HomeMy WebLinkAboutMCR Electrical Contractors Inc; 1996-04-25; 3496I
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CITY OF CARLSBAD
San Diego County
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I California
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CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND
LA COSTA CANYON HIGH SCHOOL
I CONTRACT NO. 3496
811 /9! I. 6B
TABLE OF CONTENTS item Pacre
NOTICE INVITING BIDS . . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , 1
CONTRACTOR’SPROPOSAL ............................................. 4
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . , 9
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . , . . , . . . . . . . . . . . , . . . . . , . . . 13
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . 15
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . 16
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 17 P CONTRACT - PUBLIC WORKS , . . . . . . . . . . . , . . . . . . . . . . . , . . , . . . . . . . , . , . . , . , 18
LABOR AND MATERIALS BOND . , , . , . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . , . , 26
PERFORMANCE BOND . . . . . . . . . . . , . . . . . , . . . . . . . . , . . , . , . . , . . . . . . . . . . . . . . 28
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ESCROW AGREEMENT FOR SURETY 0. DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
RELEASEFORM ...................................................... 35
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION . . . . . . , . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 37
II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC I
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WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . . . . 46
Ill. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . 49
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CITY OF CARLSBAD, CALIFORNIA
Sealed bids will be received at the Office of the Purchasing Officer, City Hall-, 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4: 00 prn on the 13th day
of MARCH 1994, at which time they will be opened and read, for performing the
work as follows:
I NOTICE INVITING BIDS
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TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND LA COSTA CANYON HIGH SCHOOL
PROJECT NO. 3496
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the Crty of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard Specifications of Public Works Construction, (SSPWC), 1994
Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern
California Chapter of the American Public Works Association and as amended by the special
provisions sections of this contract. Reference is hereby made to the specifications for full
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available and where appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder's security of the second and third next lowest responsive bidders may be withheld
until the Contract has been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is
awarded. Pursuant to the provisions of law (Public Contract Code Section 22300), appropriate
securities may be substituted for any obligation required by this notice or for any monies withheld
by the City to ensure performance under this Contract. Section 22300 of the Public Contract
Code requires monies or securities to be deposited with the City or a state or federally chartered
bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit Experience
4. Contract
5. Designation of Subcontractors Certification
6. Amount of Subcontractors' Bid
7. Bidder's Statement of Financial Responsibility
8. Bidder's Statement of Technical Ability and
9. Purchasing Department Representation and
10. Escrow Agreement for Security Deposits (optional)
All bids will be compared on the bads 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 $90,000.
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No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state its license number, expiration date
and classification in the proposal, under penalty of perjury. The following classifications are
acceptable for this contract: A, C10, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non-refundable fee of $15.00 per set. If plans and specifications are to be mailed, the cost
for postage should be added.
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 Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting
and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer"
for the purposes of Section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated
in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
between words and figures, the words shall prevail. In case of an error in the extension of a unit
price, the corrected extension shall be calculated and the bids will be computed as indicated
above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed
or written in with ink and must be initialed in ink by a person authorized to sign for the
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1 Contractor.
Bidders are advised to veri the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection
of bid. 1
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Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (1 00%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. These bonds shall
be kept in full force and effect during the course of this project, and shall extend in full force and
effect and be retained by the City until they are released as stated in the Special Provisions
section of this contract. All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to
contain the following documents:
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1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to
do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code,
within 10 calendar days of the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of
insurance in the State of California by the lnsurance Commissioner. Auto policies offered to
meet the specification of this contract must: (1) meet the conditions stated above for all
insurance companies and (2) cover anv vehicle used in the performance of the contract, used
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certificate must state the coverage is for “any auto“ and cannot be limited
in any manner.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers’ com pensat ion insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution
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No. 95-377 , adopted on the 14th day of NOVFMBER , 19 95 .
‘LW I Dap Aletha L. Rautenkranz, City Clerk / 22 1996 A
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CITY OF CARLSBAD
TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND LA COSTA CANYON HIGH SCHOOL
PROJECT NO. 3496
CONTRACTOR'S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. 3496 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:
Approximate
Item Quantity I No. Description and Unit Total
1 Traffic Signal at Lump Sum
%%TU FaJR T~~oLBML WE UUNDR€D
hb\&€' 4 do/,- e emf5
Dollars (Lurnp'Sum)
2 Signing & Striping at Lump Sum
mRf-% TWU5ANV. A\&E I-NbDRED
-4 Ao/ioa C%Q=
Dollars (Lump Sum)
3 Traffic Control at Lump Sum
rnE%OOSA&D, 4 40~00 CENT5 I Dollars (Lump Sum)
Total amount of bid in words
Total amount of bid in numbers: $
Price@) given above are firm for 90 days after date of bid opening.
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Addendum(a) No@). EaO&
proposal.
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California, validly licensed C
under license number &a\\\\ , classification 6 * \O which expires,
on %.%\I C9iL
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. § 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code 3 201 04.
The Undersigned bidder hereby represents as follows:
has/have been received and is/are included in this
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, and that this statement is true and correct and has the legal effect
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid
hereunder; that no representation, oral or in writing, of the City Council, its officers,
agents, or employees has inducted him/herto 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 bLbBp%D (Cash, Certified Check, Bond
or Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
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(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE: 1
I by a general partner)
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made
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(3) Place of Business u (Street and Number)
City and State
(4) Zip Code Telephone No.
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I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORFUA
before me, NICOLE TEGHTMEYER, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E G "JANE DOE, NOTARY PUBLIC"
personally appeared MARTIN G. MMIREZ
NAME(S) OF SIGNER(S)
B personally known to me - OR - proved to me on the basis of satisfactory evidencc
to be the person(s) whose name(s) is/ari
subscribed to the within instrument and ac
knowledged to me that he/she/they executec
the same in his/her/their authorize(
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s:
or the entity upon behalf of which thc
person(s) acted, executed the instrument
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY SIGNER
SECRETARY TITLE OR TYPE OF DOCUMENT TITLE@)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
MCR ELECTRICAL CONTRACTORS, INC.
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 * Canoga Park, CA 91:
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
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5ECRG-7ARy
Title
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impress Corporate Seal here
(3) Incorporated under the laws of the State of c BksFORfiBA
(4) Place of Business .&TO A bAy bL\aD .
(Street and Number) 1 City and State 6\&d-b+ \I6TA + (!,,A .
/
(5) Zip Code 9 \? a\ Telephone No. 6\9 8 575 - &&s\
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE 1. A7TACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners: I CARLhS \aANhiREZ * ~%E5\D€N~
MARTkd G. PAM 1 \.&E “5EGRETAR.
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BID SECURITY FORM
(Check to Accompany Bid)
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(NOTE: The following form shall be used if check accompanies bid.) 1.
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY
OF CARLSBAD, in the sum of
dollars ($ ).
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check
shall become the property of the City provided this proposal shall be accepted by the City
through action of its legally constituted contracting authorities and the undersigned shall fail to
execute a contract and furnish the required Performance, Warranty and Payment Bonds and
proof of insurance coverage within the stipulated time; otherwise, the check shall be returned
to the undersigned. The proceeds of this check shall also become the property of the City if the
undersigned shall withdraw his bid within the period of fifteen (1 5) days after the date set for the
opening thereof, unless otherwise required by law, and notwithstanding the award of the
contract to another bidder.
I BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
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BIDDER’S BOND TO ACCOMPANY PROPOSAL
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KNOW ALL PERSONS BY THESE PRESENTS:
That we,HCR ELECTRICAL CONTRACTORS, INC. , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as
follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF BID (10% OF BID)
for which payment, well and truly made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
, as Principal, and THE EXPLORER INSURANCE COMPANY io
TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND LA COSTA CANYON HIGH SCHOOL
PROJECT NO. 3496
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into
and execute a Contract including required bonds and insurance policies within twenty (20) days
from the date of award of Contract by the City Council of the City of Carlsbad, being duly
notified of said award, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
(BID DATE: 3-13-96)
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I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County Of SAN DIEGO
before me,
MARTIN G. RAMIREZ
NICOLE TEGEDEYER, NOTAR.. PUBLIC
DATE NAME TITLE OF OFFICER E G "JANE DOE NOTARY PUBLIC"
NAME(S) OF SIGNER@)
personally known to me - OR - 'd proved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) is/ar
subscribed to the within instrument and ac
knowledged to me that he/she/they execute
the same in his/her/their authorize
capacity(ies), and that by his/her/the
signature(s) on the instrument the person(s
or the entity upon behalf of which th
person(s) acted, executed the instrumen
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prev
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN'
H CORPORATE OFFICER
SECRETARY TITLE OR TYPE OF DOCUMENT
TITLE(S)
c] ATTORNEY-IN-FACT NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
MCR ELECTRICBL CONTRACTORS, INC. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 - Canoga Park, CA I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
CALIFORNIA
County of SAN DIEGO
3-4-96 before me, KATHLEEN MAGDALEN EiEERS, NOTARY PWLI
DATE NAME TITLE OF OFFICER E G "JANE DOE NOTARY PUBLIC"
personally appeared CARLOS RAmREZ
NAME(S) OF SIGNEP(S)
personally known to me - OR - n proved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) is/ar
subscribed to the within instrument and ac
knowledged to me that he/she/they execute
the same in his/her/their authorize
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s
or the entity upon behalf of which th
person(s) acted, executed the instrumen
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could previ
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN1
PRESIDENT TITLE OR TYPE GF DOCUMENT TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIANKONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
MCR ELECTRIC& CONTRACTORS, INC. SIGNER(S) OTHER THAN NAMED ABOVE
-- -
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CA 9 I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~IFORNIA
County of SAN DIEa
3-4-96 before me, NICOLE TEGHTMEPER, NOTARY PUBLIC 1
personally appeared VALERIE M. PEARCE I
DATE NAME TITLE OF OFFICER E G "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac.
knowledged to me that he/she/they executec
the same in his/her/their authorizec
capacity(ies), and that by his/her/theii
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
-(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER@) OTHER THAN NAMED ABOVE
BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CA 91
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In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
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Executed by PRINCIPAL this ~TH day Executed by SURETY this 4M day
of #ARCH --- 9 1 9%. of MARCH } 19x.
PRINCIPAL: SURETY:
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THE EXPLORER INSURANCE COMPANY
(name of Surety)
5725 KEARNY VILLA RD., STE. R SAM DIECO, CA 92123
(address of Surety)
MARTIN C. RAMIREZ (619)279-3800
(print name here) (telephone number of Surety)
SECRETARY/MCR ELECTRICAL CONTRACTORS. INC. By:
VALERIE fl. PEARCE, ATTORNEY-IN-FACT ~
I_-- (printed name of Attorney-in-Fact)
CARLOS RAMIREZ
(print name here) (Attach corporate resolution showing c:irreni
power of attorney.) PRESIDENT/EICR ELECTRICAL CONTRACTORS, INC.
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.) 8
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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By:
JANE MOBALDI
Deputy City Attorney
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The Explorer Insurance Company
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HOME OFFICE: SAN OIEGO. CAUFOANIA
POWER OF ATTORNEY
KNCW ALL MEN BY THESE PRESENTS: That THE EXPLORER INSURANCE CSMPANY. an Arizona Corporation. does hereby appc
VALERIE M. P?%XCF.
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its true and lawful Attorney(s)-in-Faa, with fuil power and authority. to execute, on benalf of :he Company. fiaeiity and surety bonds. under
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and Sealed by facsimile under ?he autnority of the !allowing Resolution adocted SY *
of Cirectors an the 2Znd day of November. 1994. wnich sard &fsaiution has not b88n dm8nd8d or rescinded and of whia the foilow
true copy:
'RESOLVED. that the Chairman of the 3oard. the Prasident. an Executive Vice President or a Senior Vics President of !he C(
and aach of them. is hereby authorized to execute ?owers cf Atrorney qualifying :he attorney named in the given Power of Attorney to
on 3enalf of the Company. fideiiry and surety bonds, uncertakings. or other wntracts of suretyship of a similar nature: and to ana61
the seal of the Company; provided however. that the absenca of Me ssai shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of SUC~ officers and the teal of the Company, and the siqnatures of any witnes
signatures and seal of any notary. and the sipnatures of any officers certifying the validity of the Powar of AtIorney. may be aifixed by fa
IN WITNESS WHERECF. THE EXPLORES INSURANCE COMPANY has Caused these presents to be signed by its duly authorized
ME SPLORE2 INSURANCE C3MPANY fJ) ecP,o**a..;+-@
STATE OF CALIFORNIA ss: I CCUNTY OF SAN OIEGO
Onthis March 27-, 1995 before me penonally appeared John L Hannum. Senior Vice President of THE U
INSURANCE COMPANY, personally known to me to be the individual and officer who executed the within instrument. and acknow
me tnat he executed the same in his offiaal capacity and that by his signature on the instrument the corporation on behalt of which
executed the insburnent
WITNESS my hand an
CSFITIFICATE:
1. Alden F. Miller, 111. Assistant Vice President of THE EXPLORER INSURANCE COMPANY. do hereby certify that the origin
OF ATTORNEY, of which the foregoing is a true copy, is still in fuil force and effect. and that this certificate may be signed by faai
the authority of the above quoted resolution.
