HomeMy WebLinkAboutMCCAIN CONSTRUCTION COMPANY; 1987-05-12; 3178CITY OF CARLSBAD
MUNICIPAL PROJECTS DEPARTMENT
CONTRACT DOCUMENTS
& PROJECT SPECIFICATIONS
FOR
ELM AVENUE
AND
EL CAMINO REAL
TRAFFIC SIGNAL
PROJECT * 3178
ISSUE DATE (MM/DD/V
5-4-87
II PRODUCER
tl ROBERT F. DRIVER COMPANY INC
^ P05T OFFICE BOX 670
SAN DIEGO, CA 92112-4112
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE-AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Roger Combe
(619) 238-1828 Fireman's Fund Insurance Company
Y B National surety Corporation
INSURED
McCain Construction Co., Inc COMPANY
LETTER2220 Encinitas Blvd.
Encinitas, CA 92024 COMPANY
LETTER
COMPANY
LETTER
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
jco
|LTR TYPE OF INSURANCE
j (GENERAL LIABILITYI
^ A
A
.
f
t
ti
. E
COMMERCIAL GENERAL LIABILITY
OCC.:RRE'.CE
C'.ViER'S J CONTRACTORS ?R3TE" VE
AUTOMOBILE LIABILITY
V ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
:;ON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
x Umbrella
C'HER THAM UMBRELLA FCR.V
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
POLICY NUMBER
MXX 8018 49 11
MXA 8002 97 48
XLK 1847024
POL'CY EFFECTIVEDA"? IMM'DD.YY)
1-1-87
1-1-87
1-1-87
WP 8017 17 28 7-1-86
POLICY EXPIRATIONDATE (MM/00/YY)
1-1-88
1-1-88
1-1-88
7-1-87
_v
ALL LIMITS IN THOUSANDS M
Bn
GENERAL AGGREGATE
pRooucTs-coMP/OPS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
FIRE DAMAGE (ANY ONE FIRE'
MEDICAL EXPENSE (AMY ONE PERSON,
CSS.
BODILYINJURY(PER PERSON)
BOOILYINJURY
(PERACCIDENT!
PROPERTYDAMAGE
$ 1,000,
$
$
$
EACH IOCCURRENCE$ 2,oob, $
STATUTORY |
JS 1,000, IEACH,.
£ *,uuu, m
5 i.uuj, H
£ i.uuu, |
$ ltO»i 1
$ 50» 1
$ >• i11 " ~ '" M
1
- " I
AGGREGATE K*
2,000, I
I- .
CCiDEN7"
ig 1,000, iDiSE«SE-POL!Cv LIMiT
|S i*000' .IC'SEASE-EACH EMPLO-EE)
-
] DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Job : Elm Avenue and El Camino Real
traffic signal. The City of Carlsbad is named as Additional Insured as respect
^operations of named insured.
!
TABLE OF CONTENTS
ITEM PAGE
NOTICE INVITING BIDS 1_2
PROPOSAL 3-5
BIDDER'S BOND TO ACCOMPANY PROPOSAL 6
DESIGNATION OP SUBCONTRACTORS 7-8
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10
CONTRACT 11-15
LABOR AND MATERIALS BOND 16-17
PERFORMANCE BOND 18-19
GENERAL PROVISIONS 20-26
SPECIAL PROVISIONS 27-32
CERTIFICATION OF COMPLIANCE 33
Page 1
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing
Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until
4:00 PM on the 9 77T day of APR\\ , 19 #7 , at which
time they will be opened and read for performing the work as
follows: traffic signal and safety lighting at El Camino Real
and Elm Avenue.
CONTRACT NO. 3178
The work shall be performed in strict conformity with the
specifications 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
(10) 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. Bidder0s 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 $ 95,000
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 $ /0./P0 _ 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 Clerk. 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.
A prebid meeting and tour of project site will not be held.
