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C-5279 - M/RSA for Maintenance and Repair of City Traffic Signal System
CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAVID A. WEBB, DIRECTOR August 3, 2018 Michael J. Hutchens Area Operations Manager Siemens Mobility, Inc. 2250 Business Way Riverside, CA 92501 Subject: Notice -of -Completion of Traffic Signal Maintenance and Repair Services Agreement (C-5279) Dear Mr. Hutchens, Siemens Industry, Inc. has successfully completed the C-5279, the Traffic Signal Maintenance and Repair Services Agreement, to the satisfaction of the Public Works Department. This letter shall serve as notice for the release of all bonds under Contract No. C-5279. Thank you, David A. Webb Public Works Director cc: City Clerk POST OFFICE BOX 1768, NEWPORT BEACH, CA 92658-8915 P (949) 644-331 1 1 F (949) 644-3318 1 WWW. NEWPORTBEACHCA.GOV a - r N CITY OF NEWPORT BEACH U S PUBLIC WORKS DEPARTMENT DAVID A. WEBB. DIRECTOR May 30, 2017 Jeffrey A. Pierce Service Operations Supervisor Siemens Industry, Inc. 2200 West Orangewood Avenue, Suite 210 Orange, CA 92868 Subject: Renewal of Traffic Signal Maintenance and Repair Services Agreement (C-5279) Dear Mr. Pierce, Siemens Industry, Inc. has successfully completed the Traffic Signal Maintenance and Repair Services Agreement for Fiscal Year 2016-2017 to the satisfaction of the City. The City has opted to grant the final renewal of the contract agreement for Fiscal Year 2017- 2018 from July 1, 2017 through June 30, 2018. Thank you, JeC AntonyBriv City Traffic Engineer Cc: City Clerk POST OFFICE BOX 1768, NEWPORT BEACH, CA 92658-8915 P (949) 644-331 1 1 F (949) 644-3318 1 WWW.NEWPORTBEACHCA.GOV 0<j ' CITY OF NEWPORT BEACH U�� Z PUBLIC WORKS DEPARTMENT C' DAVID A. WEBB, DIRECTOR "'-f ro p. June 16, 2016 Jeffrey A. Pierce Service Operations Supervisor Siemens Industry, Inc. 2200 West Orangewood Avenue, Suite 210 Orange, CA 92868 Subject: Renewal of Traffic Signal Maintenance and Repair Services Agreement (C-5279) Dear Mr. Pierce, Siemens Industry, Inc. has successfully completed the Traffic Signal Maintenance and Repair Services Agreement for Fiscal Year 2015-2016 to the satisfaction of the City. The City has opted to grant the automatic renewal of the contract agreement for Fiscal Year 2016-2017 from July 1, 2016 through June 30, 2017. Thank you, Antony Brine City Traffic Engineer Cc: City Clerk POST OFFICE BOX 1768, NEWPORT BEACH, CA 92658-8915 P (949) 644-331 1 1 F (949) 644-3318 1 WWVI.NEWPORTBEACHCA.GOV April 12, 2016 Antony Brine City Traffic Engineer Public Works Department City of Newport Beach 100 Civic Center Dr. Newport Beach, Ca 92660 Siemens Industry Inc. 2200 W. Orangewood Ave. Suite 210 Orange, California 92868 714.456.9902 714.456.9905 Fax www.usa-siemens.com/mobility Subject Traffic Signal Maintenance Contract extension & (2.4%) CPI Increase Request Dear Mr, Brine Please consider this letter as a formal request for the extension of our current Traffic Signal Maintenance Contract (Contract No. 5279)"Maintenance and Repair Services Agreement for Maintenance and Repair of the city traffic signal system" between Siemens Industry, Inc. and the City of Newport Beach. We are requesting an extension for an additional year for the fourth renewal term which will extend the current contract through June 30th, 2017. At this time, we are requesting an increase based upon the current CPI (2.4%) which we have attached for your reference. An updated rate schedule is attached Please note that the current rate schedule will remain in place until the end of the fiscal year. We feel we have completed another successful and mutually beneficial year with the City of Newport Beach. We thank you for your business and we are looking forward to continue servicing the City of Newport Beach. Please feel free to contact me if you have any questions or concerns. Thank You, Jeffrey A. Pierce Service Operations Supervisor Siemens Industry, Inc. MO/ITS/CS The foregoing offer is hereby accepted this day of 2016. CITY OF NEWPORT BEACH 2 Title: 1. Routine Maintenance (see Section 11) Exhibit B Revised Contract Unit Price Schedule for 2016/17 Traffic Signal Maintenance Items Page 1 of 3 a Each Signalized intersection for monthly tasks EA 112 $ 65.33 S 66.90 $ 7,316.96 S 7.492,57 b Each Siqnalized intersection for 3 month tasks EA 112 $ 4.02 S 4.12 $ 450.24 S 461.05 c Each Si;nalized intersection for 6 month tasks EA 112 $ 8.04 S 8.23 $ 900.48 -S 922.09 d Each Signalized intersection for 12 month tasks EA I i. Each Battery Back-up System Test Per Intersection) EA 1 $ 10.05 $ 10.29 $ 10,05 S 10.29 H. Each Conflict Monitor/MMU Test (Per Intersection) EA 1 $ 55.28 S 56.61 $ 55.28 S -56.61 iii, Video Detection Camara Cleaning (Per Intersection ) EA 1 $ 60.30 S 61.75 $ 60.30 S 61.75 iv, EVP Optical Detector Lens Cleaning (Per Intersection) EA 1 $ 60.30 S 61.75 S 60.30 S 61.75 v. CCTV Camera Cleaning Per Intersection) EA I $ 65.33 $ 66.90 S 65.33'-$ 66.90 e Each Flashing Crosswalk for monthly tasks EA 1 $ 45.23 S 46.32 $ 46.23 S 4632 ITotal $ 8,964, 7 $ Page 1 of 3 2 Extraordina- Maintenance (see Section 111) or Keplacement. or Goun to own Walkirl a nd Fui:JL501a 11 61 nal ly UvIij I I Luuw I I L-rA I I W c 1.- 11 -1-1 141 v cc 0- 1 n Replacemen of PPB & BPB w/ ADA approved buttons and Signs CIA 1 -D CDR -N, ffll(grjdP P 12u.63 0 a 0 I Replacement of Luminaire, safety Light lamp (per Unit) EA 1 60.30 $ 61.75 $ 60.30 S 61.75 .b Pedestrian Head Replacement of Luminaire safety Light Ballast (per unit) EA .1 $ 85.43 $ 87.48 $ 85.43 $ 87.48 is EA Replacement of IISNS Lamp (per..unit) EA 1 $ 65.33 $ 66.90 $ 65.33 $ 66.90 Fd- Kjl-acenient of IISNS Ballast (per unit) EA 1 $ 100.50 s 102.91 $ 100,60 S 10291 le $ Replacement of LED IISNS Assembly (per unit) EA 1 $ 1,105.50 S 1,132.03 $ 1,105.50 S 1,132.03 f 402.00 Replacement of IISNS Panes er unit) EA 1 $ 241.20 $ 246.99 $ 241.20 S 246.99 Replacement of Vehicle Indication r Res gorse to USA Callout/Mark:nq Facilities EA 125.63 $ 128.65 gI 12" Green Ball EA 1 $ 92.46 S 94,68 $ 92,46 S 94.58 92 12" Yellow Ball EA 1 $ 92.46 S 94.68 $ 92.46 $ 94.68 _ g3 12" Red Ball EA 1 $ 85.43 S 87.48 $ 85.43 S 87.48 q1 12" Green Arrow EA 1 $ 92.46 $ 94.68 $ 92.46 $ 94.68 - g2 12" Yellow Arrow EA 1 $ 90.45 $ 92.62 $ 90.45 $ 9262 g3 12" Red Arrow EA 1 $ 88.44 $ 90.56 $ 88.44 $ 90,56 94 8" Green Ball EA 1 $ 105.53 S 108.06 S 105.53 $ 108.06 g5 8" Yellow Ball EA I $ 100.50 s 102.91 $ 100.50 s 102.91 q6 &'Red Ball EA I s 95.48 S 97,77 $ 95.48 S 97.77 g7 - I Program Vvisibility Indication EA 1 $ 95.48 $ 97.77 S 95.48 $ 97.77 g8 3 Section 12" Vehicle Head Assembly w/ LED EA 1 $ 502.50 S 514.56 S 502.50 $ 514.56 g9 4 Section 12" Vehicle Head Assembly wi..LED EA 1 $ 703,50 S 720.38 $ 70350 S 720..38 glo 5 Section 12" Vehicle Head Assembly,.vl LED EA 1 S 854.25 $ 874.75 $ 854.25 S 874 ' 75 g11- --Sack plate for a 3 Section Vehicle Head EA 1 125.63 S 128.65 $ 125.63 S 128.65 g12- Back late for a 5 Section Vehicle Head EA 1 $ 165.83 $ 169.81 $ 165.83 $ 169.81 h Replacement of Standard Type E Detector Loops hl 4 or Less EA 1 $ 427,13 $ 437.36 $ 427.13 S 437.38 h2 More than 4 EA 1 $ 376.88 $ 385.93 S 376.88 S 38593 Ii Replacement of Standard Type E Detector Loops Modified F �il 4 or Less EA 1 $ 452.25 S 463.10 $ 452.25 $ 463.10 -i2,--More than 4 EA 1 $ 402.00 $ 411.65 $ 402.00 1 S 411.65 Replace Pull Box with Christy Fiberlite I ji No. 3 EA 1 $ 221.10 S 226.41 $ 221.10 $ 226.41 j2 No. 5 EA 1 $ 321.60 S 329.32 $ 321,60 S 329.32 j3 No. 6 EA 1 $ 452.25 S 463.10 $ 452.25 $ 463.10 k Replacement of Walk/Don't Walk totype A LED Module EA 1 $ 160,80 S 164.66 S 160.80 $ 164.66 1 Replacement of Walk/Hand totype A LED Module - . . - .. .., .. ". I -_,--'-- - - EA 1 $ , 0 1 IM -2 ! ;I;V-H 160.80 x 13ir no $ C 16466 1)0a or Keplacement. or Goun to own Walkirl a nd Fui:JL501a 11 61 nal ly UvIij I I Luuw I I L-rA I I W c 1.- 11 -1-1 141 v cc 0- 1 n Replacemen of PPB & BPB w/ ADA approved buttons and Signs CIA 1 -D 125.63 S 128.6 P 12u.63 0 128.6 0 Refinishing of signals (Painting) o1 Pedestrian Head EA 1 $ 75.38 5 77.19 $ 75.38 S 77.19 o2 Signal Head EA 1 $ 125.63 $ 128,65 $ 125.63 S 128.65 p of Cabinet and Service (Painting) -�Refinishing pI Cabinet EA 1 $ 854.25 $ 874.75 $ 854.25 5 874.75 p2 Service EA 1 $ 402.00 $ 411.65 $ 402.00 S 411.65 Material and Parts: Invoices plus 15% r Res gorse to USA Callout/Mark:nq Facilities EA 125.63 $ 128.65 125.63 S 128.65 Total 9,848.07 $ 10,084.42 Page 2 of 3 Paqe 3 of 3 t s Labor ti Pick-up Truck HR s 15.08 $ sl_ Registered Civil Engineer HR $ 150.75 $ 154.37 $ 150.75 $ 154.37 s2_ Engineering Technician HR s 85.43 $ 87.48 S 115.58 s 118.35 s3 Superintendent HR $ 92.46 S 94.68 s 130.65 S 133.79 s4 Transportation Systems Technician HR $ 68.34 $ 69.98 $ 97.49 1 S 99.83 s5 Transportation Systerns Electrician HR $ 75.38 S 77.19 $ 115.58 $ 118.35 s6 Laborer HR s 48,24 $ 49.40 $ �.34 S 69.98 S, Painter HR $ 48.24 S 49.40 $ 68,34 1 S 69.98 S8 Interconnect/Communication Specialist HR $ 90.45 $ 92,62 $ 125-,6--3-FS 128.65 Fiber Optic Specialist HR $ 90.45 S 92.62 $ 125.63 1 S 128.65 Paqe 3 of 3 t ti Pick-up Truck HR s 15.08 $ 15.44 L Service Truck HR $ 20.10 S 20.58 13 Service Boom Truck HR $ 28.14 $ 28.82 t4 Water Truck HR $ 10.05 s 10.29 t5 Concrete Saw and Truck H 20.10 s 20.58 Air Compressor with Tools HR $ 15.08 S 1544 U Crane HR $ _ 65.33_1 $ 66.90 Paqe 3 of 3 '40V "BLS BURLAL' OP LABOR SrATIS'I'[C:ti DEPARFMEN7 OF LABOR For Release: Wednesday, March 16, 2016 NEWS RELEASE WESTERN INFORMATION OFFICE: San Francisco, Calif. Technical information: (415) 625-2270 • BLSinfoSF@bls.gov bls.gov • www.bls.gov/regions/west Media contact: (415) 625-2270 Consumer Price Index, Los Angeles area — February 2016 Area prices Nvere unchanged over the past month, up 2.4 percent from a year ago 16 -537 -SAN Prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI -U), were unchanged in February, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Richard J. Holden noted that the two expenditure categories with the largest opposing effects were lower gasoline prices and higher apparel prices. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect seasonal influences.) Over the last 12 months, the CPI -U increased 2.4 percent. (See chart 1 and table A.) Energy prices decreased 7.9 percent, largely the result of a decrease in the price of gasoline. The index for all items less food and energy increased 3.4 percent over the year. (See table 1.) Chart 1. Over -the -year percent change in CPI -U, Los Angeles, February 2013—February 2016 Percentchan_ae 4.Q 3.a 2.0 1 G I V/'��\/ t - F Eb M av Ave NG" Feb L?av T•1;a Nov Fet f;iav 4uaN0a Feb Source U S Eureau of Labor Statistics Food Food prices rose 0.7 percent for the month of February. (See table 1.) Prices for food away from home rose 0.7 percent, and prices for food at home advanced 0.6 percent for the same period. Over the year, food prices advanced 1.9 percent. Prices for food away from home advanced 4.2 percent since a year ago, and prices for food at home advanced 0.3 percent Energy The energy index decreased 8.3 percent over the month. The decrease was mainly due to lower prices for gasoline (-14.3 percent). Prices for natural gas service decreased 0.3 percent, while prices for electricity were virtually unchanged for the same period. Energy prices decreased 7.9 percent over the year, largely due to lower prices for gasoline (-12.5 percent). Prices for electricity declined 1.7 percent, and prices paid for natural gas service declined 1.1 percent during the past year. All items less food and energy The index for all items less food and energy advanced 0.6 percent in February. Higher prices for apparel (6.9 percent) and medical care (2.7 percent) were partially offset by lower prices for education and communication (-1.7 percent) and recreation (-1.1 percent). Over the year, the index for all items less food and energy increased 3.4 percent. Components contributing to the increase included medical care (9.2 percent), apparel (7.0 percent), and shelter (4.1 percent). Partly offsetting the increases were price declines in household furnishings and operations (-1.0 percent) and education and communication (-0.7 percent). Table A. Los Angeles -Riverside -Orange County CPI -U monthly and annual percent changes (not seasonally adjusted) Month 2011 2012 2013 2014 2015 2016 Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual January .............. 0.9 1.8 0.8 2.1 0.8 2.0 0.5 0.8 -0.3 -0.1 0.7 3.1 February ............. 0.5 2.3 0.5 2.1 0.7 2.2 0.5 0.5 0.7 0.1 0.0 2.4 March ................ 1.1 3.0 1.0 2.0 0.1 1.3 0.6 1.0 1.0 0.5 April .................. 0.5 3.3 0.0 1.5 -0.4 0.9 0.0 1.4 -0.1 0.5 May ................... 0.0 3.1 0.1 1.6 0.1 1.0 0.4 1.7 1.0 1.1 June .................. -0.4 2.9 -0.4 1.6 -0.1 1.4 0.1 1.8 -0.3 0.8 July ................... -0.4 2.4 -0.1 1.9 -0.1 1.3 0.1 2.0 0.7 1.4 August ............... 0.2 2.4 0.6 2.3 0.1 0.8 -0.1 1.8 -0.3 1.1 September........... 0.5 3.1 0.4 2.2 0.2 0.6 0.0 1.7 -0.4 0.7 October .............. 0.0 2.8 0.8 3.0 0.1 -0.1 -0.1 1.4 0.2 1.0 November........... -0.1 3.0 -1.0 2.1 -0.5 0.4 -0.7 1.3 0.0 1.6 December........... 1 -0.5 2.2 -0.7 1.9 0.0 1.1 -0.5 0.7 -0.1 2.0 -2- The March 2016 Consumer Price Index for the Los Angeles -Riverside -Orange County area is scheduled to be released on April 14, 2016. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 89 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 28 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 87 urban areas across the country from about 6,000 housing units and approximately 24,000 retail establishments --department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details see the CPI home page on the Internet at www.bis.gov/coi and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www.bls.gov/opub/hom/homchl7 a.htm. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE:Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Los Angeles -Riverside -Orange County, CA. metropolitan area covered in this release is comprised of Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties in the State of California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691-5200; Federal Relay Service: (800) 877-8339. -3- Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Los Angeles -Riverside -Orange County, CA (1982-84=100 unless otherwise noted) Item and Group Indexes Percent change from - Dec. Jan. Feb. Feb. Dec. Jan. 2015 2016 2016 2015 2015 2016 Expenditure category All items........................................................... 245.357 247.155 247.113 2.4 0.7 0.0 All items (1967=100) ............................................ 724.893 730.207 730.081 - - - Food and beverages .......................................... 249.752 251.903 253.685 1.9 1.6 0.7 Food........................................................... 249.838 252.083 253.784 1.9 1.6 0.7 Food at home .............................................. 256.077 258.072 259.695 0.3 1.4 0.6 Food away from home .................................... 238.404 240.923 242.695 4.2 1.8 0.7 Alcoholic beverages ......................................... 233.690 234.369 237.203 2.4 1.5 1.2 Housing......................................................... 270.386 272.241 273.047 3.2 1.0 0.3 Shelter........................................................ 307.810 309.527 310.774 4.1 1.0 0.4 Rent of primary residence (') ............................. 323.270 324.583 325.509 4.3 0.7 0.3 Owners' equiv. rent of residences 0) (2) ................. 320.073 321.183 322.226 3.8 0.7 0.3 Owners' equiv. rent of primary residence (') (Z) ....... 320.054 321.164 322.208 3.8 0.7 0.3 Fuels and utilities ............................................ 290.880 294.663 295.788 -0.2 1.7 0.4 Household energy ......................................... 256.045 259.428 259.039 -1.5 1.2 -0.1 Energy services (') ...................................... 254.881 258.261 257.877 -1.5 1.2 -0.1 Electricity (1) ............................................ 296.080 301.034 300.681 -1.7 1.6 -0.1 Utility (piped) gas service (') ......................... 204.688 205.093 204.573 -1.1 -0.1 -0.3 Household furnishings and operations .................... 115.587 117.049 116.170 -1.0 0.5 -0.8 Apparel.......................................................... 106.662 109.239 116.730 7.0 9.4 6.9 Transportation.................................................. 191.681 192.534 185.554 -2.9 -3.2 -3.6 Private transportation ....................................... 186.458 187.604 180.257 -2.9 -3.3 -3.9 Motor fuel ................................................... 218.367 223.372 191.643 -12.6 -12.2 -14.2 Gasoline (all types) ...................................... 213.709 218.785 187.573 -12.5 -12.2 -14.3 Gasoline, unleaded regular (3) ....................... 214.090 219.173 187.470 -12.8 -12.4 -14.5 Gasoline, unleaded midgrade (3) (4) ................. 204.578 209.295 181.278 -11.1 -11.4 -13.4 Gasoline, unleaded premium (3) ..................... 204.270 208.928 180.614 -11.7 -11.6 -13.6 Medical care. ................................................... 443.162 445.247 457.056 9.2 3.1 2.7 Recreation t5) .................................................. 106.622 108.878 107.655 4.7 1.0 -1.1 Education and communication (5) ........................... 145.643 146.789 144.245 -0.7 -1.6 -1.7 Other goods and services .................................... 390.022 390.459 392.085 2.6 0.5 0.4 Commodity and service group All items........................................................... 245.357 247.155 247.113 2.4 0.7 0.0 Commodities................................................... 173.172 175.053 173.879 -0.3 0.4 -0.7 Commodities less food & beverages ...................... 133.158 134.833 132.515 -2.0 -0.5 -1.7 Nondurables less food & beverages ..................... 171.621 174.709 169.987 -2.1 -1.0 -2.7 Durables .................................................... 95.479 95.761 95.816 -1.7 0.4 0.1 Services......................................................... 309.571 311.291 312.265 3.9 0.9 0.3 Special aggregate indexes All items less medical care ..................................... 236.745 238.525 238.028 2.0 0.5 -0.2 All Items less shelter ............................................ 218.173 220.019 219.387 1.4 0.6 -0.3 Commodities less food .......................................... 137.462 139.132 136.919 -1.8 -0.4 -1.6 Nondurables...................................................... 211.415 214.140 212.307 0.1 0.4 -0.9 Nondurables less food .......................................... 177.323 180.331 175.929 -1.8 -0.8 -2.4 Services less rent of shelter (2) ................................ 320.856 322.629 323.216 3.7 0.7 0.2 Services less medical care services ........................... 297.997 299.771 299.917 3.4 0.6 0.0 Energy............................................................ 233.640 238.041 218.222 -7.9 -6.6 -8.3 Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Los Angeles -Riverside -Orange County, CA (1982-84=100 unless otherwise noted) - Continued Indexes Percent change from - Item and Group Dec. Jan. Feb. Feb. Dec. Jan. 2015 2016 2016 2015 2015 2016 All items less energy ............................................ 248.104 249.720 251.168 3.2 1.2 0.6 All items less food and energy ............................... 1 248.140 249.652 251.0591 3.4 1.2 0.6 This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (2) Index Is on a December 1982=100 base. P) Special Index based on a substantially smaller sample. (") Indexes on a December 1993=100 base. cs� Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. -5- AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVICES AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR MAINTENANCE AND REPAIR OF CITY TRAFFIC SIGNAL SYSTEM THIS AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 15th day of October, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SIEMENS INDUSTRY, INC., a Delaware corporation ("Contractor"), whose address is 1266 N. La Loma Circle, Anaheim, California 92806, and is made with reference to the following: RECITALS A. On November 27, 2012, City and Contractor entered into an annual Maintenance and Repair Services Agreement ("Agreement") to perform regularly scheduled maintenance and repair services for the City's traffic signals, traffic signal controllers, electrical or mechanical traffic control or traffic devices, traffic signal poles and all other hardware, closed circuit television cameras, flashing crosswalk, flashing beacon, battery backup systems, radar speed warning devices, as well as providing emergency response and extraordinary maintenance and repair of the City's traffic signal system ("Project"). B. The Original Term of the Agreement, as that term is defined in the Agreement, expired on December 31, 2013, and the City elected to grant the first renewal of the term and extend the Agreement from January 1, 2014 through December 31, 2014. C. The Agreement provides for up to four (4) renewal terms, which collectively provide for the extension of the Agreement term to December 31, 2017. D. City desires to enter into this Amendment No. 1 to change the renewal term from calendar year to fiscal year; extend the term of the Agreement to June 30, 2018; and, increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on January 1, 2013 ("Effective Date"), and shall terminate on December 31, 2013 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the City's option to automatically renew the Agreement for five (5) additional terms ("Renewal Term(s)"), unless terminated earlier as provided in the Agreement and as follows: TERM Original Term First Renewal Term Second Renewal Term Third Renewal Term Fourth Renewal Term Fifth Renewal Term Date January 1, 2013 — December 31, 2013 January 1, 2014 — December 31, 2014 January 1, 2015 — June 30, 2015 July 1, 2015 —June 30, 2016 July 1, 2016 — June 30, 2017 July 1, 2017- June 30, 2018 The term of this Agreement, including the Original Term and any Renewal Terms shall not extend beyond June 30, 2018 without a written amendment to this Agreement." 