet connections dth the City‘s signal main-
tenance contractor so that both parties are awilable on-site to test each installa-
tion for proper function.
C. Installation
e= ts Revised 10/08/03 Contract No. UPS-2 Page 58 of 59 Pages
LOCATION LISTING
PROPOSED UPS INSTALLATIONS
FYO4-05
Sig ID Main St Cross St Other St
1 OAvenida Encinas Carlsbad BI
11 Avenida Encinas
19 Beech Av Carlsbad BI
124 Breakwater Rd Carlsbad BI
21 Calle Barcelona El Camino Real
22 Calle Barcelona Rancho Santa Fe Rd
23 Camino Alvaro Rancho Santa Fe Rd Olivenhain Rd
25 Camino de 10s Coches Rancho Santa Fe Rd
Palomar Airport Rd
27 Camino Vida Roble
28 Camino Vida Roble
29Cannon Rd
11 0 Cannon Rd
33 Carlsbad BI
34 Carlsbad BI
35 Carlsbad BI
36 Carlsbad BI
37 Carlsbad BI
125 Carlsbad BI
38 Carlsbad BI
39 Carlsbad BI
50Cassia Rd
54College BI
57Costa del Mar Rd
58Dove Ln w-
67 El Camino Real
61 El Camino Real
1 19 El Camino Real
63 El Camino Real a- =-
68 El Camino Real
94 El Camino Real
73 Hidden Valley Rd
84 Palomar Airport Rd
91 Palomar Airport Rd
El Camino Real
Palomar Airport Rd
Carlsbad BI
El Camino Real
Cerezo Dr
Grand Av
Island Wy
Pine Av
Poinsettia Ln
Ponto Rd
Solamar Dr
Tamarack Av
El Camino Real
El Camino Real
El Camino Real
El Camino Real
JacksparDr Rancho Carlsbad Dr
Kelly Dr
La Costa Towne Ctr
Levante St
4uhxwRd
WaZa-Df
Tamarack Av
Town Garden Rd
Palomar Airport Rd
Palomar Oaks Wy
Paseo Valindo
#esfswlr'
90 Rancho Santa Fe Rd San Elijo
26 Camino de 10s Coches Stagecoach
52 Chestnut Av Monroe St
high school
Note: Crossed out intersections ha& been removed due to pending construction. -
e-. +# Revised 10/08/03 Contract No. UPS-2 Page 59 of 59 Pages
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