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HomeMy WebLinkAboutMCCAIN CONSTRUCTION CO INC; 1983-09-07;CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for The Construction of Traffic Signal Improvements at Yarrow & Palomar Airport Road Camino Vida Roble & El Camino Real CONTRACT NO. 3148 AND 3149 0 TABLE OF CONTENTS PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 6 •* DESIGNATION OF>SUBCONTRACTORS 7 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10 CONTRACT 11 LABOR AND MATERIALS BOND 15 PERFORMANCE BOND 17 GENERAL PROVISIONS 19 COUNTY'S AFFIRMATIVE ACTION PROGRAM 24A - 241 SPECIAL PROVISIONS 25 CITY OF CARLSBAD, CALIFORNIA V- NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 2:00 PM on the July 18, 1983, at which time they will be opened and read for performing the work as follows: CONSTRUCTION OF TRAFFIC SIGNALS AT YARROW AND PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE AND EL CAMINO REAL CONTRACT NOS. 3148 & 3149 The work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' 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 days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590) appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience 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 $160,000. No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of State law. The contractor shall state his or her license number and classification in the proposal. Page 2 One set of plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonref undable fee of $10.00 per set. The City of Carlsbad reserves the right to reject .any or all bids and to waive any minor 'irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City C3.erk. 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 to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. 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 for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to 100 percent of the contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ^SS^ ) , adopted on the ',.fjl s^f day of _ , 19 ?3 - Aletha L. Rautenkrariz, City Clerk J. CITY OF CARLSBAD CONTRACT NOS. 3148 & 3149 PROPOSAL Page 3 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract Nos. 3148 & 3149 in accordance with the Plans and Specifications of the City of Carlsbad, and the special provisions and that he/she will take in full payment "therefor the following unit prices for each item complete, to wit: Item Article w/Unit Price or No. Lump Sum Written in Words 1. Construct Traffic Signal at El Camino Real & Camino Vida Roble 2. Construct Traffic Signal at Palornar Airport Road & Yarrow Approximate Quantity & Unit Work L.S. Work L.S. Unit Price TOTAL Of) Total amount of bid in words: Total amount of bid in numbers: $y Addendum (a) No(s) received and is/are included in this proposal. has/have been Page 4 All bids are to be computed on the basis-of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case-of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the -above figures and ^ •' understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. ; The undersigned agrees that ir^ 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 City Council of the City of Carlsbad, the proceeds.of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No Identification $ /) /' :- //) _ ._ „*/.,• -' , =- . ^ - The undersigned bidder hereby represents as follows: 1. That no Councilmernber, 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 induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ J^>/s7<tf*?-S'<r c/^ -?-f&_ _ (Cash, Certified Check, Bond or Cashier ' s Check ) in an amount of not less than ten percent (10%) of the total bid price. ol(.-, County of San Diego j * -;,vWv;^;\ •;> ;.>•;.:*_;-':.::^^ 3 v^;?i->/ J: . ' '""~~ OFFICIAL SEAL* "^/j o! i r» ,\ i > ' ,-••-1 ' •• n ^ou^A; >- j. ?• c.i .MK ;•! or-'-rv ••"j3-.t'\:.i:v;..Fc^riiA 5^ :-vi O.-.GO r.o-...\:rv ;i - ->.,-- 1-OP 'i1 - :: .'-\' -. I l^X*"' ** the undersigned Notary Public, personally appeared Jack A. McCain Evangeline S. McCain [}J personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as McCainConst ruction Co or on behalf of the corporation therein named, and-acknowledged to-me that the corporation executed it. WITNESS "my hand and official/seal. / / // / / ,' /, ^K-rt^-o^., 1 Ai <V INotary^ Signature // / K^^gSSaSS3SS2aS3S883aSS85«3SSa&S«^^ CORPORATE ACKNOWLEDGMENT FORM 7120 052 NATIONAL NOTARY ASSOCIATION -23012 Venlura Blvd. • Woodland Hills, CA 9136< Page 5 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California 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. Bidderrs Name Au tho r i z e d Si gnat ur e Bidder's Address / Type of Organisation (Individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and' Manager if a corporation, and names of all partners, if a partnership: / (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) '(CORPORATE SEAL) CITY OF CARLSBAD CONTRACT NOS. 3148 & 3149 PROPOSAL Page 3 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract Nos. 3148 & 3149 in accordance with the Plans and Specifications of the City of Carlsbad, and the special provisions and that he/she will take in full payment "therefor the following unit prices for each item complete, to wit: Item Article w/Unit Price or No. Lump Sum Written in. Words 1. Construct Traffic Signal at El Camino Real & Camino Vida Roble 2. Construct Traffic Signal at Palomar Airport Road & Yarrow Approximate Quantity & Unit Work L.S. Work L.S, Unit Price TOTAL Total amount of bid in words i Total amount of bid in numbers: $ •/ Addendum (a) No(s) _ received and is/are included in this proposal. (/'' has/have been Page 4 All bids are to be computed on the basis -of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case- of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the -above figures and ^..-' understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. »2 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 City Council of the City of Carlsbad, the proceeds. of check or bond accompanying this bid shall become the property of the City o.f Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No. Identification The undersigned bidder hereby represents as follows: 1. That no Councilmember , 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 induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ r/^/V/^-/'/r c/^? -77^7 _ (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 5 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California 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. . . . 11, Phone Number Bidder's Name d- d/%S (^.0ate Authorized Bidder's Address Type of Organization (Individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and' Manager if a corporation, and names of all partner-s, if a partnership: (NOTARIAL ACKNOVJLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) '(CORPORATE SEAL) STATE OF CALIFORNIA CITY AND COUNTY OF San Diego ) ,83 Bettie L. Garcia On .his 12th duy_ JULY ., before me, the undersigned Notary Public, in and for the Stale, personally a pcr!