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HomeMy WebLinkAbout19 - Traffic Signal Maintenance and Repair AgreementQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report May 22, 2018 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Brad Sommers, Principal Civil Engineer bsommers@newportbeachca.gov PHONE: 949-644-3326 TITLE: Traffic Signal Maintenance and Repair Agreement — Approval of Maintenance / Repair Services Agreement with Siemens, Inc. ABSTRACT: Public Works Department administers a Traffic Signal Maintenance Agreement to maintain and repair the City's traffic signal equipment. The current agreement with Siemens, Inc. (Siemens) expires on June 30, 2018. Through the Request for Proposal (RFP) process, proposals were requested, received and reviewed for traffic signal maintenance and repair. After review of proposals, staff recommends award of agreement to Siemens based on their qualifications, work history and cost. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve a Professional Services Agreement with Siemens, Inc. of Anaheim, for maintenance and repair of the City's traffic signal system for a not to exceed fee of $500,000.00 per year. The initial term of the Agreement shall be for one year with the option to extend the agreement for an additional four years; and c) Authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Sufficient funds for this contract are programmed annually for traffic signal maintenance, repair and emergency response within the Public Works Traffic Signal Equipment Maintenance and Repair Account (0108012-851010) and Traffic Equipment Damage Repair Account (0108012-851014). 19-1 Traffic Signal Maintenance and Repair Agreement — Approval of Maintenance / Repair Services Agreement with Siemens, Inc. May 22, 2018 Page 2 DISCUSSION: Maintenance and repair of the City's traffic signal system is managed by the Public Works Department through a contract maintenance company that specializes in traffic signal construction, operation and maintenance response. Keeping the City's traffic signal system operational 24/7, and in good working condition is a high priority and includes routine maintenance, inspections, retiming; traffic signal equipment testing, repair and replacements; marking of underground conduits for Underground Service Alerts; emergency response for traffic signal outages and repair of damaged or knocked down poles/equipment from traffic collisions; and equipment upgrades and replacements for minor projects. Simply put, Traffic Signals are critical infrastructure. As part of the agreement, work to maintain and repair traffic signals is broken down into the following three categories. Each category, including work tasks, is detailed in the attached RFP Scope of Work. • Routine Maintenance — Routine maintenance consists of tasks defined to prevent or reduce incidents of malfunctions and extend the useful life of the traffic signal equipment. These tasks have a fixed schedule of one, three, six or twelve months. • Extra Ordinary — Extra Ordinary work consists of tasks beyond Routine Maintenance that are randomly occurring. Generally, these tasks have predefined costs included in the attached scope and are completed on an "as needed" basis. Common Extra Ordinary tasks include replacing burnt out vehicle indications, fixing malfunctioning pedestrian buttons, and locating and marking underground utilities for construction work. • Emergency Response/Repairs — A key task for the contractor is to respond to traffic signal outages and traffic collision sites. For this reason, the contractor maintains a 24-hour call center to ensure quick response and to limit the impact of the incident to the public. Anticipating the end of the current agreement on June 30, 2018, staff completed the Request for Proposal (RFP) process to find the most qualified and financially reasonable contractor to enter into a new agreement beginning July 1, 2018. The RFP process used for the selection is detailed below: • On March 13, 2018 the City released a Request for Proposal for maintenance, repair and emergency response services for the City's 121 traffic signals, flashing pedestrian beacons, flashing crosswalk and radar speed signs; • Following four addendums for scope clarification and a one week extension, proposals were received from five firms on Friday, April 13th; • A proposal review team consisting of five Public Works Transportation, Public Works Development Services and Municipal Operations staff members was created to rank the contractors based on a review of the proposals; 19-2 Traffic Signal Maintenance and Repair Agreement — Approval of Maintenance / Repair Services Agreement with Siemens, Inc. May 22, 2018 Page 3 • Upon ranking the firms based on qualifications, a cost analysis was performed based on the submitted fee sheets included within the scope of work. The cost analysis combined review of fixed routine maintenance costs and extra ordinary work. To allow for comparison of proposed Extra Ordinary work costs, staff compared the proposed fees of each firm based on the amount of extra ordinary work performed in 2017. Upon combining the scores of the