IN WITNESS WHEREOF. I have subscribed my name as Assistant Vice President. on this 4TH Jay, of
MARCH 19 96.
THE EXPLORER INSURANCE COMPANY I. (Q) +,.;r0", e- 2 -
Alden F. Miller. Ill. Assistant Vice President
CYD 77
RolmcT 7. 'DRIVER CO,, N
Jerry Hidl
Your tepramtatfue
(619) 238-1828
1620 FIFTH AVE., SAN DIEGO, CA 921M
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GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATORS & AMOUNT
OF OWNER OPERATOR WORK" FORMS
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REFERENCES Prior to preparation of the following Subcontractor and Owner Operator
disclosure forms Bidders are urged to review the definitions in Section 1-2
SSPWC especially, "Bid," "Bidder," "Contract," "Contractor," "Contract
Price," "Contract Unit Price," "Engineer," "Subcontractor" and "Work" and
the definitions in Section 1-2 of the Special Provisions especially "Own
Organization" and "Owner Operator/Lessor." Bidders are further urged to
review the following sections of the Special Provisions 2-3.1 "General," 2-
3.3 "Subcontractor Items of Work," 2-3.4 "Owner Operators" and 2-3.5
"Penalties and Remedies."
Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Bids that
propose performance of more than 50 percent of the work by other than
the Contractor's own organization will be rejected as non-responsive.
Bidders shall use separate disclosure forms for each Subcontractor or
Owner Operator/Lessor (O+O) of manpower and equipment that is
proposed to be used to complete the Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or
Owner Operator/Lessor the percentage of the bid item installed by the
Subcontractor or Owner Operator/Lessor being listed in the line of the
form must be entered under the column "O/O of Item by Sub" or "O/O of
Item by 0+0 as applicable. If a Subcontractor or Owner Operator/Lessor
installs or constructs any portion of a bid item the entire amount of the
Contract Unit Price shall be multiplied by the Quantity of the bid item that
the Subcontractor or Owner Operator/Lessee installed.
Suppliers of materials from sources outside the limits of work are not
subcontractors. The value of materials and transport for materials from
sources outside the limits of work, as shown on the plans, shall be
assigned to the Contractor or to the Subcontractor, as the case may be,
installing them.
The item number from the "CONTRACTOR'S PROPOSAL (Bid Sheets)
shall be entered in the "Bid Item No." column.
When a Subcontractor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid
business license enter "NONE" in the appropriate space.
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INSTRUCTIONS
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Bidders shall make any additional copies of the disclosure forms as may
be necessary to provide the required information. The number of
additional form pages shall be entered on the first form page of each type
so duplicated.
Bidder may, at its option, combine bid items on a single row in the chart
on the disclosure forms. If using this option the Bidder must indicate the
bid item numbers to which the information in the row pertains. This option
may pJ be used where the subcontractor or owner operator/lessor is
constructing or installing less than 100 percent of a bid item. The
percentages and dollar amounts may be the sums of the bid items listed
in that row.
When the Bidder proposes using a subcontractor or owner
operator/lessor to construct or install less than 100 percent of a bid item
the Bidder must attach an explanation sheet to the designation of
subcontractor or designation of owner operator/lessor forms as
applicable. The explanation sheet must clearly apprise the Agency of the
specific tasks, materials and/or equipment that are proposed to be so
supplied.
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DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required. This form must be
submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct
information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in
preparing this bid for the Work and that the listed subcontractors will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and Section 4100 et seq. of the Public Contracts Code- "Subletting and
Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor
will be allowed to perform any portion of the Work and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
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Full Company Name: \NTFRS TpJk STRp; ?)fir, OF ~~4i.!~~R~. \,&
Complete Address: Y, 0. BOX 2!&0
Street
,EL ChAGN CA . 92021
City State Zip
Telephone Number plus Area Code: (6\7 o 4&g 1 6 4\5
California State Contractors License No. &Classification: 4'2 17 7.7 c* 3bL
Carlsbad Business License No.: Ud /(fl O\k/lJ
of pages of this form -- Page
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DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WORK
The Bidder MUST complete each information field on this form for each owner operatorllessor
(O+O) that it proposes to use to perform any portion of the Work, in an amount in excess of 0.5
percent of the Prime Contractor’s bid or $1 0,000, whichever is greater.. Additional copies of this
form may be attached if required. This form must be submitted as a part of the Bidder’s sealed
bid. Failure to provide complete and correct information may result in rejection of the bid as
non-responsive. Except for the individuals listed below the Bidder certifies that no owner
operator/lessor will be allowed to perform any portion of the Work. The Bidder further certifies
that no changes in the owner operator/lessor listed work will be made except upon the prior
approval of the Engineer. Provide a separate sheet for each Owner OperatorILessor. See section
1-2 of the Special Provisions for definition of Owner Operator/Lessor.
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Full Owner Operator/Lessor Name: NQbk
Complete Address:
Street 1 City State Zip
Telephone Number plus Area Code:
OWNER OPERATOR WORK ITEMS
of pages of this form Page- -
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
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Bidder submits herewith a statement of financial responsibility. I.
UG5 &sztd Ltd %US\r3E55 5iQcE auu 1954%
b=% ST’&- -%q- WG A- %MWclAk e~-5F0\3S\~. I 1
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
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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.
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Name and Address No. of Person
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
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BY BIDDER AND SUBMITIED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1
County of 1 ) ss.
W&Rqd G. e~tw~~z
(Name of Bidder)
and says that he or she is
, being first duly sworn, deposes
1.
=~ARY
(Title)
of hi\G R E-LTR1-L aAT-TQRS, \Nc
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the \/L -n\ day of Wuscb?.
!e
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Subscribed and sworn to before me on the l2”ih day of Plaf& 1 19-2 4b
O&Te a (NOTARY SEAL)
Signature of Notw NI@OLE TEGHTPdiEYER
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MCR ELECTRICAL CONTRACTORS, INC.
FINANCIAL STATEMENTS
AND ACCOUNTANTS' COMPILATION REPORT
FOR THE SIX MONTHS ENDED JULY 31, 1995
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MCR ELECTRICAL CONTRACTORS, INC.
0 BALANCE SHEET
(Unaudited - See Accountants' Compilation Report)
JULY 31, 1995
ASSETS
Cash $ 51,447 Accounts receivable 170,621 Otner receivables 1,132 Prepaid expenses 33,105 Costs and estimated earnings is excess of
259 , 173
515 , 478
-- CURRENT ASSETS
billings on uncompleted contracts
Total Current Assets
PROPERTY AND EQUIPMENT - net of $334,957
accumulated depreciation 101,557
OTHER ASSETS - Deposits 2 , 973
$620,008
LIABILITIES AND STOCKHOLDERS' EQUITY
Current portion of long-term debt $ 31,758
Accounts payable 350,571
Accrued expenses 5,431 Accrued payroll and related taxes 2,098
Billings in excess of costs and estimated
earnings on uncompleted contracts 19,939
Total Current Liabilities 409,797
LONG-TERM DEBT - less current portion above 20,710
NOTES PAYABLE TO STOCKHOLDERS 188,670
STOCKHOLDERS' EQUITY
@ CURRENT LIABILITIES
Capital stock - no par value; 100,000 shares authorized, issued and outstanding 100,000
shares at stated value 15,000
Deficit (14,169)
Total Stockholders' Equity 831
$620,008
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CONTRACT- PUBLIC WORKS
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e This agreement is made this e day of 1 , 19&, by and
between the City of Carlsbad, California, a municipal Korporation, (hereinafter called "City"), and
whose principal place of
business is 4170 A BAY BLVD, CHULA VISTA CA 91911
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1.
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MCR ELECTRICAL CONTRACTORS, IMC.
Description of Work. Contractor shall perform all work specified in the Contract documents
for:
TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND LA COSTA CANYON HIGH SCHOOL
CONTRACT NO. 3496 I (hereinafter called "project")
I 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.
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow
Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all
proper amendments and changes made thereto in accordance with this Contract or the
Plans and Specifications, and all bonds for the project; all of which are incorporated herein
by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work
as indicated, specified, and implied by the Contract Documents. Any items of work not
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor's expense to fulfill the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent of the Contract
Documents, and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materials suppliers of this condition of the
Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per Section 9-3 of the Standard SDecifications
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public
Works Association, and as amended by the Special Provisions section of this contract.
The closure date for each monthly invoice will be the 30th of each month. Invoices from
the Contractor shall be submitted according to the required City format to the City's
assigned project manager no later than the 5th day of each month. Payments will be
delayed if invoices are received after the 5th of each month. The final retention amount
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shall not be released until the expiration of thirty-five (35) days following the recording of
the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 201 04.50 requires a summary of its contents to be set forth
in the terms of the contract. Below is such a summary. However, contractor should refer
to Public Contract Code section 201 04.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputed and
properly submitted payment request from a contractor on a' construction contract. If
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the city shall pay interest to the contractor equivalent to the legal
rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the city determines
that the payment request is not proper, then the request shall be returned to the contractor
as soon as practicable but not later than seven (7) days after receipt. The returned request
shall be accompanied by a document setting forth in writing the reasons why the payment
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If the city fails to return the denied request within the seven (7) day time limit, then the
number of days available to the city to make payment without incurring interest shall be
reduced by the number of days by which the city exceeds the seven (7) day return
requirement.
"Progress payment" includes all payments due contractors except that portion of the final
payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this contract (hereinafter
"Release Form") shall be submitted prior to approval of each progress payment. The
contractor shall list all disputed claims or potentially disputed claims which arise during the
pay period. The purpose of the Release Form is to bring timely attention to areas of dispute
or potential dispute between the contractor and the City for the pay period. Failure of the
contractor to submit a completed and executed Release Form shall constitute the
contractor's acknowledgement that no disputes of any type have arisen that pay period or
remain from previous pay periods and the contractor waives all future rights in making
claims for disputes arising in those pay periods. All previous and new disputed claims or
potentially disputed claims shall be listed on the Release Form until such time as the
disputed claims are resolved. The contractor shall not modify the Release Form in any way.
Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the
progress of the work, and is aware of those conditions. The Contract price includes
payment for all work that may be done by Contractor, whether anticipated or not, in order
to overcome underground conditions. Any information that may have been furnished to
Contractor by City about underground conditions or other job conditions is for Contractor's
convenience only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions and has not
relied on information furnished by City.
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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.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Material that Contractor believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the contract.
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City shall promptly investigate the conditions, and if it finds that the conditions do materially
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s
costs of, or the time required for, performance of any part of the work shall issue a change
order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
contractor’s cost of, or time required for, performance of any part of the work, contractor
shall not be excused from any scheduled completion date provided for by the contract, but
shall proceed with all work to be performed under the contract. Contractor shall retain any
and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
Chanae Orders. City may, without affecting the validity of the Contract, order changes,
modifications 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
litigation. The only person authorized to order changes or extra work is the Project
Manager. The written change order must be executed by the City Manager or the City
Council pursuant to Carlsbad Municipal Code Section 3.28.1 72.
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9. lmmiaration Reform and Control Act. Contractor certifies he is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has
complied and will comply with these requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors, and consultants that
are included in this Contract.
10. Prevailins Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 1773 and a copy of a schedule of said
general prevailing wage rates is on file in the office of the City Engineer, and is incorporated
by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job
site.
11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly
arising from or in connection with the performance of the Contractor or work; or from any
failure or alleged failure of Contractor to comply with any applicable law, rules or
regulations including those relating to safety and health; except for loss or damage which
was caused solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the City. The expenses of defense include
all costs and expenses including attorneys fees for litigation, arbitration, or other dispute
resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award
of the contract to Contractor, and Contractor will pay all costs, including defense costs for
the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. Said insurance shall meet the City’s policy
for insurance as stated in Resolution No. 91-403.
I.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages and minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and property
damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers
or employees are additional insured. I
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2. Automobile Liabilitv Insurance:
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$1,000,000 combined single limit per accident for bodily injury and property
damage. In addition, the auto policy must cover anv vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or
hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
3. Workers' ComPensation and Emplovers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code of the State of
California and Employers' Liability limits of $1,000,000 per incident. Workers'
compensation offered by the State Compensation Insurance Fund is acceptable to
the City.
to
e (6) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following
provisions. General Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respects: liability arising out of activities performed by or on behalf of
the Contractor; products and completed operations of the contractor; premises
owned, leased, hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers.
2, The Contractor's insurance coverage shall be primary insurance as respects the
City, its officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be in excess of
the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
IC) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made" basis,
coverage shall be maintained for a period of three years following the date of
completion of the work.
(D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement shall
be endorsed to state that coverage shall not be nonrenewed, suspended, voided,
canceled, or reduced in coverage or limits except after thirty (30) days' prior written
notice has been given to the City by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductibles
or self-insured retention levels must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retention levels as respects the City, its officials and employees; or the
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contractor shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION -All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire
against the City or any of its officials or employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each
subcontractor. Coverages for subcontractors shall be subject to all of the requirements
stated herein.
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(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have a
rating in Best’s Key Rating Guide of at least A-:VI and are authorized to transact the
business of insurance by the Insurance Commissioner under the standards specified
in by the City Council in Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificates of
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the City and are to be received and
approved by the City before work commences.