>on i.nov>n Io me(Or proved to me on the basis of satisfactory evidence),appeared to be the person who executed the written instrument as Atlorr.ey-in-l-'act on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this H)KM 6 aa PRINCIPAL OFFICE IN Jj SANn:F.GCCCK:.'4!T- fj :or; iV.pires May 3. 1935 I 12th day Notary Public. State of California Diego On this the July ss. OFFICIAL S£AL USA.:,! j. PcHAR May 3, 1035 JJ ., before me, Susan J. Pehar the undersigned Notary Public, personally appeared Jack A. McCain Evangeline S. McCain [$ personally known to me O proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as McCainConstruction Coor on behalf of the corporation therein named, and-acknowledged to-one that the corporation executed it. WITNESS my hand and official/seal. » / / Notary1^ Signature '^^^ZZZ&S&i&l&Z^ / 1 1 CORPORATE ACKNOWLEDG,'/IENT FORM 7120052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 9136 06182 BIDDER'S BOND TO ACCONPANY PROPOSAL KNOW ALL PESONS BY THESE PRESENTS: That we, MCCAIN CONSTRUCTION CO., INC. INDUSTRIAL INDEMNITY COMPANY , as Principal, and as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of TEN PERCENT OF THE AMOUNT ACCOMPANYING BID (10%) Dollars ' ($-•— ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. ^-" THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: cr That if the proposal of the above-bounden principal for: CONSTRUCTION OF TRAFFIC SIGNALS @ YARROW AND PALOMAR AIRPORT ROAD AND CAMINO VIDA ROBLE AND EL CAMINO REAL, CARLSBA0, CA. Bid No. 3148 & 3149 Bid Date: July 18, 1983 in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounaen Principal shall duly enter into and execute a contract inducing required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this Of JULY , 19 83 > 12th day Corporate Seal (If Corporation)McCAIN CONSTRUCTION CO., INC. S. McCain, Secretary title Settle "L. "Cia Atty-in-Fa (Attach acknowledgement of Attorney in Fact) (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) 82-07 00410 .- 1 uf #719 INDUSTRIAL (INDEMNITY all men by these presents:HOME OFFICE - SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of tin State ol California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint - ' - BETTIE L. GARCIA -— ——-—its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf a,s surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship-and to attach its corporate seal to such obligations in favor of all obligees', provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of UNLIMITED - • and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed, in accordance with the Resolution adopted by the Board of I-fircctors oi INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972. reading as follows:. ••RESOLVED, that the Chairman- of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, ackiujwfedge i or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney* to-execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto: . , ' • ^.~> „ », \ ^ o|/ , , . • U. &* *• & '.V. ""T^Juvi/^* ^ "RESOLVED-; FURTHER; thatf the signatures~o£ said officers-so authorized b> this Company may Wprinted facsimileilitho-' graphed or otherwise produced, and that the-facsimile signature of any person who shall have been such officer of this Company^ac the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove.stated, and wilt be, binding on this Company, notwithstanding- the fact that he may have ceased to be such officer at the time-whenTsuth instruments- shall i ,.,.. ,. .,,, j^ - - ~ r * -i ->v** ~$*&; * i -" f «< •*,£•? Jbe issued. ": • • - - • - -_«• - - - - • '£!-*l <•• •*»)* ••"• ' In witness whereof, INDUSTRIAL INDEMNITY COMPANY ha* caused these presents to be signed and its corporate seal to he affixed by its proper officers,, at the City of San Francisco, California, this 17th day of October", J>™ -19 78 - Attest: /^-~<^\ ^/i;:oKi-,ra\'|\ t' ~~ I t * INDUSTRIAL INDEMNITY COMPANY L. E. Mulryan STATE OF CALIFORNIA -..\ . . ) CITY AND COUNTY OK SAN FRANCfSCO J Secretary (. LaPlante fenior Vice President) On this 17th day of .October, *, .'• I9 78 .before me, Mary Mueller -n^'< -;,:,' a notarv'public in and for the City and County of San Francisco, State of California, personally appeare<l ' •-, "v ' - y": '• J. G. LaPlante and L. E. Mulryan known to me to be the Senior Vice President '*" anoV Secretary of the corporation which executed the within- instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27.1972, and that the same-is in full force and effect. < In witness whereof. I have hereto setJtny; handand affixed my official seal the day and year in this certifkale hr*!t above written. """" " . " ' . _ . . _ . ^. MART MUELLER P03UC - CAUFOSWI 3 i^tesfiaey OU & \OUHn Ot S»» VUHOXO L • '-';, "" Notary Public^fi\ and for the City and County ~ vSfc3y - - ... Tll^,, ^ i-f-fTT ** "J'''-v' -"'"'" -i of San Ifrantisto-. State of California i, L,..E. Mulryan , (Secretary) -v . of INDUSTRIAL LNDKMMTY COMPANY, do hereby certify that I have compared the-Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and-that the same are correct transcripts therefrom and of the whole ol the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL 1NDF,MNITY" COMPANY at the City of Sarv Francisco, California, this- 12thdayof JULY ,l"33 JEAL 1 YO4I H7 (IO/72( - Page 7 DESIGNATION OF SUBCONTRACTORS - The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance ; with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if -required:[ Full Complete Items of Company Address Phone No. Work f\ i Name w/Zip Code w/Area Code Page 8 DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following' information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* Amount . of Bid ($~6r %) *Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. (Notarize or Corporate Seal) rrt?a«;TanrTinM rn 2220 Encinitas Blvd.Bldder "s Company Name Encinitas, California 92024 Bidder's Complete Address " >9? ' ' /} Authorized Signature Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. (Notarize or Corporate Seal) • Signatu/4 Kxhibit A MC CAIN CONSTRUCTION CO., INC. BALANCE SHEET MARCH 31, 1983 ASSETS Current Assets . i Cash $ 53,056 Accounts Receivable (None C) 255,822 Material and Supplies Inventory (Note A) 15,000 Costs and Estimated Earnings on Contracts in Progress in Excess of Related Billings (Note B) 46,574 Total Current Assets $370,452 Fixed Assets (Note A) Vehicles $165,366 Machinery and Equipment 114,134 Of'fice Furniture and Fixtures 5,953 $7857453" Less Accumulated Depreciation 221,101 Net Fixed Assets 64,352 Other Assets Deposits $ 50 Note Receivable - Officer 250 Total Other Assets 300 Total Assets $435,104 Exhibit A MC CAIN CONSTRUCTION CO., INC. BALANCE SHEET % MARCH 31, 1983 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities Accounts Payable (Note D) $ 1,745 Accrued Payroll Tax and Income Tax (Note A) 3,694 Amounts Billed-in Excess of Costs and Estimated Earnings on Contracts in Progress (Note B) - ^0^89_4 Total Current Liabilities $ 66,333 Stockholders' Equity Common Stock $ 20,000 Retained Earnings (Exhibit B) 348,77j^ Total Stockholders' Equity 368,771 Total Liabilities