HomeMy WebLinkAboutC35210 - 2016 Traffic Signal LED Indication Rplcmnt 586-16Contract No. C35210
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C35210 FOR THE 2016 TRAFFIC
SIGNAL LED INDICATION REPLACEMENT PROGRAM TO
SIEMENS INDUSTRY, INC., OF RIVERSIDE, CALIFORNIA, IN
THE AMOUNT OF $78,900.00 (PROJECT NO. 586-16)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Siemens Industry, Inc.
2250 Business Way
Riverside, California 92501
DATE: June 9, 2016
CONTENTS: Agreement and Bonds
Contractor's Proposal
Project Location Exhibit
Recommendation
By Minute Motion:
1. Award Contract No. C35210 for the 2016 Traffic Signal LED
Replacement Project to Siemens Industry, Inc., of Riverside, California,
in the amount of $78,900.00 (Project No. 586-16);
2. Authorize the Finance Director to set aside a 10 percent contingency in
the amount of $7,890.00; and
3. Authorize the Mayor to execute the same.
Funds are available in Account No. 2134250-4400100, Measure A.
Strategic Plan Obiective
The proposed action will further the goals of the strategic plan by providing a safe and
efficient transportation system for both residents and visitors, while improving the
energy efficiency of the traffic signals.
Staff Report
Award Contract No. C35210 for Traffic Signal LED Replacement to Siemens Industry, Inc.
Page 2 of 3
June 9, 2016
Background
The LED Indication Replacement Project will replace all of the vehicle indications at 20
signalized intersections. Project locations are shown graphically on the attached
location map.
The project was advertised and contractors were encouraged to submit bids. Bids were
opened on May 24, 2016. The results are as follows:
Contractor
Location
Bid Amount
Siemens Industry, Inc.
Riverside, CA
$78,900.00
St. Francis Electronics
Riverside, CA
$80,418.60
Sierra Pacific
Riverside, CA
$82,860.25
Traffic Development Services, Inc.
Moorpark, CA
$98,150.00
Due to advancements in LED technology, a new LED vehicle indication was specified
for this project. The new indications have a 15-year warranty as opposed to the
previously 5-year warranty for LED indications.
Fiscal Analysis
This project is being done as a part of the City's annual LED Indication Replacement
Program. There is no fiscal impact beyond the contract amount.
Prepared By:
Ma Diercks, P.E.
T ansportation Engineer
JanPLe, Director of Finance
Approval:
s G�
Ju in cCarthy, Interim Citylanager
Depa a ead:
Mark Gree0wood, P.E`,
Director of Public Works
CONTRACT NO. C35210
AGREEMENT
THIS AGREEMENT is made and entered into this 9ch day of June, 2016, by and
between City of Palm Desert, California, hereafter called "CITY" and Siemens Industrv,
Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. Project Name: Traffic Signal LED Indication Replacement Proiect, Project No.
586-16; Contract No. C35210, in strict accordance with the Contract Documents
identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS.-
1 Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) Public Works Contractor Registration Certification (f) The
Bidder's Bond; (g) The Performance Bond; (h) The Payment Bond; (i) General
Specifications; 0) The Special Provisions; (k) The Standard Specifications as
modified in other portions of the Contract Documents; (1) Any Change Orders
issued; (m) Any additional or supplemental specifications, notices, instructions
and drawings issued in accordance with the provisions of the Contract
Documents (n) The Determination of Prevailing Wage Rates for Public Work, (o)
Addenda No(s) .3. All of said Documents presently in existence are by this
reference incorporated herein as if here set forth in full and upon the proper
issuance of their documents they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
CONTRACT NO. C35210
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $ 500.00
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
CONTRACT NO. C35210
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Provisions Required by Law and Contractor Compliance. Each and every
provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall
comply with all requirements of applicable federal state and local laws, rules and
regulations, including but not limited to the provisions of the California Labor
Code and the California Public Contract Code.
8. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them, and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California 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 I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
BY:
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
CONTRACT NO. C35210
CONTRACTOR ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CONTRACT NO. C35210
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City")
has awarded to Siemens Industrv, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated June 9, 2016 described as follows:
Project Name TRAFFIC SIGNAL LED INDICATION REPLACEMENT PROJECT,
PROJECT NO. 586-16, CONTRACT NO. C35210 (hereinafter referred to as the
"Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Siemens Industrv, Inc.,, the undersigned CONTRACTOR, as
Principal, and a corporation organized
and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of Seventy -Eight Thousand Nine Hundred and
no/00 Dollars ($ 78,900.00), said sum being not less than one hundred percent (100%)
of the total amount payable by the said City under the terms of the said Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to
pay any of the persons named in Civil Code Section 9100, fail to pay for any materials,
provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, for any work or labor
of any kind, or for bestowing skills or other necessary services thereon, 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 or Franchise Tax Board from the wages of employees of said
CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code
Section 18663 with respect to such work and labor the Surety or Sureties hereon will
pay for the same in an amount not exceeding the sum herein above specified, and also,
in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorney's fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
Page 1
CONTRACT NO. C35210
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under
no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or the
City and the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant is a person described in the
Civil Code Section 9100, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned, including but not limited to the provisions of
Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAUCONTRACTOR:
Siemens Industry, Inc.