(J) COST OF INSURANCE -The Cost of all insurance required under this agreement shall
be included in the Contractor’s bid.
(I)
1. 13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy
of Article 1.5 is included in the Special Provisions I section. The contractor shall initially
submit all claims over $375,000 to the City using the informal dispute resolution process
described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the
provisions of this section of the contract, all claims shall comply with the Government Tort
Claim Act (section 900 et seq., of the California Government Code) for any claim or cause
of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Contractor hereby agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
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(C) Contractor acknowledges that California Government Code sections 12650 et seq., the
False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information .
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(D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it
is entitled to recover its litigation costs, including attorney’s fees.
(E) Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be
prevented from further bidding on public contracts for a period of up to five years.
(F) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by refere
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. 3 ~- - -$yf:T.: I have read and understand all provisions of Section 13 above.
nitial
14. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with Sections 1776 and 181 2 of Part 7, Chapter
1, Article 2, of the Labor Code. If the Contractor does not maintain the records at
Contractor’s principal place of business as specified above, Contractor shall so inform the
City by certified letter accompanying the return of this Contract. Contractor shall notrfy the
City by certified mail of any change of address of such records.
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e 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
1720 of the labor Code are incorporated herein by reference.
16. Securiitv. Securities in the form of cash, cashier’s check, or certified check may be
substituted for any monies withheld by the City to secure performance of this contract for
any obligation established by this contract. Any other securiity that is mutually agreed to
by the Contractor and the City may be substituted for monies withheld to ensure
performance under this Contract.
17. Provisions Required bv Law Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted,
or is not correctly inserted, then upon application of either party, the Contract shall forthwith
be physically amended to make such insertion or correction.
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811 195 I. @
CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
Countyof sm DIEGO
4- 1 6-9 6 KATHLEEN MAGDALEN MEEKS, NOTARY PUBLIC before me,
DATE NAME, TITLE OF OFFICER - E.G.. .JANE DOE, NOTARY PUBLIC"
personally appeared CARLOS RAMIREZ
NAME(S) OF SIGNER(S)
0 personally known to me - OR - proved to me on the basis of satisfactory evidencc
to be the person(s) whose name(s) idarc
subscribed to the within instrument and ac
knowledged to me that he/she/they execute(
the same in his/her/their authorize(
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s)
or the entity upon behalf of which tht
person(s) acted, executed the instrument
WITNESS my hand and official seal. cQMM.+nxm4
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevr
fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY SIGNER
TITLE OR TYPE OF DOCUMENT PRESIDENT
TITLE(S)
GENERAL c] ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITQIES)
SIGNER(S) OTHER THAN NAMED ABOVE MCR ELECTRICAL COKITRBCTORS, INC.
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.. P.O. Box 7184 Canoga Park. CA 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CBLIFO€U!TIA
4-1 6-9 6 before me, NICOLE TEGBTMEPER, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC"
personally appeared MARTIN G. RAMIREZ
NAME(S) OF SIGNER(S)
N personally known to me - OR - c] proved to me on the basis of satisfactory evidenct
to be the person(s) whose name(s) is/ar(
subscribed to the within instrument and ac
knowledged to me that he/she/they execute(
the same in his/her/their authorize(
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s;
or the entity upon behalf of which th
person(s) acted, executed the instrumen
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prev
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN'
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT SECWARY
TITLE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
MCR ELECTRICAL CONTRACTORS, INC.
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave , P 0. BOX 7184 Canoga Park, CA
t 25
18. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATACHED
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MCR ELECTRICAL CONPPRACTORS, INC.
(COR PO RATE SEAL) Contractor
I.
CARLOS RAHIREZ. PRESIDENT
Print Nam6 of Signatory,
APPROVED TO AS TO FORM:
.LC 1 RONALD R. BALL
City Attorney
By:
ATTEST:
City Clerk
811 I95 I. @
BOND NO. 147 78 51
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LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
NO. 96-121 , adopted APRIL 9, 1996 , has awarded to
MCR ELECTRICAL CONTRACTORS, INC. (hereinafter designated as the "Principal"), a Contract for:
TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND LA COSTA CANYON HIGH SCHOOL CONTRACT NO. 3496
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall
fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon
of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW,THEREFORE, WE, MCR ELECTRICAL CONTRACTORS, INC. 1 as Principal, (hereinafter designated as t he "Contractor") , and c
as Surety, are held firmly bound unto the City of Carlsbad in the sum of TH I RTY-FOUR
THOUSAND SEVEN-HUNDRED-FORTY-FIVE AND NO/OO---------------- Dollars
($ 34,745.00-------+, said sum being fifty percent (50%) 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, 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, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses
and fees, including reasonable attorney's fees, to be fixed by the court, as required by the
provisions of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled
to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
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811 I95 P @
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CfiIFOmU
County Of SAN DIEGO m
4- 16-9 6 before me, RBTE€LEEN MAGDfiEN ME=, NOTARY PWLIC
DATE NAME, TITLE OF OFFICER. E GI "JANE DOE, NOTARY PUBLIC"
personally appeared CARLOS RAMIREZ
NAME(S) OF SIGNER(S)
0 personally known to me - OR - m proved to me on the basis of satisfactory evidencc
to be the person(s) whose name(s) is/arc
subscribed to the within instrument and ac
knowledged to me that he/she/they executec
the same in his/her/their authorizec
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s)
or the entity upon behalf of which thi
person(s) acted, executed the instrumeni
WITNESS my hand and official seal.
a
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevc
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
m CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT PRESIDENT
TITLE@)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
MCR ELECTRICAL CONTRACTORS, INC.
NAME OF PERSON(S) OR ENTIP((IES)
SIGNER(S) OTHER THAN NAMED ABOVE I)
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave , P 0 Box 7184 Canoga Park CA 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
Countyof SAN DIEGO e
4- 1 6-9 6 before me, NICOLE TEGHTMEYER, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLIC"
personally appeared MARTIN G. RAMIREZ
NAME(S) OF SIGNER(S) m personally known to me - OR - 0 proved to me on the basis of satisfactory evidencc
to be the person(s) whose name(s) idarc
subscribed to the within instrument and ac
knowledged to me that he/she/they executec
the same in his/her/their authorize(
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(@
or the entity upon behalf of which thl
person(s) acted, executed the instrumeni
WITNESS my hand and official seal.
0
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prew
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
B CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT SECRE3ARY
TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIANEONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
MCR ELECTRICAL CONTRACTORS, INC.
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE e
01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 71 84 Canoga Park, CA 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNU
County of SAN DIEGO
4-16-96 before me, NICOLE TEGHTPIEYER, NOTARY PUBLIC I
DATE NAME TITLE OF OFFICER E G -JANE DOE NOTARY PUBLIC
personally appeared VALERIE M. PEARCE ,
NAME(S) OF SiGNER(S) n personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the personts) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executec
the same in his/her/their authorizec
capacity(ies), and that by his/her/theii
signaturets) on the instrument the person(s)
or the entity upon behalf of which thc
personts) acted, executed the instrument
NESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
c] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
mE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTP((IES)
SIGNER(S) OTHER THAN NAMED ABOVE
BD-1133 3/94 Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Cancga Pak CA 91
27
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 16TH Executed by SURETY this 16TE day
CONTRACTOR: SURETY:
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day of APRIL ,1996. of APRIL ,19x. Io
MCR ELECTRICAL CONTRACTORS, INC. THE EXPLORER INSURANCE COMPANY
(name of Surety)
5725 KEARMP VILLA RD., STE. R
SAN DIEGO, CA 92123
(address of Surety)
CARLOS RAMIREZ, PRESIDEMT (619) 279-3800
(print name here)
MCR ELECTRICAL CONTRACTORS, INC.
VALERIE M. PEARCE, ATTORNEP-IN-FACT .-_- (printed name of Attorney-in-Fact)
(attach corporate resolution shcv:lq cu rrmt
power of attorney)
MARTIN G. RAMIREZ, SECRETARY
(print name here) t. MCR ELECTRICAL CONTRACTORS, IBC. (title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be ait%hsa.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: \
811 19: t@
The Explorer Insurance Company
nCME SFFICE: SIN OiEGO. CAL~FO~~NIA
POWER OF AITORNEY 0
KNC'N ALL MEN 3Y FAESE PRESENTS: That THE E;<?CSAEg INSURANCE CZMPANY. an Artzzna Coroorauan. does aereby appc
VALiXIE M. PEARCE
its :rue and lawtul Atforney(s)-in-Facr. wich fuil power ana au:nority. :D execute. on benalf of :he Cam~any. fidelity and surery bonas. undan
and cttrer cmtracs of suretyship of a strnilar nature.
This ??wer of AtIorney is granted and is signed and seaied Sy facslmlie under (he authority of :he !atlowing Resolution adopted by mc
of Cirac:ors on the 22nd day of November. 1994. whicn said Resdution has not been amended or resznded and of wnic? the fellow
true copy:
.. 'RESOLVE'cD. that :ha Chairman sf the aoard. the ?restdent. an &acdtive Vica President ar a Senior Vica Presrdenf of !he c;
and eacn of them. is hereby authorized to execute ?owers cf Anorney qualifying the attorney named in the given Power of Anornay to
on behalf of the Company, fidelity and surety bonds. uncertakings. Or other C3ntraC:S Of suretysnia cf a similar nature; and to acac?
the seal of :he Company: provided however. :hat the absencs of the seal shail not affec: :he validity of the inatnrmenr.
FURTilE3 RESCLVES, that the signafuras of sucn officars and the seal of the Company. and +&e siqnarures of any witnes
si~narures and seal of any notary, and ths siqnalures of any officars Cartlfying the validity 01 ne ?owsr of Anorney. may be aifixed by fa
IN WITNESS WHERECF. THE EX?LCEE3 INSURANCZ C3MPA"f hat caused !hese presents to tre signed >y its duly autharizsd
this 27th day of March 19 95
$3L*a-,J+ mE SFCCRE.? INSilAANC5 COMPANY e 0 .# *+,MA ** $'
STATE OF CALIFORNIA ss:
CSUNN OF SAN DIES0 John L Hannum. Senior Vica ?restdent
On&iS March 27th, 1995 beiare me parsonaily appeared John L Hannun. Senior Via President of TiiE M
INSURANCE COMPANY. personaiiy knawn to me to be the individual and officer who execatad the within instrument. and acltnowl
me that he exscuted the same in his official capauty and that by his signature on the insmment the carporanon on behait of whim i
. ' executed the instrument.
WITNESS my hand and official teal.
NOTARY PUSU-RNM SAN DIEGO COU" MY COMM1SSiCN EXPfflES
CERTIFICATE: AUGUST 1 I, 1995
1. Alden F. Miller, 111. Assistant Vica President of THE EXPLORES INSURANCE COMPANY. do hereby canify that the origin;
OF ATTORNN. at which the foregoing is a true copy. is still in full forca and effect, and that this certificate may be signed by facti1
the authority ot the above quoted resalution.
IN WITNESS WHEFIEOF, I have subscribed my name as Assistant Vica President. on this 16m day ot
APRIL 19 96.
THE EXPLORER INSURANCE COMPANY
a 0 f -+&,A \- 42
Alden F. Miller. Ill. Assistant Vice President
ROBERT T. DRIVER CO, IPJC.
Your repnzsenWe
Jerrg Hidl
(6 1 9) 238- I 828
1620 FIFTH AVE., SAN DIEGO, CA 92101
BOND NO. 147 78 51 28
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FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
NO. 96-121 , adopted APRIL 9, 1996 , has awarded to
MCR ELECTRICAL CONTRACTORS, INC* , (hereinafter
designated as the "Principal"), a Contract for:
* 8
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TRAFFIC SIGNAL IMPROVEMENTS AT
CAMINO DE LOS COCHES AND LA COSTA CANYON HIGH SCHOOL
CONTRACT NO. 3496
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications,
and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad,
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW,THEREFORE,WE, MCR ELECTRICAL CONTRACTORS, INC. ,as Principal,
(hereinafterdesignatedasthe'Contractor"), and THE EXPLORER INSURANCE COWANY
, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of SIXTY-NINE THOUSAND FOUR-HUNDRED-NINETY AND N0/100--
Dollars
($ 69,490.00 ), said sum being equal to one hundred percent (100%) of the estimated
amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract
and any alteration thereof made as therein provided on their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers,
employees and agents, as therein stipulated, then this obligation shall become null and void;
otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, atterations or addition to the terms of the contract or to the
work or to the specifications.
I
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8/1/9C f@
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
County Of SAN DIEGO e
4- 16-96 before me, KATHLEEN MAGDALEN MEEKS, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC"
personally appeared CARLOS RAMIREZ
NAME(S) OF SIGNER(S)
personally known to me - OR - m proved to me on the basis of satisfactory evidencc
to be the person(s) whose name(s) is/art
subscribed to the within instrument and ac
knowledged to me that he/she/they execute(
the same in his/her/their authorize(
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s)
or the entity upon behalf of which thc
person(s) acted, executed the instrument
WITNESS my hand and official seal.
0
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prew
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
B CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT PRESIDENT
TITLE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE MCR ELECTRICAL COJTCRACTORS, INC.