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis, in accordance with the provisions of this Section and the Schedule of Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's total compensation for Services performed in accordance with this Agreement shall be as follows: TERM Original Term First Renewal Term Second Renewal Term Third Renewal Term Fourth Renewal Term Fifth Renewal Term COMPENSATION (Not -to -Exceed) $280,000 $440,000 $220,000 $440,000 $440,000 $440,000 Siemens Industry, Inc. Page 2 No rate changes shall be made during the term of this Agreement, including the Original Term and any Renewal Terms, without the prior written approval of the City. The compensation amounts shall not be exceeded without prior written authorization from City." The total amended compensation reflects Contractor's additional compensation for Services to be performed in accordance with this Amendment No. 1, including all reimbursable items and subcontractor fees, as follows: (1) An amount not to exceed One Hundred Sixty Thousand Dollars and 00/100 ($160,000.00) for the twelve (12) month period between January 1, 2014 and December 31, 2014; (2) An amount not to exceed Two Hundred Twenty Thousand Dollars and 00/100 ($220,000.00, for the six (6) month period from January 1, 2015 through June 30, 2015; and (3) An amount not to exceed Four Hundred Forty Thousand Dollars and 00/100 ($440,000.00 for each twelve (12) month period from July 1 through June 30 from the Third Renewal Term commencing July 1, 2015. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Siemens Industry, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:-161I'I 11 By: Aaron C. Harp CA�n 1011-rJw City Attorney ATTEST: Date: B y. �V U� kXYV-- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: `�2 L Rush N. Hill, II Mayor CONTRACTOR: Siemens Industry, Inc., a Delaware corporation Date: Taraboriboon Com ercial rea Manager Date: B' StevenTeal Operations Mana [END OF SIGNATURES] Siemens Industry, Inc. Page 4 CITY OF F NEWPORT REACH City Council Staff Report October 28, 2014 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Brad Sommers, Senior Civil Engineer PHONE: (949) 644-3326 TITLE: Approval of Amendment No. 1 to the Traffic Signal Maintenance Agreement with Siemens Industry, Inc. ABSTRACT: On November, 27 2012, the City entered into a Professional Services Agreement with Siemens Industry, Inc. for routine signal maintenance, repair services and emergency response for the City's 120 traffic signals, flashing crosswalks, and six flashing beacons. On-going traffic synchronization projects, additional incident response, increases in desired minor upgrades and maintenance projects necessitate an increase in the agreement limits and revision of the annual term to match the Fiscal Year. RECOMMENDATION: a) Approve Amendment No. 1 to the current Professional Services Agreement with Siemens Industry, Inc., of Anaheim, for annual maintenance of the City's traffic signal equipment to increase the compensation for the remainder of the 2013-14 term by an additional $160,000; modify the term from calendar year to a fiscal year term; provide compensation for the period between January 1, 2015 and June 30, 2015 in an amount not to exceed $220,000; and increase the compensation for annual maintenance beginning Fiscal Year 2015-16 by an additional $160,000; and b) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. FUNDING REQUIREMENTS: There are sufficient funds available in the Public Works Traffic Signal Operation and Maintenance account (5200-8030) and Capital Improvement Program for this maintenance agreement amendment for the current fiscal year. Funds will be appropriated annually for traffic signal maintenance through the budget process during the term of the contract. LX DISCUSSION Maintenance and operation of the City's traffic signal system is managed by Public Works staff through an outsourced maintenance company that specializes in traffic signal operation and repair. Keeping the City's traffic signal system operational and in good working condition is a priority and includes routine maintenance, inspections, retiming; traffic signal equipment testing, repair and replacements; marking of underground conduits for Underground Service Alerts; emergency response for traffic signal outages and repair of damage poles/equipment from traffic collisions; and upgrades and replacements for minor projects. On November 27, 2012, the City entered into an annual Professional Services Agreement with Siemens Industry, Inc. for routine signal maintenance, repair and replacement services and emergency response for the City's traffic 120 signals, flashing crosswalks, and six flashing beacons. Historically, annual traffic signal maintenance costs vary from year to year. The annual budget for routine maintenance tasks can generally be fixed as it represents specified costs per intersection. Extraordinary maintenance costs vary, and are the result of traffic signal synchronization projects, minor upgrades, unforeseen outages, repairs and traffic collision damage. Previous review of historical expenditures determined an annual compensation limit of $280,000 to be adequate for both routine maintenance and any as-needed/emergency work. But over the last year, Public Works has seen an overall increase in maintenance and replacement work as the system continues to age in addition to work associated with the on-going traffic signal synchronization projects. Also, Public Works has undertaken many minor upgrades (intersection rewiring, cabinet and pole replacements, additional bicycle detection, left turn or pedestrian/bike phasing changes, painting, replacement of overhead signs and backplates) to improve both the reliability and appearance of the City's signal system. These minor upgrades are typically "one-off' projects at various locations throughout the City and can be accomplished quickly and cost effectively using this agreement. Staff forecasts the current year contract work performed by Siemens to go beyond current compensation limits. For this reason, staff recommends that the annual contract not -to -exceed amount be increased by an additional $160,000 per year, bringing the new total annual contract cap to $440,000, to accommodate the additional maintenance, minor projects and any extraordinary costs which might be incurred. Additionally, approval of Amendment No. 1 will change and transition the term of the agreement to align with the Fiscal Year and the City's budget process (July 1 to June 30) rather than the current calendar year. With the transition from calendar year to fiscal year renewal terms, the current year term will expire on December 31, 2014. The next term will be a short term period from January 1, 2015 to June 30, 2015 (and be funded at 1/2 the annual cap or $220,000). The remaining terms begin on July 1, 2015 and will follow the City's Fiscal Year. The final termination date of the Agreement will also be extended from December 31, 2017 to June 30, 2018. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). LIM ATTACHMENTS: Description Attachment A -Amendment No.1 with Siemens Industry. Inc. ATTACHMENT A AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVICES AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR MAINTENANCE AND REPAIR OF CITY TRAFFIC SIGNAL SYSTEM THIS AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 15th day of October, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SIEMENS INDUSTRY, INC., a Delaware corporation ("Contractor'), whose address is 1266 N. La Loma Circle, Anaheim, California 92806, and is made with reference to the following: RECITALS A. On November 27, 2012, City and Contractor entered into an annual Maintenance and Repair Services Agreement ("Agreement") to perform regularly scheduled maintenance and repair services for the City's traffic signals, traffic signal controllers, electrical or mechanical traffic control or traffic devices, traffic signal poles and all other hardware, closed circuit television cameras, flashing crosswalk, flashing beacon, battery backup systems, radar speed warning devices, as well as providing emergency response and extraordinary maintenance and repair of the City's traffic signal system ("Project"). B. The Original Term of the Agreement, as that term is defined in the Agreement, expired on December 31, 2013, and the City elected to grant the first renewal of the term and extend the Agreement from January 1, 2014 through December 31, 2014. C. The Agreement provides for up to four (4) renewal terms, which collectively provide for the extension of the Agreement term to December 31, 2017. D. City desires to enter into this Amendment No. 1 to change the renewal term from calendar year to fiscal year; extend the term of the Agreement to June 30, 2018; and, increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on January 1, 2013 ("Effective Date"), and shall terminate on December 31, 2013 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the City's option to automatically renew the Agreement for five (5) additional terms ("Renewal Term(s)"), unless terminated earlier as provided in the Agreement and as follows: E! TERM Original Term First Renewal Term Second Renewal Term Third Renewal Term Fourth Renewal Term Fifth Renewal Term Date January 1, 2013 — December 31, 2013 January 1, 2014 — December 31, 2014 January 1, 2015 — June 30, 2015 July 1, 2015 — June 30, 2016 July 1, 2016 — June 30, 2017 July 1, 2017- June 30, 2018 The term of this Agreement, including the Original Term and any Renewal Terms shall not extend beyond June 30, 2018 without a written amendment to this Agreement." 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis, in accordance with the provisions of this Section and the Schedule of Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's total compensation for Services performed in accordance with this Agreement shall be as follows: TERM COMPENSATION (Not -to -Exceed) Original Term $280,000 First Renewal Term $440,000 Second Renewal Term $220,000 Third Renewal Term $440,000 Fourth Renewal Term $440,000 Fifth Renewal Term $440,000 Siemens Industry, Inc. Page 2 EN No rate changes shall be made during the term of this Agreement, including the Original Term and any Renewal Terms, without the prior written approval of the City. The compensation amounts shall not be exceeded without prior written authorization from City." The total amended compensation reflects Contractor's additional compensation for Services to be performed in accordance with this Amendment No. 1, including all reimbursable items and subcontractor fees, as follows: (1) An amount not to exceed One Hundred Sixty Thousand Dollars and 00/100 ($160,000.00) for the twelve (12) month period between January 1, 2014 and December 31, 2014; (2) An amount not to exceed Two Hundred Twenty Thousand Dollars and 00/100 ($220,000.00, for the six (6) month period from January 1, 2015 through June 30, 2015; and (3) An amount not to exceed Four Hundred Forty Thousand Dollars and 00/100 ($440,000.00 for each twelve (12) month period from July 1 through June 30 from the Third Renewal Term commencing July 1, 2015. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Siemens Industry, Inc. Page 3 M. IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I(, I f I I S I By:, Aaron C. Harp U,pA 1011 -1 -IN City Attorney ATTEST: Date: M Leilani I. Brown City Clerk Siemens Industry, Inc. CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONTRACTOR: Siemens Industry, Inc., a Delaware corporation Date: Tara Inboriboon Commercial Area Manager Date: By: Steven Teal Operations Manager [END OF SIGNATURES] Page 4 EM CqL` p�oP December 11, 2013 Michael J. Hutchens Service Account Manager, Sr. SIEMENS Industry, Inc. RCMCS 1266 North La Loma Circle Anaheim, CA 92806 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAVID A. WEBB, DIRECTOR Subject: Renewal of Traffic Signal Maintenance and Repair Services Agreement (C-5279) Dear Mr. Hutchens, Siemens Industry, Inc. has successfully completed the Traffic Signal Maintenance and Repair Services Agreement for Calendar Year 2013 to the satisfaction of the City. The City has opted to grant the automatic renewal of the contract agreement for another year from January 1, 2014 through December 31, 2014. We look forward to working with you in 2014. Thank you, Antony �Brine�5- City Traffic Engineer Cc: City Clerk POST OFFICE Box 1768, NEWPORT BEACH, CA 92658-8915 P (949) 644-331 1 1 F (949) 644-3318 1 WWW.NEWPORTBEACHCA.GOV SIEMENS November 22, 2013 Mr. Antony Brine City Traffic Engineer Public Works Dept 100 Civic Center Dr. Newport Beach, CA 92660 Dear Mr. Brine: Please consider this letter as a formal request for contract extension for the Calendar year 2014. We look forward to serving the City of Newport Beach in the coming year. Please let me know if you need anything else. Thank you, Michael J. Hutchens Service Account Manager, Sr. SIEMENS Industry, Inc. RCMCS Tel: (714) 630-2100 Fax: (714) 630-2828 Mobile: (714)448-6943 m i chael.hutchens&siemens. coni (714)630-2100 • (714)630-2828 fax • 1266 NORTi-i LALOMA CiRci.r. • ANAFIF.w, CA 92806 BOSTON DALLAS Los ANGi?Ll s SACRAMENTO SAN Dir(!() SAN FRANCISCO MAINTENANCE AND REPAIR SERVICES AGREEMENT WITH SIEMENS INDUSTRY, INC., FOR FOR MAINTENANCE AND REPAIR OF CITY TRAFFIC SIGNAL SYSTEM t ' THIS MAINTENANCE AND REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this `1�day of November, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SIEMENS INDUSTRY, INC., a Delaware corporation ("Contractor"), whose principal t place of business is 1266 N. La Loma Circle, Anaheim, CA 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform regularly scheduled maintenance and repair services for the City's traffic signals, traffic signal controllers, electrical or mechanical traffic control or traffic devices, traffic signal poles and all other hardware, closed circuit television cameras, flashing crosswalk, flashing beacon, battery backup systems, radar speed warning devices, as well as providing emergency response and extraordinary maintenance and repair of the City's traffic signal system ("Project"). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: cul The term of this Agreement shall commence on January 1, 2013 ("Effective Date"), and shall terminate on December 31, 2013 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the city's option to automatically renew the Agreement for four (4) additional one (1) year terms ("Renewal Term") unless terminated earlier as set forth herein. In any event, the term of this Agreement, including the Original Term and any Renewal Terms shall not extend beyond December 31, 2017 without a written amendment to this Agreement. F11100• . ;. 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ("Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis, in accordance with the provisions of this Section and the Schedule of Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement, including the Original Term and any Renewal Terms, without the prior written approval of the City. Contractors total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) per twelve (12) month period from January 1 through December 31, commencing with the Effective Date, without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person SIEMENS INDUSTRY, INC., Page 2 and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Michael Hutchens to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants this it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Brad Sommers, Senior Civil Engineer, or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. SIEMENS INDUSTRY, INC., Page 3 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 7.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 7.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). SIEMENS INDUSTRY, INC., Page 4 8.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 8. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. SIEMENS INDUSTRY, INC., Page 5 Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. .• a 14.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 14.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 14.3 The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power, or SIEMENS INDUSTRY, INC., Page 6 twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. •k The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18. CONFIDENTIALITY All Documents, including drafts, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. SIEMENS INDUSTRY, INC., Page 7 20. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. City reserves the right to employ other Contractors in connection with the Project. 22. CONFLICTS OF INTEREST 22.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 22.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3326 Fax: 949-644-3318 23.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: SIEMENS INDUSTRY, INC., Page 8 Attn: Michael Hutchens SIEMENS INDUSTRY, INC., 1266 N. La Loma Circle Anaheim, CA 92806 Phone: 714-630-2100 Fax: 714-630-2828 r: • Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 25. TERMINATION 25.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than thirty (30) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased and Documents created in performance of this Agreement. 26. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of SIEMENS INDUSTRY, INC., Page 9 Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of State and Federal law including, but not limited to, applicable provisions of the Federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's fees, and other costs of defense by reason of actual or alleged violations of any applicable Federal, State and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 28.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. SIEMENS INDUSTRY, INC., Page 10 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 28.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.6 Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 28.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.8 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.10 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.11 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] SIEMENS INDUSTRY, INC., Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: in I <- Aaron'-& Harp City Attorney ATTEST: Date: �' Z al Leilani I. Brown City Clerk Amb 11-z� Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Al2-00741 CITY OF NEWPORT BEACH, a un California i ipal corporation Date: /; //v By: Nancy Garr Mayor CONTRACTOR: SIEMENS INDUSTRY, INC., a Delaware corporation Date: smussen i t�F�-S�t�tt o r� 'D 12 FCro (Z Date: By: . WA� Dirk GI er 'D t R>Ec�e OF [END OF SIGNATURES] Scope of Work Schedule of Rates Insurance Requirements Faithful Performance Bond Labor and Materials Bond SIEMENS INDUSTRY, INC., Page 12 SIEMENS INDUSTRY, INC., Page A-1 Siemens will provide a comprehensive routine scheduled maintenance, extraordinary, emergency repairs and technical support to the City's traffic signal systems, flashing beacons, lighted cross walk systems, and battery backup systems. Siemens's program is designed to eliminate or reduce Incidences of malfunctions, complaints, and extend the useful life of the City s traffic signal equipment. The program includes periodic inspection, testing, recordkeeping, cleaning, repair, and replacement of equipment. Michael Hutchens will be the Project Manager serving the City of Newport Beach. He will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment. We will furnish temporary replacement traffic signal controllers, preemption units, detector amplifiers, conflict monitors, video detection systems, uninterruptible power supplies, etc, as the need arises. Our crews will not change the traffic signal timing without direction from City staff. Siemens will perform the maintenance inspections desired by the City of Newport Beach. Items performed in the Monthly Maintenance checks will also be performed in the quarterly, semi-annual and annual checks. MONTHLY INSPECTIONS The monthly inspection of each signalized intersection will Include the following: 1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back- up cabinets, and interconnect cabinets, removing any foreign material including graffiti. Tighten all electrical connections and check all fiber optic and Ethernet connections. Inspect/protect all related facilities for/from ant, bug, or rodent infiltration, Rust and water damage shall be reported to the City in the monthly report. Inspect cabinet air filter and replace as necessary (the cabinet'filter will be replaced at least every six months). 2. Check timing of individual signal phases and integral timing circuits for the correct operations per the timing sheet. 