HomeMy WebLinkAbout10 - Traffic Signal Modernization ProjectCITY OF
NEWPORT BEACH
" City Council Staff Report
May 13, 2014
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb@newportbeachca.gov
PREPARED BY: Brad Sommers, Senior Civil Engineer
PHONE: 949 - 644 -3326
TITLE: Traffic Signal Modernization Project Phase 6 (San Joaquin Hills Road and Newport
Coast Drive) - Approval of Equipment Purchase Contract with Econolite Control
Products, Inc. (CAP14 -009)
ABSTRACT:
Phase 6 of the Traffic Signal Modernization Project is part of the planned eight -phase
modernization of the traffic signal system. The agreement with Econolite Traffic Control
Products, Inc. (Econolite) will provide traffic signal control equipment and installation services
required to modernize the San Joaquin Hills Road and Newport Coast Drive corridor traffic
signals.
RECOMMENDATION:
Approve the Purchase Contract with Econolite Control Products, Inc. of Anaheim, California for
purchase and installation of advanced traffic signal control equipment for Phase 6 of the Traffic
Signal Modernization Project, at a not to exceed price of $147,083.64 and authorize the Mayor
and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding for the award of this contract. The
following accounts will be expended:
ccount Descri tion
Account Number
mount
General Fund
7013- C3001007
44,000.00
Measure M Competitive
7284- C3002018
92,695.00
Transportation / Circulation
7261- C3002018
10,388.64
otal:
$ 147,083.64
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DISCUSSION:
During the initial design of the Citywide Traffic Signal Modernization project, staff completed a
qualifications -based selection process to determine the best qualified vendor for the new traffic
signal control hardware and software. Staff interviewed and completed an extensive evaluation
of the products and services of seven different manufacturers and suppliers of traffic control
equipment. Staff reviewed each firm's qualifications, past experience on similar projects, and
availability before selecting Econolite as the best qualified firm to provide the hardware and
software for our City -wide Traffic Signal Modernization project. Phases 1, 2, 3, 4, 5 and 7 of the
eight phase project have been completed and staff is now ready to construct Phase
6. Attachment B shows the completed, current, and planned Traffic Signal Modernization
project corridors.
Construction of Phase 6 of the Traffic Signal Modernization Project includes installation of a
fiber optic signal interconnect cable, Ethernet communication equipment, four CCTV cameras,
and new traffic signal control equipment at 17 existing signalized intersections along San
Joaquin Hills Road and Newport Coast Drive. Additionally, the project will rehabilitate existing
traffic signals at the San Joaquin Hills Road /Crown Drive, San Joaquin Hills Road /Marguerite
Avenue and Newport Coast Drive /Coast Highway intersections.
As part of the Phase 6 Traffic Signal Modernization Project, Econolite, Inc. has prepared a
proposal to provide and install advanced traffic management equipment necessary to upgrade
the traffic signals to be compatible with the Traffic Management Center and Econolite Centracs
Traffic Management Software. The Econolite Proposal has provisions for the following
equipment and services:
1. Furnish Econolite ASC /3 Advanced Traffic Signal Controllers;
2. Furnish Econolite Traffic Signal Management equipment;
3. Furnish three Traffic Signal Control Cabinets for intersections requiring replacement; and
4. Provide installation and modification labor for the provided Econolite equipment.
The Econolite Centracs traffic management system requires Econolite traffic signal control
equipment, such as the Econolite ASC /3 traffic signal controllers, to operate efficiently and
access the system's utilities. As Econolite has been selected as the vendor for these products
for all of the previous Traffic Signal Modernization projects, staff will continue to purchase
equipment directly from Econolite to build out and maintain the traffic signal system.
A separate contract will be awarded for the construction component of the Phase 6 Traffic
Signal Modernization Project. The construction contract will include:
Installation of fiber optic signal interconnect cable and Ethernet communication
equipment;
Installation of new traffic signal control equipment at 17 existing signalized intersections;
Installation of four Closed Circuit Television Cameras (CCTV);
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Provide fiber optic communication node for future connection to the Newport Coast
Community Center and Fire Station #8; and
Rehabilitate three existing traffic signals.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental
Quality Act ( "CEQA ") pursuant to Section 15301 (for repair, maintenance and minor alteration of
existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment.
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:
Description
Attachment A - Purchase Contract
Attachment B - Traffic Signal Modernization Phasing Exhibit
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ATTACHMENT A
CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC.
