HomeMy WebLinkAboutC-8554-1 - M/RSA for Traffic Signal Maintenance ServicesCITY OF NEWPORT ECH
STOP PAYMENT NOTICE RECEIVED BY
(California Civil Code Section 8044) MAI 12
NOTICE TO: CITY OF NEWPORT BEACH
3300 NEWPORT BLVD NEWPORT BEACH OFFICE OF THE
CITY ATTORNEY
(If Private Job -file with responsible officer or person at office or
branch of construction lender administering the construction funds or
with the owner -CIVIL CODE SECTIONS 8500-8560)
(If Public Job -file with office of controller, auditor or other public
disbursing officer whose duty it is to make payments under provisions of
the contract -CIVIL CODE SECTIONS 9350-9510)
Direct Contractor: SIEMENS
Sub Contractor (If Any):
Owner or Public Body:
Improvement known as:
County of ORANGE
MOBILITY INC
CITY OF NEWPORT BEACH
11.50 IRVINE AVE
State of California.
Robertson's, Claimant, a Partnership, furnished certain labor service
equipment, or materials used in the above described work of improve-
ment. The name of the person or company to whom claimant furnished
service, equipment, or materials is: SIEMENS MOBILITY INC
The kind of
materials furnished or agreed to be furnished
by
claimant
was ready mix concrete, rock and/or sand materials.
Total value
of labor,service,materials to be furnished .....
$
642.25
Total value
of labor,service,materials actually furnished..$
642.25
Credit for
materials returned, if any ......................$
0.00
Amount paid
on account, if any .............................$
0.00
Amount due
after deducting all just credits and offsets ....
$
642.25
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 642.25 and in addition thereto sums sufficient to cover interest,
court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 8532) is/is not attached. (Bond required with
Stop Payment Notice served on construction lenders on private jcbs-bond not
required on public jobs or on Stop Payment Notice served on owner on
private job) .
Name and address of Claimant:
ROBERTSON'S, P.O. Box 3600, Corona, Ca,e*��Q2878 (951)685-2200
Dated: 04/23/21
0
thorized. Agent
VERIFICATION
I, the undersigned, state: I am the agent of the claimant named in the
foregoing Stop Payment Notice; I have read said claim of Stop Payment
Notice and know the contents thereof, and I certify that the same is true
of my knowledge. I certify (or declare) under penalty of perjury under the
laws of the State of California hat the foregoing is true and correct.
Executed on 04/23/21 at Cod na, State,Qf California.
Signature of Claimant/Agent
S-8,Cl [q / I Lo I ZZ>_7
STOP PAYMENT NOTICE - PROOF OF SERVICE
The undersigned declares as follows: I am over the age of 18, and
employed by Robertson's, whose business address is 200 South Main Steet,
Suite 200, Corona, California 92882. I am employed in the County of
Riverside, where this mailing occurs, and not a party to this action.
On the da=te shown below, in the City of Corona, I served the within Stop
Payment Notice, sealed in an envelope and deposited in the mail in the
manner prescribed by law, by first class registered or certified mail,
pof tie fully prepaid., to the person(s) at the addresses shown thereon.
" /2,6
Date
CITY CLERK
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SIEMENS INDUSTRY, INC. FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 1st day of July, 2018 ("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
2250 Business Way, Riverside, CA 92501, 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 maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on July 1, 2018 ("Effective Date"),
and shall terminate on June 30, 2019 ("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 (each a
"Renewal Term"), unless terminated earlier as set forth herein. In any event, the term of
the Agreement, including the Original Term and any Renewal Terms shall not extend
beyond June 30, 2023 without a written amendment to this Agreement.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to 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 community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
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. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner 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 within two (2) calendar days of the occurrence causing the delay to the
other party 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 herein, 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. COMPENSATION TO CONTRACTOR
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 Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00) for the
Original Term and for each Renewal Term (each twelve (12) month period from July 1
through June 30, commencing with the Effective Date), for a total not to exceed amount
of Two Million Five Hundred Thousand Dollars and 00/100 ($2,500,000.00), without
prior written amendment to the Agreement.
Siemens Industry, Inc. Page 2
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services 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) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
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 Steven Teal to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
Siemens Industry, Inc. Page 3
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 that 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. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 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.
8.2 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 community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. 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, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 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.
8.4 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, acts of God, or the failure of City to furnish timely information or to
Siemens Industry, Inc. Page 4
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 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 and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (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, attorneys'
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).
9.4 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 attorneys' 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 Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
Siemens Industry, Inc. Page 5
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.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of 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 expressed 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 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.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's 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.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator 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.
Siemens Industry, Inc. Page 6
14. 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 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.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: (1) 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 (2) 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.
15.2 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.
15.3 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.
16. PREVAILING WAGES
16.1 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
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
Siemens Industry, Inc. Page 7
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.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. 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 twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
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 subcontractor. 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. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and 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.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, 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.
Siemens Industry, Inc. Page 8
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, 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.
21. 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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
Siemens Industry, Inc. Page 9
25. NOTICES
25.1 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,
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.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Steven Teal
Siemens Industry, Inc.
2250 Business Way
Riverside, CA 92501
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this 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.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
Siemens Industry, Inc. Page 10
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 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, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 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 seven (7) 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 reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 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.).
28.2 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.
28.3 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.
28.4 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 from loss or damage, including but not limited to attorneys'
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.
Siemens Industry, Inc. Page 11
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 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 agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 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, religious creed, color, national origin,
Siemens Industry, Inc. Page 12
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) 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 13
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:
.ice 3`•► ..
Aaron C. Harp law S.iq.tb
City Attorney
ATTEST: q
Date: ;k.)v
:'y:%
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: qvxzi�j_
Marshall "Duffy"'—Duffield"
Mayor
CONTRACTOR: Siemens Industry,
Inc., a Delaware corporation
Date:
Signed in Counterpart
Steven -M: Feat --
.Di -rector- Gf--Sef-visc
Date:
Signed in Counterpart
By:
Cog--Debeuoise
CbTrTm feia4--MaPagPQr
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
�CAUFd�
— Labor and Materials Payment Bond
Exhibit E
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: qvxzi�j_
Marshall "Duffy"'—Duffield"
Mayor
CONTRACTOR: Siemens Industry,
Inc., a Delaware corporation
Date:
Signed in Counterpart
Steven -M: Feat --
.Di -rector- Gf--Sef-visc
Date:
Signed in Counterpart
By:
Cog--Debeuoise
CbTrTm feia4--MaPagPQr
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
Siemens Industry, Inc. Page 14
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:
By: "
Aaron C. Harp KAW 5 -11A -t4
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: Siemens Industry,
Inc., a D aware corporation
Date: a_ o r 8'
By: Nt�
Marcus Welz
VP - ITS
Date: -?-0/ R
avid Buch ehrer
Senior Director, FBA - ITS
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
Siemens Industry, Inc. Page 14
DELEGATION OF APPROVAL AUTHORITY FROM
PRESIDENT MARC BUNCHER AND VICE PRESIDENT FINANCE & BUSINESS
ADMINISTRATION MARSHA SMITH
Mobility Management
Urban Transport / Mainline Transport
Intelligent Traffic Systems
Rail Electrification
Customer Services
SIEMENS INDUSTRY, INC. — MOBILITY DIVISION
A. The undersigned Marc Buncher, President and Marsha Smith, Vice President, Finance and
Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation"), a
corporation duly organized and existing under the laws of the State of Delaware, by virtue of the
authority vested as President and Vice President Finance & Business Administration to sign or
countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects,
contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith
to the extent the foregoing instruments and are consistent with the limits of authority granted under
LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and
acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10
million.