and Stockholders' Equity $435,104 Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment qan be used if notarized or sealed. Date Contract Name and. address Completed of the Employer Name and Phone No. of Person Amount of to Contact Type of Work Contract (Notarize or Corporate Seal) Page 1 1 CONTRACT - PUBLIC WORK T *>This agreement is made this <yT *> <aay of 1 9 K3 i by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and MCCAIN CONSTRUCTION CO., INC. a CALIFORNIA CORPORATION whose principal place of business is 2220 ENCINITAS BOULEVARD, BNCINITAS, CALIFORNIA 92024 (hereinafter called "Contractor". ) City and Contractor agree as follows: 1 . Description of Work. Contractor shall perform all work specified in the contract documents for: CONSTRUCTION OF TRAFFIC SIGNALS AT YARROW AND PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE AND EL CAMINO REAL CONTRACT NO. 3148 & 3149 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or the plans and specifications; and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment. As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph) . a. In the total amount of &7; 0>~Z> to be made in a lump sum not later than 3,5 clays from the date of the filing of the notice of completion. b. In the total amount of _ _ to be made in periodic payments as shown on the payment schedule attached hereto and made a part hereof. "c. On a unit price basis of ' _ _ per unit to be made as* shown on the payment schedule attached hereto and made a part hereof. Page 12 Payment of undisputed contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under 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 in order to overcome unanticipted underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditons are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Condtions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incured in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to Page 13 order changes or extra work is the City Engineer. .Hov;ever, no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. 8. Prevailing Wage. Pursuant to the Labor Code of the State of California,the City Council has ascertained the general pre- vailing rates of per diem wages for each craft or type of worker needed to execute the contract and a schedule contain- ing such information is in the City Clerk's office and is in- corporated by reference herein. Pursuant to Labor Code Section 1775 contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnity. Contractor shall indemnify, hold harmless and defend City and its- officers and employees, and each of them, from any and all liability or loss resulting from any suit, claim or other action brought against City, or for any other losses of whatever nature, directly or indirectly arising from the acts of Contractor or its officers, employees or agents done in the construction of this project or in the performance of this contract regardless of responsibility for negligence. The expenses of defense include all costs and expenses, including attorneys fees, of litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require contractor to indemnify City for losses caused by the active negligence of City. 10. Insurance. Contractor shall maintain insurance covering the liability stated in paragraph 9 in an amount acceptable to the City Council and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this contact regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers.1 compensation self insurance prior to the start of any work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The Page 14 award of the arbitrator(s),shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7,.Chapter 1, Article 2 of the California 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. 15. Labor Code Provisions; The provisions of Part 7, Chapter 1 commencing with section 1720 of the California Labor Code are incorporated herein by reference. 16. Security. Pursuant to the requirements of law (Government Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this contract or any obligation established by this contract. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. MCCAIN CONSTRUCTION CO., INC. Contractor (Seal) (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) T ''Secretary CITY OF CARLSBAD, CALIFORNIA Mayor City Cler [1? State of California County of San Diego SS. Onthisthe_23r<iayof AUGUST . 198JL., before me, Susan J. Pehar the undersigned Notary Public, personally appeared Jack A. McCain LJ personally known to me 32 proved to me on the basis of satisfactory evidence to be the persorXafcwho executed the within instrument as President ~) or on behalf of the corporation therein named, and acknowledged jro me that the corporation executed it. WITNESS my hand and official seal. /•' Notary's Sij State of California County of San Diego I OFFICIAL 3 SUSAN J. PEHAR NOTARY PUBUC-CAIIFORNIA PRINCIPAL Of>'»CE IN SAN DIEGO COUNTY Nly Commission Expires May 3, 1985 SS. On this the Susan J. Pehar the undersigned Notary Public, personally appeared Evangeline S. McCain D personally known to me ^t-f proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as SECRETARY or on behalf of the corporation therein named, and acknowledge^ to me that the corporation executed it,, WITNESS my hand and,bfficial seal. • r Bond No. YS 852 2661 Page 15 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 7327 adopted AUGUST 16, 1983 has awarded to McCAIN CONSTRUCTION CO., INC. hereinafter designated as the "Principal", a contract for: - CONSTRUCTION OF TRAFFIC SIGNALS AT YARROW AND PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE AND EL CAMINO REAL CONTRACT NOS. 3148 & 3149 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. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for 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, McCAIN. CONSTRUCTION CO., INC. , as Principal, hereinafter designated as the "Contractor", and INDUSTRIAL INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINETY FIVE THOUSAND AND SIXTY THREE AND NO/100——-Dollars ($ 95,Q63.QQ)S^1(3 sum being one hundred per cent (100%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourseves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's* fee, to be fixed-by the court, as required by *"* the provisions of Section 4202 .of the Government Code of the State of California. Page 16 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to-them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. . In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 23rd day of AUGUST 1983. (Notarize or Corporate Seal for each Signer) MCCAIN CONSTRUCTION CO., INC, McCain, Presioient McCain, Secretary INDUSTRIAL INDEMNITY COMPANY P.O. Box 80965 San pjtegp, CalifQrnia^2138 /"Surety ' Bettie L. Garcia,^Atty-in-Pact STATE OF CALIFORNIA CITY AND COUNTY OF San Diego I 1 ss. 1 On this _.23rdday AUGU5T1983. before inc. (he undersigned Noiary Public, in and for the Slate, personally appeared Rpt-tip \,_, _Ga.rcja a person kiu>Mi ioine(or proved tunic on thcboiisof satisfactory evidence). to be the person who executed the written instrument as Aiiomev-ni-hact on behalf of ihe corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 23rd jay y|' OFFICIAL SEAL J. PEHAR NOTARY PL'SUC-CALIFORNIA PRINCIPAL OFfKE IN S*N DIEGO COUNTY ~My Commission Expires May 3, 1985 Notary Public. Bond No. YS 852 2661 Page 17 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 7^07 _ adopted AUGUST 16, has awarded to MCGAT^ rnNSTftorI INC. " " ".. . _ _hereinafter designated as the" "Principal"^" a" contract for: CONSTRUCTION OF TRAFFIC SIGNALS AT YARROW AND PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE AND EL CAMINO REAL CONTRACT NOS. 3148 & 314ft 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. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, McCAIN CONSTRUCTION CO. , fttC , _ ' as Principal, hereinafter designated as the "Contractor", and _ INDUSTRIAL INDEMNITY COMPANY _ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of MINETY FIVE Ti|OUSAND AND SIXTY ?HR«R AND MO/IQn Dollars ($ 95,063.00 _ )r said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its 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 said contract and any alteration thereof made as therein provided on his/her or 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 and agents, as therein stipulated, then this obligation shall become, null and void; otherwise it shall remain in full force and virtue. Page 18 And said Surety, for value received, hereby 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. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 23rd day of AUGUST , 19 83 . (Notarize or Corporate Seal for Each Signer) MCCAIN CONSTRUCTION CO., INC. tct or INDUSTRIAL INDEMNITY P.O. Surety Bettie L. Atty-in-F*t STATE OF CALIFORNIA CITY AND COUNTY OF San Diego | 1 1 ss. On this _23xdday AUGIIS.TI9JL3.. before me. ihe undersigned Notary Public, in and for ihe Slate, personally appeared Re±±J_e LJ_ _Gar.cia. a person km'* n 10 me (or proved to me on the basis of satisfactory evidence), i to be the person *ho executed ihe written instrument as Aiiomc>-iii-haci on behalf of the corporation therein named and to me thai the corporation e\e\.uted it. GIN en under my hand and Notarial Seal this 23rd jjy Ol'.""AUGUST OFFICIAL SEAL J. PEHAR NOTARY PUBLIC CALIFORNIA PRINCIPAL omCE IN SAN DIEGO COUNTY My Commission Expires May 3. 1985 A.D. Notary Public. of Attorney #719 INDUSTRIAL INDEMNITY all men by these presents:HOME OFFICE SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organi/cd and existing under the laws of iht Slate of C.iliforni.i. and having its principal office in the Cil\ of San Francisco, Stale of California, does hereliy make, constitute ami appoint BETTIE L. GARCIAits true and lawful attorncy-in-tact for it and in its name, place and stead to execute on its behalf as surely, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of - - UNLIMITED — and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972. reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto: "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will l>e binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNIFY COMPANY has caused these presents to be signed and its corporate seal to l>e affixed by its proper officers, at the City of San Francisco, California, this 17th clay of October • 19 78 • Attest:INDUSTRIAL INDEMNITY COMPANY ;. LaPlante Vice President) STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO On this 17th day of October .19 78 .before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and L. E. Mulryan known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, 1 have hereto set my hand and affixed my official seal the day and year in this certificate first above written. "PMARY MUELLER NOTARY PU3UC - CAIJF03NU an ft iounir o> SAN FUMCBCO L *» J, Notary Publiertil and for the City and County of San (ranrisco. State of California I, L. E. Mulryan (Secretary) of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 23rd day of AUGUST .1983 *** SEAL L. E. Mulryi Secretary 1Y04I R7 (10/72) Page 19 ^ - GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 2 sheet (s) 'designated as City of Carlsbad Drawing Nos. 221-8,9. The standard drawings utilized for this project are the San' Diego Area Regional Standard Drawings, hereinafter designated SDKS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. .2. WORK TO BE DONE . 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. 3. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approve^ representative. b) Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. c) 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 City Engineer" unless stated otherwise. Page 20 d) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. e) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his 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 her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition • at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. CONSTRUCTION SCHEDULE ma A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the Notice to Proceed letter is not met by the Contractor, he will be assessed the daily salary of the City inspector for each working day beyond the completion date, as damages. Page 21ff, =» <*» . • Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall.diligently prosecute the work to completion within 60Tconsecutive calendar days from the date of receipt of said "Notice to Proceed." 6 . NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the " Contractor. "-\ <'-^ 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully W***^ informed regarding progress and manner of work and character of . materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 22 w 11. 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 the contract shall be read and enforced as though it were 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. f« 12. INTENT OF CONTRACT DOCUMENTS The 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 throughout 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 her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, Page 23 erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, possible, but in no case less than 10 days prior to actual install at ion. if 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected 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 City 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 on completion of the work; 15. PERMITS The general construction, electrical and plumbing permits be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. will 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be giyen an equivalent extension of time. Page 24 17. SAFETY & 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. He/she 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 post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. "'" \ 18. SURVEYING ' " Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS'•in*? Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbrevi at ion American Society for Testing Materials . ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters N3FU American Institute of Steel Construction AISC American Standards Association ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards CS American Concrete Institute ACI 20. EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall abide by the County rules and regulations (Executive Order 11246) for equal employment opportunity prac- tT~" tices, as outlined on Standard Form 1-AA/MBE 8-22, Rev 3-83, Pages 1-14 to 1-22 inclusive. (Attached) NOTICE CF REQUIRBCfT FOR AFFIRMATIVE ACTION TO EMSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE CRCER 11246)FDR &i ccNsrajcTicH ccmwcrs TQ BE /WARDED BY THE COUNTY CF SW DIEG3 1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clcuse", (Fair Eiplcy- nent Practices Agreement) and tire "Standard Federal Equal Enpiqynsnt Opportunity Construction Specifications" sat forth herein. 2. The goals and timetables for minority and farale participation, exoressed in percentage terms for the Contractor's aggregate workforce in each trade oh all construction work in the ccversd area, are as follows: Goals For Minority Goals For Female TECTABLES Participation For Participation In Each Each Trade Trade 16.91 • 6.9% *These goals are applied)!* to all the Contractor's construction work (whether or not it is Federal or federal ly-essistad? or Courrty-essistedT performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geograohical area where the work is actually perrorrsd. With regard to this second area, the Contractor also is subject to the goals for both its federally-involved and ncn-fedsrally involved construction. The Contractor's corpliance witti the aoprocriate Ccunty rules and regulations, the Executive Order and the Regulations in 4-1 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifica- tions sat forth in 41 CfH 60-4.3 (a), and its efforts to meet the goals. The hours of mn'ncrity and female errplcymgnt and training mist be substantially urifbrm throughout the length of the contract', and in each trade, and the Contractor shall rreke a gcod faitfi effort to erploy minorities and women evenly on each of its projects. The transfer of minority or fetale employees or trainees fran Contractor to Contractor or fron project to pnqject for the sole purpose of nesting the Con tractor's goals shall be a violation of the contract, the Executive Order and tha regulations in 41 CFR Part 60-4 and appropriate County rules and regu- lations. Compliance with the goals will be treasured against the total work hours performed, 3. The Contractor shall provide written notification to the Director of the Office of Fetferal Contract Conplianca Programs, and to the County Contract Cortoliancs Office, within 10 working- days of award of any construction subcontract in excess of $10,000 at any tier for construc- tion work under its contract resulting fron this solicitation. The notification shall list tha nare, address and- telephone muter of the subcontractor; arplqyer identification nuntsr of the subcontractor; estimated dollar amount of the subcontract; estiiratsd starting and carpi e- tion dates of the subcontract; and the geographical area in wricn the subcontract is to te psrforrad. 4. As used in this Siotice, and in the contract resulting fron this solicitation, the "covered area" is San Diego County, California. 5. The ccntractcrfs) and subcorrtraclcHs) shall coiply witti all applicable County rules and reculaticrs. Std Fonn PW/f-ASTER AF/ACTICU.4. Rev. 3-33 NOTICE REGARDING NONSEGREGATED FACILITIES 1. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS a. A Certification of Nonsegregated Facilities, as required by the May 9, 1967 order of the Secretary of Labor (32 F.R. 7439, iMay 19, 1967) on Elimination of Segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding 510,000 which is not exempt from the provisions of the Equal Opportunity * clause. . b. BY SIGHING THIS 310, THE BIDDER WILL BE DEEMED TO HAVE SIGNED AND - AGREED TO THE PROVISIONS OF THE "CERTIFICATION OF NOMSEGREGATEQ FACILITIES" IN THIS PROPOSAL. This certification provides that the- bidder does not maintain or provide for his/her employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a da-- facto basis. The certification also provides that the bidder will not maintain such segregated facilities. : ~J .c. Contractors-receiving federally assisted construction contract awards exceeding S10,QOO which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forward- ing of the following notice to prospective subcontractors for con- struction contracts and material suppliers where the subcontracts or material supply agreements exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS AND MATERIAL SUPPLIERS OF REQUIREMENT FOR CERTIFICATION CF NCNSEGREGATEO FACILITIES a. A Certification of Nonsegregated Facilities as required by the May 9, 1967, Order of the Secretary of Labor (32 F.R. 7349, May 19, 1967) on Elimination of Segregated Facilities, must be submitted by each sub- contractor (in all tiers) and material supplier prior to the award of the subcontract or consummation of a material supply agreement if such subcontract or agreement exceeds $10,000 and -is not exempt from the provisions of the Equal Opportunity clause. b. BY SIGNING THE SUBCONTRACT OR ENTERING INTO A MATERIAL SUPPLY AGREE- MENT, THE SUBCONTRACTOR OR MATERIAL SUPPLIER WILL BE DEEMED TO HAVE SIGNED AND AGREES TO THE PROVISIONS CF THE "CERTIFICATION OF NONSEG- REGATEO FACILITIES11 IN THE SUBCONTRACT OR MATERIAL SUPPLY AGREEMENT. This certification provides that the subcontractor or material sup- plier does not maintain or provide for his/her employees facilities which are segregated on the basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a de facto basts. The certification also provides that the subcontractor or material supplier will not maintain such segregated facilities. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Std. Form 1-AA/MBE 8-22 Rev. 3-83 PW/MASTER- AFT/ACTIOM.5 STANDARD EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicita- tion from which this contract resulted, State of California, County of San Diego; » b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Direc- tor delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. - d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subconti- nent, or the Pacifica Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of Morth America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade it shall physically include in each subcontract unless exempted by 41 CFR 6-1.5(a)(l), the pro- visions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from *hich this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 50-4.5) in the San Diego "Hometown Plan" approved by the U.S. Department of Labor in the County of San Diego area either individually or through an association, its affirma- tive action obligations on all work in the San Diego Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have union* participating in the San Diego Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in Std. Form 1-AA/MBE 8-22 Rev. 3-83 PH/MASTER AFF/ACTION.6 an approved San Diego Plan is individually required to comply with its obli- gations under the EEO clause, and to make a good faith effort to achieve each goal under the San Diego Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved San Diego Plan does not excuse any covered Contractor's or Subcontractor failure to take good faith efforts to achieve the San Diego Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geological areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geo- _* graphical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order H246, or the County, State or Federal regulations promulgated pursuant thereto. 