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2021-04-13 - AGENDA REPORTS - ITS PHASES VI AND VII, PROJ C0054 AND C0052-ADDTL (2)
Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: G1 aO13 DATE: April 13, 2021 SUBJECT: INTELLIGENT TRANSPORTATION SYSTEM, PHASES VI AND VII, PROJECTS C0054 AND C0052 - APPROVE ADDITIONAL SCOPE OF WORK AND INCREASE SPENDING AUTHORITY OF EXISTING CONTRACTS DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Approve the revised plans and specifications for the Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052. 2. Extend the current contract and authorize an increased expenditure authority for professional services with Kimley-Horn and Associates, Inc., for the Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052, in the amount of $27,000 and authorize a contingency in the amount of $2,700, for a revised total contract amount not to exceed $469,628. 3. Extend the current contract and authorize an increased expenditure authority for construction costs with Crosstown Electrical and Data, Inc., for the Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052, in the amount of $800,000 and authorize a contingency in the amount of $80,000, for a revised total contract amount not to exceed $3,039,039. 4. Authorize staff to increase existing equipment contracts for each of the following vendors by $100,000 for the Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052: • McCain, Inc., for traffic signal controllers; • GridSmart Technologies, Inc., for incident management system equipment; Page 1 Packet Pg. 41 0 • Iteris, Inc., for video detection system equipment; and • Sensys Networks, Inc., for permanent count stations. The increase to all contracts will not exceed $400,000 in total and will not exceed the available budget. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND On June 9, 2020, the City Council awarded a construction contract to Crosstown Electrical and Data, Inc., equipment contracts to McCain, Inc., GridSmart Tehnologies, Inc., Iteris, Inc., and Sensys Networks, Inc., and extended the existing contract for engineering support with Kimley- Horn and Associates, Inc., for Intelligent Transportation System (ITS) Phases VI and VII. The total amount of the contracts was within budget, but below the funding threshold agreed to in the Prop C funding agreement between the City of Santa Clarita (City) and the Los Angeles County Metropolitan Transportation Authority (Metro) for the construction of ITS Phases VI and VII. The remaining Prop C grant funds are required to be returned to Metro if not expended by the City. Staff has worked with Metro to reach an agreement that allows the City to add fiber optic cabling and associated equipment at four additional locations. The additional scope of work will expand the City's fiber optic network at four locations: 1. Magic Mountain Parkway, between Tourney Road and the Los Angeles County Sheriff's Department substation at Magic Mountain Parkway; 2. Valencia Boulevard, between Tourney Road and The Old Road; 3. McBean Parkway, between the California Institute of the Arts entrance and The Old Road; and 4. Vista Canyon development connecting to Soledad Canyon Road/Sand Canyon Road (via Lost Canyon Road and Spnd Canyon Road). Staff recommends authorizing an increased expenditure authority for each of the existing construction, equipment, and engineering support contracts, as they do not currently cover the costs related to the additional work described above. This will allow the City to continue working with the existing contractors, using the same specifications and unit pricing provided in the initial contract. ALTERNATIVE ACTION Other action as determined by the City Council. Page 2 Packet Pg. 42 0 FISCAL IMPACT The combined available budgets for ITS Phases VI and VII, Projects C0054 and C0052, will provide adequate funds to support the recommended contracts. The expenditure accounts break down as follows: C0054232-5161.001 (AB 2766 Air Quality), C0054265-5161.001 (Proposition C 25% Grant), C0054260-5161.001 (Proposition C), C0052232-5161.001 (AB 2766 Air Quality), C0052265-5161.001 (Proposition C 25% Grant), C0052260-5161.001 (Proposition C), and C0052357-5161.001 (Landscape Maintenance District). ATTACHMENTS Location Map Proposal for Kimley-Horn and Associates, Inc. (available in the City Clerk's Reading File) Honor Contract Unit Pricing for Crosstown Electrical & Data, Inc. (available in the City Clerk's Reading File) Original Contract with Kimley-Horn and Associates, Inc. (available in the City Clerk's Reading File) Original Contract with Crosstown (available in the City Clerk's Reading File) Original McCain Quote (available in the City Clerk's Reading File) Original Gridsmart Quote (available in the City Clerk's Reading File) Original Iteris Quote (available in the City Clerk's Reading File) Original Sensys Quote (available in the City Clerk's Reading File) Page 3 Packet Pg. 43 0 DVMINOO NouonUISNOO (IHVMV - IIA 8 IA S3SVHd 'W31SAS NOI1V121OdSNV2111N3JIll31Nl) deW uoije:)o-j:juawy3euV � o a �Cv U Rl a I Uyry,O rybJ f�7 e�a S0 D--- RD �N 51 4 S. RAILROAD PVE wLLE�' +04 Q d r � nxvox 0 ryJryyb d ryOS�, lg m N C O -- � D U & m �O rn min c inZ �> u c J O 6 3 0 3 o 3 04- O O ° 0,- °A a O o t 3 r 3 O U UU cN m c r� N.�YCk c T g U U d U U > I I I Q I EXHIBIT B February 23, 2021 Terry Brice City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 Re: Ilntell lliigent'Trains Ipoirtatiion Systems (IITS) (Phase VII Project- Request foir Addiitiionall Services - Change Oirdeir #6 Dear Terry This letter requests your authorization for the following additional tasks, not included in our original contract for the Intelligent Transportation Systems (ITS) Phase VI Project, dated January 6, 2019 for project C0054. Kimley-Horn will provide additional Fiber Optic Design Plans at the following locations: • Installation of new fiber optic conduits and cables along Valencia Blvd from The Old Rd to Tourney Rd • Installation of new fiber optic conduits and cables along McBean Pkwy from The Old Rd to Rockwell Canyon Road. • Installation of new fiber optic conduits and cables along the Old Road from Calgrove Blvd to Towsley Canyon Rd • Kimley-Horn will provide encroachment permits for the following locations: • Encroachment permit for fiber optic conduits and cables along Valencia Blvd from the Old Rd to Tourney Rd • Encroachment permit for fiber optic conduits and cables along McBean Pkwy from the Old Rd to Rockwell Canyon Rd • Encroachment permit for fiber optic conduits and cables along the Old Road from Calgrove Blvd to Towsley Canyon Rd • Encroachment permit for fiber optic conduits and cables along Magic Mountain Pkwy • Encroachment permit for fiber optic conduits and cables along Sand Canyon Rd Our anticipated fee for these services is $27,000. These services are outside of the scope of our original contract dated January 6, 2019 and require your written authorization. These efforts were completed under the terms and conditions of our original contract. Please sign where indicated to authorize these additional services and email back to us at jean.faresaQki ley- horn.com cc: aya.bouchetaki ley-horn.com. Please call me if you have any questions or if you require any additional information at 213-354-9402. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Authorized By: Jean Fares, P.E. Sr. Vice President Accepted by: City of Santa Clarita By: (Member or Manager, as authorized) (Date) (Print or Type Name) (Date) EXHIBIT C 'l Jk ; -O EIVc�c'trIcaI a �n1114"I'-. clData, In. March 4, 2021 City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Valencia, CA 91355 ATTN: Mr. Terry Brice Serial Letter No.: 4379-006 RE: City of Santa Clarita, Intelligent Transportation System, Phases VI & VII SUBJECT: Agreement to Extend Contract Using Existing Contract Pricing Dear Mr. Brice: Crosstown Electrical & Data, Inc. (Crosstown) understands that the City of Santa Clarita has additional work that is similar to the work that we are now performing on the Intelligent Transportation System, Phases VI & VII contract. Crosstown agrees to perform additional work at the contract item prices for this contract for all similar additional work. Sincerely, AavidJ". `lfeermcrnce David P. Heermance, President Crosstown Electrical & Data, Inc. Contractor's License Number 756309 DIR Registration No. 1000000155 5454 Diaz Street Irwindale, CA 91706 Phone: (626) 813-6693 Fax (626) 813-6604 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A CON-6 Council Approval Date: June 9, 2020 Agenda Item: 8 Contract Amount: $19,600 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND KIMLEY-HORN AND ASSOCIATES, INC. FOR INTELLIGENT TRANSPORTATION SYSTEM PHASE VII, PROJECT C0052 This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ("CITY") and KIMLEY-HORN AND ASSOCIATES, INC. a civil design consultant ("CONSULTANT"), and is dated 8/17/2020 1. CONSIDERATION. (A) As partial consideration, CONSULTANT agrees to perform the Services listed in the SCOPE OF SERVICES, below; and (B) As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and (C) As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed nineteen thousand and six hundred dollars dollars ($ 19,600.00 ) for CONSULTANT's Services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit(s) " A " which is/are incorporated by reference. 2. SCOPE OF SERVICES. (A) CONSULTANT will perform Services listed in the attached Exhibit(s) " A " which is/are incorporated by reference. (B) CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the Services and provide the professional Services required of CONSULTANT by this Agreement. OAK #4825-1614-3692 v3 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A 3. PERFORMANCE STANDARDS. (A) By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. (B) CONSULTANT will perform its Services in a skillful manner, comply fully with all City established criteria, and with all applicable federal, state, and local laws, codes, and professional standards. (C) CONSULTANT will staff this Agreement with personnel qualified to adequately and professionally perform the Services. (D) CONSULTANT will not subcontract any portion of these Services without the CITY's prior written approval. (E) CITY's approval of any payment, or conducting of any inspection, reviews, approvals, or oral statements, or any governmental entity's certification, will in no way limit the CONSULTANT's obligations under this Agreement or CONSULTANT's complete responsibility for all Services hereunder. 4. PAYMENTS. (A) For CITY to pay CONSULTANT as specified by this Agreement and as provided in attached Exhibit(s) " A " , CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit(s) " A " ) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that Services during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. (B) CITY may withhold all or a portion of payment otherwise due in the event that Services are either improperly or not performed. 5. PROJECT COORDINATION AND SUPERVISION. (A) CONSULTANT will assign Jean Fares as CONSULTANT's Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY's Project Manager. CONSULTANT may change its Project Manager only with CITY consent. (B) CITY will assign Terry Brice as CITY's Project Manager, will be personally in charge of and personally supervise or perform the technical execution of the project on a day-to-day basis on behalf of CITY, and will maintain direct communication with OAK #4825-1614-3692 v3 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A CONSULTANT's Project Manager. CITY may change its Project Manager at any time with notice to CONSULTANT. 6. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current Services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT Services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 7. FAMILIARITY WITH SERVICES AND SITE. (A) By executing this Agreement, CONSULTANT represents that it has: (i) Carefully investigated and considered the scope of Services to be performed; and (ii) Carefully considered how the Services should be performed; and (iii) Understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. (B) If the Services under this Agreement are to be performed upon any site, or otherwise require CONSULTANT to access a site, by executing this Agreement CONSULTANT represents that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the Services under this Agreement. 8. TERM. (A) The term of this Agreement will be from 08/12/2020 to 06/30/2021 Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: (1) Completion of the Services specified in Exhibit(s) " A or (2) Termination pursuant to Section 17 TERMINATION. (B) Except as otherwise separately and expressly provided by the CITY in writing, the provisions of this Agreement shall survive any expiration, breach, or termination of this Agreement, and any completion of the Services. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any Services under this Agreement until: (A) CONSULTANT furnishes proof of insurance as required under Section 24 INSURANCE; and (B) CITY gives CONSULTANT a written notice to proceed. Should CONSULTANT begin Services on any phase in advance of receiving written authorization to proceed, any such professional Services are at CONSULTANT's own risk. OAK #4825-1614-3692 v3 3 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A 10. SCHEDULE OF PERFORMANCE AND EXTENSIONS. (A) Should the progress of the Services under this Agreement at any time fall behind schedule for any reason other than excusable delays CONSULTANT shall apply such additional manpower and resources as necessary to bring progress of the Services under this Agreement back on schedule and consistent with the standard of professional skill and care required by this Agreement. Time is of the essence in the performance of this Agreement. (B) Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted Services. If delay occurs, CONSULTANT must notify the CITY's designated representative within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted Services. 