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
The total amount of premium charged: $
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
per thousand.
(the above must be filled in by corporate surety).
Page 2
CONTRACT NO. C35210
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address: i Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
Page 3
CONTRACT NO. C35210
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
M
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Page 4
CONTRACT NO. C35210
PRINCIPAL ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Page 5
CONTRACT NO. C35210
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City")
has awarded to Siemens Industrv, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated June 9, 2016 described as follows:
Project Name TRAFFIC SIGNAL LED INDICATION REPLACEMENT PROJECT,
PROJECT NO. 586-16, CONTRACT NO. C35210 (hereinafter referred to as the
"Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Siemens Industrv, Inc.,, the undersigned CONTRACTOR, as
Principal, and a corporation organized
and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of Seventy -Eight Thousand Nine Hundred and
no/00 Dollars ($ 78,900.00), said sum being not less than one hundred percent (100%)
of the total amount payable by the said City under the terms of the said Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to
pay any of the persons named in Civil Code Section 9100, fail to pay for any materials,
provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, for any work or labor
of any kind, or for bestowing skills or other necessary services thereon, 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 or Franchise Tax Board from the wages of employees of said
CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code
Section 18663 with respect to such work and labor the Surety or Sureties hereon will
pay for the same in an amount not exceeding the sum herein above specified, and also,
in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorney's fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
Page 1
CONTRACT NO. C35210
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under
no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or the
City and the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant is a person described in the
Civil Code Section 9100, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned, including but not limited to the provisions of
Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR:
Siemens Industry, Inc.
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
The total amount of premium charged: $
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
per thousand.
(the above must be filled in by corporate surety).
Page 2
CONTRACT NO. C35210
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
T`
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address:
City/State/Zip Code:
Address:
City/State/Zip Code:
Telephone No.: Telephone No.:
Page 3
CONTRACT NO. C35210
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Page 4
CONTRACT NO. C35210
PRINCIPAL ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Page 5
CONTRACT NO. C35210
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Siemens Industry, Inc., hereinafter designated as the "Principal", a contract
for:
TRAFFIC SIGNAL LED INDICATION REPLACEMENT PROJECT
PROJECT NO. 586-16
CONTRACT NO. C35210
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Siemens Industrv, Inc., the Principal, and
as Surety, are held and firmly bound
unto the City of Palm Desert hereinafter called the City, in the penal sum of Seventy -
Eight Thousand Nine Hundred and no/00 Dollars ($ 78,900.00), being 100% of the
contract amount in lawful money of the United States of America for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract
Documents, unless otherwise provided for in the Contract Documents, the above
obligation shall hold good for a period of one (1) year after the acceptance of the work
by the City, during which time if the Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage
resulting from or caused by a defective materials or faulty workmanship. The
obligations of Surety hereunder shall continue so long as any obligation of the
Contractor remains. Nothing herein shall limit the City's rights or the Contractor or
CONTRACT NO. C35210
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure Section 337.15.
Whenever the Contractor shall be, and is declared by the City to be in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the City's option:
a. Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
b. Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages, for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount
payable to the Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
C. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages, for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall
mean the total amount payable to the Contractor by the City under the
Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder shall in any way affect its obligations on this bond,
and it does hereby waive notice to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
CONTRACT NO. C35210
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of 120
SURETY
M.