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 one
hundred percent (100%) 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. g 9 ^ ty * adopted on the \~\ \V\ day of
;<?<f7
Date Aletha L . Rautenkranz, City C]/erk
Page 3
CITY OF CARLSBAD
CONTRACT NO. 3178
PROPOSAL
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 No. 3178 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:
11 em
Item Descrip. w/Unit Price or
No. Lump Sum Written in Words
1 .Traffic Signal and Safety
El Camino Real and Elm
Avenue at
r\
Approximate
Quantity
4 Unit
L.S.
Uni t
Price TOTAL
\'2f\ r^ $ %Q 12.7,v-
/<?/-; r
o A;h • n re o
A.' C3_
Alternative Bid Item
Median Island, Wheelchair
Ramp, Cross Gutter complete
in place at /-/ u v •*-' •** / & i(~ // /~
£ r' MO// oo -B
Total amount of bid in words: CtJg,
L.S $ 2.S?
^ ~D
"H-tOL
(-,A A/ Q
Total amount of bid in numbers: $ / O% 3 ~7 7 . "9o
Addendum (a) No(s) A,' o A/ f
received and is/are included in this proposal.
has/have been
If alternative is selected by the City, the Contractor's total
bid price will be adjusted to reflect the difference.
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 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
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 Counci Imember, 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 o / o /^> e- /- ^ /~3 . -, n _,- o
(Cash, Certified Check, Bond,or Cashier's Check)
for the exact dollar amount of ten percent (10%) of the amount
bid or 10% of the bid amount not to exceed
/ "'' ••''- • r /-i, o dollars. The figure in the blank must exceed
10% of the bid amount. Using "10% of the amount accompanying
bid" is not acceptable.
J-C-.UJ.4 (S-KJ)
(Curjwialion)
STATE7 Ol CA1 II OK MA
COUNTY OF San Diego
On April 9, 1987
said State, personally appeared Jack A. McCain
ss.
before me, the undersigned, a Notary Public in and for
personally known to me or proved to me on the basis
of satisfactory evidence lo be the person who executed
the within instrument as the
President, and Evangeline S. McCain
• personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the w ithin instru-
ment pursuant to its by-laws or a resolution of its board
of directors.
WITNESS mv hand and official se<
Signature
CHERYL ROSE
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
My Comw. E»p"*»Aug.3.1WO
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 workers0 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.
Phone Number Bidder's Name
Date Authorized Signature
S"V 3 O 2
(/ Authorized Signature
O r-fr T/ p A/,
Bidder's Address
_
Type of Organization
(Individual, Corporation, or
Partnership)
List below names of President, Secretary, Treasurer, and Manager
if a corporation; and names of all partners, if a partnership:
4. m
- /- / A/ P
(HOTARIAI ACKNOWLKDGEMEHT OF EXECUTION BY ALL PRINCIPALS MUST B
ATTACHED)
(CORPORATE SEAL)
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
Page 6
McCAIN CONSTRUCTION COMPANY, INC.
and FIDELITY AND DEPOSIT COMPANY OF MARYLAND
as
as
That we
Principal,
Surety, are held aTTdfirmly bound unto the City oTCar 1 s b a d,
California, in an amount as follows: for the exact dollar amount
of 10* of the bid amount not to exceed
TEN PERCENT OF THE BID Do 11 a r 8—(-$ ) . The figure in the blank
must exceed 10* of the bid amount
accompanying bid" is not acceptable.
Using " 1 0 ?i of the amount
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounden principal for:
Traffic Signal and Safety Lighting at El Camino Real and Elm Avenue,
CONTRACT NO. 3178 (BID DATE: 4-9-87)
in the City of Carlsbad, is accepted by the City Council of said
City, and if the above bounden Principal shall duly enter into
and execute a Contract including required bonds and insurance
policies within twenty (20) days from the date of Award of
Contract by the City Council of the City of Carlsbad, being duly
notified of said award, then this obligation shall become null
and void; otherwise, it -shall be and remain in full force and
effect, and the amount specified herein shall be forfeited to the
said City.
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
lstday of APRIL , 19»7 .
Corporate Seal (If Corporation)McCAIN CONSTRUCTION COMPANY, INC.