11. CHANGES. CITY may order changes in the Services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the Services will be determined in accordance with written agreement between the parties. 12. ADDITIONAL SERVICES (A) The CITY may request CONSULTANT to provide Services in addition to Scope of Services, called "Additional Services". Additional Services that incur additional costs (contingency) of up to 15% of the total contract amount must be authorized by CITY by change order or other documented means. Costs beyond this amount must first be approved by CITY in accordance with applicable thresholds and procedures. Additional Services must be authorized by CITY in writing prior to performance. CONSULTANT shall be compensated for Additional Services as set forth in Exhibit(s) " A " or as specified in the written authorization. (B) If CONSULTANT believes Additional Services are needed to complete the Scope of Services, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed additional Services, reasons for such additional Services, and a detailed proposal regarding cost. CITY is under no obligation to approve any increase in the agreed -upon costs for the performance of this Agreement. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement. 14. SITE INSPECTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT CONDITIONS. The discovery, presence, handling or removal of hazardous substances is outside of CONSULTANT's expertise, unless otherwise specified in Exhibit(s) " A " , and is not included in the scope of Services. Should CONSULTANT discover any hazardous material, or latent or unknown conditions that may materially affect the performance of the Services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. OAK #4825-1614-3692 v3 4 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A 15. PREVAILING WAGES. CONSULTANT shall comply with the California Prevailing Wage Law to the extent it applies to work performed under this Agreement. If applicable, CONSULTANT shall pay prevailing wages to its employees and shall comply with the additional provisions set forth below: (A) CONSULTANT shall pay prevailing wages to its employees on any agreement when required by applicable law. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County's Capital Projects Office and may be obtained from the California Department of Industrial Relations website iq p.;//www d11 ca gcvZQ. 11Z1 C q�lc e. et.cr��i�lat:zc��l.i��tn�. CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. (B) CONSULTANT acknowledges and agrees that it will comply with AB 1768 (effective January 1, 2020), which amended and expanded the definition of "construction" for which prevailing wages must be paid to include "work performed during the design, site assessment, feasibility study, and other pre -construction phases of construction ... regardless of whether any further construction work is conducted... " (C) CONSULTANT shall forfeit, as a penalty to Owner, the penalty or penalties as provided by the California Labor Code, for each laborer, workman, or mechanic employed in performing labor in and about the Work provided for in the Agreement for each day, or portion thereof, that such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under the Agreement by him or her or by any Subconsultant under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The sums and amounts which shall be forfeited pursuant to this Paragraph and the terms of the California Labor Code shall be withheld and retained from payments due to CONSULTANT the California Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by Owner. The Labor Commissioner pursuant to California Labor Code §1775 shall determine the final amount of forfeiture. (D) CONSULTANT shall insert in every subcontract or other arrangement which CONSULTANT may make for performance of Work or labor on Work provided for in the Agreement provision that Subconsultant shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code. OAK #4825-1614-3692 v3 5 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A (E) CONSULTANT and Subconsultants must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Agreement Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776. The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of CONSULTANT as required by Labor Code Section 1776. This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. 16. WAIVER. CITY's review or acceptance of, or payment for, Services or product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 17. TERMINATION. (A) Termination for Convenience. CITY may terminate this Agreement at any time with or without cause by written notice to CONSULTANT. (i) CONSULTANT will be entitled to recover its costs expended up to the termination plus reasonable profit thereon to the termination date not to exceed the total costs under Section 1(C), but may recover no other loss, cost, damage, or expense. (B) Termination for Cause. CITY may terminate this Agreement in whole or part for default should CONSULTANT commit a material breach of this Agreement, and such breach has not been cured within fifteen (15) calendar days of the date of CITY's written notice to CONSULTANT demanding such cure. In the event CITY terminates this Agreement for default, CONSULTANT will be liable to CITY for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination. (C) Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any Services performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such Services. (D) Upon a termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will become CITY's property and CONSULTANT will delivery any such items in its possession to CITY within thirty (30) days of termination. (E) Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms Services similar to those terminated. OAK #4825-1614-3692 v3 6 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A 18. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's Services for purposes other than identified in this Agreement is at CITY's own risk. 19. PUBLICATION OF DOCUMENTS. Except as necessary for performance under this Agreement, CONSULTANT will not release copies, sketches, or graphs of materials, including graphic art services, prepared pursuant to this Agreement to any other person or public entity without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 20. INDEMNIFICATION AND LIABILITY. (A) To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT's performance of Services under this Agreement, or any part thereof, (including any additional services authorized by CITY in writing) (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT's duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT's proportionate percentage of fault (except as otherwise provided in section 2782.8). (B) The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. OAK #4825-1614-3692 v3 7 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A (C) CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 21. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT or any subconsultant's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 22. INDEPENDENT CONTRACTOR. CONSULTANT shall at all times be deemed an independent contractor wholly responsible for the manner in which it performs the Services, and fully liable for the acts and omissions of its employees, subconsultants and agents. Under no circumstances shall this Agreement be construed as creating an employment, agency, joint venture or partnership relationship between CITY and CONSULTANT, and no such relationship shall be implied from performance of this Agreement. Terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of Services only, and not as to means and methods by which such a result is obtained. CONSULTANT shall pay all taxes (including California sales and use taxes) levied upon this Agreement, the transaction, or the Services and/or goods delivered pursuant hereto without additional compensation, regardless of which party has liability for such tax under applicable law, and any deficiency, interest or penalty asserted with respect thereto. CONSULTANT shall pay all other taxes including but not limited to any applicable City business tax, not explicitly assumed in writing by CITY hereunder. CONSULTANT shall comply with all valid administrative regulations respecting the assumption of liability for the payment of payroll taxes and contributions as above described and to provide any necessary information with respect thereto to proper authorities. CONSULTANT has no authority to bind the CITY. 23. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all Services and matters covered under this Agreement. Those records include, without limitation, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its services under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement. CITY and its designees will have free access at all reasonable times to such records, including the right to audit, examine, and make copies, excerpts, and transcripts from such records, and to inspect all program data, documents, proceedings and activities. If CITY receives funds from another governmental entity for the payment in whole or part of the Services, that governmental entity will have all rights the CITY has under this Section. CONSULTANT will retain all records subject to this Section for at least three (3) years after termination or final payment under this Agreement. 24. INSURANCE. [All insurance terms subject to review and approval of City Risk Manager] (A) Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits OAK #4825-1614-3692 v3 g DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A Commercial general liability: $1,000,000 Professional liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement (B) Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. (C) Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. (D) CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with California -admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least "A XIL" (E) Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. (F) Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to contract language. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under the Agreement, City may terminate this Agreement immediately with no penalty. OAK #4825-1614-3692 v3 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A (G) Should CONSULTANT'S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. (H) The CITY shall be entitled to any coverage in excess of the minimums required herein. 25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the Services, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the Services remaining and a description of the Services to be done before the next schedule update. 26. DISPUTE RESOLUTION. (A) In the event of any dispute between CONSULTANT and CITY regarding any claim, demand or request by CONSULTANT for time, money, or additional compensation for any reason whatsoever CONSULTANT shall submit to CITY, within 21 days of CONSULTANT's first knowledge of the dispute, a written description of CONSULTANT's claim, demand or request that provides a narrative of the pertinent events, the contractual basis of the CONSULTANT's position, pricing calculations (if applicable) and attaches supporting documentation. CITY will then review the issue and make a decision thereon. If CONSULTANT shall fail to provide timely notice of any such claim, demand or request, then CONSULTANT shall waive is rights to such claim, demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice to CITY resulting from such late notice. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT's failure to continue work during a dispute shall be a material breach of this Agreement. (B) If the CITY denies CONSULTANT's claim, demand, or request in whole or part and CONSULTANT disagrees, and the claim, demand or request exceeds $50,000 then the parties shall, as a precondition to initiating litigation, submit the dispute claim, demand, or request to the Los Angeles JAMS office for non -binding mediation under the appropriate rules. The parties may agree to any other dispute resolution process. Nothing herein will limit CONSULTANT's obligation to timely submit to CITY a statutory Government Code Claim, in accordance with Government Code sections 910 et seq. 27. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: If to CITY: Kimley-Horn and Associates, Inc. City of Santa Clarita ATTN: Kenneth W. Striplin, City Manager 23920 Valencia Boulevard, Suite 300 ATTN: Jean Fares, Sr. Vice President Santa Clarita, CA 91355 660 S. Figueroa St. Ste 2050 Los Angeles, CA 9007 OAK #4825-1614-3692 v3 10 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A Any such written communications by mail will be conclusively deemed to have been received by the addressee three days after deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 28. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 27 NOTICES of any staff changes relating to this Agreement. (A) In accomplishing the Scope of Services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection (B), will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection (B). Fos F Initials of Consultant (B) In accomplishing the Scope of Services of this Agreement, CONSULTANT will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT's Services product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT personnel shall be subject to the Disclosure Category "I" of the CITY's Conflict of Interest Code: 29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 30. THIRD PARTY BENEFICIARIES. CONSULTANT's subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that CITY is deemed an express third party beneficiaries of their subconsultant agreement. Nothing in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement. OAK #4825-1614-3692 v3 I I DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A 31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California. The exclusive venue for any action involving this Agreement will be in Los Angeles County. 