HomeMy WebLinkAboutC32870A Siemens Industry - 2013 Traffic Signal Maintenance 580-13 Contract No. C32870A
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32870A FOR THE 2013 CITYWIDE
TRAFFIC SIGNAL MAINTENANCE PROJECT TO SIEMENS
INDUSTRY, INC., OF ANAHEIM, CA, IN THE AMOUNT OF
$161,400.00. (Project 580-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Siemens Industry, Inc.
1266 No. La Loma Circle
Anaheim, California 92806
DATE: July, 11, 2013
CONTENTS: Agreement
Performance Bond
Payment Bond
Contractor's Bid
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract C32870A for the 2013 Citywide Traffic Signal
Maintenance Project to Siemens Industry, Inc., of Anaheim, CA, in the
amount of$161,400.00 (Project No. 580-13);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of$16,140.00;
3. Appropriate $26,812.00 from unobligated Fund 234 to 234-4250-422-
4001; and
4. Authorize the Mayor to execute said Agreement.
Funds are available in Traffic Signal Maintenance Account No. 234-4250-422-4001.
No General Fund money is being used for this expenditure.
Staff Report
Award Contract No. C32870A for Project 580-13
July 11, 2013
Page 2 of 2
Backqround
The City of Palm Desert has 102 traffic signals which are generally maintained by the
City's three member traffic signal maintenance staff. Eleven signalized intersections are
in need of extensive repair work due to wire damage caused by insects, outdated
equipment, cabinet rust damage, and loop detector failure due to pavement shifting and
cracking. The City does not have the proper equipment for the maintenance staff to
make these repairs and the services of a qualified electrical contractor are required.
On June 13, 2013 the City Council authorized staff to purchase traffic signal cabinets
and authorized the City Clerk to advertize and call for bids for the 2013 Citywide Traffic
Signal Maintenance Project for construction of the needed repairs.
On July 3, 2013 the bids were opened and read aloud. The results are as follows:
Siemens Industry, Inc. Anaheim, California $161,400.00
PTM General Engineering, Inc. Riverside, California $198,800.00
The Traffic Signal Maintenance Project 580-13 is included in the FY 2012-2013 budget
in the amount of $240,000. The amount to purchase of traffic signal cabinets for this
project was $89,272.00. This left a balance in the project account of $150,728.
Therefore, to award the contract to Siemens Industries, Inc. ($161,400.00) and set
aside a 10 percent contingency ($16,140.00) it is necessary to appropriate $26,812.00
from unobligated Traffic Signal Fund to the project account.
Fiscal Analvsis
There will be no fiscal impact above the contract and contingency amount. No general
fund monies will be spent for this project.
Prepared By: ' Depa e H ad:
Ma S. Di cks, P.E. Mark Gr en ood, P.E.,
Transport o ngineer Director of ublic Works
i'd P� CITY COUNCIL�ON' .
APPROVED DENTED
Paul S. on, �ctor of Finance RECEIVED OTHEA
1i _
MEET
Ap ro al� AYES
NOES:
ABSENT:
Jo M. Wohlmuth, City Manager ABSTAIN:
VERIFIED BY: �
/ Original on File with City�Cl rk's Office
Contract No. C32870A
AGREEMENT
THIS AGREEMENT is made and entered into this 11 day of J�, 2013, by and
between City of Palm Desert, California, hereafter called "CITY" and Siemens Industry,
Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2013 CITYWIDE TRAFFIC SIGNAL MAINTENANCE, PROJECT NO. 580-13
CONTRACT NO. C32870A, 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) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 3; (m) Any Change Orders issued;
(n) Any additional or supplemental specifications, notices, instructions and
drawings issued in accordance with the provisions of the Contract Documents.
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 75 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
Contract No. C32870A
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 $1,000.00
dollars 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.
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
Contract No. C32870A
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. 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 worker's 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: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Contract No. C32870A
CONTRACTOR ACKNOWLEDGMENT
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 (seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
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 (seal)
Contract No. C32870A
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:
2013 CITYWIDE TRAFFIC SIGNAL MAINTENANCE
PROJECT N0.580-13
CONTRACT NO. C32870A
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 Industry, 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 One Hundred Sixtv One
Thousand, Four Hundred Dollars and no/00 ($161,400.00), 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 above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
. this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Page 1
Contract No. C32870A
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 , 20 .
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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 (Seal)
Page 2
Contract No. C32870A
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Siemens Industry, Inc., (hereinafter designated as the
"CONTRACTOR"), an agreement dated July 11, 2013 described as follows: 2013
CITYWIDE TRAFFIC SIGNAL MAINTENANCE, PROJECT NO. 580-13, CONTRACT
NO. C32870A, (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 Industry, 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 One Hundred Sixtv One Thousand, Four Hundred Dollars
and no/00 ($161,400.00), said sum being not less than one hundred percent (100%) of
the total amount payable by the said Obligee 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 heirs, executors, administrators, successors or assigns, or Subcontractors, shall 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,
or to pay any person 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 from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
payment notices under Section 3181 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
Page 3
Contract No. C32870A
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, granf or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Page 4
Contract No. C32870A
Acknowledgment
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 (Seal)
Page 5
• ' �f�;� T' �r .. �� ��
C - CONTRACTOR'S BID
� 2013 CITYWIDE TRAFFIC SIGNAL MAINTENANCE
PROJECT NO. 580-13
CONTRACT NO. C32870A
A TO: CITY OF PALM DESERT, "CITY"
� DATE: ����( �J,�YO\
BIDDER: 5� "CONTRACTOR"
� The UNDERSIGNED, "CONTRACT ", having carefully examined the site and the
Contract Documents for the construction of, 2013 CITYWIDE TRAFFIC SIGNAL
' MAINTENANCE, PR�JECT NO. 580-13, CONTRACT N�. C32870A, hereby proposes
to construct the work in accordance with the Contract Documents, including Addenda
No(s),I�_ for the amount stated in this Bid.
' By submitting this Bid, C�NTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Bid
constitutes an irrevocable offer for 60 calendar days after that date.
�
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
� informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
� contract shall only be deemed awarded after the C�NTRACTOR'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.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to pertorm the work.
5. That the accompanying certified or cashier'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 check or bond is to be charged with the costs of the resultant
damages to CITY, including but not iimited 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 and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
Page C-1
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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
pertormed, subject to such adjustment and alterations as elsewhere provided herein.
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Page C-2
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The costs of any work shown or required in the Ptans and S ecifications but not
p .
specifically identified as a Pay Item are included in the related Pay Item(s), and no
� additional compensation shall be due C4NTRACTC�R by virtue of C�NTRACT4R'S
compliance with the Plans and Specifications.
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, TOTAL AMOUNT BASE BID IN FIGURES $ �
T�TAL AMOUNT BASE BID IN WORDS LJ1 Il, Y ' �I�,,
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Page C-1 : __.�
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Page C-3
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