~- ~~ --- -----___-_-___-_________________________----
e
01 993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave , P 0 Box 7184 Canoga Park, CA 91
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA a SBN DIEGO
4- 16-96 before me, NICOLE TEGffTMEpER, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLIC"
personally appeared MARTIN G. RQMIREZ
NAME(S) OF SIGNER@) m personally known to me - OR - a proved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) Mal
subscribed to the within instrument and a,
knowledged to me that he/she/they execute
the same in his/her/their authorize
capacity(ies), and that by his/her/the
signature(s) on the instrument the person(s
or the entity upon behalf of which th
person(s) acted, executed the instrumen
WITNESS my hand and official seal.
COMM. #I 0504
a
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prev
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENl
SECRETARY TITLE OR TYPE OF DOCUMENT
TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIPI(IES)
MCR ELECTRICAL CONTRACTORS, INC. SIGNER(S) OTHER THAN NAMED ABOVE 0
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave , P 0 Box 71 84 Canoga Park, CA 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~ALIFORFUA
County of sui DIEGO
4-16-96 before me, NICOLE TEGHTNEPER, NOTARY PUBLIC
DATE NAME TITLE OF OFFICER E G "JANE DOE NOTARY PUBLIC"
VALERIE M. PEARCE personally appeared
i% personally known to me - OR - a proved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) is/ar
subscribed to the within instrument and ac
knowledged to me that he/she/they executec
the same in his/her/their authorize(
capacity(ies), and that by his/her/thei
signature(s) on the instrument the person(s)
or the entity upon behalf of which thc
person(s) acted, executed the instrument
NAME(S) OF SIGNER(S)
Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Canoga Park. CA 91:
1 29
In the event that Contractor is an individual, it is agreed that the death of any such Contractor I shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 16TH Executed by SURETY this 16TH day
day of APRIL ,19 96 . of APRIL ,19=.
CONTRACTOR: SURETY:
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MCR ELECTRICAL CONTRACTORS, INC. THE EXPLORER INSURANCE COMPANY
(name of Surety)
5725 KEARNP VILLA RD., STE. R
SAN DIEGO, CA 92123
(address of Surety)
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1, CARLOS RAMIREZ, PRESIDENT (619)279-3800
(print name here) (tel
By: MCR ELECTRICAL CONTRACTORS, INC.
VALERIE M. PEARCE, ATTORNEY-IN-FACT
(printed name of Attorney-in-Fact) It. HARTIN G. RAMIREZ, SECRETARY
(print name here) (Attach corporate resolution shcwq c)urrsai
power of attorney.)
MCR ELECTRICAL CONTRACTORS, INC. I (Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attactred.]
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the sewetary or
assistant secretary under corporate seal empowering that officer to bind the corpora?ior;.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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By:
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The Explorer Insurance Company
HCME CFFICE: SAN OIEGO. CAUFOGNIA
POWER OF ATTORNEY 0
KNCW ALL MEN ay ~I~ESS PRESENTS: That THE axam INSURANCE CZMPANY. an Arizcna Corporauon. does hereby app
V-ZM. PEAaCE
its :rue and lawtul Anorney(s)-in-Fac, with fuil power ano autnoriry. :a execute. on benalf of the Comoany. fidelity and surary bonds. unde,
and other c3ntrac:s of suretyshio of a similar nature.
This ?ower of ARorney is granted and is signed and seaiec by faCSImlle under :he aUthOnry ot :he !allowing iiesclution adopred by tf
of Cirec:ors on the 22nd day of November, 1994. ivnici! said 8esoiutlon has not been amended or resznded and of whici :he fcilov
true copy:
j “RESCLVES. :hat :he Chairman of me Soard. :he ?%stdent. an Execdrive Vice Piesidenr or a Senior Vica President of :he C
and each of them, is hereby authorized to exacuta ?owers cf &TOrn%y qualifying :he attorney named in the given ?ewer of Attorney to
on benalf of ;he Comgany. fidelity and surely bonds. uncertakings. or other C3fltraCtS Of suretysnio cf a similar nature: and :o anac‘
the seal of ihe Campany; provided however. that :he absencs of the seal shall not affec. :he vaiidity of the instrument.
FURT~ES RESCLVE3. that the signatures of suCi oificars and the seal of the Company. anC Me sigatures of any witnez
signatures and seal of any notary. and the signatures of any OffiCarS canlfying the validity of the POW3r of AKorney. may Sa aifixed by f;
IN ‘NlTNEiS WHEREOF. TiiE =?LORE3 (NSLIRANCE CSMPANY has causa0 :hese presanrs io 38 signed >y its duly authorizsd
this 27th day of March t9 95
THE SPLCfiE.3 INSURANCE COMPANY
&L~%~+o 0 Q) * ??*)#& ,.’ 9’
STATE OF CXUFORNIA ss:
CCUNTY OF SAN ClEGO
On&iS March 27th, 1995 beiore me personally appeared John L Hannum. Senior Vica President of TiiE 3
INSURANCE COMPANY. personally known ta me to be the individual and offmr who execdted the within instrument. and acknow
me mat he executed the tame in his oftical caapauty and that by his siqnatura on the instrument the carporanon on behait of whi&
. executed the instrument
WITNESS my hand and affiaal real.
CEFITIFCATE:
1. Alden F. Miller, 111. Assistant Vica President of THE EXPLORER INSURANCE COMPANY. do hereby canify that the origin2
OF ATTORNEY. of which the foregoing is a true copy. is still in full force and effac, and that this cenificate may be signed by facti!
the authority of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Assistant Vice President. on this 16TH day of APRIL 19 96. ’. ,
THE EXPLORER INSURANCE COMiPAKY
e 0 f ‘5,r*,* 0
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Alden F. Miller. 111. Astistant Vi President
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ROBERT 'F. DRIVIER COO, M,
Jerry Nidi
Your repre§mtatluo
(6 I 9) 238- I828
1620 FIFTH AVE., SAN DIEGO, CA 92101
.--I-. __I_.-. I
NCE
I-_ -_I - THIS
CONFEFS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 1
- POLICIES ._-----_ BELOW. ---- --._I-. -"II - -.I^- _- - -. . - ^_".
COMPANIES AFFORDING COVERAGE
BERT F. DRIVER CO., INC.
0 5TA AVENUE db ISAN DIEGO, CA 92101-2703
COMPANY A 1
LETTER FIREMAN'S FUND INS. COMPANY
LETTER FIREMAN'S FUND INS. COMPANY COMPANY B 3
I INSURED
I
/ Incorporated LETTER COMPANY c
COMPANY D
COMPANY E LETTER
IM C R Electrical Contractors
IP 0 Box 1515
/Imperial Beach CA 91932-0950 LETTER FREMONT INDEMNITY COMPANY 1
_XI-_- - ~. - ___
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO C
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlD CLAIMS, j
I co
CERTIFICA~E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T ,
1 LTR DATE (MMIDDNY) DATE (MM/DDNY) LIMITS POLICY EFFECTIVE POLICY EXPIRATION TYPEOFINSURANCE POLICY NUMBER
-I - ______I_ -_-I-I. "_ I___I_- __-I_ _I
A GENERAL LIABILITY MXX 8 0 6 4 4 5 0 0 4/08/96 4/08/97 GENERAL~GGREGATE 5 20(
i PRODUCTS-COMP/OP AGG $ 2 0 (
CLAIMS MADK OCCUR. PERSONAL & ADV INJURY 5 10 (
i i COMMERCIAL GENERAL LIABILITY
OWNERS & CONTRACTORS PROT. EACH OCCURRENCE $lo(
FIRE DAMAGE (Any one fire) $ E
ME0 EXPENSE (Any one person) $
$
lll_..ll _I--_- I i-_I__--___.---_I Ix ^^ .___ I - -. . __ -. - I - _-- - - " I - -I 1 lo( MXA8 0 15 9 6 5 8 4/08/96 4/08/97 COMBINEDSINGLE
1
be b AUTOMOBILE LIABILITY
ANY AUTO LIMIT
ALL OWNED AUTOS
I I x SCHEDULEDAUTOS $ BODILY INJURY (Per person) 6: HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS
GARAGE LIABILITY I I I
PROPERTY DAMAGE $
-___llll_.l_-____l^^___.l- ~ -___ -.---.. _.I_I- -- - -.- ----. .--- -. 1 EXCESS LIABILITY EACH OCCURRENCE $
i UMBRELLA FORM AGGREGATE $
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----_-_-__.-----.-----_._- - II .-__..-. - I-- - - 1 OTHER THAN UMBRELLA FORM
1/01/96 1/01/97 X STATUTORYLIMITS WORKER'S COMPENSATION WN9 6 5 4 9 9 0 6 0 4
EACH ACCIDENT $10C
DISEASE-POLICY LIMIT $100 AND
EMPLOYERS LIABILITY
s 1 __ l-_ll-_-_ll_ll___l - - ^_" .-_. __ "_- . __ DISEASE-EACH - I - -. EMPLOYEE ._ - - ._ $ 1 oc 1 i OTHER
1 $
1
. __ . __ . . - - - - - - - . -_ I --------_ ~ _._I_ .--I- I_^.__ ."_- _.._ .
I DESCRIPTION OF OPERATlONS/LOCATlONS/VEHICLES/SPECIAL ITEMS
,
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?AYS FOR NONPAYMENT
VE DESCRIBED POLICIES BE CANCELLED I
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIL-
CHASING DEPT. LEFT, BPIIXXBOX!XBCRXPIIWE~KX&ECEE3KXQBj%X.&
MZI~LDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEC -
I_ I___I ____. CARLSBAD, CA 92008
--.___I__" -__-._--. I -__ - I__". --- - - - __ __ - .. .- - - - . 2- 27 DENNIS SCHRAEDER
* CL 24
(11-8
NAMED INSURED: MCR ELECTRICAL CONTRACTORS, INC. m POLICY NUMBER: #MXX80644500 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 11 85 0
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CARLSBAD PURCHASING DEPT.
1200 CARLSBAD VILLAGE DR. m CARLSBAD, CA 92008
0 JOB: TRAFFIC SIGNAL IMPROVEMENTS AT CAMINO DE LOS COCHES AND
LA COSTA CANYON HIGH SCHOOL, CONTRACT # 3496
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
WHO IS INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect t
liability arising out of llyour work" for that insured by or for you.
Copyright, Insurance Services Office, Inc., 1984
111)
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SCHUEDULE m
Business Auto Additional Insured:
CITY OF CARLSBAD PURCHASING DEPT. 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
The person or organization shown in the schedule above is ' Additional Insured under this policy but only to the extent that t: person or organization is liable for the conduct of an insured < defined in subparagraphs A and B of Section 11, Paragraph A.l, !'who is an insured" of this policy.
Named Insured: MCR ELECTRICAL CONTRACTORS INC.
Policy #: MXA80159658 ()I)
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City of Carlsbad
Purchasing Department
Representation and Certification
The following representation and certification are to be completed, signed and returned with proposal.
REPRESENTATIONS: Mark all applicable blanks. This
offeror represents as part of this offer that the ownership,
operation and control of the business, in accordance with the
specific definitions listed below is:
(Check appropriate Ethnic Ownership Type)
I am currently certified by:
Certification #:
I.
CERTIFICATION OF BUSINESS REPRESENTATIO
Mark all applicable blanks. This offeror represents a!
of this offer that:
This firm is
minority business.
This firm is , is not
woman-owned business.
t/ , is not
WOMAN-OWNED BUSINESS: A woman-owned bus
a business of which at least 51 percent is owned, cc
and operated by a woman or women. Controlled is de
exercising the power to make policy decisions. Ope
defined as actually involved in the day-to-day manag1 DEFl NITIONS:
INORITY BUSINESS ENTERPRISE: "Minority Business" is
efined as a business, at least 51 percent of which is owned,
operated and controlled by minority group members, or in the
case of publicly owned businesses, at least 51 percent of
which is owned, operated and controlled by minority group
members. The Small Business Administration defines the
socially and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le. American
Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-
Pacific Americans (Le., U.S. Citizens whose origins are from
Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam,
the U.S. Trust Territories of the Pacific, Northern Marianas.
Laos, Cambodia and Taiwan).
CERTI Fl CATl ON:
The information furnished is certified to be factual and correct as of the date submitted.
CR kt FP.TR\€!IAL Cnt4TX+mmgSm iNf5 a NART~H Fa . %WI\RGL COMPANY NAME NAME
*!&SF*% l5I5
\MP€&AL bK,WM., a , 91933 i CIlY. STATE AND ZIP 8 TELEPHONE NUMBER DATE 619. 575 * bo\ Af%bt isis, I996
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OPT10 N AL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
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This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address
is hereinafter
called "Contractor" and whose
address is hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
I.
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract
entered into between the City and Contractor for
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor
deposits the Securities as a substitute for Contract earnings, the Escrow Agent shall notify
the City within 10 days of the deposit. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as
retention under the terms of the contract between the City and Contractor. Securities shall
be held in the name of the , and shall designate the
Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created
underthis contract is terminated. The contractor may direct the investment of the payments
into securities. All terms and conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the City pays I the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment terms shall be determined by the City, Contractor and Escrow
Agent.
811 195 fa9
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5. The interest earned on the securiiies or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securities on deposit and
payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and
disbursement of the securities and interest as set forth above.