32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties with respect to the subject matter hereof. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are (one ) Exhibits (s) to this Agreement. To the extent of a conflict between this Agreement and one of the Exhibits, the terms of the Agreement shall take precedence. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 33. RULES OF CONSTRUCTION. Each party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either party. 34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 35. AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary action has been taken by the parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. To the extent of any contingency above the original Agreement amount previously approved by the CITY's City Council, additional Services may be added to this Agreement by an additional authorization executed by both parties. This Agreement may be otherwise modified by written amendment, which generally requires approval of the CITY's City Council. CITY's City Manager, or designee, may execute any such authorization or amendment on behalf of CITY. 36. CAPTIONS. The captions of the sections and paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. DELAY. CONSULTANT shall complete all Services required by this Agreement within the times specified in the Agreement, except where (1) an event outside of CONSULTANT's reasonable control causes a delay and (2) CONSULTANT promptly advises CITY of such delay (such prompt notice to occur no more than 15 days after the first occurrence of the delay). Such events shall be limited to: acts of neglect by CITY or CITY's agents or by consultants when acting at CITY's direction; breaches of this Agreement by CITY; Acts of God such as fire and flood; explosion, acts of terrorism, war and embargo; and other similar causes beyond the Parties' reasonable control. In the event of an excusable delay the City may elect whether to terminate this Agreement or extend the time for performance. OAK #4825-1614-3692 v3 12 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A 39. PROTECTION OF RESIDENT WORKERS. The CITY actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S., and aliens authorized to work in the U.S.). The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (Form I-9), reviewing required proofs of both identify and employment authorization, and retaining the Form I-9 for the required period. Updated form I-9 information is available at www.uscis.gov. The CONSULTANT shall establish appropriate procedures and controls so no Services or products under the Agreement will be performed or manufactured by any worker who is not legally eligible to perform such Services or employment. 40. FACSIMILE OR ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The parties agree that this Agreement may be transmitted and signed by facsimile or electronic mail by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. 41. STANDARD SUPPLEMENTAL PROVISIONS. Notwithstanding Section 32 ENTIRE AGREEMENT above, the following Standard Supplemental Provision(s), attached to this Agreement, is(are) incorporated herein by this reference and takes precedence over any conflicting provision of this Agreement: [Insert name of any applicable SSP(s), and attach only that SSP(s)—omit remaining SSP(s). Insert "None" if applicable.] None [SIGNATURES ON NEXT PAGE] OAK #4825-1614-3692 v3 13 DocuSign Envelope ID: 131 B37CAA-DB10-473A-AEBO-F51 BCFC8526A IN WITNESS WHEREOF, the parties hereto have executed this contract on the date set forth below. 8/17/2020 FOR CONSULTANT: �ocuSigned by: j By: 'ls" `"'l 49B0D5F6CBFE49F... Jean Fares Print Name & Title Date: 8/13/2020 Sr. Vice President FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER [-�DOGUS'Igned by: By: V'" ovu('jb Date: 8/17/2020 APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY by: By: 5DOCUSIgned 6s ��BBL At. § d� Kh's 1 EH l.l.�9nCy ... Date: 8/17/2020 IF CORPORATION: P4BIEI""8DME7 uSigned by:.� /By:(... Alyssa Phaneuf Associate PE 63123 Print Name & Title Date: 8/17/2020 OAK #4825-1614-3692 v3 14 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Council Approval Date: June 9, 2020 Agenda horn: 8 ContmO Amount $1,877,425 ;i� 111" 11 111; 1 1 1 1 1 101 l�� 1�111!! 1�11 .............. This AGREEMENT is made and entered into for the above -stated project BY AND BETWEEN the CITY OF SANTA CLARITA, as CITY, and CROSSTOWN ELECTRICAL & DATA, INC. ws CONTRACTOR. millwa", That contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings, appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarif�ing or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. kwl 11 V]V ral moms I 10RIC414tal CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for fumishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences jn�grwz vj �P:i*jkk* for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 11,1evisedi MO 116 Page 11 OF 8 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 herebyCITY promises and agrees to employ, and does herebyr,r ; CONTRACTOR te provide the materials, do the work, and fulfill the obligations acc1 M to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE 4 action, proceedings, damages, 1costs,and expenses o, whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or towhich Indemniteesbecome ! byreason arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this 1, vi. #, {y,CONTRACTOR, agents,officers, Agreement,directors, employees,r d in performing 1'Agreement. reasonIf any action or proceeding is brought against Indemnitees by of any of the matters CONTRACTOR,against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, • from City, shall defend a w. at its expense b counsel acceptable N. City, such acceptance1 Ir , unreasonablyM need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order be r indemnified. The limits of r be maintained N,CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or ors of this agreement. The provisions of this st do not apply n g as a result of the City's active negligence or acts of omission. OR 11AIJ, N forthCONTRACTOR affirms that the signatures set ,. _ of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal kevised "7120118 Page 2 or 8 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 professional conduct, if any, applicable to the services provided. CITY shall not be responsible for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR and nothing contained herein shall be construed osoas making the CONTRACTOR, or any individual whe cmpensation for services is paid by the CONTRACTOR, an agent or employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. Fat-Wol CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the a' in rance is cancele the NTRr , 1 rior to the cancellation date submit to the pt w4111 the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. RcAsed W20 1 iS Pgq.�,c 3 of 8 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 141=111 I " 11 ill . Is 1. 1 1 " t a, agreement, City may cancel the Agreement immediately with no penalty. CONTRACTOR must ensure that there is no lapse in coverage. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insuranc4 shall not be construed as limiting in any way the extent to which the CONTRACTOR may b—P held responsible for the payment of damages to persons or property resulting from th% CONTRACTOR's activities or the activities of any person or persons for which th* CONTRACTOR is otherwise responsible. I- t N *, 1, 11, 1,001111111 MMUM, The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arisinq from any injuries or occupational diseases happening to any worker employed by tb-z, CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. "I r6=111FUTERRIFF111 e L 'CTFX—sffa-ff - 11 —TE LIM e procure ano maintain, at its soi y AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. RmrilsedMdiolk) Page 4 of 8 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Pursuant to Senate Bill 542, chaptered in 1999,Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary.4- comply with EDD regulations. ARTICLE " This AGREEMENT be effective for a period "gi4'. the date shown in the Notice tt* Proceed,d r,.i" on 35 days "' the date of recordationof soorcrtenlirAV,4. 1, modification, amendment or otherchange in this AGREEMENTany provision hereof authorizedshall be effective for any purpose unless specifically set forth in writing and signed by duly representatives of the parties hereto, This AGREEMENT may be y #L with I causewithout CONTRACTOR, ,, advance reduction of services shall require notice agreed in writing between CONTRACTOR and of CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the noticetermination. l 1, limitation, w oI " M insist uponperformance all covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, exercise otherwise provided for herein. Governing Law Revd 712016 p age ,"ro mad' 8 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 III 1111pil ;J11 In #74177=11 TM L4=0 CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including City's Labor Compliance Program. CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. PrevailingYages If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per them wages are available upon request from CITY's Engineering Division or the website for State of California prevailing wage determination mi thejob site. This contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statutes and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). IT= Rcvi!xd7(2W6 Page 6 or 8 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 The City of w,u,'M; Clarita activelysupports the Immigration and Nationality Act (INA) which includes"''i M addressing ment eligibility, employmentand nondiscrimination.dthe INA, employers may hire only persons the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity # employment eligibilityof anyone to be hired, completingwhich includes ', Employment ig iVerification° o-Contractor shalla appropriate procedures and controls so no services 1"'products d' '' Contract Documents will be performed or manufactured by any worker who is not legally eligibleo perform such services or employment. The Parties agree that this Agreement may b. transmitted # signed by electronicby either/any or both/alboth/all Parties,and ,, 1; effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section li DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 1. 1., 1, N I to 3e execu eu in uup, icate Dy seum IF names u nues on In 6/19/2020 33111THYAMI "I , I �11' �A I , I � � � 11 9 1 11 1 01 Address: Phone & Fax No. . ......... ............ 7;.4 ALL SIGNTUR AES MUST BE SignedBy-- 10 WITNESSED BY NOTARY Print Name & Title: —David Heermance, President CONTRACTOR'S License No. 756309 DOGUSigned by; Date: 6/19/2020 �634&yonCity Manager of the City of Santa C I a r i t a DocuSigned by, Approved as to Form: Date: 6/18/2020 E',uio—it,�wmey 05r ............ the City of to Clarita Rr,wiscd 7)2016 13 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 ll Ill'' 1 11 11 r III .................. I ................ I.I.I.I.I.I.I.I.I.1-1-..,.,.,..,-,—,.,.,.,.,.,.,.,.I.I.I.I.I.I.I.I . . ........... �1.1.1.1.1 . ..... .1.1.1.1.1.1.1.1.1.11 . ..... . ................................................ . . . . ........... . . . . . 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 t document. State of California Los Angeles County of On June 11, 2020 before me, Shalea Berry, Notary Public (insert name and title of the officer) versonally appeared David Heermance jiijjilqi�� li l Ill!!I his/hIWMW authorized capacity(i1w), and that by his/PWWir signature(N) on the instrument the person(S), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregointv� paragraph is true and correct. SHAUA BERRY Nakary Pub4c , CMffornw 1xis Angelles County Ciammmuon - 22812.72 MV Ciamm, Expere� Me 16 2023 M= I a Docu Sign Envelope I D: 7 D E 1 860D- E E07-4258-AA78-E996AF73A FC9 �.ggILITY INSURANCE DATE(MM/DD/YYYY) 06/11/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LICENSE NO. 0637431 CONTACT PATRICK MCRAE NAME: PATRICK MCRAE INSURANCE SERVICES 1265 N. MANASSERO ST. SUITE 303 a/CC N Ext: (714) 779-6999 A/c No: (714) 779-6903 E-MAIL ADDRESS: sc ADDRESS: p• blobal.net � g INSURER(S) AFFORDING COVERAGE NAIC# ANAHEIM HILLS, CA 92807 INSURERA: CRUM & FORSTER SPECIALTY INSURANCE 44520 INSURED INSURERB: INSURANCE COMPANY OF THE WEST 27847 wsURERC: INTEGON NATIONAL INSURANCE COMPANY 29742 CROSSTOWN ELECTRICAL & DATA, INC. INSURERD: ATLANTIC SPECIALTY INSURANCE COMPA 27154 5454 DIAZ STREET IRWINDALE CA 91706 INSURERE: GREAT AMERICAN INSURANCE CO. 16691 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WV D POLICY NUMBER POLICY EFF MM/DD/YYY POLICY EXP MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL0065967 06/03/2020 06/03/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR XCU DEDUCTIBLE $5,000 PER OCCURENCE DAMAGE TO RENTED PREMISES Ea occurrence $ 100 000 X MED EXP (Any one person) $ 5,000 X OCP PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 RO- POLICY �X jECT LOC PRODUCTS - COMP/OPAGG $ 2,000,000 EBL $ 1,000,000 OTHER: C AUTOMOBILE LIABILITY X X 2005675448 11/05/201911/05/2020 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ - ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ - X PROPERTY DAMAGE Per accident $ - X NON -OWNED HIRED AUTOS AUTOS E UMBRELLA LAB X OCCUR TUE 2572052 02 06/03/2020 06/03/2021 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE UNDERLYING LIMITS: GL; AL; EL POLICIES X AGGREGATE $ 10,000,000 X DED RETENTION$ 0 _ $ _ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A x WVE 5030354-05 06/03/2020 06/03/2021 X SPER TATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D PROPERTY & CONTRACTORS 710039414 $1,000 DEDUCTIBLE 05/10/202005/10/2021 1,413,849 Buildings $300,000 BPP $1,418,658 Property off Premises $300,000 Leased BPP EQUIPMENT COV. INCL. THEFT $30Q000 BI DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required CITY OF SANTA CLARITA, ITS OFFICIALS, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE ABOVE MENTIONED POLICIES PER ATTACHED ENDORSEMENT(S). COVERAGE IS PRIMARY & NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT, PER ATTACHED ENDORSEMENT FORMS. WAIVER OF SUBROGATION APPLIES, IF REQUIRED BY WRITTEN CONTRACT. * SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, A 30 DAY WRITTEN NOTICE WILL BE ISSUED. PROJECT NAME: INTELLIGENT TRANSPORTATION SYSTEMS PHASES VI & VI PROJECT NO.: C0054 & C0052 PROJECT LOCATION: VARIOUS LOCATIONS SANTA CLARITA, CA JOB NO.: 4379-20 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA CLARITA 23920 VALENCIA BLVD. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SANTA CLARITA, CA 91355 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �y © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Policy Number: GL0065967 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 04 13 © Insurance Services Office, Inc., 2012 Pagel of 2 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Policy Number: GL0065967 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to required by a contract or will pay on behalf of the amount of insurance: the additional insured is agreement, the most we additional insured is the 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 POLICY NUMBER: GL0065967 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 0 m cn co °' CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by CFS IC-GL-1002(10/2015) DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 (Ed, "0) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, (This agreernent applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation prerrtium otherwise due, Schedule Person or Organization Job Description ANY PERSON / CRC ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective or) the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 0 6 / 0 3 / 2 02 0 Policy No. WVE 5030354 0 5 Endorsement No, Insured CROSSTOWN ELECTRICA1 & DATA Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST COUntersigreBY---.-- 1N,%JRf:'D DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Policy No.: 2005675448 Integon National Insurance Company This Endorsement Applies Only If Form Number 10141 (01012014) Appears on the Declarations Page. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED All the provisions of this Policy apply except as modified by this endorsement. Any coverage afforded under PART A > LIABILITY COVERAGE of this Policy for a covered auto shall also apply to the individual or organization listed on the Declarations Page as an additional insured subject to the following provisions: We will pay compensatory damages for which the additional insured is legally liable due to bodily injury or property damage caused by an accident arising out of the operation of an auto covered under PART A > LIABILITY COVERAGE. We will pay under this endorsement only if those damages arise out of the acts or omissions of an insured as defined under PART A and then only to the extent of that liability. 2. The designation of an additional insured on the Declarations Page shall not increase our limits of liability under PART A of this Policy. We also agree with you that insurance provided by this agreement will be excess insurance over any other applicable insurance, self-insurance or bond. 4. All language in the LIMITS OF LIABILITY section of this Policy referencing a permissive operator is deleted. DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Integon National Insurance Company This Endorsement Applies Only If Form Number 10379 (01012014) Appears on the Declarations Page. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION All the provisions of this Policy apply except as modified by this endorsement. Policy No.: 2005675448 Effective: 11/05/2019 This endorsement is issued to: CROSSTOWN ELECTRICAL & DATA GENERAL PROVISIONS OUR RIGHT TO RECOVER PAYMENT section will not apply to: CITY OF SANTA CLARITA 23920 VALENCIA BLVD. SANTA CLARITA, CA 91355 - �DocL;Sign-Envelope 'ID: -i6ETgjdCFECOi-4Y56 -Wi76--E646iF'73AFC9 PROPOSAL FORM Bid #ENG-19-20-CO052 Intelligent Transportation System, Phases VII & VI City Project No. C0052 & C0054 City of Santa Clarita, California BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents, If this proposal is accepted for award, BIDDER agrees 't Mill, at t�-p u,it acd/or lu-na su.-a grices spt fiojOm It 6P fail! %yi-tq94IUI-F. 211DE2 the proposal guarantee accompanying this proposal. are solel for the ouroose of comDaring —bbids. and that final cc if awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing t $77 Company Name: Crosstown Electrical & Data, Inc. Irwindale, CA 91706 BY: David P. Heermance Print Name Title: P r e s;� L. ----------- Signature: Date: 5/11/20 0 000uSign Envelope ID: 7oE1a000'EEo7-4ona+AA7a E996AF73AFc9 ADDENDUM NO. I For City of Santa C[aritaInvitation to Bid ENG-I9-20'CO052 Intelligent Transportation System, Phases VVU& VI 4oh114,2020 This addendum must be acknowledged via BidNet and should be included with the bid response. 1. The project description has been revised toreflect the following: Generally, the Scope of Work to be performed includes, but is not limited to, furnishing and installing conduits and fiber optic cables toclose existing communication gaps within the traffic signal network, installing new CCTV and video detection cameras, realigning and relocating existing video detection cameras to enhance detection for Adaptive Signal Operation. Refer to the project drawings for a more detailed description of the work. 2. City Hall is currently closed through Sunday, May 17, 2020 in response to the COVID-19 pandemic. Items specified inthe bid tobedelivered toCity Hall, Suite 120must bereceived VIA MAIL ONLY aLthe following address: City ofSanta Oarita ATTN:Purchasin8 Z392OValencia Blvd, Suite 12O Santa Clarita, CA 91355 BIDDER'S CERTIFICATE I acknowledge receipt of this Addendum No. I and accept the aforementioned. CROSSTOWN ELECTRICAL & DATA, INC. Company Name Bid "amsa9-2*om52 000uSign Envelope ID: 7oE1a000'EEo7-4ona+AA7a E996AF73AFc9 ADDENDUM NO.2 For City of Santa Clarita Invitation to Bid ENG-19-20-[D052 Intelligent TransSystem, Phases VIU& VI This addendum must beacknowledged via 6|dNet and should beIncluded with the bid response. There was anon-mandaton6 meeting virtually via Zoom onApril 15, 2O2Obeginning at 10:00 a.m. to discuss the required scope of work. Attending staff: * TenyBricm—AssmjateEngineer,Pub|icVVodm * [esarRomo—TrafficSigno| System Administrator, Public Works * Mary Alice Doxa||—Labor Compliance Specialist, Public Works * Melody Qart|ette—Buyer, Administrative Services ° Maya Bouchat-0m|ey'Horn * JeanFares—Kim|ey-Horn * Kyle McGowan —Kim|ey-Hm,n The following vendors were in attendance: ° Arno|dTostado—Taft Electric Company The following was reviewed: • Project Overview/Scope mfVVork • Please note that this is two project phases being combined into one bid. For accounting purposes, the correct project nunnbermnustbenmtedona||contractinvoimes. � Labor Compliance (for any questions, contact Mary Alice 8oxa8at ) • CCTV'srnustbeyupp|iedbythermntnactor- w No splicing of signal interconnect cable /S|[\ shall be permitted unless approved by Project Engineer. • Lead time for fiber optic cable isapproximately 16weeks. Corning has avery large order of4]2 SK4F[J cable which could potentially affect the project with extensive lead times. City staff had conversations with Corning representatives tosecure the fiber for this project. As soon as the projects is awarded, the contractor will need to order the fiber toguarantee shipment of fiber within 1Gweeks. Bid wxmm'zo-2o-Cooux t DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 25-year system warranty. The following questions were asked and answered: 1. Q. Is this meeting mandatory? A. No. 2. Q. Is NPI required to bid? A. Yes. BIDDER'S CERTIFICATE I acknowledge receipt of this Addendum No. 2 and accept the aforementioned. 