AUTHORIZED SIGNATORIES
Business Operations
Name/Position
Finance/Central Support Function
Name/Position
John Paljug
VP — MM
Stefan Heckrath
Senior Director, FBA — MM
Michael Cahill
VP — RS
Christopher Halleus
Senior Director, FBA — RS
Robin Stimson
VP — RS MK&S
James Thornton
Head of Procurement — MO
Chris Maynard
VP — CS
Michael Tyler
Senior Director, FBA — CS
Andreas Thon
VP — TPE
Miriam Scheer
FBA — TPE
Armin Kick
VP — LM & HI
Madeline Rodriguez
Director, FBA — LM
Marcus Welz
VP — ITS
David Buchfuehrer
Senior Director, FBA — ITS
B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign
and otherwise execute in the name or on behalf of the Corporation the same documents as
referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation
extends to but is limited to the same scope, documents and subject matter as referenced and granted
in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
Name/Position
Finance/Central Support Function
Name/Position
Douglas Dreisbach
Director, Projects — MM
Nick D'Alessandro
Controller, Products & Freight Engineering
MM
Stephan Klein,
Jessica Shaiegan
Senior Project Director — MM
Director, Procurement — MM
Steve Gitkin
Valerie Conway
Sales Director - ITS
Senior Director, RS SPR
David Gutierrez
Thomas Wiechert
Director, RS LR
Director, RS LR
Luis Tondi Resta
Stefan Fischer
Director, Products — MM
Finance Manager, MM
Director, RS BG
Angel Acuna-Siles
Mark Bennett
Director, FBA Projects — MM
VP, Operations RS
Matthew Rumbold
Raymond Ginnell
Manager, Procurement — CS
C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign
and otherwise execute in the name, or on behalf of the Corporation, the same documents as
referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation
extends to but is limited to the same scope, documents and subject matter as referenced and granted
in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
Finance/Central Support Function
Name/Position
Name/Position
Tony Ritter
Nikki Bassi
Director, CS
Director, RS
Reiner Martin
Cathie Steele
Director, CS
Director, CS LR & MM
Omid Akbarzadeh-Paydar
Kelly Storin
Director, RS BG
Segment Controller, BG
Mark Bennett
Carrie Hernandez
VP, Operations RS
Director, RS SPR
Raymond Ginnell
Kim Swain
General Project Manager RS CRC
Segment Controller, RS CRC
David Hart
Michelle Picard
Manager, TPE
Director, RS
Cesar Losada
Matthaeus Decker
Director, CS
Mana er, RS SPR
Dimitrios Andrikos
Craig Debevoise
Director, Bid & Project Management — ITS
Projects Commercial, ITS
Steffen Goeller
David Anderson
Head of Business Development, TPE
Project Procurement Manager, TPE
Simon Davidoff
Rudolf Wagner
Director, Data Services — CS
Performance Controlling, MO
Steve Teal
Warren Openshaw
Director, ITS Service
Director, Operations BA, RS
Jeb A. Echols
Manager, Project Estimating — MM
2
D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign
and otherwise execute in the name, or on behalf of the Corporation, the same documents as
referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation
extends to but is limited to the same scope, documents and subject matter as referenced and granted
in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
Finance/Central Support Function
Name/Position
Name/Position
Paul Eliea,
Tommy Charurat
Director, MM
Director, Performance Controlling
RS
David Costello,
Gisela Kaufmann
Director, MM
Controller, MM
Dave Jeanette
Constanze Kutschki
Manager, MM
Manager, RS SPR
Jim Lyons
Ronald Staggs
Sr. Manager, MM
Commercial Project Manager, RS LR
Jeff Balogh
Mary Matos
Sr. Director, MM
Commercial Project Manager, RS LR
George Long
Stephanie Bartz
V, Engineering RS
Commercial Project Manager, RS LR
Robert Martner
Christine Jaw
Senior Project Manager, RS LM
Commercial Project Manager, CS
Jeffrey Curran
Kavita Patel
Project Manager, RS LR
Commercial Project Manager, CS
Duane Kopp
Christopher Smith
Project Manager, CS
Commercial Project Manager, RS LR
Ron VanHuuksloot
Adam Huey
Project Manager, RS LR
Commercial Project Manager, RS LM
Thomas Stehlik
Thomas Koprowski
Project Manager, RS LR
Commercial Project Manager, RS BG
Viorel Aninoiu
Amy Morrison
Project Manager, RS LR
Commercial Project Manager, TPE
Carsten Nebe
David Spence
Project Manager, RS LR
Commercial Project Manager, ITS
Mark Anderson
Sabine Andrikos
Project Manager, CS
Commercial Service Manager, ITS
Aaldrik Metting
Natalie Liggett
Project Manager, RS LR
Sr. Commercial Project Manager, MM
Jochen Woern
Solomon Lee
Project Manager, CS
Commercial Project Manager, MM
Chander Khanna,
David Sarles
Sr. Director, Manufacturing Processes
Procurement Commodity Manager, MM
RS
Paul Aichholzer
Stuart Adler
Director, Projects, RS LM
Pro'ect Procurement Manager, MM
Ibrahim Kalender
Joel Nielsen
Project Manager, RS BG
Commercial Project Manager, RS LR
Barry Sidler
Carlijn Goldberg
Program Manager, CS
Commercial Project Manager, RS BG
Christopher Romeo
James Hryniewicz
Operations Manager, ITS
Commercial Bid Manager, TPE
Luis Correia
Daria Lesnykh
Project Manager, CS
Commercial Project Manager, CS
Michael Hutchens
Donna Lam
Operations Manager, ITS
Commercial Project Manager, RS CRC
William Tucker
Noureann Mitchell
Operations Manager, ITS
Procurement Project Manager, ITS
Christopher Mcelroy
Rosa Baquero
Service Account Manager, ITS
Commercial Project Manager,
Field Services RS
Gerhard Leitner
Sarah Jenik
Field Engineering Management, CS
Commercial Support, CS
Ivan Bukin
_
David Michna
Project Manager, CS
Commercial Project Manager, CS
Kevin McGrew
Peter Silberhorn
Director, Quality RS
Sr. Commercial Project Manager, RS LR
Goutham Lingannagari
Lars Volger
Senior Manager Projects, ITS
Commercial Project Manager, MM
David Scott
Tien Pham
Branch Manager, ITS
Commercial Project Manager, CS
Jamil Nasr
Bova Lee
Director, MM
Commercial Project Manager, Freight — MM
-Engineering
Ben Linden
Liam Nelson
Senior Director Carborne Engineering,
Commercial Project Manager, TPE
MM
David Mortimer
Marcin Szczapa
Project Manager, TPE
Commercial Project Manager, CS
Christopher Hammett
Clive Lepper
Project Manager, TPE
Commercial Project Manager, RS LR
Joshua Cardin
Martin Bartz
Project Manager, TPE
Sr. Commercial Project Manager, RS LM
Abhinav Mitra
Project Manager, TPE
Shailesh Malgaonker
Director of Operations, TPE
Matthew Thomas
Project Manager, CS
Mason Boswell
Project Manager, RS LR
Stefan Lauer
Project Manager, TPE
Mark Godsey
Project Manager, TPE
Shawn McCuaig
Director, Field Services RS
Gary Kochetkov
Project Manager, CS
Evgeny Inozemtsev
Project Manager, RS BG
Francois -Xavier Beau
Project Director, MM
Jacob Street
Project Manager, MM
Michael Carlo
Project Manager, RS LR
_
Melissa Muehl
Project Manager, CS
Benjamin Kotze
Head of Engineering, TPE
Rolf Neuhaus
Project Manager, RS CRC
E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign
and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are
referenced in paragraph A, up to and including a transactional limit of $250 thousand. 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
Name/Position
Finance/Central Support Function
Name/Position
Diana Johnson
Bid Manager, ITS
Claudia Thiele
Commercial Project Manager, ITS
John Billings
Bid Manager, ITS
Cole Walker
Financial Analyst, TPE
David Love
Sales Manager, ITS
F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B,
C, D, and E are binding upon the Corporation.
G. It is further acknowledged that any document shall require the signature of two (2) of the above
Authorized Signatories, one each from Business Operations and from Finance/Central Support
Functions, whom shall have the requisite signature authority to be legally binding upon the
Corporation.
H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such
person's authority hereunder to additional members of his or her management team up to the limit of
such person's delegation of authority, provided that such delegation is in written form signed by the
delegator and filed with the Legal Department.