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10. The names of the persons who are authorized to give written notices or to receive wriien
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
For City: Title
I.
Name
Signature
Address
For Contractor: Title
Name I Signature
Address
For Escrow Agent: Title
Name
Signature I. Address
811 195 1. a3
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
1 I.
For City: Title
Name
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1 Signature
Address
For Contractor: Tit le 1 Name
Signature
Address
For Escrow Agent: Title
Name I. Signature
Address
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RELEASE FORM
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THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS
PAYMENTS.
NAME OF CONTRACTOR: 1 PROJECT DESCRIPTION:
Do
PERIOD WORK PERFORMED:
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED WORWCLAIMS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CLAIMED
LOR EST1 MATE)
Contractor further expressly waives and releases any claim Contractor may have, of whatever
type or nature, for the period specified which is not shown as disputed work/claim on this form.
This release and waiver has been made voluntarily by Contractor without any fraud, duress or
undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public
Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government Code
Sections 12650-1 2655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028 implementing
the California False Claims Act and certifies that all claims submitted to the City shall be subject
to the provisions of said codes and regulations. .... ....
....
.... .... ....
.... ....
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Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period will be paid according to Public Contract Code
Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties
signing below on behalf of Contractor have express authority to execute this release.
DATED:
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PRINT NAME OF CONTRACTOR
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DESCRIBE ENTITY (Partnership, Corporation, etc.)
By:
Title: I By:
Title:
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S PECl AL P ROVlS 10 NS
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1. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SP ECI FI CATIONS I* FOR PUBLIC WORKS CONSTRUCTION
I SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
To subsection 1-1, add the following
A. 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.
B. 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," I unless stated otherwise.
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C. 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.
D. 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.
To subsection 1-2, make the following modifications:
Agency - the City of Carlsbad, California
Engineer - the City Engineer for the City of Carlsbad or his approved representative I
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SECTION 2 - SCOPE AND CONTROL OF THE WORK
To subsection 2-4, make the following modifications:
Delete the third sentence of the first paragraph having to do with a surety being listed in tl
latest revision of U.S. Department of Treasury Circular 570.
To subsection 2-4, delete paragraphs three and four and replace with the following:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor at
materials bond) for this contract. The faithful performancelwarranty bond shall be in the amou
of 100 percent of the contract price and the payment bond shall be in the amount of 50 perce
of the contract price. Both bonds shall extend in full force and effect and be retained by the c
during the course of this project until they are released according to the provisions of tt
sect ion.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount :
days after recordation of the Notice of Completion and will remain in full force and effect for tl
one year warranty period and until all warranty repairs are completed to the satisfaction of tl
Engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice
Completion if all claims have been paid.
To subsection 2-4, add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to transa
the business of insurance in California and whose assets exceed their liabilities in an amou
equal to or in excess of the amount of the bond. The bonds are to contain the followir
documents:
1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by law
or other instrument entitling or authorizing the person who executed the bond to do so
A certified copy of the certificate of authority of the insurer issued by the insuranc
commissioner. 2)
If the bid is accepted, the City may require a financial statement of the assets and liabilities
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date
the execution of the bond. The financial statement shall be made by an officer’s certificate i
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financi
statement may be verified by the oath of the principal officer or manager residing within tt
United States.
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To subsection 2-5.1, add the following:
The Construction Plans consist of three (3) sheet(s) designated as City of Carlsbad Drawing
No. 338-5. The standard drawings utilized for this project are the latest edition of the San Dieao
Area Reaional Standard Drawinqs, as modified by the City of Carlsbad, hereinafter designated
SDRS, as issued by the San Diego County Department of Public Works, together with the City
of Carlsbad Supplemental Standard Drawings.
To subsection 2-5.3.2, add the following:
Where installation of work is required in accordance with the product manufacturer's direction,
the Contractor shall obtain and distribute the necessary copies of such instruction, including two
(2) copies to the City.
Add the following subsection:
2-5.4 Record Drawinqs:
The Contractor shall provide and keep at the project site an up-to-date set of "as-built" drawings.
The drawings 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 used only as a record set and shall
be delivered to the Engineer upon completion of the work.
To subsection 2-6, add the following:
The work to be done consists of signalizing an intersection, along with minor signing and
striping, as shown on the plans. The Contractor shall furnish all materials required by this
contract and provide the necessary labor and equipment to complete the operations specified
herein.
Delete subsection 2-9.1 and replace with the following:
2-9.1 Permanent Survey Markers
The Contractor shall not disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs with the Contractor that protecting an
existing monument in place is impractical, the Contractor shall employ a licensed land surveyor
to establish the location of the monument before it is disturbed. The Contractor shall have the
monument replaced by a licensed land surveyor no later than thirty (30) days after construction
is completed.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade. Monument frames and covers shall be protected during street sealing
or painting projects or be cleaned to the satisfaction of the Engineer. The Contractor shall no1
be entitled to any additional compensation for the work required by this subsection.
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SECTION 3 - CHANGES IN WORK
To subsection 3-5, add the following:
All claims by the contractor for $375,000 or less shall be resolved in accordance with t
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencii
with Section 20104) which is set forth below:
Article 1.5 Resolution of Construction Claims
20104. (a)(l) This article applies to all public works claims of three hundred seventy-fi
thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contracl
and a public agency when the public agency has elected to resolve any disputes pursuant
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil COC
except that "public work" does not include any work or improvement contracted for by the st2
or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payme
of money or damages arising from work done by, or on behalf of, the contractor pursuant to tt
contract for a public work and payment of which is not otherwise expressly provided for or tt
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by tt
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans I
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate tk
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivisic
is intended to extend the time limit or supersede notice requirements otherwise provided t
contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respor
in writing to any written claim within 45 days of receipt of the claim, or may request, in wriih
within 30 days of receipt of the claim, any additional documentation supporting the claim I
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursua
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall t
submitted to the claimant within 15 days after receipt of the further documentation or within
period of time no greater than that taken by the claimant in producing the additional informatior
whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to thre
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing t
all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 day
of receipt of the claim, any additional documentation supporting the claim or relating to defense
to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuar
to this subdivision, upon mutual agreement of the local agency and the claimant.
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(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the claimant in producing the additional information
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to
respond within the time prescribed, the claimant may so notlfy the local agency, in writing, either
within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s
failure to respond within the time prescribed, respectively, and demand an informal conference
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency
shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute,
the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 91 0) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those provisions, the running of the period of time within which a claim
must be filed shall be tolled from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall
be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
201 04.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation
of both parties. The mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15-day period, any party may
petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of
Civil Procedure, notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought under the subdivision consistent with the rules
pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be
paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1 141.10) Title 3 of Part 3 of the Code
of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo
but does not obtain a more favorable judgment shall, in addition to payment of costs and fees
under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the
mediation or arbitration process.
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20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rz
on any arbitration award or judgment. The interest shall begin to accrue on the date the suil
filed in a court of law.
SECTION 4 - CONTROL OF MATERIALS
Add the following subsection:
4-1.3.1 InsDection Requirements
Contractor shall furnish Engineer with such information as may be necessary to keep him fL
informed regarding progress and manner of work and character of materials. Inspection of wc
shall not relieve Contractor from any obligation to fulfill this Contract.
Delete subsection 4-1.4, and replace with the following:
4-1.4 Test of Material
Except as specified in these Special Provisions, the Agency will bear the cost of testing materk
and/or workmanship where the results of such tests meet or exceed the requirements indicatc
in the Standard Specifications and the Special Provisions. The cost of all other tests shall t
borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be approve
by him before the delivery is started. All materials proposed for use may be inspected or testt
at any time during their preparation and use. If, after trial, it is found that sources of SU~F
which have been approved do not furnish a uniform product, or if the product from any sour(
proves unacceptable at any time, the Contractor shall furnish approved material from 0th
approved sources. After improper storage, handling or any other reason shall be rejected.
Compaction tests may be made by the City and all costs for tests that meet or exceed tt
requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engine6
The costs of any retests made necessary by noncompliance with the specifications shall t
borne by the Contractor.
SECTION 5 - UTILITIES
To subsection 5-1, add the following:
The City of Carlsbad and affected utility companies have, by a search of known record:
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of th
work. However, the accuracy of completeness of the utilities indicated on the Plans is nc
guaranteed.
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To subsection 5-4, add the following:
The temporary or permanent relocation or alteration of utilities, including service connection,
desired by the Contractor for Contractor's own convenience shall be the Contractor's own
responsibility, and the Contractors 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 intetfere with the construction, the Contractor, upon request to the City, may be
permitted to temporarily 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.
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SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
Delete subsection 6-5 and replace with the following: 8 6-5 Termination of Contract
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
Delete subsection 6-7.1 and replace with the following: b 6-7.1 General
The Contractor shall order the poles and mast arms for this project upon receiving a purchase
order from the City. Within seven (7) working days of the date of the purchase order, the
Contractor shall furnish the Engineer with a letter from the supplier stating when all the signal
equipment will be available. The Engineer will issue a "Notice to Proceed" two weeks prior to
the scheduled delivery date of the equipment. The Contractor shall begin work within fifteen
(1 5) calendar days after receipt of the "Notice to Proceed" and shall diligently prosecute the work
to completion within thirty (30) consecutive working days once construction begins.
To subsection 6-7.2, add the following:
Hours of work - All work shall be performed between the hours of 7:OO a.m. and 5:30 p.m. The
Contractor shall obtain the approval of the Engineer if the Contractor desires to work outside the
hours state herein.
Contractor may work during Sundays and holidays only with the wriien permission of the
Engineer. This wriien permission must be obtained at least 24 hours prior to such work.
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To subsection 6-8, add the following:
All work shall be guaranteed for one (1) year after the filing of a “Notice of Completion” and E
faulty work or materials discovered during the guarantee period shall be repaired or replac
by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall
retained as a warranty bond for the one year warranty period.
Add the following subsection:
6-8.1 Nonconformina Work
The Contractor shall remove and replace any work not conforming to the plans or specificatic
upon written order by the Engineer. Any cost caused by reason of this nonconforming w(
shall be borne by the Contractor.
Delete subsection 6-9 and replace with the following:
6-9 Liquidated Damages
Failure of the Contractor to complete the work within the time allowed will result in damag
being sustained by the Agency. Such damages are, and will continue to be, impracticable ai
extremely difficult to determine. Therefore, if the completion date is not met, the Contractor v
be assessed the sum of $250 per day for each day beyond the completion date as ,liquidat(
damages for the delay. Any progress payments made after the specified completion date sh
not constitute a waiver of this paragraph or of any damages.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
To subsection 7-3, add the following:
All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of
least A-:V and are authorized to conduct business in the state of California and are listed in t
official publication of the Department of Insurance of the State of California.
To subsection 7-4, add the following:
All insurance is to be placed with insurers that are authorized to conduct business in the sts
of California and are listed in the official publication of the Department of Insurance of the Sts
of California. Policies issued by the State Compensation Fund meet the requirement 1
workers’ compensation insurance.
To subsection 7-5, add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
To subsection 7-8.1, add the following:
If the Engineer determines that clean-up or dust control is required on the project, tl
Contractor shall provide it without regard to time of day, day of week, Contractor holiday, Ci
holiday, or legal holiday.
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To subsection 7-8.5, add the following:
The Contractor shall obtain a temporary water meter from the appropriate water authority to
record the amount of water used for the construction of this project. The Contractor shall not
draw water from any source that is not metered. The cost of the meter and water is incidental
to the work and the Contractor shall not be entitled to any additional compensation for the meter
rental/deposit or water.
Add the following subsection:
7-8.8 Noise Control
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.
Delete subsection 7-1 0.2 and replace with the following:
7-10.2 Storage of Equipment and Materials in Public Streets
Material shall not be stored in public streets. Equipment may be parked in the lane temporarily
closed to traffic. All equipment shall be removed from the site the day the project is completed.
To subsection 7-1 0.3, add the following:
The Contractor shall prepare and submit traffic control plans for this project to the Engineer for
approval. No work shall begin until said plans are approved by the Engineer.
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si. Add the following subsection:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work and
shall comply with all applicable provisions of Federal, State, and Municipal safety laws and
building codes to prevent accidents or injury to persons on, about, or adjacent to the premises
where the work is being performed. The Contractor shall erect and properly maintain at all
times, as required by the conditions and progress of the work, all necessary safeguards for the
protection of workers and public, and shall use danger signs warning against hazards created
by such features of construction as protruding nails, hoists, well holes, and falling materials. 0 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
Delete this section.
SECTION 9 - MEASUREMENT AND PAYMENT
To subsection 9-3.2, make the following modification:
Delete the second sentence of the third paragraph having to do with reductions in amount o
retention.
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II. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION MATERUALS
200-2 UNTREATED BASE MATERIAL
Aggregate base shall be Class I1 aggregate base conforming to Section 26-1.02A, CaRra
Standard Specifications, July 1992.
201-1 PORTLAND CEMENT CONCRETE
Modify Section 201 -1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:" AI
delete table.