3. Check timing of yellow (clearance) Intervals on ail phases by stopwatch per the timing sheet, 4. Check and set, if necessary, the controller's digital time clock to National Bureau of Standards time. 5. Check detector units and systems including but not limited to inductive loops, video cameras, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or report as necessary to restore intended operation. This includes the splicing (or re -splicing) of detector loop cables in the pull box and the replacement of pedestrian buttons as needed. 6. Visually inspect the signal malfunction monitoring unit or conflict monitor for correct operation and date and time. Proposal ro prmk7e Traffic sigmal,Atairrtemonce Siemens Induso:K Ina 7. Visually inspect relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed. . { & Walk all approaches of the Intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrians signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that Is burned out or has reached 80 percent depletion curve will be 1 replaced during the visit. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs including pedestrian push button plates shall be replaced. Cracked or damaged loop sealants shall be resealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. 1 9. Immediately correct all safety deficiencies fond during routine inspection and submit work authorizations request to the City to schedule non -emergency work. 10, Check all traffic signal controller communication equipment for proper operation, verify correct controller IP addresses and adjust or repair as needed. Replacement of Ethernet switches and VDSI. units will be coordinated with the City and subject to its approval. We will verify the grounds and connections of the copper twisted pairs at those locations using this communication system. We will test and make any repairs or adjustments and notify the City of any needed repairs to the fiber optic splices which shall be extra work. We will provide assistance to the City or other firms selected by the City to trouble -shoot fiber and Ethernet connections as requested. 11. The batteries in the Battery Backup Systems for the traffic signal shall be inspected for battery post corrosion, battery voltage, loose terminals, and tripped "tattle tails". 12. Inspect the operation of the flashing crosswalk at Coast Highway at Orchid Avenue and notify the City of Newport Beach if any repairs or replacement of lights including in -ground flashing pedestrian lights are needed. QUARTERLY INSPECTIONS The quarterly inspection (which includes the monthly inspection) shall include at a minimum: 1. Check Battery Back-up Systems (BBS) for proper operation and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. Determine if the system is providing a "charge" to the batteries. Perform any available "self tests" or run any available diagnostic programs that are part of the individual options available on a particular BBS. If a particular battery does not meet specifications, perform an individual load test on the suspect battery. The date of new battery installations shall be recorded in the Proposal to provide TrafJ}c Signal Ainnaenance Siemens ladustry, Inc. traffic signal cabinet and in the monthly status reports to track the frequency of the required maintenance. We will maintain a master spreadsheet showing the installation date of all BBS batteries by location, battery manufacturer, and the warranty expiration date. We will notify the City of non-operable or low -output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. We understand that if batteries are found to be "exploded" or cracked, we may be responsible for the cost of the replacement if it is determined that the batteries have not been properly inspected, maintained, or were damaged due to improper installation. 2. The cabinet door locks and pad locks shall be lubricated with graphite lubricant or equivalent, and maintained in working order. Any missing or damaged locks will be reported to the CITY in a timely manner. The six month inspection (in addition to monthly and quarterly) shall include at a minimum: 1. School Warning Flashing Beacons, Flashing Crosswalks and Electronic Radar Speed Feedback Signs: We will perform maintenance inspection or repair of school warning flashing beacons, flashing crosswalks, and electronic radar feedback signs as directed by the CITY. Maintenance Inspection will be based on the following: o Clean cabinet inside and outside and remove any foreign material, 4 Check power supply voltage, solar equipment, and replace any batteries as necessary. e Check settings for on/off timing, flashing rate, flashing duration, and time of day. ® Maintain all digital time clocks to National Bureau of standards time. + Observe each pole, head, traffic control sign, etc., and remove foreign material. ® Special attention shall be given to update Holiday, Daylight Savings Time, and shut -down periods. o Replace damaged or malfunctioning lamps, LED indications, in -road warning lights (IRWI.), detection bollards, and pressure pads meeting manufacturer's specifications with prior City approval. 2. Perform a night drive throughout the City of Newport Beach limits noting any malfunctioning equipment, Including, but not limited to, photocells, illuminated street name sign (ISNS) lamps, vehicle indications, pedestrian indications, and safety lighting. The list of malfunctioning equipment shall be submitted to the Traffic Engineer within ten (10) working days from the completion of the night drive. The list shall be approved by the City prior to repair/replacement of the equipment. A separate list of malfunctioning safety lights will also be tracked and submitted to the City. The night drive will be scheduled with the City of Newport Beach prior to commencement. Nopowftopro4de Twf oSignaldammmnce Siemens hulustry, Mc.. 3. CC'T'V Cameras: The CCTV camera housing and lens at 28 intersections will be cleaned per the manufacturer's specification. Future CCN camera installations will be accounted for as detailed in Section 1 (d) of the City's scope of work. 4. Air Fitters: We will replace the air filter elements, in all traffic signal and battery back-up cabinets so equipped, every six (6) months. All filter elements in all cabinets will initially be replaced within four (4) months after the beginning of this contract. 5. Traffic Signal Controller Software: We will verify and update records of current software or firmware for the Econolite ASC/3 controllers. This will also include spare controllers that the we maintain for emergency replacement of failed controllers, All updates of controllers shall be confirmed and coordinated with the City. ANNUAL PREVENTATIVE MAINTENANCE The annual preventative maintenance (in addition to monthly, quarterly and 6 -month inspection) Shall include at a minimum: 1. Battery Back -Up System: The traffic signal battery back-up system will be checked by electrical bypass for appropriate operation per the manufacturer's specifications. We will coordinate with the City of Newport Beach and schedule prior to commencement of work. 2. Conflict Monitor / Malfunction Management Unit (MMU): The conflict monitors will be tested once per calendar year using Atsi 2600 conflict monitor tester or equivalent. Malfunction Management Unit (MMU) shall be tested once per calendar year per the manufacture's specification. We will generate a report for each test conducted. A replacement conflict monitor or MMU, of like kind, will be furnished and installed Into the cabinet to monitor the intersection while the test is being conducted. All test results will be documented. Any conflict monitor or MMU that does not pass the test will be repaired or replaced and billed as extraordinary maintenance, 3. Video Detection Camera: The video detection camera lens at four (4) intersections will be cleaned per the manufacturer's specification. In addition, the camera's alignment will be checked and adjusted to obtain the proper sight level, 4. Emergency Vehicle Pre-emption (EVP): The optical detector lens will be cleaned per the manufacturer's specification at all signalized intersection throughout the CITY's limit, including signals operated and maintained by CAI.TRANS, 5. Painting: We will prepare and submit an annual work authorization request to the City listing cabinets (Le, controller, service), signal head, and framework equipment that need painting as identified during our monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for us to proceed on the painting will be Proposal to provide Trac signal Maintenance siemens Lrduse y, Ina subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed within twenty-four (24) hours of the observation or report and will be paid for under the terms of Extraordinary Maintenance. We will use the City's current paint standard color and apply coverage to provide uniform color on the equipment. EXTRAORDINARY MAINTENANCE In addition to the previously mentioned routine maintenance activities, Siemens will provide the City with extraordinary maintenance services on an as needed basis. Extraordinary maintenance may include • Repairing damage relating to signal knockdowns, vandalism or other accidents • Complete Intersection re -wire (scheduled and emergency) • Upgrading controller cabinets • Testing battery back-up systems and replacement if required • Replacing LED Modules and pedestrian indications • Painting cabinets or signal heads • Replacing lenses, detectors, video detection cameras, CCTV cameras • Installing interconnect • Responding to Underground Service Alert requests • Assisting in inspection of new installations Republic ITS will not perform any extraordinary maintenance without the approval of the Director of Public Works or his authorized representative. If Republic staff encounters a situation wherein extraordinary maintenance is needed, Siemens will supply the City with a description of the work required as well as a proposed cost estimate for approval. TRAFFIC SIGNAL COMPONENTS Siemens will repair, replace or otherwise render in good working condition defective parts of the traffic signal control equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City staff. Defective or malfunctioning controller cabinet equipment will be reported to the City for approval to make the necessary changes. Changes made will be recorded on the maintenance or repair log within the traffic signal controller cabinet. Items that are no longer covered under the manufacturer's warranty will be repaired or replaced with new parts. if a controller becomes obsolete or deteriorated to the point of being beyond repair, Republic ITS will report such conditions to the City and provide evidence that replacement is necessary. We will provide an estimate indicating the costs for replacement of the controller and submit this information to the City. Permanent replacement of the traffic signal controller will not be completed without approval of City staff. Proposal to provide Trafc Signal Xleintenance Siemens Industry. Inc. SCHEDULE Siemens' proposed time for routine maintenance will be based on the convenience of the City. The duration of standard maintenance will differ, depending on the repairs, if any, required during a given month. Emergency response will be available 24 hours a day, 7 days a week. A more detailed schedule can be provided after the award of contracts. SUB-CONSULTANTS/SUB-CONTRACTING Siemens utilizes all Traffic Signal Manufactures when required. in addition, Siemens uses its own forces for all work within this RFP and does not anticipate using any subcontractors. Propaszxt to prortde Prajhc57gnrrf,ifafnternwce Siemens Industry, Inc. EXHIBIT B SIEMENS INDUSTRY, INC., Page B-1 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS 1. Routine Maintenance (see See ion 11): tl. Each signalized intersection for monthly tasks Limm Sum b. Each signalized intersection for three month tasks $ Lump Sum C, Each signalized intersection for six month tasks $ Lump surn d. Each signalized intersection for twelve month tasks !)er "Ina L Each Battery Back-up System Test (per intersection) S Lump Sum ii. Each Conflict Monitor/MMU Test (per intersection) S e Lump Sum iii, Video Detection Camera Cleaning {per intersection} $ (110. Lump Sum iv. EVP Optical Detector Lens Cleaning (per intersection) $ t0f Lump Sum v. CCTV Camera Cleaning (per intersection) S :� Lump Sum a. Each flashing crosswalk for monthly tasks 7� S-vb Lump Sum 2. Extraordinary Maintenance (see Seetion, 111): a. Replacement of luminaire safety light lamp (per unit) $ Lump Sum b. Replacement of luminaire safety light ballast (per unit) $-8 V I Lump Slim c. Replacement of internally illuminated street name sign florescent lamps (per unit) S br 5,0 Lump Slim d. Replacement of internally illuminated street name sign florescent ballast (per unit) s vo Lump Sum e. Replacement of LED internally illuminated street name assembly (per unit) s Iamp sum f Replacement of internally illuminated. street name sign panel (per unit) Lump Stan 9. Replacement of vehicle indication 12" Green Ball/Arrow 12" Yellow Ball/Arrow 12" Red Ball/Arrow 8" Green Ball S S 2240* Per unit I Per Unit r !)er "Ina S Per Unit 0HUFffim CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS 8'* Yellow Ball 1 Per Unit 8" Red Ball e; 'S / , Per Unit Programmable Visibility Indication $ 95Kro Per Unit 3 -section 12" vehicle bead assembly with LED S 5_07'00 Per Unit 4 -section 12" vehicle head assembly with LED $ _Z!:EZ Per Unit 5 -section 12" vehicle bead assembly with I -ED $ ?" Per Unk Backplare for a 3 -section vehicle head $ _&?�6 Per Unit Backplate fora 5 -section vehicle head SC,6`6 Per Unit h. Replacement of standard Type "E" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion. (4 or Less) 419rPer Unit (more than 4) Per Unit i. Replacement of standard Type "E Modified" detector loops, including saw crit, lend -in cable splicing and epoxy emulsion. (4 or I,ess}bt Per Unit (more than 4) Per Unit j. Replace pull box with Christy Fiberlite (No. 3) S Per Unit (No. 5) Fler Unit (No. 6) S Per Unit k. Replacement of Walk/Don't Walk pedestrian signal to Type A LED module S 16c).4" Per Unit 1, Replacement of Walkman/fland pedestrian signal to Type A LED module $ 144 Per Unh in. Replacement of Count -down Walkman/fland pedestrian signal to Count -down LEI) module $ —Perunit III Replacement of Pedestrian and Bicycle push buttons with ADA approved buttons and signs $ Per Unit CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL TMAINTE NANCE ITEMS 0. Refinishing of pedestrian beads and signal heads, including frameworks per signalized intersection, excluding controller and electric service cabinets. Pedestrian Head Per Unit Signal Head $ TPer UnitO p. Refinishing of traffic signal controller cabinet or utility cabinet Signal Controller Cabinet $ 6Z)�o Per Unit Utility Cabinet $? Per Unit q. Material and Parts: Supplier's invoices amount pltts 15% markup. r. Response to USA Callout t Marking of Facilities $ Per Unit s, Labor: Regular Time Overtime Per Flour Per —Hour Registered Civil Engineer $ /Sv-, $ Engineering Technician $ TG $�� Traffic signal Maintenance Superintendent Transportation Systems Technician $—ra Transportation System Electrician $-27§:6-0 Traffic Signal Laborer Traffic Signal Painter $ $ Interconnect I Communications Specialist - Ethernet s- 16 4-6 $ Fiber Optic Specialist $� 10 EXHIBIT 13 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL, MAINTENANCE ITEM t. Equipment. }ate Per 1'•iour Pick-UpTruck r �' Service Truck $ 1" Service Boom Truck $-21= Water Truck $ ID. Concrete Saw and Truck $ Air Compressor with Tools $ Crane S rtiSxn'P84Y�Share�'=TRAFi'1CSi sai Maio�We AjOeCMWSc-Pe Of WOIr 201!,JI W10n: To, 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: SIEMENS INDUSTRY, INC., Page C-1 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractors compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, SIEMENS INDUSTRY, INC., Page C-2 limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. SIEMENS INDUSTRY, INC., Page C-3 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 82322403/9108948 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 595.00/$651.00 being at the rate of $ 4.25/$4.65 thousand of the annual Agreement price. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the terms and conditions of the Agreement. WHEREAS, the City of Newport Beach, State of California, has awarded to SIEMENS INDUSTRY, INC. hereinafter designated as the "Principal," a contract for the Maintenance and Repair Services for the City Traffic Signal System In the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and Federal Insurance Company & Fidelity and_Deposit: duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) lawful money of the United States of America, said sum being equal to 140% of the estimated amount of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and all exhibits attached thereto 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 its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the Same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and In addition to the face amount specified In this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Company of N, yland �i�nn�n�e mini KZ-rPV tnIC� EXHIBIT D Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of.the Project by the City. In the event that the Principal executed this bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of December 2012 Siemens Industry, Inc. Name of Contractor (Principal) Federal Insurance Company & Fidelity and Deposit Company of Maryland Name of Surety 15 Mountain View Road, Warren, NJ 07059 & 1400 American Lane, Schaumburg, IL 601% Address of Surety Telephone orized Signatur6/Title P� ILASnA tA�»•1 n11 o Q. D, orized AWSignature ,,Stacy Rivera, cEtorney-In-Fact Print It ame and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEATTACNED S{Fk/ft fV,q rVI N 1.qTRV I1,1[-. ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF IA� 11tQ ) COUNTY OF MnAv►h ) ON THE lI -%A DAY OF40_, BEFORE ME PERSONALLY CAME ^Da Lqa (ZaSM tiSse n TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT /HE RESIDES AT I 0QLt.rVN-v i (,A-- , C THAT (,S)HE IS THE Sete► i ofD 'i veCJ-0v- _ OF S1 m kS 11A tis 1 kTHE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUME ; AND THAT K)HE SIGNED HIS/>e NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. ARIANE HURolm*LEY Commission # 1998135 Notary Public Notary Public - California tMarin County M Comm. Expires Nov 12, 2016 ACKNOWLEDGEMENT OF SURETY STATE OF CONNECTICUT,) COUNTY OF HARTFORD,) ON THE 6th DAY OF December, 2012, BEFORE ME PERSONALLY CAME Stacy Rivera -TOME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT Hartford, CT THAT (S)HE IS THE ATTORNEY-IN-FACT OF Federal Insurance Company & Fidelity and Deposit Company of Maryland THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREFGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRFCTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER. My Carrnission Expires: July 31, 2015 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 82322403/9108948 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to SIEMENS INDUSTRY, INC, hereinafter designated as the "Principal," an Agreement for the Maintenance and Repair Services for the City Traffic Signal System, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which Is incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any Work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Federal Insurance Company & Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such Work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such Work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, In case 'suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3981 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as RIFRAFNR INDI IRTRY Ir\lr- n.._._ r A EXHIBIT E required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 6th day of December 2012, Siemens Industry, Inc. Name of Contractor (Principal) Federal Insurance Company & Fidelity and Deposit Company of Maryland Name of Surety 15 Mountain View Road, Warren, NJ 07059 & 1400 American Lane, Schaumburg, IL 601% Address of Surety 903-903-3493 & 973-394-5157 Telephone 1567110 fZ orized Stacy Rivera, Attorney-Irr-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED SlFMFNq INN ISTRY IN(- ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OFC, (.i L4 % 0t ) COUNTY OF MO -v -h ) ON THE Iii. DAY OFD'P-'-" 201y, BEFORE ME PERSONALLY CAME 'lea A9 IZAS1nw)'.kSS:ef TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT > HE RESIDES AT 1-1 Ao%Av-Vy-) 2 CP , THAT �)HE IS THE&0_ 't oar 7�;l ree OF GevvneQr, � LAaUS{vIz-, I i, C- THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMMT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. ARIANE HURLEY V ✓�Q Commission # 1998135 Notary Public - California Notary Public Var ^ County My r )r t ewes Nov 12, 2016 ACKNOWLEDGEMENT OF SURETY STATE OF CONNECTICUT,) COUNTY OF HARTFORD,) ON THE 6th DAY OF December, 2012, BEFORE ME PERSONALLY CAME Stacy Rivera TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT Hartford, CT THAT (S)HE IS THE ATTORNEY-IN-FACT OF Federal Insurance Companv & Fidelity and Deposit Company of Maryland THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREFGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER. My Conndssion Expires: July 31, 2015 Chubb OF Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road 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 Aiza Lopez, Jeannette Porrini and Stacy Rivera of Hartford, Connecticut ---------------------------------------------- each as their true and !awful 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 surely 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 COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 5th day of October, 2011. C Kenneth D, Wend Assistant Secretary B. Norms, Jr., Vice President STATE OF NEW JERSEY as. County of Somerset On this 5th day of October, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, 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 Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seats 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 he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr, and knows him to be Vice President of said Companies, and that the signature of David B. Noris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David S. Norris, Jr_, and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal OfEw,50 KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JFRSFI Nin. 2316685 Commission Eaplfee July 14, 2014 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalt of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other wriengs obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and codified by such facsimile signature and facsimile seal shall he valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, 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 cored, (i) 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 Puerto Rim and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ii) 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 6th 0(00 ZLL��C�04=1 9FW yp0.'t' card De-attber, 2012 Kenneth C. W ndO, 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: Surety a�chubb.com Form 15-10- 02256- U (Ed. 5- 03) CONSENT STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2011 (in thousands of dollars) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ................ $ 151,942 Outstanding Losses and Loss Expenses..... $ 12,300,432 United States Government, State and 3,212,072 Unearned Premiums ..................................... 3,395,082 Municipal Bonds ......................................... 10,312,572 Ceded Reinsurance Premiums Payable....... 320,332 Other Bonds .................................................. 4,146,378 Provision for Reinsurance ............................ 80,930 Stocks........................................................... 779,367 Other Liabilities............................................. 922,290 Other Invested Assets ..... ......... ___ --- ..... ...... . 1,924,895 TOTAL INVESTMENTS INVESTMENTS........_ ..................... 17,315,154 TOTAL LIABILITIES ... 17,019,066 Investments in Affiliates: Special Surptus Funds ................................. 222,832 Chubb Investment Holdings, Inc..... ...... .... 3,212,072 Capital Stock.. ................................ ......... ..... 20,980 Pacific Indemnity Company. ....................... 2,440,763 Paid -in Surplus.... ............. ........................... 3,106,808 Chubb Insurance Investment Holdings Ltd.... 1,237,556 Unassigned Funds ....................................... 10,356,926 Executive Risk Indemnity Inc ...................... 1,076,901 CC Canada Holdings Ltd ............................ 747,660 Great Northern Insurance Company.. ... ___ 436,665 SURPLUS TO POLICYHOLDERS .............. 13,707,546 Chubb Insurance Company of Australia Limited 404,315 Chubb European Investment Holdings SLP., 251,756 Vigilant insurance Company ....................... 233,604 Other Affiliates ............................................ 409,535 Premiums Receivable ................................... 1,470,010 Other Assets ................................................. 1,490,621 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ........................ $ 30,726,612 TOTAL ADMITTED ASSETS ....... ............... $ 30,726,612 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of $431,309,571 are deposited with government authorities as required by Jaw. State, County & City of New York, — ss: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyho)ders of said Federal Insurance Company on December 31, 2011 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, 2011. Subscribed and sworn to before me this March 31, 2201/2 v n 134` — DOROTHY M. BAKER Assistant Secretary Notary Public, State of New York Notary Public No. 31-4904994 Qualified in New York County Commission Expires Sept. 14, 2013 rDrm 15-10-0313A (Rev. 3/12) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA and Aiza LOPEZ, all of Hartford, Connecticut, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANYatits office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of May, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 8ffiAL ` `fit —`— to � .p �' q � • � 6 b� 19BU f�' �T�$ Assistant Secretary Vice President Eric D. Barnes Thomas O. McClellen J PIt? State of Maryland City of Baltimore On this 15th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLEN, Vice President, cord ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written POA -F 142-0587E Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 142-0587E EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 6th day of Decanber 20 12. ro. r dJj4N'4Wk �,Y'mn. ®ec®oy D p,�r x2i ' iC OSYOYTo !Pi 46t. t�.%�>a� d/A 4& Geoffrey Delisio, Vice President EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fac. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seats of the said Companies, this 6th day of December , 20 12. wo- o-tros. e`r� KIN, 6V 4,i�.x�.t'jts°Sr .w :,w•"a�' ung Geoffrey Delisio, Vice President FIDE' L rY ANIS DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2011 ASSETS Bonds............................................................................................................................................... $ 167,477,539 Stocks..................................................................................................................................... _........ 23,576,974 Cash and Short Tema Investments................................................................................................... 235,580 Reinsurance Recoverable................................................................................................................. 12,886,175 Other Accounts Receivable ................ ............ ....................... .................... ......... ........ ........ .............. 39,980,988 ToTALADmfTTEDAs&rTS......... ......... ...................... ............. ................................................... $ 244,157256 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses— ........... --.— .... -- ... .............. ..... --- ......... ..... -- ...... -- ...... $ 127,987 Ceded Reinsurance Premiums Payable............................................................................................ 48,215,682 Securities Lending Collateral Liability............................................................................................ 1,022,500 TOTALLIABiLiTiEs.................................................................................................................... $ 49,366,169 Capital Stack, Paid Up..............................................................................._....... $ 5,000,000 Surplus.. ... .......... .................... ..........................._................................................ 189,791,087 Surplus as regards Policyholders ............. ........ ............... ........................ ...................... .............. ...... 194,791,087 TOTAL........................................................ ........... .......--.................. .................. ........... ,...... .. $ 244,157,256 Securities carried at $59,049,993 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2011 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $253,778,028 and surplus as regards policyholders $204,411,859. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY of MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2011. State of Illinois City of Schaumburg SS: Subscribed and sworn to, before me, a Notary Public of the State of Illinois, in the CSty of Schaumburg, this 15th day of March, 2012. 1 OFFICIAL SEAL NotaryPubfla DARRYL JOINER L.Noury Public - State of Illinois My Commission Expires May 3, 2014 / I ® 4`co�zia CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDENYYY1) 09/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCERNTACT MARSH USA, INC. 445 SOUTH STREET NAME: NC NE EXt : AIC Net: E-MAIL ADDRESS: MORRISTOWN, NJ 07960-6454 INSURERS AFFORDING COVERAGE NAICa EACH OCCURRENCE $ 1,000,000 INSURER A:HDI-GerNng America lnsuralre Company 41343 100129-REPUB-12113 RE31M SACHS 1185 N0090 INSURED SIEMENS INDUSTRY, INC. SIEMENS INTELLIGENT INSURER B: Liberty Mutual Fire 105 Cc 23035 INSURER C LM Insurance Corporation 33600 INSURER D AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED SCHEDULED AUTOS NON-0WNEDPROPERTY X NX HIRED AUTOSAUTOS TRANSPORTATION SERVICES 1000 DEERFIELD PARKWAY AS2631004334212 BUFFALO GROVE, IL 60089-4513 INSURER E COMBINED SINGLE UNIT 2,000,000 Ea accident INSURER F BODILY INJURY (Per accident) $ NIA DAMAGE $ N/A Per acddent COVERAGES CERTIFICATE NUMBER: NYC45951652-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. H R TYPE OF INSURANCE A SUB POLICYNUMBER POLICY EFF MM/DD/YYY`( POLICY EXP MMIDDMIYV LIMITS A GENERAL LIABILITY X COMMERCWL GENERPL LIABIL(iY GLAIMS-MADEEflOCCUR GLD1110104 10/01/2012 10101/2013 EACH OCCURRENCE $ 1,000,000 PREMISES Ea oawrence $ 1,000,000 MED EXP (Any one Person) $ 100,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 7,500,000 GERL AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC JECI PRODUCTS-COMP/OP AGG 8 INCL, $ B AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED SCHEDULED AUTOS NON-0WNEDPROPERTY X NX HIRED AUTOSAUTOS AS2631004334212 10101/2012 10/01/2013 COMBINED SINGLE UNIT 2,000,000 Ea accident _ BODILY INJURY (Par person) $ N/A BODILY INJURY (Per accident) $ NIA DAMAGE $ N/A Per acddent III UMBRELLA LIABOCCUR EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED 1 RETENTION$ $ O C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE Y(N OFFICERNEMDEft EXCLUDED4 ® (Mandarory In NM) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WA563DO04334012(AOS) WC5631004334022 OR, WI ( ) 10101/2012 1010112012 0/01/2013 10/0112013 wOs7ATORY iu- oTH, TS FIR 2,000,000 EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ 2,000,000 E.L. DISEASE -POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Aftach ACORD 101, Additional Remarks Schedule, if more space is required) RE: MAINTENANCE AND REPAIR OF CITY TRAFFIC SIG NAILS SEE ATTACHED CITY OF NEWPORT BEACH ATTN: PUBLIC WORKS 3300 NEWPORT BLVD., PO BOX 1768 NEWPORT BEACH, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee—1Nltxv�a�ak�^ ©1 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 100129 LOC #: Morristown Ac ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. SIEMENS INTELLIGENT TRANSPORTATION SERVICES POLICY NUMBER 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance RE: MAINTENANCE AND REPAIR OF CITY TRAFFIC SIGNALS CITY OF NEWPORT BEACH IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL. $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. ACORD 101 © 2008 ACORD CORPORATION. All The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With, respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or, organizallon(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s); or SEE ATTACHED SCHEDULE Organization(s): ANY. PERSON OR.ORGANIZA-nON REQUIRED BY WRITTEN CONTAACi' Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form. Policy No:. AS2-631 004334-212 Issued. By: Libuty M teal Fue Insurance Company Effective Date: 10/01/201,2 Expiration Date: 10/01/2013 Sales Office: NEW YORK, NY 0202 Endt Serial No: TBD CA 20 48 02 99 Copyright, Insurance Services Office; Inc , 1998 Page 1 of 1 POLICY NUMBER: GLD11101-04 COMMERCIAL GENERAL LIABILITY CG2010 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization': ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT it is agreed that this,insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work per- formed by or behalf of the Named Insured. (if no entry appears above, information requited to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but onlywith respect to liability arising out of "your work` for that insured by or for you,. CG, 201011 85 Copyright,; insurance Services Office, Inc., 1984 Page i of 1 ❑ POLICY NUMBER: AS2-631-004334-212 COMMERCIAL AUTO CA 04 Ott 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Farm apply unless modi tied by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the 'accident" or the "loss' under a contract with that person or organization. CA 04 44 0310 0 insurance Services Office, Inc., 2009 Page 1 of 1 • • e - • -• a tc•- We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule_ (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION REOUIREO BY WRITTEN CONTRACT Issued by: LM Insurance. Corporation For attachment Is Policy No wA5�63D-004334.012 Et1eg11ve Date 10/01/2012 Premium Issued lo: SIEMENS CORPORATION WC 00 03 13 m<1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 POLICYNUMBER; GLD11101-04 COMMERCIAL GENERAL LIABILITY CG 24'04 05 09 This endorsement modifies insurance provided under the toll [owing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION TO THE EXTENTREQUIRED BY WRITTEN CONTRACT The following is added to Paragraph 8. Transter Of Rights Ot Recovery Against Others To Us of Section IV - Conditions_ We waive any right of recovery we may have against the person or organization shown in'the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ®Insurance Services Office, Inc., 2008 Pagel of 1 11 CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 12/21/12 Dept./Contact Received From: Tania Date Completed: 12/26/12 Sent to: Tania By: Renee Company/Person required to have certificate: Siemens Industry, Inc. Type of contract: All Other L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: HDI -Gerling America Insurance Company B. AM BEST RATING (A-: VPI or greater): A; XV AM BEST RATING (A-: VII or greater) C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 / $7,500,000 E, ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND N N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes N No H. Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1, PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/2012 to 10/1/2013 A INSURANCE COMPANY: Liberty Mutual Fire Insurance Company B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/2012 to 10/1/2013 A. INSURANCE COMPANY: LM Insurance Corporation B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $2,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/26/12 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No - ►1 RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. CERTIFICATION OF SIGNATURE AUTHORIZATION SIEMENS INDUSTRY, INC. I, Daniel W, Hlslip, the undersigned Secretary, do hereby certify that: DARYL D. DULANEY HELMUTH LUDWIG DANIEL W. HISLIP President &,CEO Executive Vice President Executive Vice President, Chief Financial Officer and Treasurer Vice President, General Counsel & Secretary of SIEMENS INDUSTRY, INC. (tile "Coiperatlon"), a corporation duly organized and existing under the State of Delaware, are duly authorized to execute any and all Agreements without limitation regarding the amount, subject to the requirement of dual signature authorization. I further certify that the above named Officers are authorized to execute on beha;f of the Corporation, without regard to amount, bids, proposals, requests for proposals or quotations, bid bonds, payment bonds; performance bonds, maintenance bonds, change orders, Technical Support Program Agreements, and work orders and their signatures on these documents are binding on the Corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Corporation, an this I st day of October 2011: ACKNOWLEDGEMENT OF APPOINTED SIGNATURE AUTHORITY FROM PRESIDENT AND CHIEF EXECUTIVE OFFICER DARYL DULANEY AND CHIEF FINANCIAL OFFICER AXEL MEIER OF THE INFRASTRUCTURE & CITIES SECTOR OF SIEMENS INDUSTRY, INC. A. We, the undersigned, Daryl Dulaney, President and Chief Executive Officer and, Axel Meier; Chief Financial Officer of the Infrastructure & Cities Sector of Siemens Industry, Inc. (the "Corporation") a corporation duly organized and existing antler the laws of the State of Delaware, by virtue of the authority vested by the Board of Directors of Siemens Industry, Inc. and in accordance with the By - Laws of the, Corporation and the laws of said State, do hereby acknowledge triat the following individuals (1) have been appointed to their respective offices as set out herein below in accordance with the By -Laws of the Corporation; and (2) are hereby authorized to sign or countersign and otherwise execute in the carne, or on behalf of their respective Divisions or Business Units of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits, or ancillary documents in connection therewith; any licensing qualification or registration filings, returns, certifications or questionnaires; any contracts, leases, agreements, guarantees and any certificates, affidavits, or ancillary documents in connection therewith, up to and including a transactional limit of $70,000,000.00; and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction. Authorized Signatories I Business Operations FinanceiCentral Support Function (Name/Office) (Name/Office) Matthias Rebelhus Mark Evans President, Building Technologies Division Vice President, Finance and Business Administration, Building Technologies Division Kevin Yates _. Anton Duvall President, Cow and Medium Voltage Division Vice President, Finance and Business Administration, Low and Medium Voltage Division Terry Heath Martin Schultz President Mobility and Logistics Division j Vice President, Finance and Business Administration, Mobility and Logistics Division Thierry Godart Martin Schultz President, Smart Grid Division Vice President, Finance and Business Administration, Smart Grid Division Michael Cahill Christopher Ha]leus President, Rail Systems Division I Vice President, Finance and Business Administration, Rail Systems Division Tom Kopanski Steve Monetta Sr. Vice President, Industry Saes Vice President, Finance and Business Administraifon, Industry Sales x Stuebler Match Flanagan Vice President, Strategy, vice President, Corporate CantroAar B. We further acknowledge that each of the signatures of the persons referred to in paragraph A is binding upon the Corporation. C. We further acknowledge that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and Finance/Central Support Function, whom shall have the requisite signature authority to be legally binding upon the Corporation. 1 of 2 D. We further acknowledge 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, E. We further acknowledge that the Secretary or an Assistant Secretary of the Corporation Is authorized to issue certificationsattesting 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 affixed the corporate seal of the said Corporation, on this I" day of June, 2012, --Aryl Aulaney President & CE Siemens Indus , c: Axel Malar Executive VP, CPO Siemens Industry, Inc. 2 oft DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT TERRY HEATH AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MARTIN SCHULTZ SIEMENS INDUSTRY, INC. — MOBILITY AND LOGISTICS DIVISION A. We, the undersigned, Terry Heath, President and Martin Schultz, Vice President, Finance and Business Administration of the Mobility and Logistics 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 in us 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 for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $2 million. AUTHORIZED SIGNATORIES Business Operations NamelPosition Finance/Central Support Function Name/Position Dana Rasmussen Service Segment Head Dirk Glaser FBA Chris Reyes Area Manager Neway Redia Service Segment FBA Jil Petrie Operations manager B. We further acknowledge 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 $500,000. 