FOR PURCHASE AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT
FOR PHASE 6 OF THE TRAFFIC SIGNAL MODERNIZATION PROJECT
THIS PURCHASE AND INSTALLATION CONTRACT ( "Contract") is made and
entered into as of this 14"' day of May, 2014, by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ( "City"), and ECONOLITE
CONTROL PRODUCTS, INC., a California corporation ( "Contractor"), whose principal
place of business is 3360 E. La Palma Ave., Anaheim, CA 92806, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. As part of Phase Six of the Traffic Signal Modernization project ('Project'), City
desires to purchase necessary traffic signal equipment from Contractor and to
engage Contractor for installation of said equipment as detailed in the Scope of
Work attached hereto as Exhibit A.
C. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the 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 price specked in this Contract.
D. Contractor is a manufacturer and supplier of traffic control equipment, advanced
traffic management systems and traffic controller firmware.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
reference. As a material inducement to the City entering into this Contract, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that is shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality. For purposes of this Contract, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more
first -class firms performing similar work under similar circumstances.
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1.2 Contractor shall perform everything 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.
1.3 In consideration of the payment of the Purchase Price and subject to all the
terms and conditions hereof, Contractor shall: Sell to City, and install, equipment
(hereinafter referred to as "the System ") listed and set forth in the Scope of Work attached
hereto as Schedule A and incorporated in full by this reference.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Contract
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit A. The failure by Contractor to meet this
schedule may result in termination of this Contract by City as outlined in Section 17 below.
2.2 Force Maieure. The time period(s) specified in Exhibit A for performance of
services rendered pursuant to this Contract shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and /or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City s determination shall be final and
conclusive upon the parties to this Contract. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Contract, however
caused, Contractor's sole remedy being extension of the Contract pursuant to this Section.
3. TERM
Unless earlier terminated in accordance with Section 17 of this Contract, this Contract
shall continue in full force and effect until completion of the services agreed to herein or
until April 30, 2015, whichever occurs first.
4. COMPENSATION
4.1 As full compensation for the performance and completion of the Project as
required by the Scope of Work, City shall pay to Contractor and Contractor accepts as the
full Purchase Price the sum of One Hundred Forty -Seven Thousand Eighty -Three
Dollars and 641100 ($147,083.64) ( "Purchase Price"). Contractor shall not receive any
additional compensation unless approved in advance by the City in writing. The City shall
make monthly progress payments for labor as the Project work proceeds based on the fee
schedule set forth in Exhibit A.
4.2 Payment for Labor. Subject to the terms of Section 3 of this Contract, City
shall make monthly progress payments for labor as the Project work proceeds. Contractor
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shall prepare monthly Invoices reflecting labor done during the previous on -month period.
Payments for labor shall be based on the hourly rates and other fees set forth in Exhibit A.
4.3 Payment for Equipment Installed. Ninety percent (90 %) payment for
equipment, including any software installed on such equipment, shall be payable upon
delivery to the City. Final ten percent (10 %) payment for equipment shall be payable upon
Installation of such equipment at the City after such equipment successfully passes
installation testing. Installation testing shall include full operation of the installed
equipment at the time of traffic signal tum -on. Contractor shall prepare monthly invoices
reflecting equipment delivered and/or installed during the previous one -month period.
4.4 All shipping and insurance costs to and from the installation sites are
included in the purchase price of the Project, as listed in Exhibit A. All payments to
shipping agents and for insurance fees shall be made directly by Contractor and the City
shall make no payments to any firm concerning the shipment, installation, and delivery of
hardware which is not a part of this Contract and for which exact payments are not
described. Contractor shall be responsible for all arrangements for the shipment of
software, hardware and equipment to the City, and /or movement of the hardware to the
prepared site within the City. Contractor shall also be responsible for removal of all debris
and packing materials from the City site resulting from the installation of the equipment,
hardware and software.
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the hardware in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the hardware, and the site shall thereafter be available for
Inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the
Project, but which is not included in the Purchase Price as specified in Exhibit A, and
which parties did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the hourly rates set forth in Exhibit
A.
5. ADMINISTRATION
This Contract will be administered by the Public Works Department. The Public Works
Director or designee shall be the Project Administrator and shall have the authority to act
for City under this Contract.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Contract. Any deviation from the materials described in
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Exhibit A shall not be installed unless approved in advance by the City Project
Administrator.