Add the following subsection:
206-7 REFLECTIVE SHEETING ALUMINUM SIGNS
206-7.1 General. Materials, legend, proportion, size and fabrication of all signs used for tl
direction, warning and regulation of vehicle (including bicycle) and pedestrian traffic sh
conform to the requirements of, "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGN
October 1993", sheets one through five that accompany "SPECIFICATIONS FOR REFLECTI!
SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987 and ,"OPAQ\
COLOR CHART", dated February 1980 all published by the State of California, Department
Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oa
Drive, Sacramento, CA 9581 9 and as modified herein. Where the, 'SPECIFICATIONS FC
REFLECTIVE SHEETING SIGNS, October 1993", require the contractor or supplier to notify tl
Department of Transportation or to certdy compliance to said SPECIFICATIONS, to provide
quality control program or to allow testing, approval, observation of manufacturing or assemt
operations by the State of California, Department of Transportation and/or its employees
officials such rights shall be vested in the Engineer.
206-7.2 Sign Identification. Moddy the l "SPECIFICATIONS FOR REFLECTIVE SHEETlh
SIGNS, October 1993", as follows. Sign identification shall be as per "SPECIFICATIONS FC
REFLECTIVE SHEETING SIGNS, October 1993" except that the notation shall be, "PROPER1
OF THE CITY OF CARLSBAD".
206-7.3 Drawings. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGN
October 1993", as follows. Standard signs shall be as per the most recently approve
"APPROVED SIGN SPECIFICATION SHEETS" of the State of California, Department
Transportation. The date of approval shall be the date most closely preceding the date
manufacturer of the sign(s) or the date of the "Notice to Proceed" of this contract whichever
the most recent.
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206-7.4 Reflective Sheeting. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993", as follows. All warning signs and all regulatory signs, excepting only
those hereinafter listed shall be fabricated with type Ill encapsulated lens sheeting conforming
to the requirements of this specification. All other signs included in this section and listed below
shall be fabricated with type I1 encapsulated lens sheeting conforming to the requirements of
this specification. Regulatory signs which shall be fabricated with type II encapsulated lens
sheeting are: R5, R24 through, and including R32Bl R47 through, and including RR53C, R62A
through, and including R62D, R99 through, and
including R105A.
206-7.5 Substrate. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993", as follows. All signs used for the direction, warning and regulation of vehicle
(including bicycle) and pedestrian traffic shall use aluminum substrate.
Add the following subsection:
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206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS
206-8.1 General. This section pertains to 10 gage and 12 gage cold rolled steel perforated
tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish
and shall be cold roll formed steel conforming to ASTM Designation A-446 Grade A.
Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed
after all forming and punching operations have been completed. Cold rolled steel perforated
tubing shall be perforated on all four faces with 7/16 holes on one inch centers.
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +.011 l - .005 inch. Convexity
and Concavity measured in the center of the flat side shall not exceed a tolerance of +.010 inch
applied to the specific size determined at the corner. Straightness tolerance variation in
straightness shall not exceed 1/16" in 3 feet. Tolerance for corner radius is 5/32" *1/64. Weld
flash on corner welded square tubing shall permit 9/64" radius gage to be placed in the corner.
Using 10 gage (.135) or 12 gage (.105) square tube, consecutive size tubes shall telescope
freely for ten feet. Tolerance on hole size is *1/64" on a size. Tolerance on hole spacing is
*1/8" in 20 feet. In addition for the following specific sizes of light gage steel tubing dimensional
tolerances shall not exceed those listed in the following tables.
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TABLE 208-8.2 (A)
Tolerance on Size
Nominal Outside Outside Tolerance for
Dimension, Inches' All Sides at Corners, Inch
1x1 i.005
1-1/4 X 1-1/4 5.006
1-1/2 x 1-1/2 k. 006
1-3/4 x 1-3/4 i .008
2x2 k.008
2-3/16 X 2-3/16 k.010
2-1/4 X 2-114 +.010
2-1/2 x 2-1/2 1.010
2x3 i.010
TABLE 208-8.2(B)
Squareness of Sides and Twist
Nominal Outside Twist Permissible
Dimension, Inches Squareness in 3 Ft., Inch+
1x1 k. 006 .050
1-1/4 X 1-1/4 k.007 ,050
1-1/2 x 1-1/2 *.009 .050
1-3/4 x 1-3/4 *.OlO .062
2x2 i.012 .062
2-3/16 X 2-311 6 k.014 .062
2-1/4 X 2-1/4 i.014 .062
2-1/2 x 2-1/2 k.015 .075
2x3 i.018 .075 *
+ Twist is measured by holding down the edge of one end of a square tube on a surface plai
with the bottom side of the tube parallel to the surface plate, and noting the height that eithc
corner on the opposite end of the bottom side is above the surface plate.
206-8.3 FASTENERS. Fasteners used to assemble cold rolled steel perforated tubing shall 1:
steel "pull-through" electrogalvanized rivets with 3/8" diameter shank, 718" diameter head and
grip range of from 0.200" to 0.356". The fasteners shall conform to ASTM 8-633, type Ill SC
tubing may have its sides failing to be 90" to each other by the tolerance listed.
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111. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
t
R CONSTRUCTION FOR CONSTRUCTION METHODS
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
Delete subsection 306-1.3.4 and replace with the following:
306-1.3.4 Compaction Requirements
In streets, the top 12 inches of subgrade shall be mechanically compacted to a minimum of 95%
relative compaction. All other trench backfill shall be mechanically compacted to a minimum
of 90% relative compaction.
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Delete this section and replace with Chapter 86, Caltrans Standard Specifications, July 1992.
86-1 GENERAL 1 86-1.03 Equipment List and Drawings, modify as follows:
Delete the last sentence of paragraph 2 and add new sentence as follows:
The controller cabinet schematic wiring diagram and intersection sketch shall be combined into
one drawing (24x36") and placed in a heavy duty plastic envelope and attached to the inside
of the controller cabinet door.
Add paragraph 5 as follows:
The Contractor shall deliver to the Engineer, two each maintenance and operation manuals for
all new controller units, auxiliary equipment, and vehicle detector sensor units, control units and
amplifiers. The maintenance and operation manuals may be combined into one manual. The
maintenance manual or combined maintenance and operation manuals shall be submitted to
the engineer at the time of signal turn on. The maintenance manuals shall include, but need
not be limited to, the following items:
(a) Specifications
(b) Design characteristics
(c) General operation theory
(d) Function of all controls
(e) Trouble-shooting procedure (diagnostic routine) (9 Block circuit diagram
(9) Geographical layout of components
(h) Schematic diagrams
(i)
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List of replaceable component parts with stock numbers
Add paragraph 6 as follows:
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As-Built Drawings
"As-Built" construction plans shall be provided by the Contractor to the City of Carlsbad witt
five (5) working days after completion of the project. Two (2) redline copies shall be provid
with changes shown in a contrasting color to the original contract work. Details to be she\
on the as-built plans shall include, but not be limited to, location, type and installed depth
conduit runs, location of loops under overlay, location of pull boxes, changes made to sigr
and lighting poles, and any changes made to traffic signal equipment. As-built plans shall
signed and dated by the Contractor and approved by the City.
86-1.04 Warranties, add the following:
The contractor shall warrant the work against defects in materials or workmanship for a peril
of one year from the date of acceptance of the work.
86-1.05 Maintainina Existina and Temporaw Electrical Systems, delete paragraphs 3 and
Payment for maintaining existing and temporary electrical systems shall be included in t
appropriate bid item.
86-1.05 Maintainins Existina and Temporaw Electrical Svstems, add the following:
The Contractor shall maintain all traffic signals and related equipment until accepted by t
Engineer.
86-1 -06 Scheduling of Work, add the following:
Detector loop installation shall take place immediately after asphalt pavement grinding and/
base course paving and prior to A.C. surface course.
All new signage shall be installed and covered prior to signal turn-on. All existing signage
be removed shall be removed or covered the day of signal turn-on. All existing legends to I
removed shall be removed the day of signal turn-on. New legends and striping shall I
completed no later than the day after turn-on or as approved by the Engineer. Crossw:
markings shall be completed no later than two (2) days after signal turn-on or as approved
the Engineer.
Contractor shall coordinate relocation or modification of any utility facilities with the respecti
utility company.
All signal operation coordination shall be made with the Engineer three (3) working days pri
to construction. This includes all signal flash operations, bagging of signal heads, and rec
settings due to cutting of loops, signals modifications, and blocking of lanes.
Unless otherwise approved by the Engineer a minimum of one lane of traffic shall be maintain(
in each direction at all times.
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86-2 MATERIALS AND INSTALLATION
86-2.01 Excavatinq and Backfill, delete paragraph 3; add Section 306-1.3, Backfill ai
Densification, S.S.P.W.C.
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86-2.02 Removing and ReDlacins Improvements, Sections 306-1.5 and 7-9 of the S.S.P.W.C.
shall apply in addition to this Section.
86-2.03 Foundations, delete first paragraph; add the following:
Street light foundations shall be anchor base type in accordance with S.D.R.S.D. E-1.
Concrete for foundations shall be 560-C-3250 per Section 201-1, S.S.P.W.C.
Delete reference to "Section 4-1.030" in paragraph 18 and substitute "Section 3-3, Extra Work, s. s . P . w. c. I#
To the first sentence of the last paragraph substitute "3 feet" for "0.5 foot".
86-2.05A Material, add the following:
Rigid non-metallic conduit shall be used for all installations.
86-2.056, Installation, add the following:
Location of conduit runs on the plans are diagrammatic only and the actual run locations are
subject to the approval of the engineer.
Conduit runs other than street crossings shall be limited to the right-of-way behind curb. Where
the Engineer concurs with the Contractor that installing conduit in the right-of-way behind curb
is not practical, the Contractor will be permitted to trench in the street utilizing a rock wheel.
Rock wheel trenches in the street shall be backfilled with 190-E-1000 concrete slurry by the end
of the working day. All rock wheel trenches shall be resurfaced by grinding the slurry and a
minimum 6" of A.C. on each side of the trench to a minimum depth of 0.1 25'. Class C2-AR-4000
hot mix A.C. shall be placed over the cold planed area in accordance with section 302 of the
SSPWC. If an asphalt overlay is scheduled to be placed over the trenched areas within 180
calendar days, the requirement for grinding shall be waived.
The Contractor shall bore under all existing PCC surface improvements to install conduit. In lieu
of boring, the contractor will be permitted to remove PCC surface improvements and trench.
All PCC removals shall be to the nearest score line or weakened plane joint and shall be
replaced by the Contractor at no additional cost to the City. Any improvements damaged by
the Contractor shall be replaced by the Contractor at its expense.
Depth of conduit for all installation methods shall be 30" in the street and 18" behind curt
minimum.
Three inch minimum conduit shall be utilized for all street crossings when cable is required.
Note is made that each parcel is likely to have water, gas, sewer and other utility services
Damages to these facilities will be repaired the same day at no cost to the agency.
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After conductors have been installed, the ends of conduits terminating in pull boxes a
cabinets shall be sealed with an approved type of sealing compound.
When abandoning an existing conduit in place, the Contractor shall remove all existi
conductors.
86-2.06A Materials, add the following:
Pull boxes, pull box covers, and pull box extensions shall be concrete as shown on Carlsb,
Standard Drawing GS-21.
86-2.06C Installation and Use, add the following:
Pull boxes shall be installed in accordance with Carlsbad Supplemental Standard Drawings G
19 and GS-21.
86-2.08 Conductors, add the following:
86-2.08D Sianal Cable - Where shown on the plans, signal cable shall be installed in lieu
individual conductors,
Signal cable shall conform to the following:
e The cable jacket shall be black polyethylene with an inner polyester bind
sheath, and shall be rated for 600 volts and 75" C. All cables shall have cle:
distinctive, and permanent markings on the outer surface throughout the enti
length of the cable showing the manufacturer's name or trademark, insulatic
designation, number of conductors, conductor sizes, and the voltage rating of tt
jacket. Filler material, if used, shall be polyethylene material.
Individual conductors in the cable shall be solid copper with Type THV\(
insulation, and shall conform to the requirements in Section 86-2.0
"Conductors," of the Standard Specifications, and ASTM Designation: B 28
The minimum thickness of Type THWN insulation, at any point, shall be 13 m
for conductor sizes No. 1.4 and No. 12, and 18 mils for conductor size No. 1
The minimum thickness of the nylon jacket shall be 4 mils at any point.
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Three conductor signal cable shall consist of three No. 14 conductors. The cable jacket shz
have a minimum average thickness of 45 mils and a minimum thickness at any point of 36 mil:
The nominal outside diameter of the cable shall not exceed 0.40-inch. The color code of tk
conductors shall be blue/black stripe, blue/orange stripe, and white/black stripe.
The 3-conductor cable shall be used for pedestrian pushbuttons and a spare.