PRINCIPAL
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CONTRACT NO. C35210
PRINCIPAL ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
.0711
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
17603417098 Palm Desert Public Works 12:32:56 05-13-2016 3:6
C-CONTRACTOR'S BiD
TRAFFIC SIGNAL LED INDICATION REPLACEMENT PROJECT
PROJECT NO. 586-16
CONTRACT NO. C35210
TO: CiTY OF PALM DESERT, "CITY"
DATE:
BIDDER: S1 ew_n4--, ---�YYIA YJ :00 "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, TRAFFIC SIGNAL LED INDICATION
REPLACEMENT PROJECT, PROJECT NO. 586-16, CONTRACT NO. C35210, hereby
proposes to const ct a work in accordance with the Contract Documents, including
Addenda No(s). �L 3 for the amount
stated in this Bid. '
By submitting this Bid, CONTRACTOR agrees with CITY:
That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
2. for the public opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
3. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
4. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
5. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
6. That the accompanying cash, certified or cashler's check or Bid Bond constitutes
a guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the cash Bond amount, check or bond is to be charged with the
costs of the resultant damages to CITY, including but not limited to publication
costs, the difference in money between the amount bid and the amount in excess
of the bid which costs CITY to do or cause to be done the work involved, lease
C-2-1
17603417098 Palm Desert Public Works
12 33:17 05,-13-2016 4 +6
and rental costs, additional salaries and overhead, increased interest and costs
of funding the project, attorney expense, additional engineering and architectural
expense and cost of maintaining or construction alternate facilities occasioned by
the failure to execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
1
Country Club Drive at Eldorado Drive
LS
1
$�� °,. $ .cf'
Country Club Drive at Palm Valley
'LS
1
$
$
2
Drive/Indian Ridge Drive
i 3
Country Club Drive at Tamarisk Row
Drive/Oasis Club Drive
LS
1
$ .o
tO
$ cv
i
4
Country Club Drive at Liberty
Drive/Restorer Drive
LS
1
$
�7��
$
`7
Country Club Drive at Park Center
LS
1
$
$
5
Drive/ Barrington Drive
6
Country Club Drive at Hams Lane
LS
1
$
7
Hovley Lane East @ Eldorado
LS
1
$
8
Hovley Lane East at Indian Ridge
Drive/ Casbah Way
LS
1
$
3 2an.
v6v
9
Hovley Lane East at Oasis Club Drive
LS
1
$ �r�a
$�,
10
Hovley Lane East at Warner Trail I
LS
1
$
$
11
Fred Waring Drive at California Drive I
LS
1
$ 3, CM:
$
12
Fred Waring Drive at Wamer Trail
LS
1
$ •�
$ o'
13
Fred Waring Drive at Entrada Las
Brisas/Southwest Church
LS
1
$
3� 66Y
$
C-2-2
17603417098 Palm Desert Public Works
12:33:48 05-13-2016 5r6
Washington Street at Country Club i LS
1
$
$
14
Drive
Y i� o ,
f 15
Washington Street at Harris Lane
LS
�lar,
-C�l /061"
16
Washington Street at 4151 Avenue
LS
1
$$ C,c�
Washington Street at Hovley Lane
LS
1
$
$
17
Eastt42"d Avenue
(jp
°0
18
Washington Street at Avenue of the
States
LS
1
$ �/��
$�/
Washington Street at Mountain
LS
1
$
$ -`
19
View/Palm Royale
20
Washington Street at Fred Waring
Drive
LS
1
TOTAL BID PRICE
$ ,00
7-
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ �g, gd0'�•
TOTAL AMOUNT BASE BID IN WORDS ✓
-
IN WITNESS WHEREOF CONTRACTOR executed : t is Bid as of date set forth on
Page C-1:
B 'z
y� /
Signature - t
Title: r'Nw(A Oc .'Y N'lit
CONTRACTOR
[Remainder of this page has intentionally been left blank.
Notary Acknowledgement is contained on the next page]
C-2-3
17603417098 Palm Desert Publlc Works 12:34:02 05-13-2016 6 r6
-PO
A (Votary Public or other officer completing this certificate verifies only the identi of the
individual who signed the document, to which this certificate is attached, an not the
truthfulness, accuracy, or validity of that document.
State of California )
County of )
Subscribed and sworn to (or affirmed) before me on this
(month), (year), by
proved to me on the basis of satisfactory
who appeared before me.
i�
i
Signature of Notary
C-2-4
of
to be the person(s)
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CML CODE 0 1ISO
State of California
County of
r
On `before me
I bate H ro 11 A Wn end rt16 of tno rcer
personally appeared��`--��1
Names) al Sgnan,s
=ACE (iALU1HER
Coan�sulon 12117338
z Nouvy Publle - CaWands
2 OTOP County
My Comm. Evfns Jul 24. 2019
who proved to me on the basis of satisfactory
evidence to be the persona) whose name($) is/me—
subscribed to the within instrument and acknowledged
to me that he#.+Ne4hey executed the same in
his/aerf'lfteir authorized capacity(iW—, and that by
his/herktreir signaturo4e} on the instrument the
person(a), or the entity upon behalf of which the
person(err acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand vd official
r,
Signature: -
Pa, _ Notary See. Above Signature of f tary uWc
OPTIONAL
Though the information below is not required by law. R may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signers)
Signer's Name: - --- Signer's Name: -- - - .........