Principal
DEPOSIT COMPANY^-QF MARYLAND BY:
'--(f»ck A. McCain,
Evanj^eline S. McCain, Secretary
Title BETTIE L. GARCIAATTORNEY-IN-FACT (Notarial acknowledgement of
execution by all PRINCIPALS
(Attach acknowledgement of and SURETY must be attached.)
Attorney in Fact)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFHCE: SAtTlMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora
tion of the State of Maryland, by C. M. PECOT, JR. . Vice-President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Bettie L. Garcia of San Diego, California
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings.
the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
.................. 28th ................................ day o( ..... September ....................... _ A D 19 78 ......
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
ssistant Secretary Vicef resident
STATE OF MARYLAND \ ss:
CITY or BALTIMORE /
On thia 28th day of September , A.D. 19 78 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the FIDELITY AMD DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHKBEOF, I have hereunto set my hand and affixed my Official Seal, atjhe City of Baltimore, the day and year
first above written.
Notary Public Commission Expires....July...l.»...19.8.2
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
1st ....day of...AERIL 19_ 8 7
Assistant Stcrttary^r^ rLUI9Ctf.—IM. 012-9310
FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK
•FC-3G3 (8-82)
.Corporation)
STATE OF CALIFORNIA
COUNTV OF San Diego
April 9, 1987On
SS.
before me, the undersigned, a Notary. Public in and for
said State, personally appeared Jack A. McCain
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
Pre.>ident, and Evangeline S. McCain
personally known to me or
proved to me on the basis of satisfactory evidence to be
•he person who executed the within instrument as the
, Secretary of the Corporation
th->.t executed the within instrument and acknowledged
ic me that such corporation executed the within instru-
ment pursuant to its by-laws era resolution of its board
of directors.
WITNESS my hand and official^
Signature
^-OFFICIAL SEAL
CHERYL ROSE
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My Comm. Expires Aug. 3,1990
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:
Items of Full Company Complete Address Phone No.
Work Name w/Zip Code w/Area Code
Page
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.
Type of State Carlsbad Amount
Contracting Business of
Full Company Name License & No. License No.* Bid (? or %)
// O A' eL_
*Licenses are renewable annually. If no valid license,
indicate "NONE". Valid license must be obtained prior to
submission of signed Contracts.
N (2o .
Bidder's Company Name
(Notarize or
Corporate Seal) <^Z.Z Q ^A^/ A// TAr£
Bidder's Complete Address
A//
Authorized Signature
Page 9
BIDDER"S STATEMENT OF FINANCIAL RESPONSIBILITY
The Undersigned submits herewith a notarized or sealed statement
of his/her financial responsibility.
*JT~
UJiTH ~n+F CL l~Tu
(Notarize or
Corporate Seal)
Signature
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 can be used, if notarized or sealed.
C Date C CName and Phoned £ £
^Contract £Name and AddressCNo. of Person £ Type of ^Amount of C
CCompletedCof the Employer Cto Contact C Work ^Contract C
Ujg hi^t/£ XybNJg^ vv> P^M'-3-
<= dfTLy <=
"^ I C
C
"C
<: 0 <? « C
« C « £ C_
C 5 5 5 5"
(Notarize or / Signature
Corporate Seal)
Page 11
CONTRACT - PUBLIC WORKS
This agreement is made this ^?<ft^ day of s&£*z^/ _ » 19
tf</_, by and between the City of Carlsbad, Calif or niaj^/a?
municipal corporation, (hereinafter called "City"), and
McCain Construction Company _
whose principal place of business is 2220 Encinitas Blvd. , _
Encinitas, CA 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:
Traffic Signal and Safety Lighting at El Camino Real and Elm
Avenue. CONTRACT NO. 3178
(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 Bidders0 and Contractors0 Proposals; 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 Contractor's performance
of work under this Contract, City shall make payment to
Contractor per Section 9-3.2 of Standard Specifications for
Public Works Construction, 1982 Edition. The closure date
for each monthly invoice will be the 30th of each month.