I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is
authorized to issue certifications attesting to the incumbency, authority and status of any of the
persons referred to in this resolution.
IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the
said Corporation, as of the 22nd day of January, 2018.
n
411
Marc Bun her'
President,
Siemens Industry, Inc.
Mobility Division �—
/
Marsha Smith
Vice President, Finance and Business Administration
Siemens Industry, Inc.
Mobility Division
5
EXHIBIT A
SCOPE OF SERVICES
Siemens Industry, Inc. Page A-1
SCOPE OF SERVICES
Contractor shall provide the Services consistent with the provisions of the Agreement and as
set forth below:
SECTION I: GENERAL
A. QUALIFICATIONS
Contractor 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 identified herein in a manner commensurate with community
professional standards and with the ordinary degree of skill and care that would be used by
other reasonably competent practitioners of the same discipline under similar circumstances.
All signal work shall be performed in accordance with the latest editions of the State of
California, Department of Transportation Standard Plans and Section 86 of the Standard
Specifications, "Greenbook" Standard Specifications for Public Works Construction,
International Municipal Signal Association ("IMSA"), and the current City of Newport Beach
("City") Standard Plans and Traffic Signal Specification Supplemental.
Contractor shall make available to City at least one full-time Transportation Systems
Electrician. This representative shall be certified as a Level II (minimum) Traffic Signal
Technician by the IMSA, and certified by the State of California. Contractor shall provide, upon
execution of the Agreement, certifications for all Transportation Systems Technicians that will
be, or may be, assigned to work within the City.
Contractor 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:
• Econolite Cobalt NEMA controller (at least two);
• Econolite ASC /3-2100 NEMA controllers (at least two); and
• Safetran ASC/3 RackMount controllers (at least one).
Contractor 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.
Contractor shall retain a local telephone number where they can be reached twenty-four
(24) hours for items deemed necessary by the City for immediate response and repair. This
telephone number shall be made available to all persons designated by City.
Contractor 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 Federal holidays
shall be paid according to State of California labor laws and consistent with the rates
established by Contractor according to the Agreement with City.
B. RESPONSE
At Contractor's expense, Contractor shall utilize and maintain mobile communications
between City and Contractor.
Contractor shall respond immediately to emergency calls when authorized by City, and
dispatch qualified personnel and equipment to reach the site within thirty (30) minutes. In all
other circumstances, Contractor shall respond within sixty (60) minutes, unless otherwise
authorized by City. Replacement of burned -out vehicle indications, if there are at least two (2)
indications still operative for each direction of travel, and internally illuminated street name sign
lamp need not be on an emergency basis. Such replacement shall be handled as soon as
possible in a routine manner within a forty-eight (48) hour period.
Contractor's qualified personnel and service truck shall be equipped with proper tools
and materials to respond to the call prior to prior to being dispatched.
C. RECORDS
1. Each Intersection: At each intersection, Contractor shall maintain a permanent
record of service information for the intersection equipment including, but not limited to, vehicle
and pedestrian timing, detectors, cabinet wiring, interconnect equipment, pre-emptive control,
and other control and communication equipment. Contractor shall maintain a separate record
at each intersection detailing monthly maintenance and repairs of controller and related
equipment. Records shall be written in English and legible.
2. Office Records: Contractor shall maintain a complete record of all laboratory
repairs to controllers showing all parts or components repaired or replaced including serial
numbers and item description. Each service truck 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 City by the fifteenth of each month. The report shall include a complete record of
all work performed on 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) and estimated date of final repairs;
• Source of the request for service;
• Name of the technician(s) performing the service; and
• Number of hours spent for each service.
2
With each monthly invoice, Contractor shall provide a monthly status report of open or
incomplete work orders. This shall include any work that has been identified, including, but not
limited to, pending and/or 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; and
• Estimated date when the service will be completed.
At City's discretion, City may request a meeting to review the activities of Contractor.
D. NEW INSTALLATIONS
Contractor shall maintain any additional traffic signals and appurtenant devices as they
are installed or become a part of the maintenance requirements of 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 from the day Contractor is notified. City shall
notify Contractor in writing of the new device(s) to be maintained at the time they are accepted
by City and ready for maintenance.
E. TRAFFIC SIGNAL CONTROL EQUIPMENT
Contractor 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 City.
Whenever equipment is replaced or removed from the controller cabinet, 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 City.
Contractor agrees to notify the Project Administrator a minimum of one (1) week in
advance of any planned signal turn-off or turn -on. At City's discretion, Dynamic Message Sign
("DMS") may be placed in advance of planned outage and planned signal work may be
scheduled for evening hours. A police officer's presence may be required prior to said turn-off
or turn -on.
F. WARRANTY SERVICE
During the period of warranty for new equipment installations, Contractor shall
coordinate between the manufacturer, installer, and City regarding any warranty service.
Contractor shall notify City of any delays in response by the manufacturer or installer and
details of each incident.
3
G. TRAFFIC CONTROL
Contractor shall provide and maintain traffic control in conformance with the latest
edition of the California Manual on Uniform Traffic Control Devices ("MUTCD"). All warning
lights, signs, flares, barricades, delineators, flashing arrow boards, detours and other devices
and facilities for the direction of public traffic shall be furnished and maintained by Contractor.
A minimum of one (1) ten -foot (10) wide travel lane in each direction shall remain open
on local and secondary roadways unless otherwise approved by City. On arterial roadways, a
minimum of two travel lanes in each direction shall remain open unless otherwise approved by
City. All existing left -turn pockets shall be maintained whenever feasible.
For non -emergency work, lane closures on arterial roadways shall be limited to 9:00
a.m. to 3:00 p.m. When authorized by City, during an emergency response, or when
determined necessary to safeguard the traveling public, arterial lane closures may occur
outside of 9:00 a.m. to 3:00 p.m.
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.
H. EMERGENCY RESPONSE
For the emergency repair of a signal, which is totally blacked out, the following
procedure of traffic control shall apply:
1. Contractor shall notify Project Administrator and police dispatch, and shall
dispatch qualified personnel and equipment to reach the site within thirty (30) minutes.
Contractor's vehicles shall carry necessary traffic control devices, which shall be used when
directing traffic during an emergency and/or when deemed necessary by the signal technician,
the Project Administrator, Newport Beach Police Department, or any City designated
representative(s). Contractor shall conform to the California MUTCD as dictated in the Section
I(G) of this scope of services.
2. Upon arrival, Contractor shall set up temporary STOP and STOP AHEAD
signs. If deemed necessary, Contractor shall set up more traffic warning and control devices,
and then proceed to repair the signal. After the signal is back in operation, Contractor shall
remove all temporary traffic control devices from the site. If the traffic control devices are
owned by City, Contractor shall stack them at the side of the road when no longer necessary.
3. If a Police Officer is at the site when Contractor arrives, Contractor shall
quickly examine the signal, evaluate the situation, and discuss it with the police officer. At the
police officer's discretion, the officer may stay to continue to direct traffic while the Contractor
4
repairs the signal. At the request of the officer, or if the officer must leave the site, Contractor
shall immediately set up STOP and STOP AHEAD signs along with all other necessary
warning devices.
SECTION II:
ROUTINE MAINTENANCE
Contractor shall provide a program of continuing comprehensive routine maintenance
designed to prevent or reduce the incidence of malfunctions, promote the safety of the
motoring public, reduce traffic congestion, and extend the useful life of the equipment. All work
listed below shall be included in the pricing per each intersection for routine maintenance. Any
item that shall be repaired or replaced, above what is specified, may be considered
extraordinary maintenance as specified in Section III hereof.
In carrying out the tasks described as routine maintenance, Contractor shall promptly
notify City of any conditions of the traffic signal equipment that present a hazard to the public,
or affect the signal timing or coordination.
In addition to maintenance items listed below as routine, Contractor shall make the
following minor repairs if discovered during the routine maintenance:
• Replace malfunctioning pedestrian/bicycle push button;
• Replace missing pedestrian/bicycle push button plate;
• Replace missing pole access covers;
• Attend to exposed wiring,
• Replace malfunctioning pedestrian indication;
• Adjust controller timing when inconsistent with timing plan or special timing plan;
and
• Replace malfunctioning vehicle indication.