Corporate Officer -- Title(s): _ _ - Corporate Officer — Title(s):
Individual wat • - ■ = Individual =_•
Partner — Limited General T-;, ,) )h r . Partner — Limited General n•_ f tr,., 7 r.
Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Other: — --- - ---- --
Signer Is Representing:
Signer Is Representing:
2010 Natronat Notary Assocrmron • NatanalNolory org • 1 B00 US NOTARY (t -8W 876.6a27) Hen ■' •m7
z
L ___ A21COUNTRY LUB ' �-� 4 DRIVE 5 6 14
j a
15
� cn;
I 7 iC v,
F-
HOVLEY LANE E
8
I
NOTE:
SEE SH T. 2 OF 2
FOR TABLE OF
PROJECT LOCATIONS fi--
LEGEND
�X - PROJECT INTERSECTION
DATE 04/20/2016
110111�1--
TRANSPORTATION ENGINEER
CALI�ORNIA AVE
-FRE� WARING
11
10 - — 17
VEO 18
STATES
19
t
\Z FOUNTAIN VIEW 4
o
I� I T-- 7 z_
RIV 20
12 13
EXHIBIT A - PROJECT NO. 586-16
TRAFFIC SIGNAL LED INDICATION REPLACEMENT PROJECT
PROJECT LOCATIONS EXHIBIT
DEPARTMENT OF PUBLIC WORKS
CITY OF PALM DESERT
SCALE:_-NTS
SHEET NO
1 OF 2
LOCATION
NUMBER
INTERSECTION
JURISTDICTION(S)
']1
COUNTRY CLUB DRIVE AT ELDORADO DRIVE
PALM DESERT
u
COUNTRY CLUB DRIVE AT PALM VALLEY DRIVE/INDIAN RIDGE DRIVE
PALM DESERT
COUNTRY CLUB DRIVE AT TAMARISK ROW DRIVE/OASIS CLUB DRIVE
PALM DESERT
u
COUNTRY CLUB DRIVE AT LIBERTY DRIVE/RESORTER BLVD.
PALM DESERT
�5
COUNTRY CLUB DRIVE AT PARK CENTER DRIVE/BARINGTON DRIVE
PALM DESERT
COUNTRY CLUB DRIVE AT HARRIS LANE
PALM DESERT
F
HOVLEY LANE EAST AT ELDORADO DRIVE
PALM DESERT-INDIAN WELLS
LU]
HOVLEY LANE EAST AT INDIAN RIDGE DRIVE/CASBAH WAY
PALM DESERT
0
HOVLEY LANE EAST AT OASIS CLUB DRIVE
PALM DESERT
10
HOVLEY LANE EAST AT WARNER TRAIL
PALM DESERT
F111
FRED WARING -DRIVE AT CALIFORNIA DRIVE
PALM DESERT-INDIAN WELLS
12
FRED WARING DRIVF AT WARNER TRA L
PALM DESERT-INDIAN WELLS
13
FRED WARING DRIVE AT ENTRADA LAS BRISAS/SOUTHWEST CHURCH
PALM DESERT-INDIAN WELLS
14
WASHINGTON STREET AT CCUNTRY CLUB DRIVE
PALM DESERT -RIVERSIDE COUNTY
15
WASHINGTON STREET AT HARRIS LANE
PALM DESERT -RIVERSIDE COUNTY
16
WASHINGTON STREET AT 41ST AVENUE
PALM DESERT -RIVERSIDE COUNTY
17
WASHINGTON STREET AT HOVLEY LANE EAST/42ND AVENUE
PALM DESERT -RIVERSIDE COUNTY
18
WASHINGTON STREET AT AVENUE OF THE STATES
PALM DESERT -RIVERSIDE COUNTY
19
WASHINGTON STREET AT MOUNTAIN VIEW/ROYALE PALM
PALM DESERT -LA QUINTA
20
WASI{,NGTOV STREET AT FRED WARiNG DRIVE
PALM DESERT-INDIAN WELLS -LA QUINTA
EXHIBIT A -
PROJECT NO. 586-16
DATE _04/20/2016 TRAFFIC SIGNAL LED INDICATION
REPLACEMENT PROJECT SCALE NTS
PROJECT
���
LOCATIONS TABLE SHEET NO
J
1R NSPORTATION ENGINEER DEPARTMENT OF PUBLIC WORKS
Y
CITY OF PALM DESERT 2 OF 2