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 NametPosition Finance/Central Support Function_ Name/Position Andrew Poster Area Manager Jeffrey Engel FBA Chris Reyes Area Manager Tara Inbonboon FBA Jil Petrie Operations manager Tun Carter Operations manager Andrew Rist Operations manager Christopher Romeo Operations manager Steven Teal Operations manager C. We further acknowledge that each of the signatures of the persons referred to in paragraphs A and B are binding upon the Corporation_ D. We further acknowledge 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. E. We further acknowledge 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. F. We further acknowledge 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 affixed the corporate seal of the said Corporation, as of the 1st day of October, 2012. Terry Heath President Siemens Industry, Inc. Mobility and Logistics Division �" v Marti c ultz Vice President, Finance and Business Administration Siemens Industry, Inc. Mobility and Logistics Division l ® A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YYYY) 09/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement(s). PRODUCER MARSH USA, INC. 445 SOUTH STREET CONTACT NAME` IA1Q. 119. PRONE _ FAx AIC No E-MAIL ADDRESS: MORRISTOWN, NJ 079606454 INSURERS AFFORDING COVERAGE NAIC N 10101/2013 100129-REPUB-12/13 RE31M SACHS 1185 NOC90 INSURER A; HDI -Gerling Amelia Insurance Company 41343 INSURED SIEMENS INDUSTRY, INC. SIEMENS INTELLIGENT INSURER B: Liberty Mutual Fire Ins CA 23035 INSURER C: LM Insurance Corporation 33600 INSURER D: TRANSPORTATION SERVICES 1000 DEERFIELD PARKWAY PRODUCTS -COMP/OP AGG $ INCL. BUFFALO GROVE, IL 600894513 INSURER E: INSURER F : nnVFRArFC CERTIFICATE NUMBER: NYG005951652-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE PDDmn POLICY NUMBER MM �Dv1YYYY. EFF MMNBMME'XYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx OCCUR GLD1110104 10101012 10101/2013 EACH OCCURRENCE $ 1'000'000 A NT 1,000,000 PREMI. E. Ea occurrence $ MED EXP (Any one person) $ 100,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 7,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC X POLICY R PRODUCTS -COMP/OP AGG $ INCL. $ B AUTOMOBILE LIABILITY X ANY AUTO X ALL AUTOS OWNED SCHEDULED AUTOS NOWOWNED X HIRED AUTOS X AUTOS AS2631OW34212 10/01/2012 10/01/2013 CO BINEDSINGLE UMIT 2,000,000 Ea accitlert BODILY INJURY (Per person) S N/A BODILY INJURY (Per accident) $ N/A PROPERTY DAMAGE $ NIA Per accident $ UMBRELLA LIAR EXCESS LIAO OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEO I I RETENTION$. $ C C WORKERS COMPENSATION ANY EMPLOYERS ANY ARTN TY CUTIVE OFFICER/MEMBEER EXCLUDED a (Mandatory in NH) Hyes, deacnbe under DESCR IPTION OF OPERATIONS bekvx NIA WA563DO04334012(ADS) WC5631004334022 (OR, WI) 10101r2012 1010112012 10/0112013 10/01/2013 X I ORYISTATULIM- I OTH- Ea - 21000,000 E.L. EACH ACCIDENT. $ . E.L. DISEASE - EA EMPLOYEE $ 2'000'000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H mora apace is regoired) RE: MAINTENANCE AND REPAIR OF CITY TRAFFIC SIG NALS SEEATTACHED CITY OF NEWPORT BEACH ATTN: PUBLIC WORKS 3300 NEWPORT BLVD„ PO BOX 1768 NEWPORT BEACH, CA 92658 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee The ACORD name and logo are registered marks of ACORD reserved. AGENCY CUSTOMER ID: 100129 _ LOC u: Morristown A 0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. SIEMENS INTELLIGENT TRANSPORTATION SERVICES POLICY NUMBER 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25. _. _. FORM TITLE: Certificate of Liability Insurance RE: MAINTENANCE AND REPAIR OF CITY TRAFFIC SIGNALS CITY OF NEWPORT BEACH IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL. $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY, IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. 54147 7;ZU:73i1FO 111".T.T:-I The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or, organizations) who are "insureds" under the Who Is An Insured Provision of the Coverage form. This endorsement does not after coverage provided in the Coverage Form. SCHEDULE Name of Person(s) ; or SEE ATTACHED SCHEDULE' Organization(s): ANY PERSON OR,ORGANITATION REQUIRED BY WRITTEN CONTRACT Each person or organization shown in the Schedule is, an "insured" for Liability Coverage, but only to the -extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Policy No: AS2-031-004334-242 Issued By: Liberty Mutual F'ue Iasum= Company Effective Date: 10/01/2012 Expiration Date: 10(01/2013 Sales Office: NEW YORK, NY 0202 Endt Serial No: TBD CA20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of I POLICY NUMBER: GLD11101-04 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i 'i •, igin fi' � •' •' is This endorsement malities insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or'Organization: ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT It is agreed that this insurance maintainedpursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work per- formed by or behalf of the Named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work` for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office„ Inc., 1984 Page 1 of 1 0 POLICY NUMBER' AS2-631-004334-212 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following" BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGEFORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGEFORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): this The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss' under a contract with that person or organization. CA 04 44 0310 0 Insurance Services Office, Inc., 2009 Page 1 of 1 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not. enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under awntten contract1hat requires you to obtain this agreement from us.) This agreement shall not operate directly orindirectlyfo benefit anyone not named in the Schedule'. Schedule ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT Issued by: LM Insurances. corporation For att2chmartl to Policy. No WA5.63D-004334A012 Effective Data ;10/0112012 Premium Issued to: SIEMENS CORPORATION WC 00 03 13 01983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 411/1984 POLICYNUNIBER: GLD11101-04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY` COVERAGE PART SCHEDULE ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV = Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injuryof damage arising out of your ongoing operations of ..your work` done under a contract with that person or organization and included in the "products - completed operations: hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page I of 1 11 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 82322403/9108948 FAiTHFUL PERFORMANCE BOND The premium charges on this Bond is $ 595.00/$651.00 , being at the rate of $ 4.25/$4.65 thousand of the annual Agreement price. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the terms and conditions of the Agreement. WHEREAS, the City of Newport Beach, State of California, has awarded to SIEMENS INDUSTRY, INC. hereinafter designated as the "Principal," a contract for the Maintenance and Repair Services for the City Traffic Signal System In the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and Federal insurance Company & Fidelity aad Ilepasit, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty Thousand Dollars and 001900 ($280,000.00) lawful money of the United States of America, said sum being equal to 940% of the estimated amount of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and all exhibits attached thereto 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 its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Company of Mk ryland ci�nn�n�� tn�r�i is rev ini� p,� n.A EXHIBIT D Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of December 2012 Siemens Industry, Inc. Name of Contractor (Principal) Federal Insurance Company & Fidelity and Deposit Company of Maryland Name of Surety 15 Mountain View Road, Warren, NJ 07059 & 1400 American Lane, Schaumburg, IL 601% Address of Surety Telephone orized Sig ture/Titie Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEATTACNED SIF1L1TPfEf1!! Wrll I.qTRY INr. ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OFt_0J\j r\00. ,) COUNTY OF NQLv't— ,) ��,,,, u w� ON THE ��, DAY OF 20_) 2-- , BEFORE ME PERSONALLY CAME TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT -7'00 u vP GA , THAT (S)HE IS THE �C'Lntor ���cPC�� OF :- k �� � S 11,%C—THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUME ; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. IM-memI NEt ""I );C!, t 1998135 Notary Public Nd" Public • CWenws m win County M Comm. ini NoY 1 ACKNOWLEDGEMENT OF SURETY STATE OF CONNECTICUT,) COUNTY OF HARTFORD,) ON THE 6th DAY OF December, 2012, BEFORE ME PERSONALLY CAME Stacy Rivera TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT Hartford, CT THAT (S)HE IS THE ATTORNEY-IN-FACT OF Federal Insurance Company & Fidelity and Deposit Company of Maryland THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREFGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER. ary Public Julie Perry My Cam -ds ion Expires: July 31, 2015 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 82322403/9108948 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to SIEMENS INDUSTRY, INC. hereinafter designated as the "Principal," an Agreement for the Maintenance and Repair Services for the City Traffic Signal System, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which Is incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any Work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Federal Insurance Ccapany & Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other Work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such Work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such Work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified In this Bond, and also, In case 'suit Is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as RIPRAFNq rr\int IRTPY iNU- n--- r- A EXHIBIT E required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 6th day of December , 2012, Siemens Industry, Inc. Name of Contractor (Principal) Federal Insurance Company & Fidelity and Deposit Company of Maryland Name of Surety 15 Mountain View Road, Warren, NJ 07059 & 1400 American Lane, Schaumburg, IL 601% Address of Surety 908-903-3493 & 973-394-5157 Telephone Signat rel7itle ��! SAN t v iC.. 'D� 2EG-rp2 Auth Stacy Rivera, Attorney-lrr-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED SIFMI=NS INN 1STRY INC' ID- c ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF W Inta ) COUNTY OF M aLtAn J ON THE DAY OF7D�0_1_1--, BEFORE ME PERSONALLY CAME 7 � 0. ass SACS -g n TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT '1 j6 u_"br) CA -,THAT (S)HE IS THE v►'k (2Y' CETT OF 1"dASN IAC-. THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/IWR NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. ARIANE MURLEY Cogwol w f 1906135 Notary Public ~i Notify I�ubk - CNUofnii •t .. Muhl COW" Comte. E12 2016 -1 wro ACKNOWLEDGEMENT OF SURETY STATE OF CONNECTICUT,) COUNTY OF HARTFORD,) ON THE 6th DAY OF December, 2012, BEFORE ME PERSONALLY CAME Stacy Rivera TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT Hartford, CT THAT (S)HE IS THE ATTORNEY-IN-FACT OF Federal Insurance Company & Fidelity and Deposit Company of Maryland THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREFGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER. A My Corunission Expires: July 31, 2015 Chubb OF Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 35 Mountain View Road 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 Aiza Lopez, Jeannette Porrini and Stacy Rivera of Hartford, Connecticut --------------------------------------------- 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 surely 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 COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this Sth day of October, 2011 Kenneth C. Wendel, Assistant Secretary �Aev( B. Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this Sth day of October, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, tome 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 Kenneth C. Wendel, being by me duly sworn, did depose and say that he 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 he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David e. 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. Listener Seal PUBIt� �'F1Y tERs�/ KATHERINE J.ADELAAR NOTARY PUBUC OF NEW IMF) Ne.2316685 Commission EwOrnJuly 15, 2014 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached" 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that O the foregoing extract of the By- Laws of the Companies is true and correct, (it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the Distnut of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ii) 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 6th (0(00 'r��CYTp��p�F dayof Deceffi r, 2012 �KbmffiC. W ndel, 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 surety� Form 45-10- 022513- U (Ed. 5- 03) CONSENT STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2011 (in thousands of dollars) TOTAL INVESTMENTS ............................... 17,315,154 investments in Affiliates: 222,832 LIABILITIES 3,212,072 Pacific Indemnity Company ........................ 2,440,763 AND 1,237,556 ASSETS 1,076,901 SURPLUS TO POLICYHOLDERS 747,660 Cash and Short Term Investments ................ $ 151,942 Outstanding Losses and Loss Expenses..... $ 12,300,432 United States Government, State and 251,756 Unearned Premiums ...... ..... ._.................._... 3,395,082 Municipal Bonds ......................................... 10,312,572 Ceded Reinsurance Premiums Payable....... 320,332 Other Bonds .................................................. 4,146,378 Provision for Reinsurance ............................ 80,930 Stocks._... ... .............. ..........._....................... 779,367 Other Liabilities ... .............................. ............ 922,290 Other Invested Assets ................................... 1,924,895 TOTAL INVESTMENTS ............................... 17,315,154 investments in Affiliates: 222,832 Chubb Investment Holdings, Inc ................ 3,212,072 Pacific Indemnity Company ........................ 2,440,763 Chubb Insurance Investment Holdings Ltd.... 1,237,556 Executive Risk Indemnity Inc ...................... 1,076,901 CC Canada Holdings Ltd ............................ 747,660 Great Northern Insurance Company .......... 436,665 Chubb Insurance Company of Australia Limited 404,315 Chubb European Investment Holdings SLP.. 251,756 Vigilant Insurance Company ....................... 233,604 Other Affiliates... ............... ................... 409,535 Premiums Receivable ................................... 1,470,010 Other Assets ................................................. 1,490,621 TOTAL ADMITTED ASSETS ...............___. $ 30,726,612 TOTAL LIABILITIES... 17,019,066 Special Surplus Funds ................................. 222,832 Capital Stock ................................................ 20,980 Paid -In Surplus ............................................. 3,106,808 Unassigned Funds ....................................... 10,356,926 SURPLUS TO POLICYHOLDERS .............. 13,707,546 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............................. $ 30,726,612 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of $431,309,571 are deposited with government authorities as required by law. State, County & City of New York, — ss: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duty sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2011 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, 2011. Subscribed and sworn to before me this March31, 2012 4o� ,�Q,ti DOROTHY M. BAKER Assistant Secretary [�e Notary Public, State of New York Notary Public No. 31-4904994 Qualified in New York County Commission Expires Sept. 14, 2013 Form 15 -to -0.313A (Rev. 3/121 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA and Aiza LOPEZ, all of Hartford, Connecticut, EACH its true and lawful agent and Attomey-in-Fact; to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in then own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of May, A.D. 2012. ATTEST: M ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND KS U(Swzl a'..m 'a b? • tom• .%abt- Assistant Secretary Vice President Eric D. Barnes "Thomas O. McClellan State of Maryland City of Baltimore On this 15th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally ]mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,riUtlntq, !✓ �0'fts'... ✓.l4 '�'�� H 11111\ �0``v Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 142-0587E FIDELITY AND DEPOSIT COMPANY OF MARYLANI) 600 Red Brook BIvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2011 ASSETS Bonds............................................................................................................................................... $ 167,477,539 Stocks.. ..... ........................._................................_........................................................................... 23,576,974 Cash and Short Term Investments...................................................................._............._..........._. 235,580 Reinsurance Recoverable .................................................. ....... .......... ....... ....................... ................ 12,886,175 Other Accounts Receivable.............................................................................................................. 39,980,988 TOTALADMrrTfLOAssETS............................................................................_..........................$ 244,157,256 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ....... .............. ........ ........ .................... ........ ................... ........... ....... $ 127,987 Ceded Reinsurance Premiums Payable ............................. ................... ...................... ............. ........ 48,215,682 Securities Lending Collateral Liability.................._........................................................................ !,022,500 TOTALLIABILITIES.................................................................................................................... $ 49,366,169 Capital Stock, Paid Up ........................ ............... .......... ................. ............... .... ,. $ 5,000,000 Surplus.... ................ .......... ......................... .................................... ......... ............ 189,791,087 Surplus as regards Policyholders.. ....... ........ ..... ............................. ...... 194,791,087 TOTAL. ....... ....................... ................ .................. ......... ............................................_............... $ 244,157,256 Securities carded at $59,049,993 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2011 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $253,778,028 and surplus as regards policyholders $204,411,859. I, DENNIS F, KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2011. State of Illinois City of Schaumburg SS: Subscribed and swornto, before me, a Notary Public of the State of Illinois, in th{(e1� City of Schaumburg, this 15th day of March, 2012. OFFICIAL SEAL CJ f Matary Public OARRYL JOINER E ry Public • Stale at Illinois mission Expires May 3, 2014 p�1 • . f�EEEEN�IMA No Agenda Item No, 12 November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Bryan Loo, Junior Civil Engineer APPROVE®:U G � TITLE: Traffic Signal Maintenance — Approval of Maintenance Agreement with Siemens industry, Inc. In an on-going effort to maintain the City's traffic signal equipment, staff requests City Council approval of a Professional Services Agreement with Siemens Industry, Inc. for routine signal maintenance, repair services and emergency response for the City's 120 traffic signals, flashing crosswalk, and six flashing beacons. 1. Approve a Professional Services Agreement with Siemens Industry, Inc., of Anaheim, for annual maintenance of the City's traffic signal equipment for a not - to -exceed price of $280,000 per year. The initial term of the Agreement shall be for a period of one year with the option to extend the agreement for an additional four years. 2. Authorize the Public Works Director to extend the maintenance agreement annually up to a total of five -years upon successful completion of an annual review. 3. Authorize the Mayor and City Clerk to execute the Agreement. There are sufficient funds available in the Public Works Traffic Signal Operation and Maintenance account (5200-8030) for this maintenance agreement for the current fiscal year. 7 or 57 Traffic Signal Maintenance — Approval of Professional Services Agreement with Siemens November 27, 2012 Page 2 Funds will be appropriated annually for traffic signal maintenance through the budget process during the term of the contract. Historically, the annual traffic signal maintenance costs vary from year to year. The annual budget for routine maintenance tasks can be fixed as it represents specified costs per intersection. Extraordinary maintenance costs depend on unforeseen outages and repairs and traffic collision damage. Therefore, these costs can only be estimated based on previous year's expenses. Review of historical data and estimates of future work necessary to maintain the system show the current annual, not -to -exceed amount of $280,000 is appropriate for this agreement. DISCUSSION: In 2007, the City entered into a Professional Service Agreement with Republic ITS, for traffic signal maintenance, repair services and emergency traffic signal response for the City's 120 traffic signals, flashing crosswalk, and six flashing beacons. The current Republic ITS agreement term expires January 1, 2013. Maintenance and operation of the City's traffic signal system is managed by Public Works Staff through a contract maintenance company that specializes in traffic signals operation and repair. Keeping the City's traffic signal system operational includes routine maintenance, traffic signal equipment repair and replacement, and emergency response for traffic signal outages and damage from traffic collisions. These services are separated as Routine Maintenance and Extraordinary Maintenance. Routine Maintenance includes cleaning equipment, visually inspecting and checking the operation of all equipment, checking programmed signal timing, and testing equipment. Extraordinary Maintenance includes repair or replacement of damaged, failed, or deteriorated equipment, repair of equipment damaged by vehicle accidents or vandalism, and refinishing or repainting of poles or cabinets. Public Works staff recently prepared and sent out a Request for Proposal to solicit proposals from traffic signal maintenance companies. Three firms submitted proposals and were reviewed by a panel of four Public Works employees to evaluate each firm's qualifications, past experience on similar contracts, and ability to uphold the terms of the scope of services. Siemens Industry, Inc. (formerly Republic ITS) was selected, noting the company has maintained the City's traffic signal system competently and professionally through the term of the expiring contract. Additionally, it proposed the lowest cost for routine maintenance and has extensive knowledge of the City's traffic signal system and is familiar with City Staff and policies. Traffic Signal Maintenance —Approval of Professional Services Agreement with Siemens November 27, 2012 Page 3 To ensure the agreement's obligations will be met, the City and the Contractor will meet annually to review the contractor's performance. For this reason, the contract is renewable annually for a term of up to five years. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA') pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Public Works Director/City Engineer Attachments: A. RFP -Scope of Services B. Professional Services Agreement 3 Attachment A EXI3IBIT A CITY OF NEWPORT BEACH TRAFFIC SIGNAL MAINTENANCE SCOPE OF WORK THIS SCOPE defines the terms of a one (I) to five (5) year contract for maintenance of traffic signals, electrical or mechanical traffic control or traffic devices, as defined herein, in the City of Newport Beach, herein after referred to as "CITY." On an animal basis, both parties will 'review the language of this scope of work. Any changes to this Scope and the accompanying contract shall be approved by the CITY and the Traffic Signal Company, herein referred to as "COMPANY," The date of annual review will be one year from the execution date of the contract. A decision on the contract renewal will be made at that time. Services provided shalt be as follows: SECTION I: GENERAL A. �[YlsLYIFCATIONS The COMPANY shall have available and readily accessible all required tools, equipment apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain the traffic signal facilities in a good and professional workmanlike mariner. All signal work shall be performed in accordance with the current Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation, "Greenbook" Standard Specifications for Public Works Construction, InternatiionaI Signal Municipal Association (IMSA), and the current City of Newport Beach Standard Plans. The COMPANY shall provide at least one full-time Transportation Systems Electrician certified as a Level II (minimum) traffic signal technician by the IMSA, and certified by the State of California, labor code section 3099 and 3099.2. The COMPANY shall provide, upon 4 of 57 Page I of23 execution of the agreement, certifications for all other Transportation Systems Technicians working in the CITY. The COMPANY shall have on hand at all times the minimum specified spare controllers with the most recent software update as listed below for as -needed replacements. 0 Econolite ASC /3-2100 NEMA controllers (at least three), ® Safetran ASC/3 RackMount controllers (at least one), and B Econolite ASC/3-2070 (at least one). The COMPANY shall have available adequate skilled personnel and proper lab testing facilities to perform inspection of new and existing controller assemblies including controller units, auxiliary equipment, and traffic control appurtenances. The COMPANY shall retain a local telephone number where they can be reached twenty- four (24) hours for the replacement of burned -out vehicle indications, adjustment of turned heads, repair of controller malfunctions or any damage creating a public hazard. This telephone number shall be made available to all persons designated by the CITY. The COMPANY shall provide services to the CITY, Monday through friday, 7:30 AM — 5:00 PM under regular time pay rate. All work outside the specified hours and on holiday shall be paid according to State of California labor laws. MEEREMEM At the COMPANY'S cost, the COMPANY shall utilize and maintain mobile communications between the CITY and the COMPANY. The COMPANY shall respond immediately to emergency calls when directed by the CITY, and dispatch the qualified personnel and equipment to reach the site within thirty (30) minutes. In all other circumstances, the company shall respond within sixty (60) minutes. The replacement of burned -out vehicle indications and internally illuminated street name sign Iamp need not be on an emergency basis if there are at least two (2) indications still operative for each direction of travel. Stich replacement shall be handled as soon as possible in a routine manner within a 48 hour period. 5 of 57 Pcrge 2 of 23 The COMPANY's qualified personnel and service truck shall be equipped with proper tools and materials to respond to the call prior to the responding. I. Each Intersection: At each intersection, the COMPANY shall maintain a permanent record of service information for the intersection equipment including, but not limited to, vehicle and pedestrian tinning, detectors, cabinet wiring, interconnect equipment, pre -eruptive control, or similar equipment, The COMPANY shall maintain a separate record at each intersection detailing monthly maintenance and repairs of controller and related equipment, which shall be in English and legible. 2, Office Records: The COMPANY shall maintain a complete record of all laboratory repairs to controller allowing all parts or components repaired or replaced including serial numbers and item description. Each service hock in the field shall keep a daily record covering time chargeable to this contract in each twenty-four (24) hour period. This record shall include the time of day work was performed at each intersection, description of work performed and the name of the technician that performed the work. 3. Activities Report: A monthly activities report shall be included with all monthly invoices to the CITY Traffic Engineer by the fifteenth of each month. The report, shall include a complete record of all work performed on the CITY'S traffic signal equipment during the previous month. The report shall include: ® Location of each separate service * Date and approximate time for the service ® Reason for the service * Identification of the type of service (routine, extraordinary and/or emergency) ® Status of repair (complete or temporary) a for temporary—estiruated date of final repairs a Source of the request for service ® Name of the technician(s) performing the service e Number of hours spent fon each service 6 of 57 Page 3 of'23 With each monthly invoice, the COMPANY shall provide a monthly status report of open or incomplete work orders. This shall include any work that has been identified pending approved maintenance/repairs, temporary repairs, or maintenance pending delivery of equipment. The report shall include: • Location of pending work ® Date of authorization. ® Reason the work is incomplete ® Estimated date when the service will be completed At the CITY's discretion, the CITY may request a meeting to review the activities of the COMPANY. D. NEW INSTALLATIONS COMPANY shall maintain any additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the CITY at the contract bid price. In the event that notification is made of a new installation other than at the beginning of a monthly period, the unit cost will be prorated frons the day the COMPANY is notified. R. T12AFFIC SIGNAL CONTROL!' QUIPME NT The COMPANY shall repair, replace, or otherwise render in good working order any and all defective parts of the traffic signal control equipment with like make and model parts as the need arises except as agreed upon by the CITY. Whenever equipment is replaced or removed from the controller cabinet, the CITY shall be notified by phone within 24 hours or the next working day. Non-essential, non -safety related equipment shall be replaced within 14 calendar days after notifying the CITY. The COMPANY agrees to notify the CITY 'Traffic Engineer, or his authorized representative, a minimum of one (1) week in advance of any planned signal tum -off or turn -on. At the CITY's discretion, a Police officer's presence may be required prior to said tnn-off or turn -on. 7 of 57 Page 4 of 23 {��i�l_ii7 •.7e11Y Yl`ir91� tiff ��Dl During the period of warranty for new equipment installations, the COMPANY shall coordinate between manufacturers, installing Contractor and the CITY regarding any warranty service. The COMPANY shall notify the CITY of any delays in response by the manufacturer or installing Contractor and details of each incident. G. TRAFFIC CONTROL The COMPANY shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. All warning lights, signs, flares, barricades, delineators, detours and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the COMPANY. All traffic control shall conform to, and be placed in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD). Flashing arrow boards shall be furnished and maintained by the COMPANY, and be on all vehicles during any lane closure. A minimum of one 10 -foot wide travel lane in each direction shall remain open on Local and Secondary roadways. On Arterial roadways, a minimum of two travel lanes in each direction shall remain open. All existing left -turn pockets shall be maintained whenever feasible. Lane closures on arterial roadways shall be limited to 5:00 a.m. to 3:00 p.m., unless an emergency exists and such a closure is necessary to safeguard the traveling public. Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones spaced per the California MUTCD. Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. Flashing arrow boards shall be in place before implementing lane closure(s). When maintenance is complete, all traffic control signs, barricades, delineators, etc., shall be immediately removed from the site. 8 of 57 Page 5 of 23 H. EMERGENCY RESPONSE For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply: I. The COMPANY shall notify City's Traffic Engineering staff anti dispatch qualified personnel and equipment to reach the site within thirty (30) minutes. The COMPANY'S vehicles shall carry traffic cones, flashing arrow boards, traffic wanting signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the CITY Traffic Engineer, Newport Beach Police Department, or his designated representative. The COMPANY shall conform to the California MUTCD as dictated in the TRAFFIC CONTROL section of this Scope. 2. If no police officer is present and temporary STOP and STOP AHEAD signs have been set up, the COMPANY shall set tip more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the COMPANY shall remove all of the temporary traffic control devices and stack them at the side of the road, if owned by the CITY. 3. If a police officer is at the intersection when the COMPANY arrives, the COMPANY shall quickly examine the signal, evaluate the situation, and discuss it with the police officer. If the repair will only take a few minutes, the policeofficermay stay to continue to direct traffic while the COMPANY repairs the signal. If the repair will take longer than the officer can wait, the COMPANY shall inunediately set up STOP and STOP AHEAD signs and all other necessary warning devices and relieve the police officer. SECTION II: ROUTINE MAINTENANCE The COMPANY shall provide a program of continuing comprehensive preventive maintenance (PM) designed to eliminate or reduce the incidence of malfunctions, promote the 9 of 57 Page 6 of23 safety of the motoring public, reduce complaints, and extend the useful life of the equipment. All work listed below shall be included in the lump sum bid per intersection for routine maintenance. Any item that shall be repaired or replaced, above what is specified, may be invoiced as extraordinary maintenance as specified hi Section I11_ In carrying out the task described as routine maintenance, the COMPANY shall promptly notify the CITY of any conditioivs of the traffic signal equipment that present a hazard to the motoring public or to pedestrians, of- affect the signal timing or coordination. In addition to maintenance items listed below as routine, the COMPANY shall make the following minor repairs if discovered during the routine maintenance: • Replace malfunctioning pedestrian/bicycle push button.: ® Replace missing pedestriainlbicycle push button plate. ® Replace missing pole access covers. ® Attend to exposed wiring. ® Replace malfimctioning pedestrian indication, • Replace malfunctioning vehicle indication. These items shall only be repaired or replaced at this time if staff, equipment, and materials are already at the site for the routine maintenance. Replaced materials shall be billed at prices detailed in the Contract Unit Price Schedule attached to this Scope of Work. Time and equipment usage for these repairs shall be considered pail of the routine maintenance. The program shall include, but not be limited to, the following: A. MONTHLY MAINTENANCE A monthly inspection of each signalized intersection at which tinne the following tasks will be completed: Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back-up cabinets, and interconnect cabinets, removing any foreign material including graffiti. Tighten all electrical connections and check all fiber optic and Ethernet connections. Inspectlprotect all related facilities for/from ant, bug, or rodent infiltration. Rust 10 of 57 Page 7 of 23 and water damage shall be reported to the City in the monthly report. Inspect cabinet air filter and replace as necessary (the cabinet filter shall be replaced at least every six months). 2. Check timing of individual signal phases and integral tinung circuits for the correct operations per the timing sheet. 3. Check timing of yellow (clearance) intervals on all phases by stopwatch per the timing sheet. 4. Check and set, if necessary, the controller's digital time clock to National Bureau of Standards time. 5. Check detector tuuts and systems including but not limited to inductive loops, video cameras, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or report as necessary to restore intended operation. This includes the splicing (or re -splicing) of detector loop cables in the pull box and the replacement of pedestrian buttons as needed. 6. Visually inspect the signal malfi notion monitoring unit or conflict monitor for correct operation. 7. Visually inspect relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed. 8. Walk all approaches of the intersections and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrians signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached 80 percent depletion curve shall be replaced. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs including pedestrian push button plates shall be replaced. Cracked or damaged loop sealants shall be re- sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. 9. Immediately correct all safety deficiencies fond during routine inspection and submit work authorizations request to the City to schedule non -emergency work. 11 of 57 Page 8 of23 10. Check all traffic signal controller communication equipment for proper operation, verify coned controller IP addresses and adjust or repair as needed. Replacement of Ethernet switches and VDSL units shall be coordinated with the City and subject to its approval. COMPANY shall verify the grounds and connections of the copper twisted pairs at those locations using this communication system. COMPANY shall test and make any repairs or adjustments. The COMPANY shall notify the City of any needed repairs to the fiber optic splices which shall be extra work. The City reserves the right to contract this work out to others. COMPANY may be required to provide assistance to the City or other firers selected by the City to trouble -shoot fiber and Ethernet connections as requested. 11. The batteries in the Battery Backup Systems for the traffic signal shall be inspected for battery post corrosion, battery voltage, loose terminals, and tripped "tattle tails". 12. Inspect the operation of the flashing crosswalk at Coast Highway at Orchid Avenue and notify the CITY if any repairs or replacement of lights including in -ground flashing pedestrian lights are needed. B. THREE MONTH MAINTENANCE: 1. Check Battery Back-up Systems (BBS) for proper operation and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. Determine if the system is providing a "charge" to the batteries. Perform any available "self tests" or run any available diagnostic programs that are part of the individual options available on a particular BBS. If a particular battery does not meet specifications, perform an individual load test on the suspect battery: The date of new battery installations shall be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of the required maintenance. The COMPANY shall maintain a master spreadsheet showing the installation date of all BBS batteries by location, battery manufacturer, and the warranty expiration date. The COMPANY shall notify the City of non-operable or low -output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. If batteries are found to be "exploded" or cracked, the COMPANY may be responsible for the cost of the replacement if it is determined that the 12 of 57 Page 9 of 23 batteries have not been properly inspected, maintained, or were damaged due to improper installation by the COMPANY. 2. The cabinet door locks and pad locks shall be lubricated with graphite lubricant or equivalent, and maintained it) working order. Any missing or damaged locks shall be reported to the CITY in a timely mammr. C. SIC MONTH MAINTENANCE 1. School Warnine Flashing Beacons. Flashin= Crosswalks and Electroinic Radar Speed Feedback Signs: COMPANY shall perform maintenance inspection or repair of school warning flashing beacons, flashing crosswalks, and electronic radar feedback signs as directed by the CITY. Maintenance inspection shall be based on the following: • Clean cabinet inside and outside and remove any foreign material. • Check power supply voltage, solar equipment, and replace any batteries as necessary. Check settings for on/off timing, flashing rate, flashing duration, and time of day. Maintain all digital time clocks to National Bureau of standards time. ® Observe each pole, head, traffic control sign, etc., and remove foreign material. • Special attention shall be given to update Holiday, Daylight Savings Tune, and shut -down periods. ® Replace damaged or malfunctioning lamps, LED indications, in -road warning lights (IRWL), detection bollards, and pressure pads meeting manufacturer's specifications with prior City approval. 2. Perform a night drive throughout the CITY's limits noting any malfunctioning equipment, including, but not limited to, photocells, illuminated street name sign (ISNS) lamps, vehicle indications, pedestrian indications, and safety lighting. The list of malfunctioning equipment shall be submitted to the CTI'Y Traffic Engineer within ten (10) working days from the completion of the night drive. The List shall by approved by the CITY prior to 13 of 57 Page 10 of 23 repair/replacement of the equipment.. A separate list of malfunctioning safety lights shall also be tracked and submitted to the CITY. The night drive shall be scheduled with the CITY prior to commencement. 3, CCTV Cameras: The CCTV camera housing and lens at the following 28 intersections shall be cleaned per the manufacturer's specification. ® Balboa Boulevard at Riven Avenue ® Balboa Boulevard at 21st Street o .Balboa Boulevard at 15°i Street ® Birch Street at Bristol Street South ® Campus Drive at Bristol Street North • Campus Drive at Dove Street ® Coast Highway at Jamboree Road © Coast Highway at MacArthur Boulevard • Coast Highway at Marguerite Avenue • Irvine Avenue at WesteliffDrive • Irvine Avenue at Dover Drive ® Irvine Avenue at Mesa Drive ® Jamboree Road at Saga Joaquin Hills Road • Jamboree Road at Forel Road • Jamboree Road at University Drive ® Jamboree Road at Bristol Street South o Jamboree Road at MacArthur Boulevard ® MacArthur Boulevard at San Miguel Drive ® MacArthur Boulevard at San Joaquin Hills Read ® MacArthur Boulevard at Bonita Canyon Drive • MacArthur Boulevard at Bison Avenue • MacArthur Boulevard at Birch Street ® Newport Boulevard at 28n' Street e Newport Boulevard at 32nd Street ® Newport Center Drive at Newport Center Drive East-West 14 of 57 Page I I of 23 ® Newport Center Drive at San Miguel Drive a Newport Center Drive at Santa Barbara Drive ® Superior Avenue at Placentia Avenuc Future CCTV camera installations will be accounted for as detailed in Section 1 (d) of this scope of worts. 