Spare parts needed to make repairs listed above shall be on maintenance vehicles
used for routine maintenance. Replaced materials shall be billed at prices detailed in Exhibit B
to this Agreement. Time and equipment usage for these repairs shall be considered part of the
Routine Maintenance.
The program shall include, but not be limited to, the following.-
A.
ollowing:
A. MONTHLY MAINTENANCE
A monthly inspection of each signalized intersection at which time the following tasks
will be completed:
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 and stickers. Tighten all electrical connections and check all fiber
optic and ethernet connections. Inspect/protect all related facilities for/from ant, bug,
5
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
shall 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) and all red intervals on all phases by stopwatch
per the timing sheet;
4. Check timing of pedestrian Walk and flashing Don't Walk intervals on all phases by
stopwatch per the timing sheet;
5. Check and set, if necessary, the controller's digital time clock to National Bureau of
Standards time;
6. Check detector units and systems including but not limited to inductive loops, video
cameras, radar detection, and pedestrian/bicycle push buttons for correct detection
of both vehicles, bicycles 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/bicycle buttons as needed;
7. Visually inspect the signal malfunction management unit or conflict monitor for
correct operation;
8. 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;
9. 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, pedestrian 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 eighty percent (80%) depletion curve shall be replaced. All traffic head and
pedestrian heads found to be out of alignment shall be properly aligned and secured.
Check all traffic signal indication visibility at approach distances, remedy, or report
visibility deficiencies to City immediately. Missing signs, including pedestrian and
bicycle 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,
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 shall be coordinated with the City and subject
to its approval. Contractor shall verify the grounds and connections of the copper
Cel
twisted pairs at those locations using this communication system. Contractor shall
test and make any repairs or adjustments. Contractor shall notify City of any needed
repairs to the fiber optic splices which shall be extra work. City reserves the right to
contract this work out to others. Contractor may be required to provide assistance to
City or other firms selected by City to trouble -shoot fiber optic and ethernet
connections as requested;
11. Inspect battery backup systems, if equipped, battery post corrosion, correct battery
voltage, loose terminals, and tripped "tattle tails";
12. Inspect operation of the flashing crosswalk at Coast Highway at Orchid Avenue and
notify City if any repairs or replacement of lights including in -ground flashing
pedestrian lights are needed;
13. Inspect operation of pedestrian signal at Bayside Drive at Pedestrian Signal;
14. Inspect operation and check timing of Rectangular Rapid Flashing Beacon ("RRFB")
at the following locations:
• Eastbluff Drive between Alba Street and Vista Del Oro;
• Irvine Avenue at Margaret Drive;
• Via Lido at Via Oporto,
• Westcliff Drive at Buckingham Lane; and
• Westcliff Drive at Rutland Road.
15. Check and notify City of faded or vandalized signs on traffic signal pole or mast -arm.
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. Contractor shall maintain a master spreadsheet showing the
installation date of all BBS batteries by location, battery manufacturer, and the
warranty expiration date. Contractor shall notify 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 City. "Exploded" or cracked
batteries shall be replaced immediately. Contractor may be deemed responsible for
the cost of the replacement if City determines that the batteries have not been
properly inspected, maintained, or were damaged due to improper installation by the
Contractor.
iA
2. Cabinet door locks and pad locks shall be lubricated with graphite lubricant or
equivalent, and maintained in working order. Any missing or damaged locks shall be
reported to City in a timely manner.
C. SIX MONTH MAINTENANCE
1. Flashing Beacons and Electronic Radar Speed Feedback Signs: Contractor shall
perform maintenance inspection or repair of flashing beacons and electronic radar
feedback signs as directed by City.
Flashing Beacons
• Balboa Boulevard at 38th Street;
• Eastbound Bayside Drive between EI Paseo and Bayside Place;
• Southbound Cameo Shores Road north of Camden Drive;
• Northbound Irvine Ave south of Dover Drive at Fire Station 6;
• Northbound Irvine Avenue south of Mariners Drive;
• Southbound Irvine Ave south of Santa Isabel Avenue;
• Southbound Newport Coast Drive north of Provence; and
• Westbound San Joaquin Hills Road between Spyglass Hill Road and
Marguerite Avenue.
Electronic Radar Speed Feedback Signs
• Eastbound Bayside Drive west of Harbor Island Road;
• Westbound Bayside Drive west of Promontory Drive East; and
• Westbound Coast Highway east of Cameo Highlands Drive.
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 Time,
and shut -down periods; and
• 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 and billed as extraordinary
maintenance.
2. Perform a night drive throughout within the City limits noting any malfunctioning
equipment, including, but not limited to, photocells, internally illuminated street name
sign ("IISNS") lamps, vehicle indications, pedestrian indications, and safety lighting.
The list of malfunctioning equipment shall be submitted to City within ten (10)
working days from the completion of the night drive. The list shall by approved by
City prior to repair/replacement of the equipment. A separate list of malfunctioning
safety lights shall also be tracked and submitted to City. The night drive shall be
scheduled with City prior to commencement.
3. Air Filters: Contractor 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.
4. Traffic Signal Controller Software: Contractor shall verify and update records of
current software or firmware for the Econolite Cobalt and ASC/3 controllers. This
includes the spare controllers that Contractor maintains for emergency replacement
of failed controllers. All updates of controllers shall be confirmed and coordinated
with City.
D. ANNUAL MAINTENANCE (12 MONTHS)
1. Battery Back -Up System: The traffic signal battery back-up system shall be checked
by electrical bypass for appropriate operation per the manufacturer's specifications.
Contractor shall coordinate with City for the schedule prior commencement of work.
2. Conflict Monitor / Malfunction Management Unit ("MMU"): Conflict Monitors shall be
tested once per calendar year using the ATSI PCMT 8000 or equivalent conflict
monitor tester. MMU shall be tested once per calendar year per the manufacturer's
specification. Contractor shall create a report for each test conducted. A
replacement conflict monitor or MMU, of same make and model, shall be furnished
by Contractor 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
MMU that does not pass the test shall be repaired or replaced and billed as
Extraordinary Maintenance.
3. Video Detection Camera: The video detection camera lenses at the following eight
(8) intersections shall be cleaned per the manufacturer's specification:
• Avocado Avenue at Civic Center Drive (four cameras);
• Balboa Boulevard at 32nd Street (one camera);
• Bison Ave at Bayswater (one camera);
• Jamboree Road at Bristol Street North (two cameras);
• Jamboree Road at Bristol Street South (three cameras),
• MacArthur Boulevard at Bonita Canyon Drive (two cameras),
• MacArthur Boulevard at San Joaquin Hills Road (four cameras), and
• San Miguel Drive at Port SuttonNacht Coquette (four cameras).
I
In addition, the camera's alignment shall be checked and adjusted to obtain the
proper sight level.
4. Emergency Vehicle Pre-emption (EVP): Optical detector lenses shall be cleaned
per the manufacturer's specification at all signalized intersection throughout the
City's limit, including signals operated and maintained by Cal -Trans.