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COLOR CODE TERMINATION PHASE
red vehicle signal red 2, 4, 6 or 8
yellow vehicle signal yellow 2, 4, 6 or 8
brown vehicle signal green . 2, 4, 6 or 8
red/black stripe vehicle signal red 1, 3, 5 or 7 yellow/black stripe vehicle signal yellow 1, 3, 5 or 7
brown/black stripe vehicle signal green 1, 3, 5 or 7
black/red stripe
blacwwhite stripe
black
red/white stripe
brown/white stripe ped signal Walk
spare, or use as required for red or Don’t Walk
spare, or use as required for yellow
spare, or use as required for green or Walk
ped signal Don’t Walk
Color Code
red/black stripe ellow/black stripe L rown/black stripe
red/orange stripe ye1 low/o rang e stripe brow n/o range stripe
red/si Ive r stripe yellow/silver stripe brown/silver stripe
red/purpte stripe ellow/purple stripe L rown/purple stripe
red/:! black stripes brown/2 black stripes
red/2 orange stripes brown/2 orange stripes
red/2 silver stripes
brown/2 silver stripes
red/2 purple stripes brown/2 purple
stripes
blue/ black st ripe blue/orange stripe blue/silver stripe blue/purple stripe
white/black stripe
black/red stripe
black
Termination Phase
vehicle signal red 2 or 6 vehicle signal yellow 2 or 6 vehicle signal green 2or6
vehicle signal red 4 or 8 vehicle signal yellow 4 or 8 vehicle signal green 4or8
vehicle signal red 1 Or5 vehicle signal yellow 1 Or5 vehicle signal green 1 Or5
vehicle signal red 3or7 vehicle signal yellow 3 Or7 vehicle signal green 3or7
ped signal Don’t Walk 2or6
ped signal Walk 2or6
ped signal Don’t walk 4or8 ped signal Walk 4 or 8
ped signal Don’t Walk 1 Or5 ped signal Walk 1 Or5
ped signal Don’t Walk 3 Or7 ped signal Walk 3 Or7
ped push button 2 or 6 ped push button 4 or 8 ped push button 1 Or5
ped push button 3 or 7
ped push button common
railroad pre-emption
spare
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Each signal cable, except 28-conductor, shall be marked, in each pull box,
showing the signal standard to which it is connected.
Vehicle and pedestrian signals shall be connected to the 28-conductor cable with
a 12-conductor cable. The 12-conductor cable shall be installed from the
terminal compartment to the adjacent pull box, and spliced.
Signal Interconnect Cable (SIC) shall consist of twelve No. 20, minimum,
stranded tinned copper conductors as shown on the plans. Each conductor shall
be insulated with 0.01 3-inch, minimum nominal thickness, color coded,
polypropylene material. Conductors shall be in twisted pairs. Color coding shall
distinguish each pair. Each pair shall be wrapped with an aluminum polyester
shield and shall have a No. 22 or larger, stranded, tinned copper drain wire
inside the shielded pair.
The cable jacket shall be black, high density polyethylene, rated for a minimum
of 300 volts and 60" C., and shall have a nominal wall thickness of 40 mils,
minimum. The cable jacket or the moisture-resistant tape directly under the outer
jacket shall be marked with the manufacturer's name, insulation type designation,
number of conductors and conductor size, and voltage and temperature ratings.
Splices shall be made only where shown on the plans or in controller cabinets.
A minimum of three feet of slack shall be provided at each splice and six feet at
each controller cabinet.
86-2.090 Sdicinq, modify as follows:
All splices shall be made using crimp type compression connectors as shown on
ES-13 and said splices shall be soldered.
The ends of loop detector lead-in cables terminating at the controller cabinet
shall have crimped and soldered loop terminals.
86-2.09E Splice Insulation, add the following:
All splices of conductors shall be insulated with heat shrink tubing of the
appropriate size after thoroughly painting the spliced conductors with electrical
insulating coating. Heat shrink tubing shall be medium or heavy wall thickness,
irradiated polyolefin tubing containing an adhesive mastic inner wall. Minimum
wall thickness prior to contraction shall be 0.04-inch. When heated, the inner wall
shall melt and fill all crevices and interstices of the object being covered while the
outer wall shrinks to form a waterproof insulation. Each end of the heat-shrink
tube or the open end of the end cap of heat-shrink material shall, after
contraction, overlap the conductor insulation at least 1 1/2 inches. Heat-shrink
material shall conform to UL Standard E46645 600V 125" C.
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All heat-shrink tubing shall also meet the following requirements:
Shrinkage Ratio: 33 percent, maximum, of supplied diameter
when heated to 102°C and allowed to cool to
25" C.
350 kilovolts per inch, minimum.
1 014 ohms per centimeter, minimum.
2,000 Ibs. per square inch, minimum.
Dielectric Strength
Resistivity
Tensile Strength
Temperature:
Water Absorption 0.5 percent, maximum
Operating 55°C to 135" c.
When three or more conductors are to be enclosed within a single splice usir
heat-shrink material, mastic shall be placed around each conductor, prior
being placed inside the heat shrink material. The mastic shall be the tyy
recommended by the manufacturer of the heat-shrink material.
After contraction, the ends and seams of heat-shrink material shall be paintc
with electrical insulating coating.
Heat-shrink material shall be heated as recommended by the manufacturer.
86-2.095 Fused %lice Connectors, modify sentence one, paragraph one as follows:
Install afused disconnect splice connector in the handhole of each pole between the lit
and the ballast.
86-2.1 0 Bondinq and Groundinq, and the following:
Grounding of street lights shall conform to S.D.R.S.D. E-2. If ground rod is used, insti
in pull box.
86-2.1 1 Services, modlfy paragraph 12 to read as follows:
The Contractor shall arrange with the servicing utility to complete service connectior
for permanent installations and the City will reimburse the contractor for all fees require
by the utility.
Delete first sentence of paragraph 13.
Modlfy paragraph 15 as follows:
Substitute "Section 3-3, Extra Work, S.S.P.W.C" for "Section 4-1.030."
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86-2.14 Testinq, modify the first paragraph of referenced Section 6-3.01, General, as
follows:
Unless otherwise specified, all tests of signals, lighting, and electrical systems equipment
and materials shall be performed by a qualified agent approved by the City by methods
approved by the City and at the cost of the Contractor. This refers specifically to the
controller and may be extended to any or all items questioned as to their suitability. Test
methods shall be submitted to the City for approval.
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86-2.14A, Materials Testinq, delete second sentence of first paragraph; delete
paragraphs 4, 5, and 6.
86-2.1 46 Field Testinq, add the following:
Field testing shall conform to the provisions in Section 86-2.146 "Field Testing"
of the Caltrans Standard Specification and these Special Provisions.
Insulation resistance testing (megger) for traffic signal and lighting conductors
shall be preformed in the following order:
Signals - After conductors are connected to signal head terminal, and before
connection to controller.
Lighting - Before fuses are installed in fused splice connectors.
Load side conductors in signal heads shall be disconnected from terminal blocks
during the test.
The full cost for the Contractor performing this field testing in the presence of the
Engineer shall be included in the lump sum price for Traffic Signal and Street
Lighting Installation and no additional payment will be allowed therefore.
86-2.1 4C Functional Testing, add second sentence to paragraph 3 as follows:
Turn-ons will not be done Mondays, Fridays or the day prior to a City holiday.
The contractor shall give the inspector a minimum of three (3) days advance
notice of turn on date.
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86-3 CONTROLLER ASSEMBLIES
86-3.05 Controller Assemblv Testinq, modify second sentence of second paragraph as
follows:
A Certificate of Compliance with the approved procedure and a test report signed by a
responsible managing employee of the testing agent shall accompany each controller
assembly included in the work, The testing agent shall be approved by the Engineer.
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86-3.08 Auxiliarv Equipment
86-3.088(21, Modulated Light Signal Detection System - Each modulated lig
signal detection system shall conform to the details shown on the plans ai
these special provisions.
(A) General - Each modulated light signal detection system sh
consist of an optical emitter assembly or assemblies located t
the appropriate vehicle and an optical detector/discriminal
assembly or assemblies located at the traffic signal.
Each system shall permit detection of class two emergen
vehicles. Class I1 (emergency) vehicles shall be capable of beii
detected at any range up to 1,800 feet from the optical detect(
The modulation frequency for Class I1 signal emitters shall I
14.035 Hz 2 0.250 Hz.
Emitter Assembly - Each emitter assembly shall consist of i
emitter unit, an emitter control unit and connecting cables ar
shall conform to the following:
1.
(B)
General - Each emitter assembly, including lamp, shall t
designed to operate over an ambient temperature range - 34°C to 60°C at both modulation frequencies and
operate continuously a8 the higher frequency for
minimum of 3,000 hours at 25°C ambient before failure
lamp or any other component.
Each emitter unit shall be controlled by a sing1
maintained-contact switch on the respective emitter contr
unit. The switch shall be capable of being located to t
readily accessible to the vehicle driver. The control UI
shall contain a pilot light to indicate that the emitter pow
circuit is energized and shall be capable of generating on
Class I1 modulating code.
Functional - Each emitter unit shall transmit optical eners
in one direction only.
The signal from each Class I1 signal emitter unit shall t
capable of being detected at a distance of 1,800 feet whc
used with a standard optical detection/discriminatc
' assembly.
2.
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The standard optical detection/discriminator assembly to
be used in making the range tests shall be available from
the manufacturer of the system. A certified performance
report shall be furnished by the contractor with each
assembly.
Electrical - Each emitter assembly shall be capable of
providing full light output with input voltages of between
12.5 and 17.5 volts DC. An emitter assembly shall not be
damaged by input voltages up to 7.5 volts DC above
supply voltage. The emitter assembly shall not generate
voltage transient, on the input supply, which exceed the
supply voltage by more than 4 volts.
Each emitter assembly shall consume not more than 100
watts at 17.5 volts DC and shall have a power input circuit
breaker rated at 10 to 12 amperes, 12 volts DC.
The design and circuitry of each emitter shall permit its use
on vehicles with either negative or positive ground without
disassembling or rewiring of the unit.
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3.
4. Mechanical - Each emitter unit shall be housed in a
weatherproof corrosion-resistant housing. The housing
shall be provided with facilities to permit mounting on
various types of vehicles and shall have provision for
aligning the emitter unit properly and for locking the
emitter unit into this alignment.
Each emitter control unit shall be provided with hardware
to permit its mounting in or on an emergency vehicle or
mass transit vehicle. Where required for certain
emergency vehicles, the emitter control unit and all
exposed controls shall be weatherproof.
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(C) Optical Detection/Discriminator Assembly - Optical
detection/discriminator assembly shall conform to the following:
1. General - Each optical detection/discriminator assembly
shall consist of one or more optical detectors, connecting
cable and a discriminator module.
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Each such assembly, when used with standard emitte
shall have a range of at least 1,800 feet for Class II signa
Standard emitters for Class II signals shall be availat
from the manufacturer of the system. Rani
measurements shall be taken with all range adjustmer
on the discriminator module set to "maximum".
2. Optical Detector - Each optical detector shall be
waterproof unit capable of receiving optical energy frc
two separately aimable directions. The horizontal an<
between the two directions shall be variable from 1
degrees to 5 degrees.
The reception angle for each photocell assembly shall I
a maximum of 8 degrees in all directions about the aimii
axis of the assembly. Measurements of reception an<
will be taken at a range of 1,800 feet for a Type II emittc
All internal circuitry shall be solid state, and electric
power shall be provided by the associated discriminal
module.
Each optical detector shall be contained in a housin
which shall include two rotatable photocell assemblies, i
electronic assembly, and a base. The base shall have i
opening to permit its mounting on a mast arm or a vertic
pipe nipple, or suspension from a span wire.
The mounting opening shall have female threads for 3
inch conduit. A cable entrance shall be provided whic
shall have male threads and gasketing to permit
waterproof cable connection. Each detector shall wei!
not more than 2% pounds and shall present a maximu
wind load area of 36 square inches. The housing shall 1
provided with weep holes to permit drainage of condensc
moisture.
Each optical detector shall be installed, wired and aimc
as specified by the manufacturer.
Cable - Optical detector cable shall meet the requiremen
of IPCEA-S61-402/NEMA WC 5, Section 7.4, 600 vc
control cable, 75"C, Type B and the following:
3.
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The cable shall contain three conductors, each of
which shall be No. 20 (7x28) stranded, tinned
copper with low-density polyethylene insulation.
Minimum average insulation thickness shall be 25
mils. Insulation of individual conductors shall be
color coded: 1 -yellow, 1 -blue, 1 -orange.
The shield shall be either tinned copper braid or
aluminized polyester film with a nominal 20 percent
overlap. Where the film is used, a No. 20 (7x28)
standard, tinned, bare drain wire shall be placed
between the insulated conductors and the shield
and in contact with conductive surface of the
shield.
The jacket shall be black polyvinyl chloride with
minimum ratings of 600 volts and 80" C and a
minimum average thickness of 45 mils: The jacket
shall be marked as required by IPCWNEMA.
a. I.
b.
C.
d. The finished outside diameter of the cable shall
not exceed 0.35 inch.
e. The capacitance, as measured between any
conductor and the other conductors and the shield,
shall not exceed 48 picofarads per foot at 1,000 Hz.
f. The cable run between each detector and the
controller cabinet shall be continuous without
splices or shall be spliced only as directed by the 1 detector manufacturer.
4. Discriminator Module - Each discriminator module shall be
designed to be compatible and usable with Model 170
controller unit and to be mounted in the input file of z
Model 332 controller cabinet, and shall conform to the
requirements of Chapter I of the State of California
Department of Transportation. "Traffic Signal Contro
Equipment Specifications," dated April, 1978, and to a1
addenda thereto current at the time of project advertising
Each discriminator module shall be capable of operatins 1- one channel.