technical and cost reviews, the firms were ranked as follows: Upon completion of the review, Siemens ranked highest in both the technical and cost review of the proposals. All three of the top ranking firms (Siemens, Econolite and CSC) have completed traffic signal maintenance and repair related work within the City. In addition to the standard RFP review, staff reviewed alternatives to the RFP scoring by raising the weight of the cost analysis from twenty percent, as detailed in the RFP, to forty percent, sixty and then eighty percent. In each scenario, Siemens retained the high score. As Siemens ranked the highest after completion of the RFP process, cost analysis and having provided a high-level of service through the current agreement, staff recommends approval of an agreement with Siemens to perform traffic signal maintenance and repairs beginning July 1, 2018. To ensure the agreement's obligations and a high level of service, the City and Contractor will review Contractor's performance annually. For this reason, the contract is renewable annually for a term of up to five years. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 19-3 TECHNICAL TOTAL RANKING CONTRACTOR COST SCORE SCORE SCORE 1 Siemens, Inc. 78.6 20 98.6 2 Econolite, Inc. 74 15 89.0 3 CSC 66 19.9 85.9 4 Bear Electric 65 19.3 84.3 St. Francis 5 55 19.7 74.7 Electric Upon completion of the review, Siemens ranked highest in both the technical and cost review of the proposals. All three of the top ranking firms (Siemens, Econolite and CSC) have completed traffic signal maintenance and repair related work within the City. In addition to the standard RFP review, staff reviewed alternatives to the RFP scoring by raising the weight of the cost analysis from twenty percent, as detailed in the RFP, to forty percent, sixty and then eighty percent. In each scenario, Siemens retained the high score. As Siemens ranked the highest after completion of the RFP process, cost analysis and having provided a high-level of service through the current agreement, staff recommends approval of an agreement with Siemens to perform traffic signal maintenance and repairs beginning July 1, 2018. To ensure the agreement's obligations and a high level of service, the City and Contractor will review Contractor's performance annually. For this reason, the contract is renewable annually for a term of up to five years. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 19-3 Traffic Signal Maintenance and Repair Agreement — Approval of Maintenance / Repair Services Agreement with Siemens, Inc. May 22, 2018 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Siemens Proposal — Scope of Work and Fee Proposal Attachment B — Traffic Signal Maintenance and Repair Agreement 19-4 ATTACHMENT A EXHIBIT A CITY OF NEWPORT BEACH TRAFFIC SIGNAL MAINTENANCE SCOPE OF WORK THIS SCOPE defines the terms of a one (1) to five (5) year contract for maintenance of traffic signals, electrical or mechanical traffic control or traffic devices, as defined herein, in the City of Newport Beach, herein after referred to as "CITY." On an annual basis, both parties will review the language of this scope of work. Any changes to this Scope and the accompanying contract shall be approved by the CITY and the Traffic Signal Company, herein referred to as "COMPANY." The date of annual review will be one year from the execution date of the contract. A decision on the contract renewal will be made at that time. Services provided shall be as follows: SECTION I: GENERAL A. QUALIFICATIONS COMPANY shall have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain the traffic signal facilities in a good and professional workmanlike manner. 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 Standard Plans and Traffic Signal Specification Supplemental. COMPANY shall provide 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, Labor Code section 3099 and Page I of 28 19-5 3099.2. COMPANY 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 of Newport Beach. COMPANY shall have on hand, at all times, the minimum specified spare controllers with the most recent software update as listed below for as -needed replacements. • Econolite Cobalt NEMA controller (at least two), • Econolite ASC /3-2100 NEMA controllers (at least two), • Safetran ASC/3 RackMount controllers (at least one), and COMPANY shall have available adequate skilled personnel and proper lab testing facilities to perform inspection of new and existing controller assemblies including controller units, auxiliary equipment, and traffic control appurtenances. COMPANY 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. COMPANY shall provide services to the CITY, Monday through Friday, 7:30 AM — 5:00 PM under regular time pay rate. All work outside the specified hours and on Federal holidays shall be paid according to State of California labor laws and consistent with the rates established by COMPANY according to the Agreement with CITY. B. RESPONSE At COMPANY'S expense, COMPANY shall utilize and maintain mobile communications between CITY and COMPANY. COMPANY shall respond immediately to emergency calls when directed by CITY, and dispatch