HomeMy WebLinkAboutC-2853 \A 0 0 - c\err5
R I INAL
. .__,
_ •,? AMENDMENT NO 3 TO THE 2013-2014 TRAFFIC SIGNAL
• ��^ MAINTENANCE SERVICES CONTRACT BY AND BETWEEN
THE CITY OF ARCADIA AND SIEMENS INDUSTRY, INC:
This Amendment No 3 ("Amendment No 3") is hereby entered into this 1g1h) day of
�1emh , 20.1k by and between the City of Arcadia, a municipal corporation of the
State of California, and Siemens Industry, Inc., a Delaware Corporation, with respect to that
certain Contract between the parties dated December 2, 2013, further amended by Amendment
No. 1 dated January 13, 2015, and further amended by Amendment No. 2 dated January 21,.
2016.
The parties agree as follows:
1. Section 3.3.4 of the Contract is amended by extending the term from December
2, 2016 to December 2, 2017 ("Extended Term").
2. Section 3.3.2 of the Contract is amended to provide that for the Extended Term
from December 2, 2016 to December 2, 2017, the City agrees to pay Siemens
Industry, Inc. a total sum not to exceed FORTY-FIVE THOUSAND, FIVE
HUNDRED EIGHTY-EIGHT DOLLARS AND SIXTY CENTS ($45,588.60).
3. All of the remaining terms and provisions of the contract are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date set
forth below.
CITY OF ARCADIA SIEMENS INDUSTRY, INC.
By: -- By: Hrc' ae_1 VALiackV .G
nic Lazzaretto
City Manager Title: A r-a. 0 pvd'ati Dv. s tH wry)/Zr
Dated: /ft l6 / ' Dated: I p,. (-
v
(SEAL) • • By: StC\/e.Y\ Qa�
Title: D`\(e
mod' :. z.d`
't�fl lA _bef iv37 Dated:
Cit erk
APPROVED AS TO FORM CONCUR:
p
Stephen P. Deitsch om Tait
City Attorney Public Works Services Director
VERIFICATION LETTER
Federal Insurance Company,Surety upon
a certain Bond#8233-42-14
dated effective October 21,2013
on behalf of Siemens Industry,Inc.
(Principal)
and in favor of City of Arcadia
(Obligee)
Amount of bond$44,959.17
Description of bond Performance/Payment Bond-Traffic Signal
Maintenance Services 10/21/2016-12/18/2016
Premium: $200.00
and that the said bond remains in effect,subject to all its agreements,conditions and limitations,
and ends only with the cancellation of said bond or other legal termination.
Signed and dated on October 10,2016
(Month-Day-Year)
Federal Insurance Company
By: _ .1O` t_ '*.411, _ts%1111
Cyn'i 'a L. Choren,Attorney-In-Fact
Marsh USA Inc.
Agent
445 South Street,Morristown,NT 07962
Address of Agent
973-401-5024
Telephone#of Agent
rp
i
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
City of St. Louis I ss.
r
On this 10th day of October , 2016 ,before me personally
appeared Cynthia L. Choren ,known to me to be the Attorney-in-Fact of
Federal Insurance Company
, the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County,the day and year in this certificate first above written.
/ Acea„)))/,
My Commission Expires: September 16, 2019 Brittany D. Clavin
Notary Public in the State of Missouri
(Seal) County of St. Louis
Commission# 15638336
1 B TANY D. CLAM
I 'Notary !'.thiic, Notary Seal
SI.„ . ,,r Missouri
St. i.oui,, County
Commission a# 15638336 i
My Commission Expires September 16, 2019
S-0230/GEEF 2/98
:r
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
mete Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Pamela A. Beelman, Cynthia L. Choren, Brittany D. Clavin, Joann R. Frank, Sandra L. Ham, Heidi A. Notheisen,
Karen L.Roider and Debra C.Schneider of St.Louis,Missouri---- .___o_____M__e______ ---
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than bail bonds)given or executed In the course of business,and any
Instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMMtANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 1 day of March,2016.
01111 i
....- / /,.� 4.---....—_
C
DavvrrM.Chloros,Assistant Secretary Davi. :. orris,Jr.,Vice Presi._-
(i) 'J rill
i
aP \t 51,
"tirM0'
STATE OF NEW JERSEY
•
ss.
County of Somerset
On this 1s t day of March, 2016 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the '
said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals
and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority
and that she is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said
Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By-Laws and In deponent's presence.
Notarial Seal
' `t •RAF KATHERINE J.ADELAAR 1; C__..'� NOTARY i. NOTARY PUBLIC OF NEW JERSEY
`g'� No.2318685
ij.
PUBLIC Commission Expires July 16,2019 Nota Public
y�'JENgf ry
CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'Except as otherwise provided In these By-Laws or by law or as otherwise directed by the Board of Directors,the President or any Vice President shall be authorized to
execute and deliver,in the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other instruments,either for the Corporation's
own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant
Secretary. The Board of Directors,the President or any Vice President designated by the Board of Directors may authorize any other officer,employee or agent to execute
and deliver, In the name and on behalf of the Corporation,agreements, bonds,contracts, deeds, mortgages,and other instruments, either for the Corporation's own
account or in a fiduciary or other capacity,and,if appropriate,to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may
be general or confined to specific instances?'
I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies"
do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(li) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed In the U.S.Virgin Islands,and Federal Is licensed in Guam,Puerto
Rico,and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this 1 0th day of October, 2 01 6 .
1 li lealit"4::;. t iil
4% tlf 4� N
Dawn M.Chloros,Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS
LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: suretyachubb.com
Form 15-10.02255-U GEN CONSENT(rev.07-15)
FEDERAL INSURANCE COMPANY.