6.2 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 Contract, and that it will perform all services in a manner
commensurate with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the services required hereunder, or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them, unless caused by
the City's negligent acts, omissions, or willful misconduct.
7.2 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 to the extent arising from the negligent acts, omissions, or
willful misconduct of the Contractor' or any subcontractor or supplier selected by the
Contractor.
7.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims, allegations of
liability, suits, costs and expenses for damages of any nature whatsoever, including, but
not limited to, bodily injury, death, personal injury, property damage, or any other claims to
the extent arising from any and all negligent acts or omissions or willful misconduct of
Contractor, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Contract; (2) use of improper materials in
performing this Project including, without limitation, defects in workmanship or materials
and/or design defects; and /or (3) any and all claims asserted by Contractor's
subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees
and all other costs incurred in defending any such claim. Contractor's liability in this
Subsection shall be limited to the maximum amount of its insurance coverage for claims
arising out non- negligent and non - intentional acts performed under this Contract.
Contractor shall not be held responsible for consequential or special damages, or claims
made to City for such consequential or special damages. Nothing herein shall require
Contractor to indemnify City from the negligence or willful misconduct of City, its officers or
employees.
7.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
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unintentional violation of the intellectual property rights of any third party with respect to
equipment and software deliverables purchased in this Contract This indemnification shall
include, but is not limited to, infringement of any United States' letters patent, trademark, or
copyright infringement, including costs, contained in Contractor's deliverables provided
under this Contract.
7.5 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
7.6 Contractor shall provide traffic control and access in accordance with
Section 7 -10 of the State Standard Specifications and the latest edition of the Work Area
Traffic Control Handbook (WATCH), as published by Building News, Inc.
7.7 If necessary, traffic control plans for field work will be provided by City, or
with two (2) weeks prior written notice, by Contractor. Traffic control services provided by
Contractor shall be considered Extra Work, and will be billed to the City separately from
monthly progress payments.
7.8 At the request of the City, the Contractor shall submit to the Engineer a
traffic control plan and detour plan for each street and sidewalk within the project area.
The Contractor shall be responsible for processing and obtaining approval of a traffic
control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions
of the traffic control plan. Traffic control plans shall be prepared, signed, and sealed by a
California licensed Civil Engineer or Traffic Engineer, as directed by the City Traffic
Engineer, and conform to the provisions of the WORK AREA TRAFFIC CONTROL
HANDBOOK (W.A.T.C.H), Latest Edition.
7.9 Traffic control and detours shall at a minimum meet the following
requirements:
7.9.1 Emergency vehicle access shall be maintained at all times.
7.9.2 The locations and wordings of all barricades, signs, delineators,
lights, warning devices, parking restrictions, and any other required details shall ensure
that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
7.9.3 All advanced warning sign installations shall be reflectorized and/or
lighted.
7.9.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
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7.9.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs
shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed
for each direction of traffic. Locations of the signs shall be per the WATCH manual.
7.10 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Contract, except to the extent
provided in Section 7.3 above.
7.11 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees, nor any of its subcontractors, are to be considered employees of the City. The
manner and means of conducting the work are under the control of Contractor, except to
the extent they are limited by statute, rule or regulation and the express temms of this
Contract. No civil service status or other right of employment shall accrue to Contractor or
Its employees.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
iT1altli!` 17,_-N119i
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
Contract or for other periods as specified in this Contract, policies of Insurance of the type,
amounts, terms and conditions described in the Insurance Requirements attached hereto
as Exhibit B, and Incorporated herein by reference.
11. BONDING
11.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract: 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 Contract and
in the forth attached hereto as Exhibit C which is incorporated herein by this reference;
and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total
amount to be paid Contractor as set forth in this Contract in the form attached hereto as
Exhibit D which is incorporated herein by this reference.
11.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
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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.
11.3 The Contractor shall deliver, concurrently with execution of this Contract, 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.
12. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not less
than the general prevailing rate of per diem wages including legal holidays and overtime
work for each craft or type of workman needed to execute the work contemplated under
the Contract shall be paid to all workmen employed on the work to be done according to
the Contract by the Contractor and any subcontractor. In accordance with the Califomia
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 Contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
13. 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 Contract 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
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
14. 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
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a failure to pay according to the terms of this Contract. 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.