qualified personnel and equipment to reach the site within thirty (30) minutes. In all other circumstances, COMPANY shall respond within sixty (60) minutes, unless otherwise allowed 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 48 hour period. Page 2 of 28 19-6 COMPANY'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, COMPANY 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. COMPANY 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: COMPANY 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) ■ Estimated date of final repairs • Source of the request for service • Name of the technician(s) performing the service • Number of hours spent for each service Page 3 of 28 19-7 With each monthly invoice, COMPANY shall provide a monthly status report of open or incomplete work orders. This shall include any work that has been identified, including, but not limied 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 • Estimated date when the service will be completed At CITY's discretion, CITY may request a meeting to review the activities of COMPANY. D. NEW INSTALLATIONS COMPANY shall maintain any additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of 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 COMPANY is notified. CITY shall notify COMPANY 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 COMPANY shall repair, replace, or otherwise render in good working order any and all defective parts of the traffic signal control equipment with like make and model parts as the need arises except as agreed upon by 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. COMPANY agrees to notify the City Traffic Engineer, or his authorized representative, 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 Page 4 of 28 19-8 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, COMPANY shall coordinate between the manufacturer, installing contractor and CITY regarding any warranty service. COMPANY shall notify CITY of any delays in response by the manufacturer or installing contractor and details of each incident. G. TRAFFIC CONTROL COMPANY 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 COMPANY. A minimum of one 10 -foot 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. Page S of 28 19-9 H. EMERGENCY RESPONSE For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply: 1. COMPANY shall notify City's Traffic Engineering staff and Police Dispatch and dispatch qualified personnel and equipment to reach the site within thirty (30) minutes. COMPANY'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 City Traffic Engineer, Newport Beach Police Department, or his designated representative. COMPANY shall conform to the California MUTCD as dictated in the Section G (TRAFFIC CONTROL) of this Scope. 2. Upon arrival, COMPANY shall set up temporary STOP and STOP AHEAD signs. If deemed necessary, COMPANY shall set up more traffic warning and control devices, and then proceed to repair the signal. After the signal is back in operation, COMPANY shall remove all temporary traffic control devices from the site. If the traffic control devices are owned by CITY, COMPANY shall stack them at the side of the road when no longer necessary. 3. If a Police Officer is at the site when COMPANY arrives, COMPANY 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 COMPANY repairs the signal. At the request of the officer, or if the officer must leave the site, COMPANY shall immediately set up STOP and STOP AHEAD signs along with all other necessary warning devices. SECTION II: ROUTINE MAINTENANCE COMPANY 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 bid per each intersection for Routine Maintenance. Any item that Page 6 of 28 19-10 shall be repaired or replaced, above what is specified, may be considered Extraordinary Maintenance as specified in Section III (Extraordinary Maintenance). In carrying out the task described as Routine Maintenance, COMPANY 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, COMPANY shall make the following minor repairs if discovered during the Routine Maintenance: Replace malfunctioning pedestrian/bicycle push button; • Replace missing pedestrianibicycle 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 the Contract Unit Price Schedule attached to this Scope of Work. 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. 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, or rodent Page 7 of 28 19-11 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 80 percent 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 Page 8 of 28 19-12 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. COMPANY shall verify the grounds and connections of the copper twisted pairs at those locations using this communication system. COMPANY shall test and make any repairs or adjustments. COMPANY 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. COMPANY 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 • Westcliff Drive at Rutland Road; and 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 Page 9 of 28 19-13 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. COMPANY shall maintain a master spreadsheet showing the installation date of all BBS batteries by location, battery manufacturer, and the warranty expiration date. COMPANY 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. COMPANY may be deemed responsible for the cost of the replacement if it is determined that the batteries have not been properly inspected, maintained, or were damaged due to improper installation by the COMPANY. 