5. CCN Cameras: The CCTV camera housing and lens at the following 49
intersections shall be cleaned per the manufacturer's specifications:
• Balboa Boulevard at Main Street;
• Balboa Boulevard at 15th Street;
• Balboa Boulevard at 21 st Street;
• Balboa Boulevard at 23rd Street;
• Balboa Boulevard at 32nd Street;
• Balboa Boulevard at River Avenue;
• Birch Street at Bristol Street South,
• Bonita Canyon Drive at Prairie Road;
• Campus Drive at Bristol Street North;
• Campus Drive at Dove Street;
• Coast Highway at Jamboree Road;
• Coast Highway at MacArthur Boulevard;
• Coast Highway at Goldenrod Avenue;
• Coast Highway at Marguerite Avenue;
• Coast Highway at Poppy Avenue;
• Coast Highway at Newport Coast Drive;
• Dover Drive at Cliff Drive;
• Irvine Avenue at Westcliff Drive;
• Irvine Avenue at Dover Drive;
• Irvine Avenue at Santiago Drive;
• Irvine Avenue at Mesa Drive;
• Jamboree Road at Bayside Drive;
• Jamboree Road at Back Bay Drive;
• Jamboree Road at San Joaquin Hills Road;
• Jamboree Road at Ford Road;
• Jamboree Road at Bison Avenue;
• Jamboree Road at University Drive;
• Jamboree Road at Bristol Street South;
• Jamboree Road at MacArthur Boulevard;
• MacArthur Boulevard at San Miguel Drive;
• MacArthur Boulevard at San Joaquin Hills Road;
• MacArthur Boulevard at Bonita Canyon Drive;
• MacArthur Boulevard at Bison Avenue,
• MacArthur Boulevard at Birch Street,
10
• Newport Boulevard at 28th Street;
• Newport Boulevard at 30th Street;
• Newport Boulevard at 32nd Street;
• Newport Boulevard at Via Lido;
• Newport Center Drive at Newport Center Drive East-West;
• Newport Center Drive at San Miguel Drive;
• Newport Center Drive at Santa Barbara Drive;
• Newport Coast Drive at Sage Hill;
• Newport Coast Drive at Ridge Park Road;
• Newport Coast Drive at San Joaquin Hills Road;
• San Joaquin Hills Road at Marguerite Avenue;
• San Joaquin Hills Road at San Miguel Drive;
• San Miguel Drive at Pacific View Drive;
• San Miguel Drive at Spyglass Hill Road; and
• Superior Avenue at Placentia Avenue.
E. COMPENSATION FOR ROUTINE MAINTENANCE
Contractor shall invoice City monthly for routine maintenance at the itemized price per
signalized intersection, as detailed in Exhibit B to this Agreement, which shall include labor,
materials, equipment, overhead, and profit. City reserves the right to inspect Contractor's work
and withhold monthly payments for work not performed per routine maintenance as outlined in
this section.
SECTION III:
EXTRAORDINARY MAINTENANCE SERVICES AS PRE -AUTHORIZED
BY PROJECT ADMINISTRATOR PER RATES IN EXHIBIT B
Contractor shall provide maintenance beyond routine maintenance, as defined and
described in this Section III as extraordinary maintenance.
A. DEFINITION
Extraordinary maintenance of the City's traffic signal equipment and systems shall be
pre -authorized by City's Project Administrator and shall include, but not be limited to, the
following. -
1 .
ollowing:
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/Replacement of safety lighting at signalized intersections;
4. Repair/Replacement of internally illuminated street name signs lamps;
5. Replacement of vehicle/pedestrian indications;
6. Replacement of batteries for battery back-up systems,
7. Minor upgrading or installations as directed by City;
8. Repair/Replacement of loop detectors, DLCs, or conduit as required;
9. Repainting of signal equipment as directed by City;
10. Maintenance of warning devices (i.e. flashing beacons);
11. Maintenance of sign bridge lighting;
12. Installation of regulatory or warning signs on signal mast -arm, standard, or sign
bridge;
13. Interconnect (Copper and Fiber Optic) installation, repair, terminations, and testing of
same (excludes monthly testing); and
14. Replacement when equipment becomes obsolete or deteriorates beyond repair.
B. NOTIFICATION
Contractor shall contact City regarding any extraordinary maintenance work and seek
approval before the work is performed. Contractor shall notify City by telephone at least four
(4) hours in advance of any work is commenced, except in emergencies or when determined
as a public safety concern that requires prompt response, in such case City's Project
Administrator shall be notified as soon as possible.
C. COMPENSATION FOR EXTRAORDINARY MAINTENANCE
Contractor shall submit to City itemized invoices detailing any extraordinary
maintenance performed the preceding month per Section 4.3 of the Agreement:
1. Materials: City shall pay Contractor for materials used in extraordinary
maintenance of traffic signals and appurtenances per intersection. City has the right to inspect
the Contractor's records to verify any material costs used in extraordinary maintenance,
2. Direct Labor: Invoices for extraordinary maintenance shall include a
record of hours spent per intersection. City shall pay Contractor for such hours at the rates
specified in Exhibit B to this Agreement; and
3. Equipment: Compensation for equipment used shall be per hour basis as
specified in Exhibit B to this Agreement. No additional payments of any kind shall be paid for
the equipment, except as specified in this scope of work for the hourly rates listed. No
additional compensation shall be paid for transporting the equipment to or from the job site.
D. REPAIR AND REPLACEMENT
Contractor shall replace or repair any and all defective parts of the signal system which
cause signal failure or malfunctions, 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 (consistent with the
attachment to this scope), and wiring system.
12
Contractor shall provide City an equipment tracking log for equipment removed from the
cabinet for repair. This 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 included with the monthly invoice as a line
item status of all removed equipment.
Contractor shall supply 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 LIGHTING
Contractor shall furnish and replace all vehicle LED indications on an "as needed" basis
for signals and warning flashers. All LED vehicle indications shall be certified by the Caltrans
and ITE. City will accept Dialight, GE, or Leotek brand LED vehicle indications (or City
approved equal). Contractor shall honor all existing low or nonfunctional LED for warranty
replacement. Any lens obstructed by dirt or debris shall be cleaned immediately.
Fluorescent IISNS 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.
LED IISNS shall be NuArt Edgelit (or approved equal). LED Driver and Light Engine
shall be replaced according to manufacture specifications.
IISNS panels shall be wiped clean of dirt and debris when the lamps are replaced.
Safety lighting shall only be repaired as approved by City.
Replacement of vehicle indications, IISNS and safety lighting components shall be
compensated at the rate detailed in Exhibit B to this Agreement.
F. LOOP DETECTOR REPLACEMENT
Contractor shall clean and fill deteriorated loop detector saw cuts with epoxy as
necessary. Once it is determined by City and Contractor 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 Exhibit B.
Traffic signal loop detectors shall be installed per the price detailed in Exhibit B to this
Agreement, and the attachments to this scope of services. Lead loop detector shall be
Modified Type E for bicycle detection and shall be placed immediately behind the crosswalk.
Exact location of loop detectors shall be approved by the City. 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. Contractor shall notify City of malfunctioning loop detectors, loop detectors
13
that require replacement and locations where the pavement surface has degraded to a point
that loops cannot be reinstalled.
G. PEDESTRIAN SIGNALS
Contractor shall replace Walkman/Hand pedestrian signal modules as they become
inoperative with Dialight, GE, or Leotek Type A LED (or approved equal) module with a plastic
housing and stainless steel hardware with bronze terminal compartments. LED Count -down
pedestrian indications shall be installed as replacements to existing count -down units.
Replacement of pedestrian indication modules and/or assemblies 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 detailed in Exhibit B to this Agreement.
H. REFINISHING OF SIGNAL EQUIPMENT
As directed by City, traffic signal equipment shall be repainted conforming to State
standards. Utility and signal controller 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. Special notification shall be provided regarding
rusting or water damage. Authorization for Contractor 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 Contractor within twenty-four (24) hours of the
observation or report and will be paid for under the terms of extraordinary maintenance.
I. TRAFFIC SIGNAL INTERCONNECT/COMMUNICATION SYSTEM
Contractor shall provide trained technicians/personnel in the field who have training in
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 of 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 City.
J. UNDERGROUND SERVICE ALERT
Contractor 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.
Contractor shall be responsible for equipping its technicians with the proper locating
14
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 City in a format adequate for its records.
In the event underground equipment is damaged by construction due to Contractor's
failure to properly mark the underground facilities per the records or reasonable effort using the
appropriate equipment as determined by City, costs for repairs shall be the sole responsibility
of Contractor for facilities that were not properly marked. It shall also be Contractor's
responsibility to contact requesting party in the event the scope of work is vague or incomplete.
Contractor shall mark out all traffic signal underground facilities within the time frames
required by USA. If Contractor does not mark out all traffic signal underground facilities within
the prescribed time periods, City may issue a written warning to the Contractor.