15. CONFLICTS OF INTEREST
15.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
15.2 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 Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
16. NOTICES
16.1 All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to City
shall be addressed to City at:
Attn: Brad Sommers
Public Works Department
City of Newport Beach
100 Civic Center Dr.
P.O. Box 1768
Newport Beach, CA 92658
16.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Kristen Eid
Econolite Control Products, Inc.
3360 E. La Palma Ave.
Anaheim, CA 92806
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17. TERMINATION
17.1 Termination With Cause - In the event that either party fails or refuses to
perform any of the provisions of this Contract at the time and in the manner required, that
party shall be deemed in default in the performance of this Contract. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice
of default, specifying the nature of such default and the steps necessary to cure such
default, the non - defaulting party may terminate the Contract forthwith by giving to the
defaulting party written notice thereof.
17.2 Termination Without Cause. Notwithstanding the above provisions, City
shall have the right, at its sole discretion and without cause, of terminating this Contract at
any time by giving 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 in the performance of such services up to the effective date
of termination for which Contractor has not previously been paid. In the event of
termination under this Section, City shall also pay Contractor for all software, hardware,
and equipment delivered to City site under this Contract that City deems usable.
18. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract by Contractor is a representation that Contractor has visited the
Project site(s), has become familiar with the local conditions under which the work is to be
performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
19. WARRANTY
19.1 Contractor warrants to City that all equipment to be delivered hereunder will
be free from defects in material or workmanship and will be of the kind and quality
designated or specified by Contractor in Exhibit A. The warranty shall apply only to
defects appearing within one year from the date of Final System Acceptance of Project by
City for software products, two years from the date of Final System Acceptance by City for
hardware products not manufactured by the Contractor, and two years from the date of
Final System Acceptance by City for hardware products manufactured by Contractor. If
Contractor installs the equipment and software, or supplies technical directions of
Installation by contract, the warranty period shall run from the date of Final System
Acceptance by City, provided same is not unreasonably delayed by City.
19.2 If Contractor - manufactured equipment delivered hereunder does not meet
the above warranty, and if City promptly notifies Contractor in writing, Contractor shall
thereupon correct any defect, including non- conforrnance with the specifications, either (at
Its option) by repairing any defective or damaged parts of the equipment, or by making
available any necessary replacement parts, delivered and installed without additional
charge to City within seven (7) working days. City will return the defective product to
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Contractor, at Contractor's expense. Contractor shall repair or replace the defective item
and return it to City, shipping costs prepaid. Contractor shall perform any necessary
diagnostic work, software, hardware and equipment removal, repair, replacement,
certification, and installation at no cost to the City during the warranty period, using
Contractor's equipment.
19.3 The foregoing warranty is exclusive and in lieu of all other warranties,
whether written, oral, Implied or statutory. Contractor does not warrant any equipment of
other manufacture designated by City.
20. REPRESENTATIONS
20.1 Non - infringement. Contractor represents that to the best of its knowledge
the technology embodied in the products sold herein does not infringe upon a United
States patent or United States copyright in effect as of the Effective Date.
20.2 Authod . Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Contract; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever
materially affect the enforceability of this Contract or the rights, duties and obligations of
the parties hereunder, and (c) that the execution, delivery and performance of this
Contract will not constitute a breach or default under any agreement, law or court order
under which such party is a party or may be bound or affected by or which may affect the
rights, duties and obligations hereunder.
20.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
21. CONFIDENTIAL INFORMATION.
21.1 Confidential Information. In the performance of this Contract or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and
such information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ( "Confidential Information ")
and so acquired by the other party or its employees or agents under this Contract or In
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any
event shall not be less than the efforts the recipient takes to ensure the confidentiality of its
own proprietary and other confidential information) to keep, and have its employees and
agents keep, any and all Confidential Information confidential, and shall not copy, or
publish or disclose it to others, nor authorize its employees, agents or anyone else to copy
or disclose it to others, without the disclosing partys written approval; nor shall the
recipient make use of the Confidential Information except for the purposes of executing its
obligations hereunder, and (except as provided for herein) shall return the Confidential
Information and data to the first party at its request. The City s duty to maintain
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confidentiality as described hereunder shall be subject to the laws of the State of
California.
21.2 Excluded Information. The foregoing conditions will not apply to Information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
previously known to the recipient, is information Independently developed by or for the
recipient or is information generally released by the owning party without restriction.
21.3 Riaht to Injunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Article, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Article.