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: COMPANY 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 El 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 • Westbound San Joaquin Hills Road between Spyglass Hill Road and Page 10 of 28 19-14 Marguerite Avenue Electronic Radar Speed Feedback Signs • Eastbound Bayside Drive west of Harbor Island Road • Westbound Bayside Drive west of Promontory Drive East • 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. Page 11 of 28 19-15 3. Air Filters: COMPANY shall replace the air filter elements, in all traffic signal and battery back-up cabinets so equipped, every six (6) months. All filter elements in all cabinets shall initially be replaced within four (4) months after the beginning of this contract. 4. Traffic Signal Controller Software: COMPANY shall verify and update records of current software or firmware for the Econolite Cobalt and ASC/3 controllers. This includes the spare controllers that COMPANY 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. COMPANY 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. Malfunction Management Unit (MMU) shall be tested once per calendar year per the manufacture's specification. COMPANY shall create a report for each test conducted. A replacement conflict monitor or MMU, of same make and model, shall be furnished by COMPANY and installed into the cabinet to monitor the intersection while the test is being conducted. All test results shall be documented. Any Conflict Monitor or 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. In addition, the camera's alignment shall be checked and adjusted to obtain the proper sight level. • 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); Page 12 of 28 19-16 • 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 Sutton/Yacht Coquette (four cameras). 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 CALTRANS. 5. CCTV Cameras: The CCTV camera housing and lens at the following 49 intersections shall be cleaned per the manufacturer's specification. • Balboa Boulevard at Main Street • Balboa Boulevard at 15th Street • Balboa Boulevard at 21st 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 Page 13 of 28 19-17 • 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 • Newport Boulevard at 281h 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 • Superior Avenue at Placentia Avenue Future CCTV camera installations will be accounted for as detailed in Section 1 (d) of this scope of work. Page 14 of 28 19-18 E. COMPENSATION FOR ROUTINE MAINTENANCE COMPANY shall invoice CITY monthly for Routine Maintenance at the unit bid price per signalized intersection, which shall include labor, materials, equipment, overhead, and profit. CITY reserves the right to inspect COMPANY'S work and withhold monthly payments for work not performed per routine maintenance as outlined in this section. SECTION III: EXTRAORDINARY MAINTENANCE COMPANY shall provide maintenance beyond routine maintenance, as defined in Section II (EXTRAORDINARY MAINTENANCE). Work performed that is not identified in Section 2 (ROUTINE MAINTENANCE) shall be considered Extraordinary Maintenance as detailed within this section. A. DEFINITION Extraordinary Maintenance of the City's traffic signal equipment and systems will include but not be limited to: 1. Repair and/or replacement of a failed or malfunctioning signal system caused by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation; 2. Modifications to traffic signal equipment such as, but not limited to, upgrades of controller cabinets, controller components, and traffic signal wiring and hardware; 3. Repair/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; Page 15 of 28 19-19 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 COMPANY shall contact CITY regarding any extraordinary maintenance work and seek approval before the work is scheduled. COMPANY 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. C. COMPENSATION FOR EXTRAORDINARY MAINTENANCE COMPANY shall submit to CITY an itemized invoice within thirty (30) days of completion of the work for such repairs required beyond the scope of routine maintenance as follows: 1. Materials: CITY shall pay COMPANY for materials used in Extraordinary Maintenance of traffic signals and appurtenances per intersection. CITY has the right to inspect the COMPANY'S records to verify any material costs used in extraordinary maintenance. 