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;^;\
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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.
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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.
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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.