4. Air Filters: The COMPANY shall replace the air filter elements, in all traffic signal and battery back-up cabinets so equipped, every six (6) months. All filter elements in all cabinets shall initially be replaced within four (4) months after the beginning of this contract. S. Traffic Signal Controller Software: COMPANY shall verify and update records of current software or firmware for the Fconolite ASG/3 controllers. This includes the spare controllers that the COMPANY maintains for emergency replacement of failed controllers. All updates of controllers shall be confirmed and coordinated with the City. D. YEARLY MAINTENANCE I. Battetp Bank S sy tem: The traffic signal battery back -tap system shall be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The COMPANY shall coordinate with the CITY for the schedule prior commencement of work. 2. Conflict Monitor / Malfunction Manaaenrent Unit_(MMU): The conflict monitors shall be tested once per calendar year using the MT -t80 or equivalent conflict monitor tester. Malfunction Management Unit (MMU) shall be tested once per calendar year per the manufacture's specification. The COMPANY shall create a report for each test conducted. A replacennclnt conflict monitor or MMU, of like kind, shall be furnished by the COMPANY and installed into the cabinet to monitor the intersection while the test is being conducted. All test results shall be documented. Any conflict monitor or MAU that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance. 3. Video Detection Camera: The video detection camera lens at the following four (4) intersections shall be cleaned per the manufacturer's specification. In addition, the camera's alignment shall be checked and adjusted to obtain the proper sight level. ® 'San Miguel Drive at Port Sutton/Yacht Coquette (four cameras) 15 of 57 Page 12 gf23 • Bison Ave at Bayswater (onc camera) » Jamboree Road at Bristol Street North (two cameras) ® Jamboree Road at Bristol Street South (three cameras) • Avocado Avenue at Farallon Drive (one camera) 4, lamer enev Vehicle Pre-eniion(EVP): The optical detector lens shall be cleaned per the manufacturer's specification at all signalized intersection throughout the CITY's limit, including signals operated and maintained by CALTRANS. 5. Paiizting: COMPANY shall prepare and submit an annual work authorization, request to the City listing cabinets (i.e. controller, service), signal head, and framework equipment that need painting as identified during the monthly maintenance reviews. Special notification shall he provided regarding rusting or water damage. Authorization for COMPANY to proceed on the painting shall be subject to authorization per the terms of Extraordinary Maintenance, Painting to remove graffiti on signal equipment shall be performed by COMPANY within twenty-four (24) horns of the observation or report and will be paid for under the terns of Extraordinary Maintenance. COMPANY shall use the City's current paint standard color and apply coverage to provide uniform color on the equipment. E. COMPENSATION FOR ROUTfNE MAINTENANCE The CITY shall compensate the COMPANY monthly at the unit bid price per signalized intersection, which shall include labor, materials, equipment, overhead, and profit. The CITY reserves the right to inspect COMPANY'S work and withhold monthly payments for work not performed per routine maintenance as outlined in this section. SEC'T'ION III: The COMPANY shall provide maintenance beyond routine maintenance, as defined in Section II. The repaired or replaced items may be billed as extraordinary maintenance. The program shall include, but not be limited to, the following: 16 of 57 Page 13 o1*23 A. Extraordinary maintenance of the City's traffic signal equipment and systems will include but not be limited to: 1. Repair and/or replacement of a failed or malfunctioning signal system caused by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation 2. Modifications to traffic signal equipment such as, but not limited to, upgrades of controller cabinets, controller components, and traffic signal wiring and hardware 3. Repair/Replacoment of safety lighting at signalized intersections 4. Repair/Replacement of internally illuminated street name signs lamps 5. Replacement of vehicle indications 6. Replacement of batteries for battery back -tip systems 7. Minor upgrading or installations as directed by the CITY & Repair/Replacement of loop detectors, DLCs, or conduit as required 9. Replacement of pedestrian indications 10. Repainting of signal equipment as directed by the CITY IL Maintenance of warning devices (i.e.. flashing beacons) 12. Maintenance of sign bridge lighting 13. Installation of regulatory or warning signs on signal mast -anti, standard, or sign bridge 14. Interconnect installation, repair, terminations, and testing of same (excludes monthly testing) 15. Replacement when equipment becomes obsolete or deteriorates beyond repair B. NOTIFICATION The COMPANY shall contact the CITY regarding any extraordinary maintenance work 17 of 57 Page 14 of 23 and seek approval before the work is scheduled. The COMPANY shall notify the CITY by telephone at least four (4) hours in advance of any work is coruneneed, except in emergencies or safety issues where injury or property damage may result without prompt response. HVIRL"I Mail Upon receipt of an itemized invoice within thirty (30) days of completion of the work, CITY shall compensate COMPANY for such repairs required beyond the scope of routine maintenance as follows: I. Materials: The CITY shall pay the COMPANY for materials used in extraordinary maintenance of traffic signals and appurtenances per intersection. The CITY has the right to inspect the COMPANY'S records to verity any material costs used in extraordinary maintenance. 2. Direct Labor: The COMPANY shall present their monthly invoice with a record of hours spent in extraordinary maintenance per intersection. The CITY shall pay the COMPANY for such hours of extraordinary maintenance at the rates specified in this scope of work. Said hourly rates shall be the total cost to the CITY. 3. E ui,meiit: The CITY shall pay for equipment used in extraordinary maintenance on a per hour basis as specified in this scope of work. The listing of per hour equipment rates shall constitute total rates to be paid by the CITY when specified equipment is used. No additional payments of any kind shall be paid for the equipment, except as specified in this scope of work for the hourly rates fisted. No additional compensation shall be paid for transporting the equipment to or from the job site. D. REPAIR AND RE PLACEMEIN'T The COMPANY shall replace or repair any and all defective parts of the signal system which cause signal failure or malfunctions, as the occasion arises, including but not limited to, the controller, detector amplifiers, push buttons, relays, master controllers, interconnect, indications, flashers, detector loops, safety lights, illuminated street name sign panels and lamps, and wiring system. 18 of 57 Page 15 of 23 The COMPANY shall provide the CITY a document log for equipment removed from the cabinet for repair. This tracking log shall include, but not be limited to, information pertaining to time, date, original location, reason for removal, and description of equipment with serial number. This log shall be included in the activities report invoice as a line iteral status of all removed equipment. The COMPANY shall supply the CITY complete record of all laboratory repairs to controllers, detectors, conflict monitor units, etc., showing all parts or components repaired or replaced including serial numbers and item description. The record shall be attached to the equipment when returned to the CITY. E. VEHICLE INDICATIONS AND LIGATING The COMPANY shall furbish and replace all vehicle LED indications as needed for signals and warning flashers. All LED vehicle indications shall be certified by the Caltrans and ITE. The CITY will accept Dialight or Gelcore brand LED vehicle indications (or CITY approved equal). The COMPANY shall honor all existing low or nonfunctional LED for warranty replacement. Any lens obstructed by drat or debris shall be cleaned immediately. Fluorescent ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD. C78. All Inductive Lamps shall be replaced according to manufacture specifications. All LED ISNS shall be Nuart Edgelit (or approved equal). LED Driver and Light Engine shall be replaced according to manufacture specifications. The ISNS panels shall be wiped clean of dirt and debris when the lamps are replaced. Safety lighting shall only be repaired as approved by the CITY. F. LOOP DETECTOR REPLACEMENT The COMPANY shall clean and fill deteriorated loop detector saw cuts with epoxy as necessary. Once it is determined by the CITY and the COMPANY that the saw cut or DLC has deteriorated to a point that applying more epoxy is 'insufficient, the detector shall be replaced at the price stated in the contract. 19 of 57 Page 16 of 23 Traffic signal loop detectors shall be installed per Caltrans Standard flans >S -5A and ES -513 and shall be Type E spaced ten feet apart. Lead loop detector shall be Modified Type E for bicycle detection and shall be placed immediately behind the crosswalk. The exact location of the loop detector shall be approved by the CITY. The loop wire shall be Type 2 and the loop detector lead-in cable shall be Type B. All loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. The COMPANY shall notify the CITY of locations where the pavement surface has degraded to a point that loops cannot be reinstalled. G. PEDESTRIAN SIGNALS The COMPANY shall replace Walkman/Hand pedestrian signal modules as they become inoperative with Dialight or Gelcore Type A LEI? (or approved equal) module with a plastic housing and stainless steel hardware with bronze terminal compartments. The LED Count -down pedestrian indications shall be installed as replacements to existing count -down units. If replacement is necessary, it shall be paid for at the unit price specified in the contract. Walk/Don't Walk pedestrian Signal lamps as they become inoperative shall be updated to Type A LED module (Walkman/hand) or approved equal. The pedestrian signal installation shall be replaced at the price stated in the contract. H. REFINISBFNG OF SIGNAL MEIVT As directed by the CITY traffic signal equipment shall be repainted conforming to State standards. Utility cabinets shall be painted with a white vinyl finish coat and pre-treatment vinyl wash primer. Traffic signal heads, assemblies, framework, and hardware shall be painted standard colors. I. TRAFFIC SIGNAL INTERCONNT;CT/COMMUNICATION SYSTEM COMPANY shall provide trained technicians/personnel in the field who have training in the operation and integration of the Econolite Centracs traffic signal master or equivalent and the related interconnect or communication system. Technicians assigned to the installation or repair 20 of 57 Page 17 of 23 of the City's interconnect shall have training or be directly supervised by a technician with experience in the installation and handling of fiber optic cable, copper, VDSL and Ethernet equipment. If this work is subcontracted, this information shall be supplied and the subcontractor shall be subject to the approval of the City. Costs for additional assistance shall be assumed per the unit price for related interconnect, J. UNDERGROUND SERVICE ALL, The COMPANY shall be the designated City representative in response to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduit, interconnect facilities, loops, and other appurtenant equipment that might conflict with other right-of-way construction or repairs. The COMPANY shall be responsible for equipping its technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of its current records) for these facilities including field verification using these locating devices. All updates shall be transmitted to the City in a format adequate for its records. In the event underground equipment is damaged by construction due to the COMPANY's failure to properly marls the underground facilities per the records or reasonable effort using the appropriate equipment as determined by the CITY, the costs for repairs shall be the sole responsibility of the COMPANY for facilities that were not properly marked. It shall also be the COMPANY's responsibility to contact requesting party in the event the scope of work is vague or incomplete. The COMPANY shall mark out all traffic signal underground facilities within the time frames required by USA. If the COMPANY does not marls out all traffic signal underground facilities within the prescribed time periods, the City shall issue a written warning to the COMPANY. After three written warnings, failure to respond within the prescribed time periods shall result in a penalty of $500.00 per occurrence, which shall be deducted from any monies due the COMPANY. COMPANY response to all Underground Service Alert (USA) requests/notices relating to traffic signals and interconnect shall be billed as extraordinary maintenance. 21 of 57 Page 18 of 23 SECTION IV: A. REt?UEST EE R A➢i3ITiCDNAL W®RI£ CITY may from time to time request that COMPANY provide additional work and services not related to Routine or Extraordinary Maintenance detailed in this Scope of Work. Such work, must be authorized in advance by the CITY, and shall be provided by COMPANY on a time and materials basis pursuant to the billing and material rates set forth in Exhibit B. B. COMPENSATION FOR ADDITIONAL, W€ -RJC Within thirty (30) days of completion of the work, COMPANY shall submit an itemized invoice for the Additional Work that shall include the following: 1. A List of all materials used in performance of the work, including the pre- and post mark-up costs. 2. A list of all personnel who performed the work, including their position or title, their billing rate, and the hours of labor performed. 3. A list of all equipment used for the work, including hours of usage. CITY shall compensate COMPANY for the additional work within 30 days of receipt and approval of the invoice by City staff. 22 of 57 Page 19 of 23 TRAFFIC SIGNAL MAINTENANCE ITEMS 1. Routine Maintenance (see Seetiorz II): a. Each signalized intersection for monthly tasks $ Lump Sum b. Each signalized intersection' for three month tasks $ _ Lump Sum C. Each signalized intersection for six month tasks $ Lump Stan d. Each signalized intersection for twelve month tasks $ Per Unit i. Each Battery Back-up System Test (per intersection) $ Lump Sum ii. Each Conflict Monitor/MMU Test (per intersection) $ Lump Sum iii. Video Detection Camera Clearing (per intersection) $ Lump Sana iv. EVP Optical Detector Lens Cleaning (per intersection) $ _ Lump Sum v. CCTV Camera Cleaning (per intersection) $ Lump Sum e. Each flashing crosswalk for monthly tasks $ Lump Sum 2. Extraordinary Maintenance (see Section III): a. Replacement of luminaire safety light lamp (per unit) $ Lump Sum b. Replacement of luminaire safety Iight ballast (per unit) $ Lump Sun C. Replacement of internally illuminated sheet name sign florescent lamps (per unit) $ _ Lump Sum d. Replacement of internally illuminated street name sign florescent ballast (per unit) $ Lump Sum C. Replacement of LED internally illuminated street name assembly (per unit) $ Lump Sum £ Replacement of internally illuminated street ane sign panel (per unit) $ Lump Sum g. Replacement of vehicle indication 12" Green Ball/Arrow $ $ Per Unit 12" Yellow Ball/Arrow $ $ Per Unit 12" Red Ball/Arrow $ $ Per Unit 8" Green Ball $ Per -Unit 23 of 57 Page 20 gf23 h. i. k. In. u. 8" Yellow Ball $ Per Unit 8" Red Ball $ Per Unit Programmable Visibility Indication $ Per Unit 3 -section 12" vehicle head assembly with LED $ Per Unit 4 -section 12" vehicle head assembly with LED $ Per Unit 5 -section 12" vehicle head assembly with LED $ _ Per Unit Backplate for a 3 -section vehicle head $ Per Unit Backplate for a 5 -section vehicle head $ Per Unit Replacement of standard Type "E" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion (4 or Less) $ ____ Per Unit (more than 4) $ — Per Unit Replacement of standard Type "E Modified" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion. (4 or Less) $ Per Unit (more than 4) $ _ Per Unit Replace pall box with Christy Fiberlite (No. 3) $ Per Unit (No. 5) $ Per Unit (No. 6) $ _ _ Per Unit Replacement of Walk/Don't Walk pedestrian signal to Type A LED module $_ Per Unit Replacement of Walkman/Hand pedestrian signal to Type A LED module $ Per Unit Replacement of Count -down Walkman/Band pedestrian signal to Count -down LED module $ Per Unit Replacement of Pedestrian and Bicycle push buttons with ADA approved buttons and signs $ Per Unit Page 21 gf23 24 of 57 s �; CONTRACTiel &a; o. Refinishing of pedestrian heads and signal heads, including fi-ameworks per signalized intersection, excluding controller and electric service cabinets. Pedestrian Head $ Per Unit Signal Head $ Per Unit p. Refinishing of traffic signal controller cabinet or utility cabinet Signal Controller Cabinet $ _ Per Unit Utility Cabinet $ Per Unit q. Material and Parts: Supplier's invoices amount plus 15% markup. Y, Response to USA Callout / Marking of Facilities $ Per Unit S. Labor: Registered Civil Engineer Engineering Technician Traffic Signal Maintenance Superintendent Transportation Systems Technician Transportation System Electrician Traffic Signal Laborer Traffic Signal Painter Interconnect / Communications Regular Time Overtime Per Hour Per Flour $ $ Specialist - Ethernet $ ___ $-__._____ Fiber Optic Specialist $ $ _ 25 of 57 Page 22 of 23 : TRAFFIC SIGNAL. MAINTENANCE ITEMS Equipment: Rate Per Hour Pick -Up Truck $ Service Truck $ Service Boom Truck $ Water Truck $ Concrete Saw and Truck $ Air Compressor with Tools $ Crane $ 26 of 57 Page 23 Uf 23 • THIS MAINTENANCE AND REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this _ day of November, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SIEMENS INDUSTRY, INC., a Delaware corporation ("Contractor"), whose principal place of business is 1266 N. La Loma Circle, Anaheim, CA 92806, and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform regularly scheduled maintenance and repair services for the City's traffic signals, traffic signal controllers, electrical or mechanical traffic control or traffic devices, traffic signal poles and all other hardware, closed circuit television cameras, flashing crosswalk, flashing beacon, battery backup systems, radar speed warning devices, as well as providing emergency response and extraordinary maintenance and repair of the City's traffic signal system ("Project"). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on January 1, 2013 ("Effective Date"), and shall terminate on December 31, 2013 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the city's option to automatically renew the Agreement for four (4) additional one (1) year terms ("Renewal Term") unless terminated earlier as set forth herein. In any event, the term of this Agreement, including the Original Term and any Renewal Terms shall not extend beyond December 31, 2017 without a written amendment to this Agreement. `�I& 74Uilwel[a7Z", 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ("Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. dioliii!:141,14RIA, 9f*7i 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis, in accordance with the provisions of this Section and the Schedule of Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement, including the Original Term and any Renewal Terms, without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) per twelve (12) month period from January 1 through December 31, commencing with the Effective Date, without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person SIEMENS INDUSTRY, INC., Page 2 and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work' means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. :10031- LAIIIT,l]11%1—.VC1 O 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Michael Hutchens to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants this it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. This Agreement will be administered by the Public Works Department. Brad Sommers, Senior Civil Engineer, or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. ��'���,1►1�71►F��_1�A'r1fi:�7.C�T i� a _ a � = I�7[73a\tT 7.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. SIEMENS INDUSTRY, INC., Page 3 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 7.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 7.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). SIEMENS INDUSTRY, INC., Page 4 8.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. iT11 I I we 0=0 :7#I-.1iWeW Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. HMMEHERU� Contractor shall discuss and review all matters relating to policy and Project direction with the Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. SIEMENS INDUSTRY, INC., Page 5 Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. r Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. iL 0ilI'll 1`011"g10 14.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100°/x) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 14.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 14.3 The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power, or SIEMENS INDUSTRY, INC., Page 6 twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. fiG I iTiMJ7_1iH [r. The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Each and every report, draft, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18. CONFIDENTIALITY All Documents, including drafts, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. SIEMENS INDUSTRY, INC., Page 7 City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. City reserves the right to employ other Contractors in connection with the Project. 22. CONFLICTS OF INTEREST 22.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 22.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3326 Fax: 949-644-3318 23.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: SIEMENS INDUSTRY, INC., Page 8 Attn: Michael Hutchens SIEMENS INDUSTRY, INC., 1266 N. La Loma Circle Anaheim, CA 92806 Phone: 714-630-2100 Fax: 714-630-2828 ��[*�*mil iT Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 25. TERMINATION 25.