2. Direct Labor: Invoice for Extraordinary Maintenance shall include a record of hours spent in Extraordinary Maintenance per intersection. CITY shall pay COMPANY for such hours of Extraordinary Maintenance at the rates specified in this scope of work. Said hourly rates shall be the total cost to CITY. 3. Equipment: Compensation for equipment used in Extraordinary Maintenance shall be per hour basis as specified in this scope of work. Listing of per hour equipment rates shall constitute total rates to be paid by CITY when specified equipment is used. Page 16 of 28 19-20 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 COMPANY 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, and wiring system. COMPANY 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. COMPANY 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 COMPANY 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). COMPANY 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. Page 17 of 28 19-21 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 D. F. LOOP DETECTOR REPLACEMENT COMPANY shall clean and fill deteriorated loop detector saw cuts with epoxy as necessary. Once it is determined by CITY and COMPANY that the saw cut or DLC has deteriorated to a point that applying more epoxy is insufficient, the detector shall be replaced at the price stated in the contract. Traffic signal loop detectors shall be installed per Exhibit C. 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. COMPANY shall notify CITY of malfunctioning loop detectors, loop detectors that require replacement and locations where the pavement surface has degraded to a point that loops cannot be reinstalled. G. PEDESTRIAN SIGNALS COMPANY 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. Page 18 of 28 19-22 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 D. 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 COMPANY to proceed on the painting shall be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed by COMPANY within twenty-four (24) hours of the observation or report and will be paid for under the terms of Extraordinary Maintenance. I. TRAFFIC SIGNAL INTERCONNECT/COMMUNICATION SYSTEM COMPANY 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. Costs for additional assistance for related interconnect shall be assumed per the unit price detailed in Exhibit D. J. UNDERGROUND SERVICE ALERT COMPANY shall be the designated City representative in response to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduit, Page 19 of 28 19-23 interconnect facilities, loops, and other appurtenant equipment that might conflict with other right-of-way construction or repairs. COMPANY shall be responsible for equipping its technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of its current records) for these facilities including field verification using these locating devices. All updates shall be transmitted to CITY in a format adequate for its records. In the event underground equipment is damaged by construction due to COMPANY'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 COMPANY for facilities that were not properly marked. It shall also be COMPANY's responsibility to contact requesting party in the event the scope of work is vague or incomplete. COMPANY shall mark out all traffic signal underground facilities within the time frames required by USA. If COMPANY does not mark out all traffic signal underground facilities within the prescribed time periods, CITY may issue a written warning to the COMPANY. After three written warnings, failure to respond within the prescribed time periods shall result in a penalty of $500.00 per occurrence, which shall be deducted from any monies due COMPANY. COMPANY response to all Underground Service Alert (USA) requests/notices relating to traffic signals and interconnect shall be billed per unit price detailed in Exhibit D. SECTION IV: ADDITIONAL WORK A. REQUEST FOR ADDITIONAL WORK CITY may request COMPANY provide additional work and services not related to Routine or Extraordinary Maintenance detailed in this Scope of Work. Such work must be authorized in advance by CITY, and shall be provided by COMPANY via approved scope of work or on a time and materials basis, as determined appropriate by CITY. Rates for labor and materials for Additional Work shall be billed at rates set forth in Exhibit D where applicable. Page 20 of 28 19-24 B. COMPENSATION FOR ADDITIONAL WORK Within thirty (30) days of completion of work, COMPANY shall submit an itemized invoice for the Additional Work that shall include the following: 1. A list of all materials used in performance of the work, including the pre and post mark-up costs. 2. A list of all personnel who performed the work, including their position or title, their billing rate, and the hours of labor performed. 3. A list of all equipment, including hours of useage, used for the work. Page 21 of 28 19-25 EXHIBIT B — INTERNALLY ILLUMINATED STREET NAME SIGN Page 22 0 2a 19-26 k� § 2 \ \ {§ \ \ °� § § � ° G� § E b b\ 4 \ \ o / \ ( § §6 § § J § ± S \ > � \ » � ra! / \§ 5- / § w Z q / \§ / § § ( / /Lu § E : 2§§ 9/ 2 R ° \ H k \ § M / f m = § \ § g / k ( 2/§§ R % m \ S q tD no m )®\/ 2 ii z § F 3 w e ~ 1� 2 \ \ \ �� Ell p \ \ E § 0 o/§ 5 u ° g d § § § ( 4 [ [ \ 3 G z m I L u u m u<= m � * � w _ _ em CITY OF NEWPORT BEACH DEPARTMENT OFA BRE WORK INTERNALLY ILLUMINATED D"—©— STREET NAME SIGN 916-A USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONemC70N wv Page 22 0 2a 19-26 EXHIBIT C - LOOP DETECTORS LIMIT LINE OR CROSSWALK PER PLAN ' 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 CALTRANS TYPE E LOOP DETECTOR 3 -OX LEFT TURN MODIFIED CALTRANS TYPE E LOOP LANE DETECTOR (LEAD LOOPS) I THROUGH CALTRANS TYPE D LOOP DETECTOR LANES (3'x5') BIKE LANE I 1-0Y i II EDGE OF GUTTER CURB FACE 00I- 1 -OX 2 -OX NOTES: 1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 5' DIAMETER AND TYPE D LOOPS SHALL BE Tx6'. 