LIQUIDATED DAMAGES. The Parties agree that it is extremely difficult
and impractical to determine and fix the actual damages that City will
sustain should Contractor fail to mark out all traffic signal underground
facilities within the prescribed time periods required by USA as called for
in this Agreement. Should Contractor fail to mark out all traffic signal
underground facilities within the prescribed time periods required by USA
after first receiving three written warnings from City, Contractor agrees to
the deduction of liquidated damages in the sum of Five Hundred Dollars
and 00/100 ($500.00) per occurrence, for every additional failure to mark
out all traffic signal underground facilities within the prescribed time
periods required by USA. Execution of this Agreement shall constitute
agreement by the City and Contractor that the sum of Five Hundred
Dollars and 00/100 ($100.00) per occurrence, is the minimum value of
costs and actual damages caused by the failure of Contractor to mark out
all traffic signal underground facilities within the prescribed time periods
required by USA. All liquidated damages shall be paid within ten (10)
calendar days of City's written request for payment. Such sum is
liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor, or recovered from
Contractor, as applicable, if such delay occurs.
Contractor's response to all USA requests/notices relating to traffic signals and
interconnect shall be billed per unit price detailed in Exhibit B to this Agreement.
SECTION IV:
ADDITIONAL WORK
A. REQUEST FOR ADDITIONAL SERVICES
Upon written request from the Project Administrator as defined herein, Contractor shall
provide a letter proposal for additional Services ("Additional Services") requested by the City in
15
excess of those mentioned in Sections II and III hereof (hereinafter referred to as the "Letter
Proposal"). The Letter Proposal shall include the following:
1. A detailed description of the Additional Services to be provided;
2. The position of each person to be assigned to perform the Additional Services,
and the name of the individuals to be assigned, if available;
3. The estimated number of hours and cost to complete the Additional Services;
and
4. The time needed to finish the specific Additional Services.
No Additional Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal. Rates for labor and materials for
Additional Work shall be governed by those rates set forth in Exhibit B to this Agreement.
B. COMPENSATION FOR ADDITIONAL SERVICES
Consistent with Section 4.3 and Exhibit B of the Agreement, Contractor shall submit an
itemized invoice for the authorized Additional Services that shall include the following:
1. A list of all materials used in performance of the Additional Services, 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; and
3. A list of all equipment, including hours of usage, used for the Additional Services.
16
INTERNALLY ILLUMINATED STREET NAME SIGN
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ADOPTED
CR (ENGINES RCE 61527
DIR OF PU6L1 WORKS DATE
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
INTERNALLY ILLUMINATED
STANDARD DETAIL NO.
STREET NAME SIGN
916-A
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET I
17
LOOP DETECTORS
LIMIT LINE OR CROSSWALK
PER PLAN
r
/ LEGEND:
1-oX DETECTOR INPUT FOR THROUGH
PHASES
1-0Y DETECTOR INPUT FOR LEFT TURN
m PHASES
ISI OXB BICYCLE LOOP DETECTOR INPUT
0 0 0
I 0 CALTRANS TYPE E LOOP DETECTOR
3 -OX
LEFT TURN MODIFIED CALTRANS TYPE E LOOP
O LANE DETECTOR (LEAD LOOPS)
I
THROUGH CALTRANS TYPE D LOOP DETECTOR
LANES (3'x6')
BIKE LANE
0 � I
1-0Y I
/( I EDGE OF GUTTER
CURB FACE
001°
1 -OX I 2 -OX
NOTES:
1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 6' DIAMETER AND TYPE D LOOPS
SHALL BE 3'x6'.
2. LOOPS SHALL BE CENTERED IN THE LANE UNLESS OTHERWISE SHOWN. PLACE LEAD LOOPS
IMMEDIATELY IN ADVANCE OF LIMIT LINE OR CROSSWALK.
3. A MAXIMUM OF 4 LOOP DETECTORS SHALL BE ON 1 DETECTOR LEAD-IN CABLE (DLC).
4. SEE CITY STD -923 -L -B FOR CALTRANS MODIFIED TYPE E LOOP WINDING DETAIL.
5. LOOP WIRE SHALL BE TYPE 2. LOOP DETECTOR LEAD-IN CABLE (DLC) SHALL BE TYPE B.
6. LOOPS SHALL BE INSTALLED PER CALTRANS STANDARD PLAN ES -5A AND ES -5B.
7. LOOP SEALANT SHALL BE HOT -MELT RUBBERIZED ASPHALT SEALANT.
RECOdam.
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DM O P! @LIC M-5 _,ATE
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
LOOP DETECTORS
>rAIDAaD Ci_TAIL NO
923 -L-A
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
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(NOT TO SCALE)
nar
DlT D1, OF PUBLIC Y.IX1K5 a
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
LOOP DETECTORS
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
Start
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923 -L -B
19
SCHEDULE OF BILLING RATES
Siemens Industry, Inc. Page B-1
EXHIBIT B
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
SIEMENS INDUSTRY, INC.
E. Routine Maintenance (see Section II):
a. Each signalized intersection for monthly tasks (II)(A)
$ 68.00 Each
b. Each pedestrian signal, flashing crosswalk, and RRFB
for monthly tasks (II)(A)
$ 45.00 Each
C. Each signalized intersection for three month tasks (II)(B)
$ 3.50 Each
d. Each signalized intersection fo►• six month tasks (II)(C)
$ 8.50 Each
e. Each signalized intersection fo►• twelve month tasks (II)(D)
i. Each Battery Back-up System Test (per intersection) (II)(D)(1)
$10.00 Each
ii. Each Conflict Monitor/MMU Test (per intersection) (II)(D)(2)
$ 5_0.00 Each
iii. Video Detection Camera Cleaning (per intersection) (11)(D)(3)
$ 95.00 Each
iv. EVP Optical Detector Lens Cleaning (per intersection) (II)(D)(4)
$ 95.00 Each
v. CCTV Camera Cleaning (per intersection) (II)(D)(5)
$ 65.00 Each
2. Extraordinary Maintenance (see Section III):
(III)(D) a. Replacement of luminaire safety light lamp (per unit) $ 65.00 Each
b. Replacement of luminaire safety light ballast/driver (per unit) $105.00 Each
C. Replacement of internally illuminated
street name sign florescent lamps (per unit) $ 70.00 Each
d. Replacement of internally illuminated
street name sign florescent ballast/driver (per unit) $104.00 Each
t% Replacement of Edge -Lit LED internally illuminated
street name assembly (pe►• unit) 6' Sign: $ 2,550.00 Each
I: Replacement of internally illuminated street name 8' Sign: $ 2,875.00 Each
sign panel (Custom Panel See Exhibit B) (per unit)
Type A (6 -ft)
Type A (8 -ft)
Edge -Lit (6 -ft)
Edge -Lit (8 -ft)
$ 370.00 Each
$QQQ_ Each
$ 420.00 Each
$ 440.00 Each
(I11)(E)
g. Replacement of vehicle indication
12" Green Ball/Arrow $ 76.25
$ 76.25
Per Unit
12" Yellow Ball/Arrow $ 76.25
$76.2 - 5
Per Unit
12" Red Ball/Arrow $ 73.75
$ 75.00
Per Unit
8" Green Ball
$ 60.00
Per Unit
8" Yellow Ball
$ 62.00
Per Unit
8" Red Ball
$ 60.00
Per Unit
Programmable Visibility Indication
$135.00
Per Unit
3 -section 12" vehicle head assembly with LED
$ 800.00
Per Unit
4 -section 12" vehicle head assembly with LED
$ 900.00
Per Unit
5 -section 12" vehicle head assembly with LED
$ 999.00
Per Unit
Backplate for a 3 -section vehicle head
$125.00
Per Unit
Backplate for a 4 -section vehicle head
$ 135.00
Per Unit
Backplate for a 5 -section vehicle head
$ 150.00
Per Unit
(III)(F)
h, Replacement of standard Type "D" bicycle detector loop $ 460.00 Per Unit
i. Replacement of standard Type "E" detector loops,
including saw cut, lead-in cable splicing and epoxy emulsion.