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.
5. 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 unanticipated
underground conditions. Any information that may have been
furnished to Contractor by City about underground conditions
or other job conditions is for Contractors convenience only,
and City does not warrant that the conditions are as thus
indicated. Contractor is satisfied with all job conditions,
including underground conditions and has not relied on
information furnished by City.
6. Contractor Responsible for Unforeseen Conditions. 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 incurred 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.
7. 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
Page 13
by arbitration or litigation. The only person authorized to
order changes or extra work is the City Engineer. However,
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
prevailing rates of per diem wages for each craft or type of
worker needed to execute the Contract and a schedule
containing such information is in the City Clerk°s office,
and is incorporated 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 assume the defense of and
indemnify and hold harmless the City, and its officers and
employees, from all claims, loss, damage, injury and
liability of every kind, nature and description, directly or
indirectly arising from the performance of the Contract or
work regardless of, responsibility for negligence; and from
any and all claims, loss, damage, injury and liability,
howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by the
Contract, regardless of responsibility for negligence. The
expenses of defense include all costs and expenses, including
attorneys fees, for 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 the amount of $500,000 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 Contract
regardless of responsibility for negligence.
12. Proof of Insurance. Contractor shall submit to the City
certification of the policies mentioned in Paragraphs 10 and
Page 14
11 or proof of workers0 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
award of the arbitrator (s) shall be supported by law and
substantial evidence as provided by the California Code of
Civil Procedure, Section 1296.
1.4. 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
iaaintain the records at Contractors 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 (Governement
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 ma/le a part hereof.
actor*'
(Seal)
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
MT*ROVED AS TO FORM:
Assistant City Attorney
Page 15
on€racts~ $10,000
and above
City Manager, for Contracts
less than $10,000
ATTEST:
Contractor0 s Certification of Awareness of Workers
Responsibility.
Compensation
"I am aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for
workers0 compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the
work of this Contract."
IV. ui j/uiauuii;
STATE OF CALIFORNIA
COUNTY OF San Diego
May 4. 1987
said State, personally appeared Jarfr A. Mr.Cal
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and Evangeline S. McCain
. personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its board
of directors.
WITNESS mv hand and official-seal.
Signature
SS.
before me, the undersigned, a Notary Public in and Cor
OFFICIAL SEAL
CHERYL ROSE
NOTARY PUBUC - CALIFORNIA
SAN DIEGO COUNTY
My Comm. Expires Aug. 3,1990
Page 16
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. 9Q3Q , adopted 4-28-87 / has
awarded to McCain Construction Company (hereinafter
designated as the"Principal"),a Contractfor:
Traffic Signal and Safety Lighting at El Camino Real and Elm
Avenue. CONTRACT NO. 3178
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 Company ,
as Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held
firmly bound unto the City of Carlsbad in the sum of
Forty Thousand Sixty Three and 50/100 Dollars ($
40,063.50 ), said sum being fifty = per cent Tso% ) 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 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 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 attorney0s
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 17
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 execut
Contractor and Surety above named, on the ^^~ day of
by the
(Notarize or Corporate
Seal for each Signer)
Contractor
^ i/, ~m.
Surety
STATE OF CALIFORNIA
CITY A\'D COUNTY OF SAN DIEGO )
On thrs 4th day of MAY
personally appeared
19 87 , before me, the undersigned Notary Public, in and for the State,
ANGIE V. MAURICIO a person known to me (or proved to me on the basis of
satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf ot the
corporation therein named and acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 4th
?•' • Commission Expires
FORM 116 12/82
OFFICIAL SEAL
LORI 0. MARTIN
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My Corom. Expires Dec 21,1990
of MAY A.D. 19,
Notary Public.
Page 18
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 9030 / adopted 4-28-87 • has
awarded to McCain Construction Company ,
(hereinafter designated as the "Principal"), a Contract for:
Traffic Signal and Safety Lighting at El Camino Real and Elm
Avenue. CONTRACT NO. 3178
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 Company / as
Principal, (hereinafter designated as the "Contractor"), and
^__________^_^«__________ '
as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of Eighty Thousand One Hundred Twenty Seven and NO/100
Dollars (? 80.127.00 ) > said sum be ing equ ailto one hundred
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.