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 RUBBEREZED ASPHALT SEALANT. arr-n pry lN6l.H . nra arxvn s CITY OF NEWPORBE!lCH DEl'F1IZ'1T%II'.NT OF PUBLIC: WORKS T LOOP DETECTORS y1• ccr+16 rvQ. 923 -L-A 11SI" WI'll 3 STAN 1)AR1) SPIT(', I I- I CA'[I ON S FOR PL!3i 1, K'. WOR ICS CONSTRUCTION SFiEey 102 Page 23 of 28 19-27 EXHIBIT C — LOOP DETECTORS Page 24 of 28 19-28 Start TWISTED CLOCKWISE INTO A PAIR Fnish (AT LEAST 2 TURNS PER FOOT) is I WINDING DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) LL 0 z� 0LLF V CL W � in SAWCUT DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) Prrn{ CITY OF IXEWPORT I3EACII DEPAKIIAII~NT O1r' PLTBLIC WORKS LOOP DETECTORS 923 -L -B USE TATE I E '.Ti -AND -ARD SE']•:( IFA'Al-IONSFOR PUBLIC WDRKSCONS]'RUC-!ll]V • EEI:ef[ Page 24 of 28 19-28 y � OPP-, oil ,=IVAN- I 'I 4 City of Newport Beach Fee Schedule for Traffic Signal Maintenance Services (RFP No. 18-51) 19-29 ATTACHMENT B: FEE SCHEDULE Exhibit D - Contract Unit Price Schedule 111 Page 19-30 EXHIBIT D CONTRACT UNIT PRICE SCHEDULE r TRAFFIC SIGNAL MAINTENANCE ITEMS 1, Routine Maintenance (see Section II): a. Each signalized intersection for monthly tasks $ 68.00 Each b. Each pedestrian signal, flashing crosswalk, and RRFB for monthly tasks $ 45.00 Each C. Each signalized intersection for three month tasks $ 3.50 Each t d. Each signalized intersection for six month tasks $ 8.50 Each C. Each signalized intersection for twelve month tasks i. Each Battery Back-up System Test (per intersection) $10.00 Each ii. Each Conflict Monitor/MMU Test (per intersection) $ 50.00 Each iii. Video Detection Camera Cleaning (per intersection) $ 95.00 Each i iv. EVP Optical Detector Lens Cleaning (per intersection) $ 95.00 Each v. CCTV Camera Cleaning (per intersection) $ 65.00 Each 3. Extraordinary Maintenance (see Section III): 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 i street name sign florescent ballast/driver (per unit) $104.00 Each e. Replacement of Edge -Lit LED internally illuminated street name assembly (per unit) 6' Sign: $ 2,550.00 Each f; 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) $ 370.00 Each G Type A (8 -ft) $ 390.00 Each Edge -Lit (6 -ft) $ 420.00 Each Edge -Lit (8 -ft) $ 440.00 Each 0 Page 25 of 28 1. 9-3 r EXHIBIT D CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS Replacement of vehicle indication 12" Green Ball/Arrow $ 76.25 $ 76.25 Per Unit 12" Yellow Ball/Arrow $ 76.25 $ 76.25 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 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 Page 26 of 28 19-32 r EXHIBIT D CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS l k. Replace pull box lid (Christy Fiberlite or approved equal) (No. 3) (No. 5) (No. 6) I_ Replacement of Walk/Don't Walk pedestrian signal to Type A LED module 5 a M. Replacement of Walkman/Hand pedestrian signal to Type A LED module n. Replacement of Count -down Walkman/Hand pedestrian signal to Count -down LED module Q. 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 p. 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 Page 27 of 28 19-33 i EXHIBIT D CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS r. Response to USA CSII9ut / Marking of Facilities $ 200.00 Per Unit S. Labor: ReGular Time Overtime Double Time Per I -lour Per Hour Per Hour Registered Civil Engineer $155.00 $155.00 $155.00 Engineering Technician $110.00 $137.00 $166.00 i Traffic Signal Maintenance Superintendent $110.00 $110.00 $110.00 Transportation Systems "Technician $ 90.00_ $110.00 $129.00 _ Transportation Systems Electrician $102.00 $130.00 $15500 Traffic Signal Laborer $ 90.00 $132.00 $13200 "Traffic Signal Painter $ 90.00 $132.00 $132.00 Interconnect / Communications i Specialist - Ethernet $110.00 $137.00 $166.00 Fiber Optic Specialist $ 98.00 $11700 $140.00 t. Equipment: Rate Per I lour Pick -Up Truck $ 20.00 Service Truck $ 25.00 Service Boom Truck S.28.00 Water Truck $ 20.00 Concrete Saw and Truck $ 25.00 Air Compressor with Tools $.5.00 Crane $ 55.00 u. Alternate Line Item 1; aciclitional insurance coverage requirelnews of ? million per occurrence. 4 million general aggregate (General Liabili(y) S 0.00 hr No Additional Charge f', Alternate Litre Item 2:.