(4 or Less) $ 450.00 Per Unit
(more than 4) $ 400.00 Per Unit
j. Replacement of standard Type "E Modified" detector loops,
including saw cut, lead-in cable splicing and epoxy emulsion.
(4 or Less) $ 460.00 Per Unit
(more than 4) $ 425.00 Per Unit
Replace pull box lid (Christy Fiberlite or approved equal)
(No. 3)
(No. 5)
(No. 6)
Replacement of Walk/Don't Walk pedestrian signal
to Type A LED module
Replacement of Walkman/Hand pedestrian signal
to Type A LED module
Replacement of Count -down Walkman/Hand pedestrian
signal to Count -down LED module
Replacement of Pedestrian and Bicycle push buttons
with ADA approved buttons and signs
$ 80.00
Per Unit
$115.00
Per Unit
$165.00
Per Unit
$150.00 Per Unit
$150.00 Per Unit
$145.00 Per Unit
$130.00 Per Unit
Refinish (paint per Section III) push button assemblies, pedestrian heads
and signal heads, including frameworks per signalized intersection,
excluding controller and electric service cabinets.
Pedestrian Head $ 95.00 Per Unit
3 -Section Signal Head $ 125.00 Per Unit
4 -Section Signal Head $ 200.00 Per Unit
5 -Section Signal Head $ 250.00 Per Unit
Bicycle/Pedestrian Push Button Assembly $ 80.00 Per Unit
q. Refinish (paint per Section II1) of traffic signal controller cabinet or utility cabinet
Signal Controller Cabinet $ 500.00 Per Unit
Type 2 Utility Cabinet $ 100.00 Per Unit
Type 3 Utility Cabinet $ 200.00 Per Unit
(III)(J)
F. Response to USA Callout / Marking; of Facilities
$ 200.00 Per Unit
Labor:
Re�;ttlar Time
Overtime
Doable Time
Per flour
Per Hour
Per Hour
Registered Civil Engineer
$155.00
$155.00
$155.00
Enoineerin�; Technician
$110.00
$137.00
$166,00
Traffic Sional Maintenance
Superintendent
$110.00
$110.00
$110.00
Transportation Systems Technician
$ 90.00
$110.00
$129,00
Transportation Systems Electrician
$102.00
$130.00
$155.00
Traffic Si -nal Laborer
$ 90.00
$132.00
$132.00
Traffic Signal Painter
$ 90,00
$132,00
$132.00
Interconnect / Communications
Specialist -Ethernet
$110.00
$137.00
$166.00
Fiber Optic Specialist
$ 98.00
$117.00
$140.00
t. Equipment:
Rate Per Hour
Pick -Up Truck
$20,00
Service Truck
$ 25.00
Service Boom Truck
$ 28.00
Water Truck
$ 20.00
Concrete Saw and Truck
$ 25.00
Air Compressor with Tools
$ 5.00
Crane
$ 55.00
it. Alternate Line Item I: «ciclitianul insurance coverer ge requirements
«% million per occurrence. 4 mullion general aggro gate (Gener«I Li(lhilitl') S0.00 ;l r
No Additional Charge
t,, Alternate Line Item 2: Aticliti«n«l insurance coverage requirements
a/' i million per ocrurrrence, 10nrilli«n gener«l ctg,�r•ei�ate. (General Li«bilir_1•) S 0.00 rr
No Additional Charge
3, Additional (On -Call) Services (see Section IV):
Rates are consistent with those listed above under Extraordinary Maintenance and shall be paid
consistent with a Letter Proposal accepted by the City.
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
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.
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.
3. Coverage Requirements.
A. 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.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. 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 five million dollars ($5,000,000) per
occurrence, ten million dollars ($10,000,000) general 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).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
Siemens Industry, Inc. Page C-1
covering bodily injury and property damage for all activities of 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 each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
Siemens Industry, Inc. Page C-2
C. 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.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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 Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements 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 agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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-3
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. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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.
G. 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.
H. 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.
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-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/15/18 Dept./Contact Received From: Raymund
Date Completed: 6/26/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: Siemans Industry, Inc. (Traffic Signal Contract)
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/17 — 10/1/18
A.
INSURANCE COMPANY: HDI Global Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
INSURANCE COMPANY: Travelers Property Casualty Company of America
C.
ADMITTED Company (Must be California Admitted):
B.
AM BEST RATING (A- : VII or greater) A++ / XV
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$10M + $5M Umb
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
® Yes
include): Is it included? (completed Operations status does
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
$2,000,000
COMPLETED OPERATIONS ENDORSEMENT (completed
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
N/A
its officers, officials, employees and volunteers): Is it
F.
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
HIRED AND NON -OWNED AUTO ONLY:
® N/A
is not limited solely by their negligence) Does endorsement
❑ No
I.
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/17 — 10/1/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A- : VII or greater) A++ / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1 M 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.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/l/17 -10/l/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
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) $1,000,000
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
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
App
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
6/26/18
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
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.
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 8246-63-62
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
maintenance and/or repair services, 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
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Five Hundred Thousand Dollars and 00/100 ($500,000.00), lawful money
of the United States of America, said sum being equal to 100% of the amount of the
annual Agreement price, payable by the City of Newport Beach under the terms of the
Agreement; 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 attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 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 9100 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
required by and in accordance with the provisions of Sections 9500 of seq. of the Civil
Code of the State of California.
Siemens Industry, Inc. T Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement 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 Agreement 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 1st day of July , 2018 ,
Siemens Industry, Inc.
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
20213 Halls Mill Road, Whitehouse Station, NJ 08889
Address of Surety
973-401-5000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11 wil
By:
aron C. Harp o �'6
City Attorney
Q' M • K 371 14Sa. 4 Gam-.+ /7161 61 / /J c_.TO
uthorized ' natureP itle
uthorize gent Signature
Jessica Iannotta, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWL.EDGMFNTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Siemens Industry, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of Gafi€efflie Te-AOLS
County of Tv—Ay i S I ss.
Ont 20 t $ before me, i C�l ate W c (k ti/t
Notary Public, ersonally appeared 1Jat-4i d Tau Gtn A,, itin ✓-e_y'
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
A 1
Signa
MICHELE WILKINSON
* *= MY COMMISSION EXPIRES
p" December30,2018
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document. 11
(seal)
State of eaftW4ja New Jersey
County of Morris }ss.
On July 1 20 18 before me, Kristin S. Bender
Notary Public, personally appeared Jessica iannoua
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aKe
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in Anis/herhtbir authorized capacity(ies), and that by tris/her/tbeix signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITN/SS my hanri,,-pnd official seal
Sign ure �+ KRISTIN S R
NOTARY PUBLIC -STATE OF NEW JERSEY
MY COMMISSION EXPIRES
APRIL 21,2021
Siemens Industry, Inc. Page D-3
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
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 Kristin S. Bender, Jessica lannotta, Annette M. Leuschner,
Marisol Mojica, Kelly O'Malley and April D. Perez of Morristown, New Jersey; Megan Schlueter of Raleigh, North Carolina ----------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 101 day of November, 2017.
Itivn NI(:Itlor(n.:l.,�tslant"iv,'fclarq
"
STATE OF NEW JERSEY
County of Hunterdon
"tephrn NI I kirwy. Vice Prudent
On this 101° day of November, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence.
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, udder the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact.
(3) Each of the Chairman, the ]'resident and the Vice ]'residents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments.
(5) The signature orally officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise orally such power or authority otherwise validly granted or vested."
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) 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. Treasuty Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at WMtehouse Station, NJ, this 1st Day of July, 2018.
�'v°�^"' � -- ``+'10"` lktv;n }Lt'hlcntr;. a� i�l:uu S�rrct:u•y
IN THE EVENTYOU W ISH'I.O NO'T'IFY US OF A CLAIM, VERIFY THE AUTHENTICITY OFTHIS BOND OR NO'T'IFY US OF ANY O'T'HER MA'T'ER, PLEASE COMI'ACT US A'I':
Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretyCeochubb.com
Form 15-10- 02258- U GEN CONSENT (rev. 12-16)
Notarial Seal qo�,
KATHERINE J. ADELAAR
OTA+y
NOTARY PUBLIC OF NEW JERSEY
r• a
No. 2318985
�PttgLtC+
Corn-ft61on EXP:res July 18, 2019 " Notary Public
J AgF
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, udder the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact.