22. ASSIGNMENT
This Contract shall not be assigned by any party, or any parry substituted, without prior
written consent of the City and the Contractor.
23. STANDARD PROVISIONS
23.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
23.2 Compliance with all Laws. Consultant 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 Consultant 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.
23.3 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.
23.4 Intearated Contract. This Contract 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.
23.5 Conflicts or Inconsistencies. In the event there are any conflicts or
Inconsistencies between this Contract and the Scope of Services or any other attachments
attached hereto, the terms of this Contract shall govern.
Econolite Control Products, Inc. Page 11
:•
23.6 Interoretation. The terms of this Contract 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 Contract or any other rule of construction which
might otherwise apply.
23.7 Amendments. This Contract may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City
Attorney.
23.8 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
23.9 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
23.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
23.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Contract, the prevailing party shall not be entitled to attomeys' fees.
23.12 Counterparts. This Contract 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]
Econolite Control Products, Inc. Page 12
19+II]
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on
the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5 -fe -Iq
By: 1
Aaron C. JHarp
City Attorney
ATTEST:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Rush N. Hill, II
Mayor
CONTRACTOR: Econolite Control
Products, Inc., a California corporation
By:
J.P. Spinazze
Senior Vice President
Raquel Martin Leano
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Insurance Requirements
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
RAE
EXHIBIT A
SCOPE OF SERVICES
Econolite Control Products, Inc. Page A -1
292
, ECONOUTE
V; Group, Inc.
Date: April 22 ,2014
To:
City of Newport Beach Re: City of Newport Beach Phase 6 Traffic
Attn: Bryan Lao Signal Modemizatlon Project
100 Civic Center Drive Project Ref: City of Newport Beach Phase 6
Newport Beach, CA 92890 Traffic Signal Modernization Project
Econalhe Reference: Phase 9
Item A Part #
1 TS2CAB
Qty Description
1
3 'TS2CAB
FS�#--CMUCUJ IM,
_1
Price per,
;San Joaquin at Crown Drive :$20,888.00; $20,888.00
NEMA TS2 Type 2 Type P
Cabinet, ASC(3 -2100
!Controller with Ethernet and
;data key, powder coated White
ioutside and inside, two 8
position detector rests, eight
j(8) two channel Reno A & E
detectors, two (2) Reno A& E
;bike detectors, full complement i i
;of load switches, flashers and
;flash transfer relays, including
!outside test and technical
;support at time of tum-on at
InIght
!Excludes installation
iNewport Coast Drive and $21,623.001 $21,623.00
Coast Highway
INEMA T82 Type 2 Type R
:Cabinet, ASC/3 -2100
iController with Ethernet and
!data key, powder coated White
;outside and Inside, two B
:position detector racks, eleven
(11) two channel Reno A & E ;
ddeeectors, two (2) Reno A& E
:bike detectors, full complement
iof load switches, flashers and
;flash transfer relays, Including
;outside test and technical
support at time of tum-on at
.night
;Excludes Installation
San Joaquin Hills Road at $20,411.00 $20,411.00
;Marguerite Avenue
-NEMA TS2 Type 2 Type P
Cabinet, ASCl3 -2100
`:Controller with Ethernet and
data key, powder coated White
outside and inside, two 8
position detector racks, nine (9)
Iwo channel Reno A & E
3360 E. La Palma Ave. Anaheim, CA 92806
Rim
Vbaft- tmrx
Page 1 of 1
293
ECONOUTE
W • Group, Inc.
4 :ASC321110100000 12
5 'FMOD 12
i
5 Field Labor 12
Note, Each product fisted In this quotation is available for purchase separately at the Itemized price listed.
3360 E. La Palma Ave. Anaheim, CA 92606
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Page 1 of 1
294
detectors, and one (1) Reno A
$135,1
8 E bike detector, full
Incl
complement of load switches,
flashers and flash transfer
$9,9
'relays, including outside test
and technical support at time of
i
;tum -on at night,
$2,0
:Excludes installation
!ASC13.2100 Controller with
$2,380.00 28,560.00
;Ethernet and Data Key
!$147,0
,Field Modification equipment
$2,748.00: $32,952.00
,to existing NEMAtraffic
;signal cabinets per City
furnished list to Include.