-lciclitional msin'ance coverage rrecluiremews of -5 million per occurrence, 10 million general aggregate. (General Liabilitti) S 0.00 /IT No Additional Charge Page ZS q1'28 19-34 ATTACHMENT B MAINTENANCEIREPAIR 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 19-35 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 001100 ($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 001100 ($2,500,000.00), without prior written amendment to the Agreement. Siemens Industry, Inc. Page 2 19-36 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 19-37 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 MATE RIALS/STAN DARD 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 19-38 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 19-39 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 19-40 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 19-41 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 19-42 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 19-43 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 19-44 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 19-45 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 Controllinq 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 19-46 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 19-47 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 s''y-i4 City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Marshall "Duffy" Duffield Mayor CONTRACTOR: Siemens Industry, Inc., a Delaware corporation Date: By: Leilani I. Brown Steven M. Teal City Clerk Director of Service Date: By: Craig Debevoise Commercial Manager [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 19-48 EXHIBIT A SCOPE OF SERVICES Siemens Industry, Inc. Page A-1 19-49 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. 19-50 10:WaeI:6i4 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. 7 19-51 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. 19-52 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 . pply: 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 19-53 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. 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 19-54 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 I: 19-55 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. 19-56 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 19-57 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 Sutton/Yacht Coquette (four cameras). G7 19-58 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. CCTV 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 23,d 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; lul 19-59 • 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. 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; 19-60 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. 1? 19-61 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 19-62 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 IO 19-63 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 001100 ($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 001100 ($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 19-64 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. ro. 19-65 INTERNALLY ILLUMINATED STREET NAME SIGN §� §o § j _ 0 \ ~ u 0 5§ \ ° � j z §§ j \ } ° � 7 } >� \ � J + / \ LJ \ \ - � \ > « / 0 o 0 § 3 z 3 L Eam j / / \ < \ § < § I / 2 \\ \ \ } 2 \ § \ k / \ Lu \ � k § , \ zo / \ / R u§% § j in § e < / zz. E S j e B E 3 ) z < 3 . P 2 Q u = El \ \ [ \ § M \ - - e E = $ g ( [ ' l / / \ % § / S \ § { = u uz 2§§« Of u [ 0 § ( / F 3 j u § r o 0 0 0) \ § 2 0 / / E § 2 )} u 8 o u u o u g uj \ \ § j % \ / Ln o q } / § \ \ z § § ( 07 \ § \ § u < � z _u YENCE1^ ft CITY OFNEWPO BEACH DEPARTMENT OFA BRE WORK INTERNALLY ILLUMINATED ST�OUN`NO. STREET NAME SIGN 916-A I WITH STANDARD SPEeEJTIO± FOR PUBLIC WORKS m,STR uC G mm . !7 19-66 o a- 1-4 .. r_ C 0 1-0Y LOOP DETECTORS LIMIT LINE OR CROSSWALK PER PLAN LEGEND: +/ o 1-oX LEFT TURN LANE I THROUGH LANES I BIKE LANE i II II 1-0Y OXB EDGE OF GUTTER Ifs CURB FACE DETECTOR INPUT FOR THROUGH PHASES DETECTOR INPUT FOR LEFT TURN PHASES BICYCLE LOOP DETECTOR INPUT CALTRANS TYPE E LOOP DETECTOR MODIFIED CALTRANS TYPE E LOOP DETECTOR (LEAD LOOPS) CALTRANS TYPE D LOOP DETECTOR (3'x6') v 001° 1-0X 12 -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. -Si•�l G:IIE ".i�iF L�:: 11- � 1: 'RH•`. - '!�[: CITY OF NEWPORT BEACII DEPARTME\-F OF PUBLICWORKS LOOP DETECTORS 923 -L-A USE WITH STANDARD SPL'CIFICATIONS FOR PUBLIC: WORKS CONSTRUCTION JO -'t 11'. 18 19-67 LL 0 Z LU LU Ind O - a TWISTEI (AT 1 LOOP DETECTORS WINDING DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) SAWCUT DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) Stan Finish C: YE?:::EFS ;A —1 1 777 -tL:C'MJa 7 JtT /;XY"ED CITY OF NEWPORT BEACH DEPARTMENT OF PiBI,IC WORKS LOOP DETECTORS 923 -L -B CSE WITH STANDARD SPECIFICATION S FOR PUBLIC WORKS CONSTRUCT ION Ma 19-68 EXHIBIT B SCHEDULE OF BILLING RATES Siemens Industry, Inc. Page B-1 19-69 EXHIBIT B CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS SIEMENS INDUSTRY, INC. 1. 