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
Page 19
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 1-J-&- day of
19 "-*
(Notarize or Corporate ,
Seal for Each Signer)
I/.
Surety
;ALIFORNIA )
) ss.:
CITY AND COUNTY OF SAN DIEGO )
On this 4th day of MAY 19 87 , before me, the undersigned Notary Public, in and for the State,
personally appeared ANGIE V. MAURICIO a person known to me (or proved to me on the basis of
satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the
corporation therein named and acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 4th
My Commission Expires
116 12/82
day MAY A.D. 19 87
Notary Public.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. V. BOBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Angle V. Mauricio, of San Diego, Calif o
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all "bonds and undertakings....
Vnd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf-of Angie V. Mauricio, dated
June 1, 1965.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
5J*. day of November t A.D, 19..J.L
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
By
Assistant Secretary Vice-President
STATE OF MARYLAND \ ss:
CITY OF BALTIMORE / .,
On this 9th day of November , _A.D. 19 764, before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and yearfirst above written. -.«-""••-.. .1 xi
Notary Public Commission Expires-JlLLy...!*—12.7.8.
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
dp further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
4th
L1419Ctf.—1M, 6-80 210997
.._.. day of. ..^........, .. ....
A ssistam Secretary
Page 20
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- sheets designated
as City of Carlsbad Drawing No. 262-4 • The standard
drawings utilized for this project are the San Diego Area
Regional Standard Drawings, hereinafter designated SDRS, 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
approved 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
Page 21
and words of similar import shall be
~~.~ to mean "as required to properly complete the
rk as required and as approved by the City Engineer",
less stated otherwise.
"required"
understood
wo rk
un
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.
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
A const rue t i on
per Section
preconstruction
schedule is to
6-1 of the
confe rence.
be submitted by
SSPWC at the
the Contractor
t i me of the
If the completion date shown on the "Notice to Proceed"
letter is not met. by the Contractor, he will be assessed the
sum of $500 per day as liquidated damages for each working
day beyond the completion date.
Page 22
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 sixty (60)
consecutive calendar days from the date of receipt of said
"Notice to Proceed."
6 . NONCONFORMING WORK
The Contractor shall
conforming to the plans
by the City Engineer,
nonconforming work shall
7. GUARANTEE
remove and replace any work not
or specifications upon written order
Any cost caused by reason of this
be borne by the Contractor.
All work shall be guaranteed for one (1) 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.
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 (2) copies to the City Engineer.
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 wo rk shall be
Construction Inspector,
any or all part s of
furnish Inspectors with
under the observation of a City
Inspectors shall have free access to
work at any time. Contractor shall
such information as may be necessary
to keep her/him fully 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.
Page 23
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.
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, 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,
erect, or install the material, apparatus, equipment, or
process indicated or specified. Such substitution of
proposals shall be made prior to beginning of construction,
Page 24
if possible, but in no case Less than ten (10) days prior to
actual installation.
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
will be issued by the City of Carlsbad at no charge to the
Contractor. The Contractor is responsible for all other
required licenses and fees.
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 given an
equivalent extension of time.
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
Page 25
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. UTILITIES
Utilities for the purpose of these specifications shall be
considered as including, but not limited to pipe lines,
conduits, transmission lines, and appurtenances of "Public
Utilities" (as defined in the Public Utilities Act of the
State of California) or individualy solely for their own use
or for use of their tenants, and storm drains, sanitary
sewers, and street lighting. The City of Carlsbad and
affected utility companies have, by a search of known
records, endeavored to locate and indicate on the Plans all
utilities which exist within the limits of the work.