5. In order for the norrworking training hours of apprentices and trainees to be counted in riveting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor cust have made a ccamrittpent to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimi- dation, and coercion at all sites, and in all facilities at which the Con- tractor's employees are assigned to work. The Contractor, where possible, dill assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation Std. Form 1-AA/MBE 8-22 Rev. 3-83 PW/MASTER AFF/ACTION.7 to maintain such working environment, with specific attention to minority or female individuals working at such sites or in such facilties. b. Establish and maintain a current list of minority and female recruit- ment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organiza- tion's responses. c. Maintain a current file of the names, addrass and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such indivi- dual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not anployed by the Contrac- tor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. ..--• —- d. Provide, immediate written notification to the Director and the County when the union or unions with which the Contractor has a collective bargain- Ing agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employ- ment decisions including specific review of these items with onsite super- visory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed disposition of the subject matter. Std. Form 1-AA/MBE 8-22 Rev. 3-83 PW/MASTER AFF/ACTIQM.8 h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contrac- tor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct, its recruitment efforts, both oral and written, to minority-, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later • than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor ;. shall send written notifications to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. ^ j. Encourage-present minority and female employees to recruit other minority person*; and women, and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. » k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, and/or County Regulations and Procedures. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek to to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assign- ments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these spec- ifications are being carried out. • n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain record of all solicitations of offers for sub- contracts from minority female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 3. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or rnore of their affirmative action obligations Std. Form 1-AA/M8E 8-22 Rev. 3-83 PW/MASTER AFF/ACTIQN.9 (7a through 7p). The efforts of a contractor association, joint contractor- union, contractor-community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the,Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, how- ever, is the Contractor's and failure of such a group to fulfill an obliga- tion shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separata single goal for women have ^ been established. The Contractor, however, is required to provide equal em- ployment opportunity to take affirmative action for all minority groups, both male and female,) and all women, both minority and non-minority. Conse- quently, the Contractor may be in violation of the Executive Order and/or County regulation if a particular group is employed in a substantially dis- parate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order and/or County regulation if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246 and/or debarred from County contracts pursuant to County Ordinance 3778 {Mew Series) Article IIIJ of the County Administrative Code. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including sus- pension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Pro- grams and/or County Ordinance 3778, Article IIIJ by the Board of Supervisors. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended and County Ordinance 3773 (New Series) Article IIIJ of the Administrative Code. 13. The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment oppor- tunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Std. Form 1-AA/HBE 3-22 Rev. 3-83 PW/MASTER AFF/ACTION.10 Director shall proceed in accordance with 41 CFR 60-4.3 and/or the County Board of Supervisors pay impose one or more of the following sanctions if the Contractor fails to comply with the ordinance or these specifications: a. Find that the contractor is not a responsible bidder for any further contracts until it has demonstrated to the satisfaction of the County that it has made a good faith effort to improve minority and female employment, and will comply with.the notice and standard Federal EEO construction contract specifications in effect at the time of any future bids; in no event shall it be a responsible bidder on contracts advertised within one year from such findings, unless earlier approved by the Board of Supervisors. b. Terminate the entire contract effective at a time specified by the County. . c. Terminate any portion of the contract or work thereunder. * • • ' d. Direct the prime contractor to terminate all or part of the contract with any subcontractor determined to be in violation of the specifications. e. Find that any subcontractor in violation of this Program is not a responsible party to a County contract and refuse to accept bids from prime contractor who intend to use such subcontractors in performing County con- tracts, until the subcontractor has demonstrated to the satisfaction of the County that it has made a good faith effort to improve minority and female employment and will comply with the notice and E.E.O.C.C. Specifications in effect at the tirae of any future bids; in no event shall it be a responsible party to any County contract advertised within one year from such finding unless earlier approved by the Board of Supervisors. When the County proceeds with such formal action it has the burden of proving that the contractor has not met the goals contained in the notice of requirement for Affirmative Action. The Contractor's failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements of these specifications by insti- tuting at least the specific steps listed in the specifications. The pendency of such proceedings shall be taken into consideration by the County in determining whether such Contractor can comply with the requirements of these specifications, and is therefore, a "responsible prospective Contrac- tor" within the meaning of the basic County regulations. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government or County and to keep records. Records shall at least include for each employee the name, address, telephone numbers, con- struction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which Std. Form 1-AA/M8E 3-22 Rev. 3-83 Py/MASTER AFF/ACTION.ll the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of,requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development 31ock Grant Program). Std. Form 1-AA/MBE 8-22 Rev. 3-83 PW/MASTER AFF/ACTIOM.12 L i 24- CERTIFICATION OF COMPLIANCE I hereby certify that MCCAIN CONSTRUCTION CO., INC. Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. August 5, 1983 Date (NOTARIZE OR CORPORATE SEAL)Secretary Title (Notarial acknowledgement of execution by all principals must be attached.) 19 ?., before me, « 8 On this the_5th day ofState of California County of San Diego Susan J. Penar the undersigned Notary Public, personally appeared Evangeline S. McCain SUSAN j. PIHAR | j :,T:i-> ^nr/.^ire; V;,v 3, 1985 i personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Secretary or on behalf of the corporation therein named, and adufowledged to rne_ihat the corporation executed it, WITNESS my hrand and officiafsea). (VI N otaW>5"Sl g n at u re , , s^s^gs^ijgsss^^ CORPORATE ACKNOWLEDGMENT FORM 7120052 / NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA91364 SPECIAL PROVISIONS Page 26 TRAFFIC SIGNAL AND SAFETY LIGHTING FACILITIES A. General The Contractor shall furnish all tools, equipment, materials, supplies, and manufactured articles and shall perform all operations necessary to construct traffic signal and street lighting facilities as shown on the drawings and as specified herein. B. Reference Specifications and Standard Plans 1. Standard Sepcifications - Except as modified herein materials, and installation shall conform to the California Standard Specifications, January, 1981. All references in this section to "Standard Specifications" shall be understood to be referenced to the California Standard Specifications. 2. Standard Plans - Except as modified herein, all references in this section to "Standard Plans" shall be understood to be referenced to the California Standard Plans, January, 1981. 3. Codes, Ordinances, and Regulations - All electrical materials and equipment furnished annd installed under this section shall conform to the referenced regulations and •codes specified in Section 86-1.02 of the Standard Specifications, and to all other ordinances and regulaations of the authorities having jurisdiction. Whenever reference is made to the Code, Safety Orders, General Order of Standard, the reference shall be construed to mean the Code, Order, or Standard that is in effect on the date set for receipt of bids. C.. Description Furnishing and installing traffic signals,lighting and sign illumination systems and payment therefore shall conform to the provisions in Section 86, "Signals and Lighting", ofthe Standard Specifications. Traffic signal work is to be performed at the following intersections: El Camino R'eal and Camino Vida Roble Palomar Airport Road and Yarrow Drive Page 27 D. Equipment List and Drawings Equipment lists and drawings of electrical equipment and material shall conform to the provisions in Section 86-1.03, "Equipment List and Drawings", of the Standard Specifications and these Special Provisions. The controller cabinet schematic wiring diagram and intersection sketch shall be combined into one drawing and shall be supplied on 24"x36" size sheets, or if desired, on 36"x48" size sheets for five through eight phase installations only, and shall be drawn in sufficiently large scale to be clearly readable by field technicians. Partial schematic diagrams of the basic cabinet wiring on 8-l/2"xll" sheets will not be acceptable. The Contractor shall furnish a maintenance manual for all controller units, auxi-liary equipment, and vehicle detector sensor units, control units, and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items: 1. Specifications 2.- Design characteristics 3. General operation theory 1 4. Function of all controls 5. Detailed circuit analysis 6. Trouble shooting procedure (diagnostic routine) 7. Voltage charts with wave forms 8. Block circuit diagram 9. Geographical layout of components 10. Schematic vliagrams 11. List of replaceable component parts with stock numbers. E. Equipment Testing Equipment testing shall conform to the Provisions on Section 86- 2.14,"Testing", and Section 86.214C, "Material Testing", of the Standard Specifications. Testing of Controller shall be at a facility designated by the City of Carlsbad. F. Traffic Signal Field Tests » Field test shall conform to the Provisions in Section 86-2.14B, "Field Testing", and Section 86.'214CV "Functional Testing", of the ' Standard Specification and these Special Provisions. The Traffic Engineer shall be notified at least 48 hours prior to the intended "turn-on". Page 28 Turn-on of the new traffic signal' system shall not be on, nor shall the five (5) day functional test start on a Friday, Saturday, Sunday, holiday, or any day preceding a holiday. A knowledgeable representative for the manufacture or distri- butor of the traffic signal controller equipment shall be required to be present for the initial portion, first day, of the functional test and upon completion of the field installation. The Contractor shall arrange to have a signal technician qualified to work on the controller and employed by the controller manufacturer or his representative, present a the time the equipment is turned on. G. Service Service shall conform to the provision in Section 86-2.11, "Service", of the Standard Specifications and these Special Provisions. The Contractor shall be responsible for contacting the utility company and arranging for any required electrical energy and service connections. The electrical service shall be a Type II as shown on State Standard Plan ES-2A. The service equipment details shall be as specified by the San Diego Gas and Electric Company, and written proof of their approval shall be submitted to the Engineer prior to installation. The Contractor shall be responsible for all service details, scheduling and the expense of any service connection fees that may be applicable. H. Conduit Conduit shall conform to the provisions in Section 86-2.05, "Conduit", of the Standard Specifications and these Special Provisions. „ Non-metallic type conduit shall not be used. Insulated bonding bushings will be required. After conductors have been installed,the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved- type sealing compound. I. Pull Boxes Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes", of the Standard Specifica-tions and these Special Provisions. Plastic pull boxes shall not be used. Page 29 J. Bonding and Grounding Bonding and grounding shall conform to, the provisions in Section 86-2.10, "Bonding and Grounding", of the Standard Specifications and these Special Provisions. .Grounding jumper shall be attached by a 3/16-inch or larger brass bolt in the standard or pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. K. Photoelectric Controls Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these Special Provisions. Photoelectric controls shall be Type IV. L. Ballasts Ballasts shall conform to the provisions in Section 86-6.10, "Ballasts", of the Standard Specifications and these Special Provisions. Integral ballasts shall be provided. M. Internally Illuminated Street Name Signs Internally illuminated street name signs shall conform to the provisions in Section 86-6.065, "Internally Illuminated Street Name Signs", of the Standard Specifications and these Special Provisions. Internally illuminated street name signs shall be Type A.