(3) Each of the Chairman, the ]'resident and the Vice ]'residents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments.
(5) The signature orally officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise orally such power or authority otherwise validly granted or vested."
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) 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. Treasuty Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at WMtehouse Station, NJ, this 1st Day of July, 2018.
�'v°�^"' � -- ``+'10"` lktv;n }Lt'hlcntr;. a� i�l:uu S�rrct:u•y
IN THE EVENTYOU W ISH'I.O NO'T'IFY US OF A CLAIM, VERIFY THE AUTHENTICITY OFTHIS BOND OR NO'T'IFY US OF ANY O'T'HER MA'T'ER, PLEASE COMI'ACT US A'I':
Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretyCeochubb.com
Form 15-10- 02258- U GEN CONSENT (rev. 12-16)
Form 15-10-0313A (Rev. 3/18)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 2017
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments ................ $ (78,340) Outstanding Losses and Loss Expenses..... $ 10,545,326
United States Government, State and Unearned Premiums ..................................... 2,087,124
Municipal Bonds ......................................... 7,063,387 Ceded Reinsurance Premiums Payable....... 739,431
Other Bonds .................................................. 5,366,068 Provision for Reinsurance ............................ 57,140
Stocks........................................................... 134,041 Other Liabilities ............................................. 1,044,341
Other Invested Assets ................................... 1,006,599
TOTAL INVESTMENTS ............................... 13,491,755 TOTAL LIABILITIES .................................... 14,473,362
Investments in Affiliates:
Chubb Investment Holdings, Inc ................ 3,890,677 Capital Stock ................................................ 20,980
Great Northern Insurance Company .......... 557,388 Paid -In Surplus ............................................. 3,209,193
Vigilant Insurance Company ....................... 327,316 Unassigned Funds ....................................... 4,066,505
Chubb Indemnity Insurance Company....... 171,786
Chubb National Insurance Company......... 171,493
Chubb European Investment Holdings, SLIP. 119,836 SURPLUS TO POLICYHOLDERS .............. 7,296,678
Other Affiliates ............................................ 76,806
Premiums Receivable ................................... 1,594,780
Other Assets ................................................. 1,368,203
TOTAL ADMITTED ASSETS ...................... $ 21,770,040 TOTAL LIABILITIES AND SURPLUS.......... $ 21,770,040
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31, 2017, investments with a carrying value of $558,430,596 were deposited with government authorities
as required by law.
State, County & City of New York, — ss:
Dawn M. Chloros, Assistant Secretary of the Federal Insurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31, 2017 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, 2017.
Subscribed and sworn to before me
this March 1, 2018.
ppm. �9
JEANETTE SHIPSEY Assistant Secretary
Notary Public, State of New York
Notary Public No. 02SH5074142
Qualified in Nassau County
Commission Expires March 10, 2019
Form 15-10-0313A (Rev. 3/18)
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 8246-63-62
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,700.00 , being at the
rate of $ 3.40 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Siemens Industry, Inc. hereinafter designated as the "Principal," an agreement for Traffic
Signal Maintenance Services, 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 for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and Federal Insurance Company
, 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 Five
Hundred Thousand Dollars and 001100 ($500,000.00) lawful money of the United
States of America, said sum being equal to 100% of the 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 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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Siemens Industry, Inc. Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
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 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 1st day of July , 2018
Siemens Industry, Inc.
Name of Contractor (Principal)u�eQ Signa ure/Title
Federal Insurance Company
Name of Surety a Agent Signature
2026 Halls Mill Road, Whitehouse Slalion, NJ 08889
Address of Surety
973-401-5000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: fl,L4II19
By: 441,
Aaron C. Harp o�
City Attorney
Jessica Iannotta, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Siemens Industry, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of GeJifcrrM` a
County of TirGoyS } ss.
On _ 20 19 before me,I �/(
Notary Public,)personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITN S my hand and official seal.
=q1•• , MICHELE WILKINSON
•: ': MY COMMISSION EXPIRES
' December 30, 2018
Sig (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of 0"f`g"#a New Jersey
County of Morris ISS.
On July 1 2018 before me, Kristin S. Bender
Notary Public, personally appeared Jessica iannotta
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
KRISTIN S BENDER
NOTARY PUBLIC -STATE OF NEW JERSEY
MY COMMISSION EXPIRES
APRIL 21, 2021
Siemens Industry, Inc. Page E-3
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
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 Kristin S. Bender, Jessica lannotta, Annette M. Leuschner,
Marisol Mojica, Kelly O'Malley and April D. Perez of Morristown, New Jersey; Megan Schlueter of Raleigh, North Carolina ----------------------------------
each as their true and lawful Attorney -in -Pact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 10th day of November, 2017.
Ucr;n NI t:hl+trtr�.:l��istanl�t-��rct;ny
STATE OF NEW JERSEY
County of Hunterdon
mcphrn NI I kincy, Vice Ih'cNldcnl
MgnM• �
On this 101h day of November, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal qo
KATHERINE J. ADELAAR
.. pOTAAY
,� ►....
NOTARY PUBLIC OF NEW JERSEY
No, 2316685
yPU8L1C
JEAg�
CorMISSIon EXP ren July 16, 2018 Notary I'uhllr.
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
'RESOLVED, that the following authorizations relate to the execution, for and on behalfof the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute, for and on behalfof the Company, under the seal of the Company or otherwise, such Written Commitments of the
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the ]'resident and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FUR'T'HER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalfof
the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are ave, correct and in full force and effect,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this 1 st Day of J u ly, 201 8.
*00
I wriNLrhhn'tw.:N ishan>crct:u}'
IN THE EVENT YOU W ISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY O'T'HER MATTER, PLEASE CONTACT US Kr:
Telephone (908) 903-3493 Fax (908) 903-3656 e-mail: surety@chubb.com
Form 15-10- 0225B- U GEN CONSENT (rev. 12-16)
Form 15-10-0313A (Rev. 3/18)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 2017
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments ................ $ (78,340) Outstanding Losses and Loss Expenses..... $ 10,545,326
United States Government, State and Unearned Premiums ..................................... 2,087,124
Municipal Bonds ......................................... 7,063,387 Ceded Reinsurance Premiums Payable....... 739,431
Other Bonds .................................................. 5,366,068 Provision for Reinsurance ............................ 57,140
Stocks........................................................... 134,041 Other Liabilities ............................................. 1,044,341
Other Invested Assets ................................... 1,006,599
TOTAL INVESTMENTS ............................... 13,491,755 TOTAL LIABILITIES ..................................... 14,473,362
Investments in Affiliates:
Chubb Investment Holdings, Inc ................ 3,890,677 Capital Stock ................................................ 20,980
Great Northern Insurance Company .......... 557,388 Paid -In Surplus ............................................. 3,209,193
Vigilant Insurance Company ....................... 327,316 Unassigned Funds ....................................... 4,066,505
Chubb Indemnity Insurance Company....... 171,786
Chubb National Insurance Company......... 171,493
Chubb European Investment Holdings, SLP. 119,836 SURPLUS TO POLICYHOLDERS .............. 7,296,678
Other Affiliates ............................................ 76,806
Premiums Receivable ................................... 1,594,780
Other Assets ................................................. 1,368,203
TOTAL ADMITTED ASSETS ...................... $ 21,770,040 TOTAL LIABILITIES AND SURPLUS.......... $ 21,770,040
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31, 2017, investments with a carrying value of $558,430,596 were deposited with government authorities
as required by law.
State, County & City of New York, — ss:
Dawn M. Chloros, Assistant Secretary of the Federal Insurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31, 2017 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, 2017.
Subscribed and sworn to before me
this March 1, 2018.
JEANETTE SHIPSEY Assistant Secretary
Notary Public, State of New York
Notary Public No. 02SH5074142
Qualified in Nassau County
Commission Expires March 10, 2019
Form 15-10-0313A (Rev. 3/18)