However, the accuracy or completeness of the utilities
indicated on the Plans is not guaranteed. Service
connections to adjacent property may or may not be shown on
the plans. It shall be the responsibility of the Contractor
to determine the exact location and elevation of all
utilities and their service connections. The Contractor
shall make his/her own investigation as to the location,
type, kind of material, age and condition of existing
utilities and their appurtenances and service connections
which may be affected by the contract work, and in addition
he/she shall notify the City as to any utility,
appurtenances, and service connections located which have
been incorrectly shown on or omitted from the plans.
The Contractor shall notify the owners of all utilities at
least 48 hours in advance of excavating around any of the
structures. At the completion of the contract work, the
Page 26
Contractor shall leave all utilities and appurtenances in a
condition satisfactory to the owners and the City. In the
event of damage to any utility, the Contractor shall notify
the owners of the utility immediately. It is the
responsibility of the Contractor to compensate for utility
damages.
The temporary or permanent relocation or alteration of
utilities, including service connections, desired by the
Contractor for his/her own convenience shall be the
Contractor's own responsibility, and he/she shall make all
arrangements regarding such work at no cost to the City. If
delays occur due to utilities relocations which were not
shown on the Plans, it will be solely the City°s option to
extend the completion date.
In order to minimize delays to the Contractor caused by the
failure of other parties to relocate utilities which
interfere with the construction, the Contractor, upon
request to the City, may be permitted to temproarily omit
the portion of work affected by the utility. The portion
thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved
unless otherwise directed by the City.
All costs involved in locating, protecting and supporting of
all utility lines shall be included in the price bid for
various items of work and no additional payment will be
made.
20. WATER FOR CONSTRUCTION
The contractor shall obtain a construction meter for water
utilized during the construction under this contract. The
contractor shall contact the appropriate water agency for
requirements. The contractor shall include the cost of
water and meter rental within appropriate items of the
proposal. No separate payment will be made.
Page 27
SPECIAL PROVISIONS
TRAFFIC SIGNAL AND HIGHWAY LIGHTING SYSTEM
The furnishing and installing of traffic signals and highway
lighting shall conform to the provisions of Section 86,
"Signals and Lighting" of the Standard Specifications of the
State of California, Department of Transportation, July 1984,
and these Special Provisions.
STANDARD PLANS
Standard plans referred to on the signal plans and these
Special Provisions for signal work shall be the Standard Plans
of the State of California, Business and Transportation Agency,
Department of Transportation, dated July 1984.
EQUIPMENT LIST AND DRAWINGS
Equipment list 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,
so that when the cabinet door is fully open, the drawing is
oriented with the intersection.
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 conbined into one manual.
The maintenance manual or combined maintenance and operation
manual shall be submitted at the time the controller is
delivered for testing, or, if ordered by the Engineer,
previous to purchase. The maintenance manual shall include,
but need not be limted to, the following items:
(a) Specifications
(b) Design characteristics
(c) General operation theory
(d) Function of all controls
(e) Detailed circuit analysis
(f) Troubleshooting procedure (diagnostic routine)
(g) Voltage charts with wave forms
(h) Block circuit diagram
(i) Geographical layout of components
(j) Schematic diagrams
(k) List of replaceable component parts with stock numbers
Page 28
The Contractor is required to submit to the Engineer "as-
built" prints, prior to the City's accepting the installations.
The prints shall indicate in red all deviations from the
contract plans such as location of poles, pull boxes and runs,
depths of conduit, number of conductors and other appurtenant
work for future references.
The Contractor shall also furnish cabinet inventory sheets.
These sheets shall include serial and model numbers of all
equipment contained in the cabinet.
FOUNDATIONS
Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these
Special Provisions.
Portland cement concrete shall conform to Section 90-10,
"Minor Concrete," of the Standard Specifications and shall
contain not less than 564 pounds of cement per cubic yard
for pole foundations.
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 and these Special
Provisions.
In addition to identifying each pole shaft as detailed on
ES-6S of the State Standard Plans, the Contractor shall also
identify each mast arm for all signals and luminaires. The
stamped metal identification tag shall be located on the mast
arm near the butt end and shall contain the same information
required by ES-6S.