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 (11)(A) $ 45.00 Each C. Each signalized intersection for three month tasks (II)(B) $ 3.50 Each d. Each signalized intersection for six month tasks (11)(C) $ 8.50 Each C. Each signalized intersection for twelve month tasks (II)(D) i. Each Battery Back-up System Test (per intersection) (11)(D)(1) $10.00 Each ii. Each Conflict Monitor/MMU Test (per intersection) (11)(D)(2) $ 50,00 Each iii. Video Detection Camera C I ean i ng (per intersection) (I 1)(D)(3) $ 95.0c) Each iv, EVP Optical Detector Lens Cleaning (per intersection) (11)(D)(4) $ 95.00 Each v. CCTV Camera Cleaning (per intersection) (II)(D)(5) $ 65.00 Each 2. Extraordinary Maintenance (see Section 11): (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 L: Replacement of Edge -Lit LE■ internally illuminated street name assembly (per 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 $ MM_ Each $ 420.00 Each $ 440.00 Each 19-70 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 19-71 ga Replacement of vehicle indication 12" Green Sall/Arrow $ 76.25 $ 76.25 Per Unit 12" Yellow Ball/Arrow $ 76.25 $ 76.25 Per Unit 12" Red Ball/Arrow $ 73.75 $ 75.00 Per Unit 8" Green Sall $60 '.00 Per Unit 8" Yellow Sall $ 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 (I11)(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 19-71 k. Replace pull box lid (Christy Fiberlite or approved equal) (No. 3) $ 80.00 Per Unit (No. 5) $115.00 Per Unit (I11)(G) (No. 6) $165.00 Per Unit 1, Replacement of Walk/Don't Walk pedestrian signal to Type A LED module $150.00 Per Unit M. Replacement of Walkman/Hand pedestrian signal to Type A LED module $150.00 Per Unit 11, Replacement of Count -down Walkman/l land pedestrian signal to Count -down LED module $145.00 Per Unit �. Replacement of Pedestrian and Bicycle push buttons with ADA approved buttons and signs $130.00 Per Unit (II1)(H) P. Refinish (paint per Section ill) 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 $125.0 0 Per Unit 4 -Section Signal Head $ 200.00 Per Unit 5 -Section Signal 1 lead $ 250.00 Per Unit Bicycle/Pedestrian Push Button Assembly $ 80.00 Per Unit q_ Refinish (paint per Section 111) 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 19-72 (I11)(J) I-, Response to USA Callout / lvlarkino of1=acilities $ 200,00 Per Unit Labor: u. Allernale Line Item 1: acklitional insurance roverc{Ere requirel►ews off'? million per oeeurre► ce, 4 tuiflio►t gene)•ul ciggrc ale (General Liahilif.o S 0.00 s r No Additional Charge v, �411ernate Line Item 2:.4ddilionrtl insurance coverage requireuteniv of 5 million Iter occurrence, 1 f1 nrilliurr islerrerctl (Wgregcile. (General Liahilir_1-) S 0, 00 t r 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. 19-73 Regular Time Overtime Double Time Per }-lour Per Hour Per !-lour ReUistered Civil Engineer 5155.00 $155.00 $155.00 Lngineering Technician $110.00 $137.00 $166.00 Traffic Sirsnal Maintenance Superintendent $110.00 $110.00 $110.00 Transportation Systems Technician $ 90.00 $110.00 $129.00 Transportation Systems Electrician `5102,00 $130.00 $155.00 Trafi is SiC: Laborer $ 90.00 $132.00 $132.00 Traffic Sig=nal Painter $ 90,00 $132.00 $132.00 Interconnect / Communications Specialist - Ethernet $110.00 $137,00 $166.00 Fiber Optic Specialist $ 9800 $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.Q0 Concrete Saw and Truck $ 25.00 Air Compressor %vith Tools $ 5,00 Crane $ 55.00 u. Allernale Line Item 1: acklitional insurance roverc{Ere requirel►ews off'? million per oeeurre► ce, 4 tuiflio►t gene)•ul ciggrc ale (General Liahilif.o S 0.00 s r No Additional Charge v, �411ernate Line Item 2:.4ddilionrtl insurance coverage requireuteniv of 5 million Iter occurrence, 1 f1 nrilliurr islerrerctl (Wgregcile. (General Liahilir_1-) S 0, 00 t r 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. 19-73 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 19-74 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 19-75 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 19-76 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 19-77 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 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, 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 et seq. of the Civil Code of the State of California. Siemens Industry, Inc. Page D-1 19-78 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 day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE A TTA CHED Siemens Industry, Inc. Page D-2 19-79 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 California County of }ss. On 20 before me, 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. WITNESS my hand and official seal. Signature (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 California County of I ss. On 20 before me, Notary Public, personally appeared 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. WITNESS my hand and official seal. Signature (seal) Siemens Industry, Inc. Page D-3 19-80 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ 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 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 19-81 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 day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: in Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Siemens Industry, Inc. Page E-2 19-82 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 California County of _ }ss. On 20 before me, 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. WITNESS my hand and official seal. Signature (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 California County of }ss. On 20 before me, Notary Public, personally appeared 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. WITNESS my hand and official seal. Signature (seal) Siemens Industry, Inc. Page E-3 19-83