Loading...
HomeMy WebLinkAboutSiemens Industry Inc; 2016-08-08; PWM17-02GSCITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 # 1 Project: PWM17 -02GS, Aston Avenue and Rutherford Road Street Light Repair Date Routed: Reasons for changes: To: Contract Administration Department Head Department Director Item 1 : Installing a new concrete anchor bolt foundation for the street light repair. After inspecting the existing foundation and anchor bolts, we found the existing bolts to be rusted out and no longer viable for use. COST ACCOUNTING SUMMARY: Original contract amount $6,305.00 Total amount this C/0 $4,285.00 Total amount of previous C/O's $0.00 Total C/O's to date $4,285.00 New Contract Amount $10,590.00 Total C/O's as% of original contract 67.96% Contingency amount encumbered $0.00 Contingency increase I decrease $0.00 Contingency Subtotal $0.00 Total C/O's to date $4,285.00 Note: this CCO will be encumbered to the PO once fully executed. Project:# PWM17-02GS, Aston Ave and Rutherford Rd. Street Light Repair Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: #PWM17-02GS, Aston Avenue and Rutherford Road Street Light Repair CONTRACT NO. PWM17-02GS P.O. NO. P132636 ACCOUNT NO. 1626357-7242 CONTRACTOR: SIEMENS INDUSTRY ADDRESS: 1820 JOHN TOWERS AVE. STEA EL CAJON. CA 92020 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Installing new anchor bolt foundation, per San Diego Regional Standard Drawings, Caltrans specs. Increase to contract cost .................................................................. $4,285.00 TOTAL INCREASE TO CONTRACT COST .................................................. $4,285.00 Project:# PWM17-02GS, ASTON AVE AND RUTHERFORD RD. STREET LIGHT REPAIR Change Order No. 1 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY THIRTY (30) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: C MAN GER (DATE) ' ~ ((·j?•fle DEPA ~~T HEAD \ (DATE) ;lfn k / 1-T(;P• ( &' ECTOR (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), CONTRACT ADMINISTRATION, PURCHASING, RECORDS, CONTRACTOR PWM17-02GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ASTON AVENUE AND RUTHERFORD ROAD STREET LIGHT REPAIR This agreement is made on the S4 day of ~~ \J~-\-, 2016, by the City of Carlsbad, California, a municipal corporation, (hereinafter called ~ity"), and Siemens Industry, Inc., a Delaware corporation whose principal place of business is 1820 John Towers Ave, Suite "A", El Cajon, CA 92020 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: =:B.wrv'-"a'"'"'n'"'"t-'-'H""'"il,_l ___ _ (City Project Manager) WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. 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 contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Aston and Rutherford Street Light Repair Page 1 of 6 City Attorney Approved 2/29/2016 PWM17-02GS FALSE CLAIMS. 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. 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. 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 reference. 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 and that debarm ano er · ·ction is grounds for the City of Carlsbad to disqualify the Contract , or subcontr -r fr articipating i contract bidding. Signature: Print Name: Michael J. Hutchens/ Area Operations Manager REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "AX"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any 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 automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. INDEMNITY. The 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 Aston and Rutherford Street Light Repair Page 2 of 6 City Attorney Approved 2/29/2016 PWM17-02GS every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; 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, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Siemens Industry, Inc. (name of Contractor) 758796 (Contractor's license number) 02/28/2017 (license class. and exp. date) 1000002447 (DIR registration number) 6/30/2017 (DIR registration exp. date) Aston and Rutherford Street Light Repair Page 3 of 6 1820 John Towers Ave., Suite A (street address) El Cajon, CA 92020 (city/state/zip) 619-562-1104 (telephone no.) n/a (fax no.) jeffrey. pierce@siemens.com (e-mail address) City Attorney Approved 2/29/2016 PWM17-02GS AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. SIEMENS INDUSTRY, INC., a Delaware corporation By: Steven M. Teal Jr./ Director of Service (print name/title) ~..--- " By: .~ ""-----~ _j::/7 (sign here) Michael J. Hutchens/ Area Operations Manager (print name/title) CITY OF CARLSBAD, a municipal corporation State of California -~ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !!....§ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. ~R?WER,=ey BY: __ ~~~~~~~~~----­ Deputy City Attorney Aston and Rutherford Street Light Repair Page 4 of6 City Attorney Approved 2/29/2016 DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT KEVIN RIDDETT AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MATTHIAS SCHLELEIN Mobility Management Urban Transport I Mainline Transport (RS) Intelligent Traffic Systems Rail Electrification Customer Services SIEMENS INDUSTRY, INC.-MOBILITY DIVISION A The undersigned Kevin Riddett, President and Matthias Schlelein, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and Vice President Finance & Business Administration to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the foJJowing person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) [Name/Positicml John Paljug Marsha Smith VP-MM Senior Director, FBA-MM Michael Cahill, Christopher Halleus, VP-RS FBA-RS Robin .Stimson Michael Tyler Vice President RS MK&S Senior Director, CS Chris Maynard Madeline Rodriguez Senior Director RS CS Director, RS LOC/BG Steffen Goeller Christopher Giesch VP-TPE FBA-TPE Dave Ward James Thornton, Vice President RS LOC/BG Head of Procurement, MO MarcusWelz Rajarshi Ghosh ITS ITSBA B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such .delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in Paragraph A, limited to the monetary amount stated in this Paragraph. AUTHORIZED SIGNATORiES ' Ssles Operations Finance/Central Suppoit Function ·(Name/Position) (Name/Position) Douglas Dreisbach Mary Rachel Pearce Director of Projects -MM · Director of Finance & Administration -MM Bradley Hall Scott Carper 1 VP, Sales Mana!ler FBA-MM Jack Wilson Valerie Conway MM Sales Senior Director SCM RS Steve Gitkin Jessica Shaiegan Sales Director-ITS MM c. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but Is limited to the same scope, documents and subject matter as referenced and granted in Paragraph A, limited to the monetary amount stated In this Paragraph AUTHORIZED SIGNATORIES Business Operations Finance/Central SupQort Function (Name/Position) (Name/Position) David Gutierrez Nikki Bassi Director RS UT Director RS Tony Ritter Cathie Steele Director, CS Segment Controller, RS CS UT Reiner· Martin Kim Swain Director, RS CS Se,qment Controller RS Metros & Coaches Omid Akbarzadeh-Paydar Fleur Gessner Business Manager Bogies RS LOC BG Segment Controller, RS BG Mark Bennett Carrie Hernandez Vice President -RS Operations SCC SPR RS Raymond Ginnell . Michelle Picard General Project Manager, RS Director, RS Jalmle Doherty Mirko Giese Director, Rl HI BA Armin Kick Claus Maucher Director, RS HI Finance Director, ITS Services Steve Teal Director, ITS Services D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced In paragrapii A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in Paragraph A, limited to the monetary amount stated in this Paragraph~ AUTHORIZED SIGNA TORIES Business Operations Finance/Central SUQQort Function {Name/Position) (Name/Position) Stephan Klein, Tommy C~arurat Director MM Director Performance Controlling, RS Paul Eliea, Sandra Kluthausen, Director MM Commercial Manager David Costello, Gisela Kaufmann Director , MM Controller Dave Jeanette Rudolf Wagner Manager MM PerfOrmance Controlling Jim Lyons Constanze Kutschki Sr. Manager , MM Manag_er, Order Management RS Jeff Balogh Kathrin Schicketanz Sr. Director MM Commercial Project Mana..qer, RS LOC George Long Honald Staggs 2 Director EnglneerinQ RS Commercial Proj_ect Manag~r. RS UT Greg Tindall Mary Matos Director, Quality RS Commercial Project Manager RS UT Robert Martner Vesa Venttinen Senior Project Manager, RS LOG Commercial Project Managerr_ RS UT Jeffrey Curran Alexander Jankowski Project Manager RS UT Commercial Project Manager, RS UT Duane Kopp Christine Jaw Project Manager, RS UT Commercial Project Manager, CS Ron VanHuuksloot Steffen Hertel Project Manager, RS UT Commercial Project Manager RS LOG Thomas Stehlik Larry Chen Project Manaoer RS UT Commercial Project Man~ger cs Vlorel Aninoiu Kavita Patel Project Manager, RS UT Commercial Project Man~g_er cs Carsten Nebe Paul Berq uam, Project Manager RS UT Director Business Continuity RS Marl< Anderson Patrick Blackburne Project Manager CS Commercial Proj_ect Man~er, RS Aaldrik Matting Craig Debevoise Project Manager, CS Projects Commercial Jochen Woern Christoph Hilgers Project Manager, CS Director Operations Controlling RS Brad Bonn Manuel Schirnhofer ProJect Manager, cs Commercial Project Manager RS LOG Chander Khanna, Miriam Sheer Sr. Director, Manufacturing Processes RS Commercial Project Manager, CS Paul Aichholzer Christopher Smith Proiect Manaoer RS LOC Commercial PrQiect Manager RS UT Digant Dave, David Spence Project Manager, CS Commercial Project Manager Ibrahim Kalender Stefan Hofer - ProJect Manager, RS BG Commercial Project Manag_er Barry Sidler Sabine Andrikos Proaram Manaoer, cs Commercial Service Man1:1g_er Michael Dlaz Natalie Maga Projects Commercial Project Manager, MM Dimitrios Andrikos Matthew Chalmers Sales Operations Commercial Project Manag~r. M.M Christopher Romeo Michael Danka Operations manager Commercial Proiect Mana_qer, M.M Mike Emmons Operations ManaQer Luis Correia Project ManaQer, CS Trine Boedker Jensen Project Manager CS Michael Hutchens Operations Manaoer William Tucker Operations Manager Christopher Mcelroy Service Account Manaoer E. It ls further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C and 0 are binding upon the Corporation. 3 F. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. G. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority. hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. H. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to Issue certifications attesting to the incumbency, authority and status of any of the persons referred to In this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and c;tffixed the corporate seal of the said Corporation, as of the 1st day of January, 2016. · Matthias Schleleln Vice President, Finance and Business Administration Siemens Industry. Inc. Mobility Division 4 . PWM17-02GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract 11 ~ 'rJtJJ[_ '"' Total% Subcontracted: Aston and Rutherford Street Light Repair Page 5 of 6 City Attorney Approved 2/29/2016 PWM17-02GS EXHIBIT B Provide all labor, equipment and materials necessary to install a new street light pole and fixture at the intersection of Aston Avenue and Rutherford Road (City of Carlsbad Hansen Work Order 445998). The pole and fixture shall be placed on the existing foundation. Installation shall include setting pole, installing mast arm, installing light fixture, and miscellaneous electrical work between the pull box and street light as well as pouring new concrete cap. All work shall be performed in accordance with the City of Carlsbad's Engineering Standards, the 2015 Standard Specifications for Public Works Construction (Greenbook), 2010 Caltrans Standard plans and Caltrans Specifications. JOB QUOTATION ITEM UNIT QTY' DESCRIPTION PRICE NO. 1 LS 1 Install Amaron pole 26226 #371 2AP8A concrete street $6,305.00 light pole with new GE 85W LED fixture on existing foundation. TOTAL* $6,305.00 *Includes taxes, fee's, expenses and all other costs. Aston and Rutherford Street Light Repair Page 6 of6 City Attorney Approved 2/29/2016