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 be used only where specifically
noted and shall be Schedule 80.
Rigid metal conduit to be used as a drilling or jacking
rod shall be fitted with suitable drill bits for the size hole
required.
Insulated bonding bushings will be required on metal conduit.
Conduit shall be placed under existing pavement by jacking or
bori ng.
Page 29
After conductors have been installed, the ends of conduits
terminating in pull boxes and controller cabinet shall be
sealed with an approved type of sealing compound.
Conduit runs are shown in schematic form only. Actual
installation shall be done in the most direct manner.
PULL BOXES
Pull boxes shall conform to the provisions of Section 86-2.06
"Pull Boxes" of the Standard Specifications and these special
provisions.
In unimproved areas, install pull box markers and marker posts
CONDUCTORS AND WIRING
Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09,
"Wiring," of the Standard Specifications, and these Special
Provisions.
Conductors No. 8 AWG 'and larger shall be stranded.
SPLICE INSULATION
Splice insulation shall conform to the provisions in Section
86-2.09E, "Splice Insulation," of the Standard Specifications,
and these Special Provisions.
Conductors No. 10 AWG or larger shall be spliced by the use
of "C" chaped compression connectors.
Splices shall be insulated by "Method B."
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 signal standard or controller pedestal
and shall be run to the conduit, ground rod or bonding wire
in adjacent pull box.
Grounding jumper shall be visible after cap has been poured
on foundation.
Page 30
SERVICE
Service shall conform to the provisions in Section 86-2.11,
"Service," of the Standard Specifications and these Special
Provisions.
The Contractor shall notify the Engineer in writing at least
15 days in advance of the date on which he desires any service
connections or disconnects to be made. The Contractor shall
be entitled to no extension of time or other compensation for
any delay to this operation resulting from his failure to give
the prescribed notification.
The fourth paragraph of Section 86-2.11 is amended as follows:
It shall be the Contractor's responsibility to verify the
location of and to make arrangements for and to pay for all
costs to provide the necessary connection for the traffic signal
and lighting system.
TESTING
Testing shall conform, to the provisions in Section 86-2.14,
"Testing," of the Standard Specifications and these Special
Provisions.
In lieu of state testing, the testing of traffic signal equipment,
including controller units, fully wired cabinets and auxiliary
equipment as specified in Section 86-3, "Controllers," of
the Standard Specifications, will be performed by an agency
designated by the City of Carlsbad. Approximately 21 days
will be required for testing and notification of the final
results.
Turn-on of the new traffic signal system shall not be made on
Friday or the day preceding a legal holiday. The Traffic
Engineer shall be notified at least 48 hours prior to the
intended "turn-on."
SOLID-STATE TRAFFIC ACTUATED CONTROLLERS
Solid-state traffic-actuated controller units, cabinets, and
auxiliary equipment shall conform to the provisions in Section
86-3, "Controllers," of the Standard Specifications and these
Special Provisions.
The Type 170 controller assembly, 332 cabinet, and other
equipment required to provide a complete control system shall
3e__£u^fl4-sJaed^ and installed.
Page 31
The controller shall be supplied with emergency vehicle pre-
empt and internal coordination compatable with the existing
direct wire interconnect system to the north.
Nothing in these Special Provisions shall relieve the Contractor
from his responsibilities as provided under Section 7-1.09,
"Public Safety," of the Standard Specifications.
SALVAGED EQUIPMENT
All salvaged equipment shall be delivered to the City yard.
The loop detector lead-in cables shall be Type C 2 #14.
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 detection area
of the detector at not less than 3 miles per hour nor more than
7 miles per hour. The detector shall provide an indication in
response to this test.
INTERNALLY ILLUMINATED STREET NAME SIGN
Internally illuminated street name signs shall conform to the
provisions in Section 86-6.05 "Sign Lighting Fixtures
Fluorescent" of the State Standard Specifications and these
Special Provisions.
The internally illuminated street name sign units (ISNS)
shall be Type A.