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Each discriminator module, when used with its associat
detector shall be capable of:
a. Receiving Class I1 signals at range of up to 1,8
feet.
Decoding the signal on the basis of frequency
14.035 HZ+ 0.255 HZ for Class I1 signals.
Establishing the validity of received signals on 1
basis of frequency and length of time received.
signal shall be considered valid only when receiv
for more than 0.50 second. No combination
Class I signals shall be recognized as a Clas
signal regardless of the number of signals bei
received, up to a maximurn of ten signals. Once
valid signal has been recognized its effect shall I
held by the module in the event of temporary lo
of the signal for a period adjustable from C
seconds to 11 seconds in at least 2 steps at
seconds k0.5 second and 10 seconds +C
second.
Providing an output for each channel that will res
in a "low" or grounded condition of the approprk
input of a Model 170 controller unit. For Class
signals the output shall be steady.
Each discriminator module shall receive elect
power from the controller cabinet at either 24 vo
DC or 120 votts AC.
Each channel together with its associated detectc
shall draw not more than 100 milliamperes at ,
volts DC nor more than 100 milliamperes at 1
volts AC. Electric power, one detector input fi
each channel and one output for each channt
shall terminate at the printed circuit board eds
connector pins listed below.
b.
C.
d.
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Board edge connector pin assignment shall be as
follows:
A DC ground P NC
B +24VDC
C NC
D Detector input Channel A R NC
E +24 VDC to detectors S NC
F Channel A output (C) T NC
U NC
H Channel A output (E) V NC
J Detector input, Channel B W Channel B
K DC Ground to detectors X Channel B
Output (E)
Y NC L Chassis ground M AC- Z NC
N AC+
(2 Slotted for Keying
(NC) Not connected; cannot be used by manufacturer for any
purpose.
(C) Collector
(E) Emitter
Two auxiliary inputs for each channel shall enter
each module through the front panel connector.
Pin assignment for the connector shall be as
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output (C)
1. follows:
1. Auxiliary detector 1 input, Channel A
2. Auxiliary detector 2 input, Channel A
3. Auxiliary detector 1 input, Channel B
4. Auxiliary detector 2 input, Channel B
Each channel output shall be an optically isolated
NPN open collector transistor capable of sinking 50
milliamperes at 30 volts and shall be compatible
with Model 170 controller unit inputs.
Each discriminator module shall be provided with
means of preventing transients received by the
detector from affecting the Model 170 controller I assembly.
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Each discriminator module shall have a sin!
connector board, shall be capable of bei
inserted into the input file of a Model 332 cabir
and shall occupy one slot width of the input fi
The front panel of each module shall have
handle, to facilitate withdrawal, and the followi
controls and indicators for each channel:
1. Three separate range adjustmer
each for Class II signals.
2. A three-position, center-o
momentary contact switch, 01
position (down) labeled for te
operation of Class 1 signals, and 01
position (up) labeled for te
operation of Class II signals.
3. A "signal" indication and a "cs
indication for Class II signals. TI
"signal" indication denotes that
signal above the threshold level h,
been received. A "call" indicatic
denotes that a steady, validly codc
signal has been received. The:
two indications may b
accomplished with a sing
indication lamp; "signal" beir
denoted by a flashing indication ar
"call" with a steady indication.
In addition, the front panel shall k
provided with a single circular, bayone
captured, multi-pin connector for tw
auxiliary detector inputs for each channt
Connector shall be a mechanic
configuration equivalent to a MlL-C-264E
with 10-4 insert arrangement, such i
Burndy Trim Trio Bantamate Serie
consisting of:
0 Wall mounting receptacle, GOB1 (
4PNE with SM20M-1 S6 gold plate
pins.
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0 Plug, G6L10-4SNE With SC20M-1 S6
gold plated sockets, cable clamp
and strain relief that shall provide for
a right angle turn within 2.5 inches
maximum from the front panel
surface of the discriminator module.
Cabinet Wiring - The Model 332 cabinet has provisions for
connections between the optical detectors, the
discriminator module and the Model 170 controller unit.
Wiring for a Model 332 cabinet shall conform to the
following:
Slots 12 and 13 of input file "J" have each been wired to
accept a 2-channel module.
Field wiring for the primary detectors, except 24-volt DC
power, shall terminate on either terminal board TB-9 in the
controller cabinet or on the rear of input file "J", depending
on cabinet configuration. Where TB-9 is used position
assignments shall be as follows:
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POSITION ASSIGNMENT:
4 Channel A detector input,
5 Channel B detector input,
7 Channel A detector input,
8 Channel B detector input,
1 st module (Slot J-12)
1 st module (Slot J-12)
2nd module (Slot J-13)
2nd module (Slot J-13)
The 24-volt cabinet DC power will be available at Position
1 of terminal board TB-1 in the controller cabinet.
All field wiring for the auxiliary detectors shall terminate on
terminal board TB-0 in the controller cabinet. Position I assignments are as follows:
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POSITION ASSIGNMENT
7 +24vdc from (J-l3E)
8 Detector ground from (J-13K)
9
10
11
12
Channel A auxiliary detector input 1
Channel A auxiliary detector input 2
Channel B auxiliary detector input 1
Channel B auxiliary detector input 2
(D) System Operation - The contractor shall demonstrate that all
he components of the system will perform satisfactorily as
system. Satisfactory performance shall be determined using tl
following test procedure:
1. Each system to be used for testing shall consist
an optical emitter assembly, an optical detector,
least 200 feet of optical detector cable and
discriminator module.
The discriminator modules shall be installed in tt
proper input file slot of Model 332 controll
cabinet. The controller cabinet, together with
Model 170 controller unit with the appropria
operating program, a Model 210 monitor unit ar
120-volt AC power will be available as shown c
the plans and as indicated elsewhere in the:
special provisions.
One test shall be conducted using a Class II sign
emitter and a distance of 1,800 feet between tk
emitter and the detector. All range adjustments c
the module shall be set to "Maximum" for each tes
Each test shall be conducted for a period of or
hour, during which the emitter shall be operated fc
30 cycles, each consisting of a one minute "01
interval and a one minute "off' interval. During tt
total test period (1) the emitter signal shall caue
the proper response from the Model 170 controllc
unit during each 'on' interval and (2) there shall t
no improper operation of either the Model 17
controller unit or the monitor during each "oi
interval.
2.
3.
4.
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86-3.1 1 Model 170 Controller Assemblies, add the following:
The controller assembly shall be a Type 170 unless otherwise specified and shall be
equipped with Type 200SA local intersection control program and a full compliment of
prom chips. The Model 332 cabinet shall be aluminum.
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86-4 TRAFFIC SIGNAL FACES AND FIlTlNGS.
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86-4.01 Vehicle Siqn Faces.
86-4.01 B Sianal Sections, add the following:
Signal section housing shall be aluminum or polycarbonate composite. All signal
faces and all arrow indications shall be provided with 12 inch sections and glass t lenses.
I furnished by the Contractor.
All lamps for traffic signal units (including programmed visibility type) shall be
86-4.01 C Electrical Components, modify second and third paragraphs as follows:
Each lamp receptacle shall be wired with a conductor, connected to the shell of
the receptacle, with white insulation, and a conductor, to the bottom or end
terminal of receptacle, with black insulation color-coded as follows:
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Red signal -solid red insulation
Yellow signal -solid yellow insulation
Green signal -solid blue insulation
These conductors shall, in turn, be connected to a terminal block mounted inside
at the back of the housing. The terminal block shall have sufficient screw type
terminals to terminate all field conductors and lamp conductors independently,
with separate screws. The terminals to which field conductors are attached shall
be permanently identified or conductors shall be color coded to facilitate field
wiring. I 86-4.05 Pedestrian Signal Faces, add the following:
Pedestrian signals shall be Type A incandescent with international symbols.
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86-5 DETECTORS
86-5.01 Vehicle Detectors
86-5.01A Inductive Loop Detectors
86-5.01 A(4) Construction Materials, add the following:
Loop wire shall be Type 2. Loop lead-in cable shall be Type "E
Conductors for loop detector lead-in cable shall be 2 No. 16 (19x2
stranded, tinned cooper.
86-5.01 A(5) Installation Details, add the following:
The additional length of conductor for each loop homerun shall be twist€
together into a pair before being placed in the slot and conduit to tt
termination pu I1 box.
Like numbered detector loops, when shown on the plans, shall t
connected to the same detector lead-in cable.
Residue resulting from slot cutting operations shall not be permitted 1
flow across shoulders or lanes occupied by public traffic and shall LC
removed from the pavement surface.
The Contractor shall test the detector with a motor-driven cycle, a
defined in the California Vehicle Code, that is licensed for street use b
the Department of Motor Vehicles of the State of California, or a bicycle
The engine displacement of the vehicle shall not exceed 100 cubi
centimeter. Special features, components or vehicles designed to activat
the detector will not be permitted. The Contractor shall provide a
operator who shall drive the motor-driven cycle through the response c
detection area of the detector at no less than 3 miles per hour nor mort
than 7 miles per hour.
86-5.02 Pedestrian Push Buttons, delete the first five sentences after the third paragrap
and replace with the following:
Switching unit shall be activated with a stainless steel plunger. The external end of th
plunger shall have a conical surface and be a minimum of two inches (2") in diametei
The surface shall be polished and corrosion resistant.
The switching unit shall have a maximum operating force of five (5) pounds. Pretrave
shall be 1/16 inch maximum'and overtravel shall be 111 6 inch minimum.
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86-6 LIGHTING
86-6.01 High Pressure Sodium Luminaires, add the following:
Luminaires shall be 250 W high pressure sodium vapor with integral photo electric cells.
Each luminaire shall be provided with an internal ballast assembly (including ballast,
capacitor, and lamp starter unit). All connections from the ballast assembly shall be
made with a single multi-circuit connector or individual color-coded NEMA tab
connectors. Field connections to the luminaires shall terminate on a barrier type terminal
block secured to the housing.
The luminaires shall be constructed and installed in such a manner as to provide Type
Ill distribution with the outer edge of the luminaire's housing below the entire light
sources and all glassware.
The luminaires' optical assembly shall provide without the addition of external shielding,
a 90" cutoff with no significant light emitted above the horizontal.
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1 86-6.OlA (1 )(a) Laa-TvDe Requlator Ballasts, add the following:
Ballasts shall be the lag regulator type.
86-6.065 Internallv Illuminated Street Name Siqns, change paragraph five to read as
follows:
Signs shall be Type A. I 86-7 REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT
86-7.01 Removinq Electrical Equipment, all equipment shown to be removed and
salvaged shall become the property of the Contractor.
86-7.02 Reinstalling Removed Electrical Equipment, delete paragraph 4. No equipment
will be salvaged unless specifically noted on the plans.
86-8 PAYMENT
86-8.01 Pavment, modify as follows:
Lump sum price for signals and lighting shall be measured as defined in State 0'
California Standard Specifications, Section 86, dated January 1988.
Delete reference to "Section 86-1.05, Maintaining Existing and Temporary Electriciar
Systems" in paragraph two. 3
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SECTION 310 - PAINTlNG
Delete subsection 31 0-5.6 and replace with Chapter 84 of the Caltrans Standard Specificatior
1992 Edition, modified as follows:
Delete subsection 84-3.02 and replace with the following:
84-3.02 Materials
Paint for traffic stripes and pavement markings shall be rapid dry water borne and conform
State Specification No. 801 0-91 D-30. Glass beads shall conform to Caltrans Specification b
8010-1 1E-22, Type 11. Thinning of paint will not be permitted. Paint shall be supplied I
manufacturers that have been approved by Caltrans.
Delete subsection 84-3.06
Delete subsection 84-3.07 and replace with the following:
84-3.07 Payment
Compensation for providing pavement striping shall be included in the lump sum bid item f
signing and striping. The lump sum payment shall include full compensation for furnishing l
labor, materials, tools, equipment, and incidentals, and for doing all the work involved in paintir
traffic stripes including establishing alignments for stripes and layout work.
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Recording requested by: )
CITY OF CARLSBAD 1
)
When recorded mail to: )
City Clerk )' ..
City of Carlsbad )
1200 Carlsbad Village Dr. )
) 677
)I,.
Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property herein
described.
2. The fuii name of the undzrsigned is Clt)l of CarlsS~d, a miinicipai cr;rpo;aiLion.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, Calif
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on Jul
1996.
6. The name of the contractor, if any, for such work of improvement is MCR Elec
Contractors.
7. The property on which said work of improvement was completed is in the City of Carl!
County of San Diego, State of California, and is described as the Traffic Signal a
entrance to La Costa Canyon High School, Project No. 3496.
8. The address of said property is within the limits of the City of Carlsbad.
P City Engineer
VERIFICATION OF CITY CLERK
i, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carl
, 1996, accept6 California, 92008; the City Council of said City on October 8
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 21 , 1996, at Carlsbad, California.
CITY OF CARLSBAD
Ai E'iH A i . R AU TE i\i KRA i\i Z
City Clerk 1
m m %A$&
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TRAFFIC SIGNAL
IMPROVEMENTS AT CAMINO DE
LOS COCHES AND LA COSTA
CANYON HIGH SCHOOL
CONTRACT NO. 3496