• MMU
D panel with
connecting cable
• Filtered convenience
outlet
• pedestrian Isolation 1
board
• push button switch
I
• SDLC cable from
ABC13 to MMU
• resistor panel
assembly for
pedestrian yellows
i
Field Modification Labor for
$9 00.00i $10,800.00
,locations noted In line Items
#4,#5 (work to be
I
:accomplished during
;daytime hours). Hourly labor
rate $150.00 x 6 hours per
;
Note, Each product fisted In this quotation is available for purchase separately at the Itemized price listed.
3360 E. La Palma Ave. Anaheim, CA 92606
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Page 1 of 1
294
SubTotall
$135,1
Shipping &
Incl
Handling'
Estimated Taxes on
$9,9
equipment only;
Bond (1.5 %flat:
$2,0
based on pre-tax'.
total);
TOTAL;
!$147,0
Note, Each product fisted In this quotation is available for purchase separately at the Itemized price listed.
3360 E. La Palma Ave. Anaheim, CA 92606
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Page 1 of 1
294
ECONOLITE
w Group, Inc.
Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not
comply with any Buy America requirements.
Quote Valid For: 30 Days
FOB: Econolite Factory
Terms: Net 30 days from date of shipment
*Shipping: Included
"Taxes: Estimated Included
Givt41210 Pc�o Y+.aslca
Gina Prohaska- Account Manager
Mobile: 714- 392 -0321
gprohaeka@econolite.com
Delivery: 8 weeks ARO,11 week Including outside test, approved credit terms and submittal approval
when applicable
3360 E. La Palma Ave. Anaheim, CA 92806
�saccanaaa�..rrc3 Ct°c fS Trorc�r+,ucea,:a•c_= urn!
aLIImR
L-L--b�a1stmra
Page 1 of 1
295
EXHIBIT B
INSURANCE REQUIREMENTS
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 Contract, 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 officers,
agents, employees and volunteers.
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 one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) 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) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
Insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Econolite Control Products, Inc. Page B -1
296
Contract, 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.
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 Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
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 Contracts 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 Contract.
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 Contract 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
Econolite Control Products, Inc. Page B -2
297
additional cost to Contractor, City and Contractor may renegotiate
Contractors 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.
D. Enforcement of Contract 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. Reauirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, 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.
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 sub -
consultant 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 Contract, or to suspend Contractors 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
Contractors performance under this Contract, 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.
I. Contractors Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Econolite Control Products, Inc. Page B -3
-
judgment may be necessary for its proper protection and prosecution of
the Work.
Econolite Control Products, Inc. Page B-4
299
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of Califomia, has awarded to
ECONOLITE CONTROL PRODUCTS, INC. hereinafter designated as the "Principal," a
contract for the purchase and installation of traffic signal control equipment, in the City of
Newport Beach, in strict conformity with the Contract 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 Contract 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 One
Hundred Forty -Seven Thousand Eighty -Three Dollars and 641100 ($147,083.64),
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the Contract;
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
Implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable 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 at seq. of the Civil
Code of the State of California.
Econolite Control Products, Inc. Page C -1
300
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Econolite Control Products, Inc. Page C -2
[boll
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ being at the
rate of $ thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
ECONOLITE CONTROL PRODUCTS, INC. hereinafter designated as the "Principal," a
contract for the purchase and installation of traffic signal control equipment in the City of
Newport Beach, in strict conformity with the Contract 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 Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
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 One Hundred
Forty -Seven Thousand Eighty -Three Dollars and 641100 ($147,083.64) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount of
the Contract, 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 Contract Documents 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 specked 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 Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Econolite Control Products, Inc. Page D -1
302
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by 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
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Econolite Control Products, Inc. Page D -2
08191
ACKNOWLEDGMENT
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
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)
OOZE
�ap4h
TRAFFIC SIGNAL
MODERNIZATION
CITY OF NEWPORT BEACH
►rc
Traffic Signal Modernization Phasing Exhibit
M � @YOBHI'a[
- elvVplp4p!
V
ATTACHMENT B
LEGEND
PHASES 1- 6!7 COA ET (%ffiC ALS)
POASE 6 PLAN.SEO CONSTRUMON (13 ffiGNALS)
I'tlASE 6 PCTOES 1'LANNIA CONST (16 MCNALS)
Ftl MI- !&]CCTV CA6188A3 COAIPLST (31 CAILEAS)
y� PNASE 6 PLANN80 CCl'V(6 CAIXEAS)
PNAEE B EL .. CCTV(!CAA "m
. COAPNL "WON9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C -5442
05/13/2014
305