«» N. Foundations . . Foundations for electroliers, standards, posts, and pedestals shall conform to the applicable provisions in Section 86-2.03, "Foundations", of the Standard Specifications and these Special Provisions. Foundations shall be located and installed as directed herein and on the Plans, or as directed by the Engineer. No foundations shall be located within three feet of a fire hydrant. In lieu of placing grout under the base plate of posts, standards or pedestals, the top two inches of the concrete foundation shall be poured after they are in position. The exposed portions of the foundation shall be formed to present a neat appearance. At locations where sidewalks are being constructed the top two inches of the foundation shall be omitted. Page 30 Electroliers, Standards, Steel Pedestals and Posts Standards, steel pedestals and posts' shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard Specifications, the Standard Plans, and these Special Provisions. The location of all standards shall be strictly in accordance with dimensions shown on the Plans, or as approved by the Engineer. Existing signal standards, pedestals and posts shall be removed or modified when indicated on the plans. P. Pedestrian Signals Pedestrian signals shall conform to the provisions in Section 86- 4.05, "Pedestrian Signal Faces", of the Standard Specifications and these Special Provisions. Pedestrian Signals shall be International Symbol type. The hood described in Section 86-4.05D, "Visors", o'f the Standard Specifications shall be provided. Q. Solid-State Traffic Actuated Controllers and Cabinets Solid-State traffic actuated controller units and cabinets shall conform to the provisions in Section 86-3, "Controller", of the Standard Specifications and these Special Provisions. Monitoring Device shall conform to the provisions of Section 86- 3.08C, "Monitoring Devices", of the Standard Specifications and • these Special Provisions. The Conflict Monitor unit shall include phase timing interval memory and indicator lamps. The "On-Off" Switch for the cabinet lighting fixture shall be the door-actuated type. The convenience receptacle shall have ground-fault circuit interruption as defined by the Code. All coordination features, such as: Hold, Force Off, etc., shall be provided external to the controller on .a terminal strip in the cabinet for furture coordinated operation. The cabinet shall contain a conspicuous warning against operation without the monitoring, device being installed. Page 31 R. Signal Faces and Signal Heads Signal Faces, signal heads, and auxiliary equipment, as shown on the plans, and the installation there of shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces"; Section 86- 4.02, "Directional Louvers"; Section 86-4.03, "Blackplates", and Section 86-4.06, "Signal Mounting Assemblies", of the Standard Specifications and these Special Provisions. Where signal heads are mounted on the side of poles, they shall be mounted on the side away from the traveled roadbed. All lamps for traffic signal units shall be provided by the Contractor, and the cost of the lamps shall be included in the lump sum bid. S. Detectors Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard Specifications and these Special Provisions. The Contractor shall test the detectors with a motor driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the Vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor driven cycle through the response or detectiion area of the detector at not less than ' three miles per hour no more than seven miles per hour. The Detector shall provide an indication in response to this test. to Traffic Signal - General Notes A. The Standard Specifications of the California Department of Transportation, the Standard Plans, and'the Standard Plans of the City of Carlsbad, are by reference made a part of these plans. B. Flashing indications shall flash red on all phases. C. Striping, signing, pavement markings, and roadwork will be done by others, unless otherwise specified. D. Spare conductors shall terminate in the" terminal block in each standard where applicable, otherwise in the signal head with ends taped. E. The provisions of Section 86-2.09 notwithstanding, all conductors including spares, shall be banded and labeled at each end. Labels shall designate the location of the other end of each separate conductor. Page 32 The Contractor shall test the detectors with a motor dri-ven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor driven cycle through the response or detectiion area of the detector at not less than three miles per hour no more than seven miles per hour. The Detector shall provide an indication in response to this test. e Traffic Signal - General Notes A. The Standard Specifications of the California Department of Transportation, the Standard Plans, and the Standard Plans of the City of Carlsbad, are by reference made a part of these plans. B. Flashing indications shall flash red on all phases. .C. Striping, signing, pavement markings, and roadwork will be done by others, unless otherwise specified. D. Spare conductors shall terminate in the terminal block in each standard where applicable, otherwise in the signal head with ends taped. E. The provisions of Section 86-2.09 notwithstanding, all conductors including spares, shall be banded and labeled at each end. Labels shall designate the location of the other end of each separate conductor. F. The Contractor shall notify the City Traffic Engineer at least 48 hours prior to disconnecting any signal indications. G. The Contractor shall check with the public utilites to determine the type and location of underground facilities that may be with in the project limits. E. Vehicle and pedestrian indications shall be mounted on the side of the.pole away from the intersection. I. Pull boxes shall not be located in driveway, pull boxes shall be No. 5 or larger unless noted otherwise. J. Internally illuminated signs shall be energized from metered electrical service. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, and vehicle detector sensor units, control units, and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combinedsuitably bound and submitted to the City.