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory
DECEMBER 31,2015
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS:TO POLICYHOLDERS
Cash and Short Term Investments $ 687,917 Outstanding Losses and Loss Expenses $ 12,174,848
United States Government,State and Unearned Premiums 3,726,665
Municipal Bonds 9,544,097 Dividends Payable to Stockholder 1,400,000
Other Bonds 4,491,238 Ceded Reinsurance Premiums Payable 329,694
Stocks 692,901 Provision for Reinsurance 35,560
Other Invested Assets ... .... . 2,187,839 Other Liabilities 1,295,093
TOTAL INVESTMENTS 17,603,992 TOTAL LIABILITIES 18,961,860
Investments in Affiliates:
Chubb Investment Holdings,Inc. 3,679,770 Capital Stock 20,980
Pacific Indemnity Company 2,930,246 Paid-In Surplus 3,106,809
, ,
Executive Risk Indemnity Unassigned Funds 10 150 916
mnity Inc lnc 1,267,144 g
Chubb Insurance Investment Holdings Ltd.... 1,020,650
CC Canada Holdings Ltd 590,955
Great Northern Insurance Company 469,230 SURPLUS TO POLICYHOLDERS 13,278,705
Chubb.Insurance Company of Australia Ltd. 404,845
Vigilant Insurance Company 306,232 .
Chubb European Investment Holdings SLP . 294,200
Other Affiliates 566,480
Premiums Receivable 1,659,749
Other Assets 1,447,072.
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS $.32;240,565 TO POLICYHOLDERS $ 32,240,565
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31.,2015,investments with a carrying value:of$546,611,273 were deposited with government authorities
as required by law.
State,County&City of New York, - ss:
Dawn M. Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2015 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2015.
Subscribed and sworn to before me
this March 11,2016:
JEANETTE SHIPSEY Assistant Secretary
__ • Notary Public,State of New York
Notary Public . ' No.02SH5074142
Qualified in Nassau County
Commission Expires March 10,2019
Form 15-10-0313A(Rev.3/16)
1100 -80 /C 2853
(PROJECT NO. Traffic Signal Maintenance Services 2013/2014)
CONTRACT FOR THE
CITY OF ARCADIA
TRAFFIC SIGNAL MAINTENANCE SERVICES 2013/2014
1. PARTIES AND DATE.
10 ��
This Contract is made and entered into this Z 0 day of ka- 20+V by and
between the CITY OF ARCADIA (hereinafter called the "City ") and SIEMENS INDUSTRY, INC.
(hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by City on September 9,
2013, has submitted a bid proposal for the Traffic Signal Maintenance Services 2013/2014
described in the Contract.
2.3 City has duty opened and considered the Contractor's bid proposal,, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on October 16, 2013.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a. Notice Inviting Bids
b. Instructions to Bidders
C. Contract Bid Forms
d. Contract
e. Contract Appendix
Part "A"
- General Conditions
Part "B"
- Supplementary General Conditions
Part "C"
- Special Provisions
Part "D"
- Specifications
Part "E"
- Drawings
Part "F"
- Performance Bond
Part "G"
- Payment Bond
RVPUR\DRD1570015 CONTRACT-2 GB - STATE & LOCAL (50515071660) (7/24100)
(PROJECT NO. Traffic Signal Maintenance Services 201312014)
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law.
Contractor s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work for the construction of Bid
Category number(s) necessary to fully and adequately complete the Traffic Signal Maintenance
Services 201312014, including any alternates selected by the City, and all structures and facilities
described in the Contract (hereinafter the "Work "), for a total of Forty -Four Thousand, Four
Hundred Severity Dollars and No Cents, ($44,470.00), as specified in the Contract Bid Forms
submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount
shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work
shall be subject to, and performed in accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
The term of this Contract shall be from date of execution and for the following year, unless
terminated as provided herein. Contact shall complete the Services within the term of this Contract,
and shall meet any other established schedules and deadlines.
Contractor shall perform the Services expeditiously, within the term of this Contract, and in
accordance with the Schedule of Services set forth in the project specifications. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
RVPUBORD157G015 CONTRACT-3 GB - STATE & LOCAL (5051507/650) (7/24/00)
(PROJECT NO. Traffic Signal Maintenance Services 2013/2014)
Contractor agrees that if such Work is not completed within the aforementioned period
and/or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of FIVE HUNDRED DOLLARS ($500.00) PER DAY as provided
by the applicable provisions of the General Conditions, found in Part "A" of the Contract Appendix.
3.5 City's Basic Obligation.
City agrees to engage and does hereby engage Contractor as an independent contractorto
furnish all materials and to perform all Work according to the terms and conditions herein contained
for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to
Contractor, as full consideration for the satisfactory performance by the Contractor of the services
and obligations required by this Contract, the above referenced compensation in accordance with
compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require 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 agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other parry, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the City.
RVP1LTBIDRD1570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/04)
I(PROJECT NO. Traffic Signal Maintenance Services 201312014)
0 3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be prodded by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
Siemens Industry, Inc.
1266 N. La Loma Circle
Anaheim, CA 92806
Attn: Chris Reyes, Area Manager
Cites
City of Arcadia
Public Works Services Department
11800 Goldring Road
Arcadia, CA 91066 -3021
Attn: Dave McVey, General Services Superintendent
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
ICITY OF ARCADIA
Domin
City Manager
Approved as to Form:
n
By: a I
Stephen P. Deitsch
City Attorney
SIEMENS INDUSTRY, IN
12
By:
itle
RVFUB\DRD1570015 CONTRACT-5
GB - STATE & LOCAL (505/507/660) (7124/00)