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than thirty (30) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased and Documents created in performance of this Agreement. 26. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of SIEMENS INDUSTRY, INC., Page 9 Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of State and Federal law including, but not limited to, applicable provisions of the Federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's fees, and other costs of defense by reason of actual or alleged violations of any applicable Federal, State and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 28.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. SIEMENS INDUSTRY, INC., Page 10 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 28.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.6 Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 28.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.8 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.10 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.11 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. SIEMENS INDUSTRY, INC., Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. in M CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Nancy Gardner Mayor CONTRACTOR: SIEMENS INDUSTRY, INC., a Delaware corporation Date: Bv: Leilani I. Brown Dana Rasmussen City Clerk President/CEO Date: By: Dirk Glaser Vice President / Finance r a , Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements Exhibit D — Faithful Performance Bond Exhibit E — Labor and Materials Bond Al2-00741 SIEMENS INDUSTRY, INC., Page 12 SIEMENS INDUSTRY, INC., Page A-1 Siemens will provide a comprehensive routine scheduled maintenance, extraordinary, emergency repairs and technical support to the City's traffic signal systems, flashing beacons, lighted cross walk systems, and battery backup systems. Siemens's program is designed to eliminate or reduce incidences of malfunctions, complaints, and extend the useful life of the City`s traffic signal equipment. The program includes periodic inspection, testing, recordkeeping, cleaning, repair, and replacement of equipment. Michael Hutchens will be the Project Manager serving the City of Newport Beach. He will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment. We will furnish temporary replacement traffic signal controllers, preemption units, detector amplifiers, conflict monitors, video detection systems, uninterruptible power supplies, etc. as the need arises. Our crews will not change the traffic signal timing without direction from City staff. Siemens will perform the maintenance inspections desired by the City of Newport Beach. Items performed in the Monthly Maintenance checks will also be performed in the quarterly, semi-annual and annual checks. i MONTHLY INSPECTIONS The monthly inspection of each signalized intersection will include the following: 1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back- up cabinets, and interconnect cabinets, removing any foreign material including graffiti. Tighten all electrical connections and check all fiber optic and Ethernet connections. inspect/protect all related facilities for/from ant, bug, or rodent infiltration. Rust and water damage shall be reported to the City in the monthly report. inspect cabinet air filter and replace as necessary (the cabinetfilter will be replaced at least every six months). 2. Check timing of individual signal phases and integral timing circuits for the correct operations per the timing sheet. 3. Check timing of yellow (clearance) intervals an all phases by stopwatch per the timing sheet. 4. Check and set, if necessary, the controller's digital time clock to National Bureau of Standards time. S. Check detector units and systems including but not limited to inductive loops, video cameras, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or report as necessary to restore intended operation. This includes the splicing (or re -splicing) of detector loop cables in the pull box and the replacement of pedestrian buttons as needed. 6. Visually inspect the signal malfunction monitoring unit or conflict monitor for correct operation and date and time. ProParat to Provide Traf c &9w1,VafWenance Siemens InAsiry, 1"a 7. Visually inspect relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed. , 8. Walk all approaches of the Intersection and visually inspect all signal poles, mast arms; signal head and indications (including programmed visibility indications), traffic control signs, pedestrians signals, Illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached BO percent depletion curve will be replaced during the visit, All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs including pedestrian push button plates shall be replaced. Cracked or damaged loop sealants shall be resealed, All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. 9. immediately correct all safety deficiencies fond during routine inspection and submit work authorizations request to the City to schedule non -emergency work. 10. Check all traffic signal controller communication equipment for proper operation, verify correct controller IP addresses and adjust or repair as needed. Replacement of Ethernet switches and VDSL units will be coordinated with the City and subject to its approval. We will verify the grounds and connections of the copper twisted pairs at those locations using this communication system. We will test and make any repairs or adjustments and notify the City of any needed repairs to the fiber optic splices which shall be extra work. We will provide assistance to the City or other firms selected by the City to trouble -shoot fiber and Ethernet connections as requested. 11. The batteries in the Battery Backup Systems for the traffic signal shall be inspected for battery post corrosion, battery voltage, loose terminals, and tripped "tattle tails". 12. Inspect the operation of the flashing crosswalk at Coast Highway at Orchid Avenue and notify the City of Newport Beach if any repairs or replacement of lights including in -ground flashing pedestrian lights are needed. QUARTERLY INSP€COONS The quarterly inspection (which includes the monthly inspection) shall include at a minimum: 1. Check Battery Back-up Systems (BBS) for proper operation and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. Determine if the system is providing a "charge" to the batteries. Perform any available "self tests" or run any available diagnostic programs that are part of the individual options available on a particular BBS. if a particular battery does not meet specifications, perform an individual load test on the suspect battery. The date of new battery installations shall be recorded in the Proposat fo prov6de Traffic Signal klo(menance Siemens Indusiq,, Inc, traffic signal cabinet and in the monthly status reports to track the frequency of the required maintenance. We will maintain a master spreadsheet showing the installation date of all BBS batteries by location, battery manufacturer, and the warranty expiration date. We will notify the City of non-operable or low -output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. We understand that if batteries are found to be "exploded" or cracked, we may be responsible for the cost of the replacement if it is determined that the batteries have not been properly inspected, maintained, or were damaged due to improper installation. 2. The cabinet door locks and pad locks shall be lubricated with graphite lubricant or equivalent, and maintained in working order. Any missing or damaged locks will be reported to the CITY in a timely manner, SIX MONTH INSPECTIONS The six month inspection (in addition to monthly and quarterly) shall include at a minimum: 1. School Warning Flashing Beacons, Flashing Crosswalks and Electronic Radar Speed Feedback Signs: We will perform maintenance inspection or repair of school warning flashing beacons, flashing crosswalks, and electronic radar feedback signs as directed by the CITY. Maintenance inspection will be based on the following: • Clean cabinet inside and outside and remove any foreign material. • Check power supply voltage, solar equipment, and replace any batteries as necessary. • Check settings for on/off timing, flashing rate, flashing duration, and time of day. • Maintain all digital time clocks to National Bureau of standards time, • Observe each pole, head, traffic control sign, etc., and remove foreign material. • Special attention shall be given to update Holiday, Daylight Savings Time, and shut -down periods. • Replace damaged or malfunctioning lamps, LED indications, in -road warning lights (IRWL), detection bollards, and pressure pads meeting manufacturer's specifications with prior City approval. 2. Perform a night drive throughout the City of Newport Beach limits noting any malfunctioning equipment, including, but not limited to, photocells, illuminated street name sign (ISNS) lamps, vehicle indications, pedestrian indications, and safety fighting. The list of malfunctioning equipment shall be submitted to the Traffic Engineer within ten (10) working days from the completion of the night drive. The list shall be approved by the City prior to repair/replacement of the equipment. A separate list of malfunctioning safety lights will also be tracked and submitted to the City. The night drive will be scheduled with the City of Newport Beach prior to commencement. Propoml m provide naJjtc Signal ,trnlatenantx Skinens industry, Ina 3. CCTV Cameras: The CCN camera housing and }ens at 26 intersections will be cleaned per the manufacturer's specification. Future CCTV camera installations will be accounted for as detailed in Section 1(d) of the City's scope of work. 4. Air Filters: We will replace the air filter elements, in all traffic signal and battery back-up j cabinets so equipped, every six (6) months. All filter elements in all cabinets will initially be replaced within four (4) months after the beginning of this contract, I 5. Traffic Signal Controller Software: We will verify and update records of current software or firmware for the Econolite ASC/3 controllers. This will also include spare controllers that the we maintain for emergency replacement of failed controllers. All updates of controllers shall be confirmed and coordinated with the City. ANNUAL PREVENTATIVE MAINTENANCE The annual preventative maintenance (in addition to monthly, quarterly and 6 -month inspection) Shall include at a minimum: I. Battery Back -Up System: The traffic signal battery back-up system will be checked by electrical bypass for appropriate operation per the manufacturer's specifications. We will coordinate with the City of Newport Beach and schedule prior to commencement of work. 2. Conflict Monitor / Malfunction Management Unit (MMU): The conflict monitors will be tested once per calendar year using Atsi 2600 conflict monitor tester or equivalent. Malfunction Management Unit (MMU) shall be tested once per calendar year per the manufacture's specification. We will generate a report for each test conducted. A replacement conflict monitor or MMU, of like kind, will be furnished and installed into the cabinet to monitor the intersection while the test is being conducted. All test results will be documented. Any conflict monitor or MMU that does not pass the test will be repaired or replaced and billed as extraordinary maintenance. 3. Video Detection Camera: The video detection camera lens at four (4) intersections will be cleaned per the manufacturer's specification. In addition, the camera's alignment will be Checked and adjusted to obtain the proper sight level. 4. Emergency Vehicle Pre-emption (EVP): The optical detector lens will be cleaned per the manufacturer's specification at all signalized intersection throughout the CITY's limit, including signals operated and maintained by CALTRANS. 5, Painting: We will prepare and submit an annual work authorization request to the City listing cabinets (i.e. controller, service), signal head, and framework equipment that need painting as identified during our monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for us to proceed on the painting will be Proposal to prowde Trak Signal Afaintenanca Siemens lndusay, Inc subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed within twenty-four (24) hours of the observation or report and will be paid for under the terms of Extraordinary Maintenance. We will use the City's current paint standard color and apply coverage to provide uniform color on the equipment. I EXTRAORDINARY MAINTENANCE In addition to the previously mentioned routine maintenance activities, Siemens will provide the City { with extraordinary maintenance services on an as needed basis. Extraordinary maintenance may include • Repairing damage relating to signal knockdowns, vandalism or other accidents • Complete Intersection re -wire (scheduled and emergency) • Upgrading controller cabinets • Testing battery back-up systems and replacement if required • Replacing LED Modules and pedestrian indications • Painting cabinets or signal heads • Replacing lenses, detectors, video detection cameras, CCTV cameras • Installing interconnect • Responding to Underground Service Alert requests • Assisting in inspection of new installations Republic ITS will not perform any extraordinary maintenance without the approval of the Director of Public Works or his authorized representative. If Republic staff encounters a situation wherein extraordinary maintenance is needed, Siemens will supply the City with a description of the work required as well as a proposed cost estimate for approval. TRAFFIC SIGNAL COMPONENTS Siemens will repair, replace or otherwise render in good working condition defective parts of the traffic signal control equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City staff. Defective or malfunctioning controller cabinet equipment will be reported to the City for approval to make the necessary changes. Changes made will be recorded on the maintenance or repair log within the traffic signal controller cabinet. Items that are no longer covered under the manufacturer's warranty will be repaired or replaced with new parts. If a controller becomes obsolete or deteriorated to the point of being beyond repair, Republic ITS will report such conditions to the City and provide evidence that replacement is necessary. We will provide an estimate indicating the costs for replacement of the controller and submit this information to the City. Permanent replacement of the traffic signal controller will not be completed without approval of City staff. Proposal to provide Traffic Signal Maletenance Siemens Industry, Irte SCHEDULE Siemens' proposed time for routine maintenance will be based on the convenience of the City. The duration of standard maintenance will differ, depending on the repairs, if any, required during a given month. Emergency response will be available 24 hours a day, 7 days a week. Amore detailed schedule can be provided afterthe award of contracts. SUB-CONSULTANTS/SUB-CONTRACTING Siemens utilizes all Traffic Signal Manufactures when required. In addition, Siemens uses its own forces for all work within this RFP and does not anticipate using any subcontractors. i Proposal to Provide Troffc,Signal Matntenance Sismens Industry, Inc. EXHIBIT B SIEMENS INDUSTRY, INC., Page B-1 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITE 1. Routine I'VInintena nce (see Section !I). a 1 a _ Per Unit S Gi% 'S ��f Per Unit a. Each signalized intersection for monthly tads $ tv Gump Su n b. Each signalized intersection for three month tasks S Lump Sum C. Each signalized intersection for six month tasks $ '� Lump Sum d. Each signalized intersection for twelve month tasks L Each Battery Back-up System Test (per intersection) St Lump Sum ii. Each Conflict Monitor/MMU Test (per intersection) $ Lump Suer iii. Video Detection Camera Cleaning (per intersection} S Lump Sum iv. EVP Optical Detector Lens CIeaning (per intersection) $ gra Luing SLIM v_ CCPV Camera. Cleaning (per intersection) � �� Lump Sum e. Each flashing crosswalk for monthly tasks S `_ Lump Sum 2. Extraordinary Maintenance (see Section III). a. Replacement of Luminaire safety light lamp {per unit} S Z _ Lump Suns b. Replacement of luminaire safety light ballast (per unit) $ ' Lump Sum c. Replacement of internally illuminated street name sign florescent lamps (per unit) S 6�': „ Lump Sum d. Replacement of internally illuminated street name sign 'florescent ballast (per unit) Lamp Sum e. Replacement of LEL? internally illuminated street name assembly (per unit) $ _-/p -, Lump Slim f. Replacementofinternally illuminated u�� street name sign panel (per trait) S 09� Lump Suns g. Replacement of vehicle indication 12"Green Sall/Arrow 12" Yellow, Sall/Arrow 12" Red Sall/AiTow &" Green Bali S Q ;7 a 1 a _ Per Unit S Gi% 'S ��f Per Unit S Per Unit I TRAFFIC SIGNAL MAINTENANCE ITEMS 8" Yellow Bali 8" Red Ball Programmable Visibility Indication 3 -section 12" vehicle head assembly with LED 4 -section 12" vehicle head assembly with LED 5 -section 12" vehicle head assembly with LED Backplate for a 3 -section vehicle head Backplate for a 5 -section vehicle head h. Replacement of standard Type "E" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion. i 0 k. in. (4 or Tess) (more than 4) Replacement of standard Type "E Modified" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion. (4 or Less) (move than 4) Replace pull box with Christy Fiberlite (No. 3) (, io, 5) (No. 6) Replacement of WalkfDon't '%)k pedestrian signal to Type A LEIS module Replacement of Walkman/Hand pedestrian signal to Type A LED module Replacement of Count-dwNm Waikmanfliand pedestrian signal to Count -down TED module n, Replacement of Pedestrian and Bicycle push buttons with ADA approved buttons and signs Per Unit S §U:" per Unit S Per Unit S SDz?� Per Unit S1 ` ' Par Unit 5 7"" PerUnit S �S- Per Chit $ Per U1)it S '1gr0¢Per Unit SS"_. Per Unit S �jtSt � Per Unit Per Unit Saa Per Unit. $ Per Unit Per Unit $ 1664f Per Unit S 164, P(:r Unit S 7( Per tUtlit Per droit o. Refinishing of pedestrian treads and signal heads, including frameworks per signalized intersection, excluding controller and electric Service cabinets. Pedestrian Head W $ ?r Per Unit Signal Head $ 1 OC4'0 Per Unit P. Refinishing of traffic signal controller cabinet or utility cabinet Signal Controller Cabinet $ i 6:0 Per Unit ` Utility Cabinet S 1i1t`�' Per Unit. q. Material and Parts: Supplier's invoices amount pins 15% markup. r. Response to LISA Callout 1 Marking of Facilities S Per Unit S, Labor: Regular Time Overtime Per Hour Per Hour Registered Civil Engineer $ Engineering Technician $ �5:�. 1 Gil $ ! __ Traffic Signal Maintenance Superintendent S Transportation Systems Technician $� S ' Transportation System Electrician $S"" 5 Traffic Signal Laborer $ Traffic Signal Painter Interconnect I Communications Specialist - Ethemet $ $ Fiber Optic Specialist $�_ $ f i` el EXHIBIT II CONTRACT UNIT PRICE SCHEDULE, TRAFFIC SIGNAL MAINTENANCE ITEMS t. Equipment: Rate Per Hour Pick -Up Truck Service Truck " Service Boom Truck S - Water Truck S /0, Concrete Saw and Truck $ Air Compressor with Tools $ Crane $ r-I3xcrs'.PBtt'+Sha:eC.TRA FFICSinnl Main= ncc Agrcm nnScape d Wxk 2012.)&-' 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1;000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. endorsed to contain, the following provisions: The policies are to contain, or be SIEMENS INDUSTRY, INC., Page C-1 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, SIEMENS INDUSTRY, INC., Page C-2 limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City. Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. SIEMENS INDUSTRY, INC., Page C-3 Re-JUDIM The premium charges on this Bond is $ being at the rate of $ Agreement price. EXHIBIT D thousand of the annual WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the terms and conditions of the Agreement. WHEREAS, the City of Newport Beach, State of California, has awarded to SIEMENS INDUSTRY, INC., hereinafter designated as the "Principal," a contract for the Services, located at VARIOUS LOCATIONS in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and all exhibits attached thereto 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 its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. SIEMENS INDUSTRY, INC., Page D-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 2012. Name of Contractor (Principal Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED SIEMENS INDUSTRY, INC., Page D-2 :Terk 11011 WHEREAS, the City of Newport Beach, State of California, has awarded to SIEMENS INDUSTRY, INC., hereinafter designated as the "Principal," an Agreement for the Maintenance and Repair Services for the City traffic signal system, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any Work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty Thousand Dollars and 001100 ($280,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such Work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such Work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as SIEMENS INDUSTRY, INC., Page E-1 EXHIBIT E to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 2012. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED SIEMENS INDUSTRY, INC., Page E-2