The sign legends shall be white on green with 8-inch uppercase
and 6-inch lowercase letters. Minimum copy size for the legend
shall be Series C with Series D or E copy being used where
message length permits.
Details of color, style, borders, and spacing shall conform to
the standards established by the State of California, Department
of Transportation. "Periods" shall not be used on abbreviations.
The full-size layout for each legend shall be submitted to the
City Engineer for approval prior to fabrication.
Page 32
A V close nipple and LB condulet shall be installed on the
back side of signal mast arm at the coupling point provided.
The Cable between sign and condulet shall be 3-conductor AWG
No. 16 Type SJO. The green conductor of the cable shall be
used for grounding between sign housing and condulet. The
cable shall enter the sign housing and condulet through
neoprene bushed GGB connectors. The cable shall be dressed
in a neat arc between sign and condulet with sufficient slack
to facilitate sign swing.
Electrical switching shall be by individual photocell control.
Photocells shall be mounted mid-point along the median line
of the top of sign housings and shall be plug-in type.
HIGH INTENSITY DISCHARGE LUMINAIRES
Luminaires shall conform to the provisions in Section 86-6.01,
"High Intensity Discharge Luminaires," of the Standard
Specifications and these Special Provisions.
The luminaires to be installed shall be 120 volt cut-off
type high pressure sodium vapor with integral constant wattage
ballast and Type IV photoelectric control. The luminaires
shall be furnished with lamps, photoelectric control units,
and detachable power unit assemblies. The power unit assemblies
shall contain the ballast, starter board, capacitors, and a
heavy duty terminal block.
The luminaire shall provide true ninety-degree (90 degree)
cut-off with no light emitted above the horizontal. The lower
edge of the luminaire housing shall extend below the light
source and all glassware. Glare shields external to the
luminaire will not be accepted.
The luminaire optical assembly shall be sealed, water-tight,
and filtered to prevent contamination from infiltration
of gaseous and particulate matter. The lamp socket shall
be factory preset to produce a medium cut-off IES Type III
light distribution. The optical assembly door hinge shall
be designed to prevent the door from swinging free of the
hinge pins when opened.
PAYMENT
The lump sum price paid for traffic signal and safety lighting
shall include all equipment, material, incidentals, tools,
labor and items of work.
Page 33
Concrete Curbs and Gutters, Cross Gutters, and Wheelchair Ramps:
General. The above items shall conform to the details shown
on the plans and Section 303-5 of the Standard Specifications
for Public Works Construction.
Asphalt Concrete Paving:
General. The asphalt concrete paving shall conform to the
details on the plans and Section 302-5 of the Standard
Specifications for Public Works Construction and these
provisions. Asphalt concrete shall be B-Ar-4000.
Untreated Base:
Untreated base shall be crushed aggregate base and shall
conform to Section 301-2 of the Standard Specifications for
Public Works Construction on a subgrade prepared in
accordance with Section 301-1.
Payment:
Lump sum
p ayment
s t amped
a s shown
t he re fo r.
price bid for the alternative bid item shall include
for the construction of cross gutters, median curb,
concrete, wheelchair ramp and concrete cross gutters
on the plans, and no other compensation will be made
Payment for the removal and disposal of all concrete cross
gutters, curbs, and asphalt concrete shall be included in the
lump sum price bid paid for the alternative bid item and no
additional payment will be made.
Page 34
CERTIFICATION xQF COMPLIANCE
I hereby certify that fr. . .
Legal Name of Contractoror
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.
Date Signature'(Seal
(NOTARIZE OR CORPORATE SEAL)
(Notarial acknowledgement of execution by all principals must be
attached.)
FC-3Q3 (8-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego
On April 4. 1987
SS.
before me, the undersigned, a Notary Public in and for
said State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, XH& Evangeltng S. McCain
__ personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
. _ Secretary of the Corporation"
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its board
of directors.
WITNESS myad and official,
Signature
OFFICIAL SEAL-
CHERYL ROSE
NOTARY PUBUC • CALIFORNIA
SAN OIEGO COUNTY
My Comm. Expirej Aug. 3,1990 v