05/11/2020 'Contractor's r6`pWsenta`tiv1 Date CROSSTOWN ELECTRICAL & DATA, INC. Company Name THIS PAGE OF THE DOCUMENT IS TO BE SUBMITTED WITH THE BID RESPONSE. Bid # ENG-19-20-CO052 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Bond No. CSBA-,,13798 PROPOSAL GUARANTEE BID BOND Bid 4ENG-19-20-CO052 Intelligent Transportation System, Phases VII & V City Project No. C0052 & C0054 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that Crossti: )wn Electrical & Date, Inr as BIDDER, ane 1�id�efian�dQe o�sitQom �an of �M"� and —as SURETY, are held and firmly bound unto the City of Santa Oarita, as CtTY, in the penal sum of dollars ($10% .), which is ten percent (10%) of the total amount bid by BIDDER to CITY for the abovenstated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. *Ten Percent of the Amount Bid THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to CITY for the above -stated project, if said bid is rejected, or if saipted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otheivise it shall remain in full force and effectin favor of CITY. 8th — D@y of _.. May 2020 No Ln,4- MW MIE!II 777 South Figueroa Street, Suite 3900 SUIRETY* f1defitY and Deposit Corn T222Lof Maryland Los Angeles, CA 90017, (213) 270-0600 Dwight Re0y, Attorney -in -Fact 14111 N. Satavia St., Suite 201, Cran e, CA 9286" 1714 I M 11-' 1232 Subscribed and sworn to this day of '20 NOTARY PUBLIC (SEAL) nurnlIel UUM16 UU111Ut, MUSIL dl�Jped� U�� UIL'_41 C's Department's most current list (Circular 570, as amended) and be authorized to transact busines in the State where the project is located, DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 ..... ........ — . ................. ............................................................... 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 State of California County of Orance before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared DWIC ht Reli who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 signature(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 foregoin( paragraph is true and correct. WITNESS my hand and official seal. "MN "W�GARQ )r —41'394 ORANY C��U�fl'y Ccjmm, ,L'Y 12 21' 02 Signature (Seal) Melissa Ann Vaccaro DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 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 Los Angeles County of On May 11, 2020 (insert name and title of the officer) personally appeared David Heermance who proved to me on the basis of satisfactory evidence to be the person(SO whose name(%) is/ subscribed to the within instrument and acknowledged to me that he/executed the same in hjs1hWWMW authorized capacity(' ), and that by his/KfffflMir signature(1) on the instrument the person(6), or the entity upon behalf of which the person(g) 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) SHALEA BERRY Nowri Pubk • CaMorn ILM AnjeieS Coulltf DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Bond No CSBA� 13798 ZURICH ANEERICAN INSU11ANCE CONIPANY COLONIAL AMERICAN CASUALTY AND SURET)TOMPAN'r FIDELITYAND DUIOSITCONIPANN OF.NI.ARYLVND POWER OF V`I'TOWNEY KNOW' ALL ;wIEN BYTHESE PRESENTS: That the ZI ' MCH AMERICAN INSt.RANCE COMPANY, a corporation off' the State o Ne%�, York. the COLONIAL ANIERICAN CASUALTY AND SURETY CONIPANY. as corporation of the State o(Illinois. and the FIDELITY AND DE Posrr CONIPAN"t- OFNIARYLAND a corporation of the State or Illinois (herein coliccfivcl� caikd tire "Companies""), by y Robert D Murray, Viet: President. ni pursuance ofauthority granted by Article V, Section 8, ofthe By -Laws of said Compav nies, hich are set. fiorih on the reverse side hereof and are hereby certified to be in full force and effect on the date hercof, do hereby nominate. constitute, arid appoint Daniel HUCKABAY, Dv,,ight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D, STONG arid P_ NAP111, all of Orange, California, EACH its true and laivful aizent and Anornev-in-tact. to make, execute, sea] and deliver, for, and on its behalf 11.5 surety, arid as its act and deed: any and all bonds and ul�jcrtakings, and the execution of'such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies. as fully and arnpiy. to all intents and purposes, as it' they had been duly executed and acknowledged by the regulady elected officers of the ZURICH AMERICAN INSUILkNCE COMPANY at its office in New York, New York,, tile regularly elected officers of the COLONIAL AMERICAN CASUAL'"FY AND SURETY COMPANY at its office in Owinas Nfills. 'Marylanti" and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings.`vlifis. Nlaryland- in their own proper Persons. The said Vice President daces herefiv certiN that the extract set fiorth on the reverse side hereof is a true carr, of Article V, Section R. of the lly-Lmvs of said Companies, and is now in fierce, IN WITNESS WHEREOF. the said Vice-president has hereunto subscribed his/her names arid affixed retie Corporate Seals ot'rhe said ZURICH VNIERW-AN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURE"n' CON11"ANA, and FIDEUTYAN'D DEPOSIT COMPANY OFMARNTAND. this 15kil day oflanuary, A.D. 2020, AT ZURK ' 'H VNIERIC,0 UNSURANCE COMPAN) COLONIAL �VNIERJCAN CASU%LTVGA.Ni) SLJRE'I*N COMPANN HI)ELITY.01) I)EPOSITCOMP�%NYOF MiklkN LAIND - ------------- > BY Robert D, Wurrav 1'ice Prasident BY DawnE Brown Secretary State of Marviand County cifBalfirraore On this l5th day of January,. A D. 2U20, before the sabscriber. a Norary Puhl:c of the State of.Mwvland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. BrwAn. Secretary of the to me personafiv known to bt- thc mdivodtcils:and officers described in and who executed toe merciling instrument, and icknonfledged die t:riecution of same, and being, by me duly sxorn, deptiseth and smith. that he:she is the said officer of die Company affiresaid and that the scats affixed to the preceding instrument are the Corpotate Soals, ist'stud Companies, and that the said Corporate Seals and the munature as such officer %wre duly, affixed and subscribed to the said instrument by the authonry and direction of the said Corporations Iry ITSTIMONY WHEREOF, I ha,,,e hercumo sett my hand and affixed my 0fflctal Seal she day and ,year First UbOVe Vanten Constance A Dunn, Notary Public Nly Commismon Expires .July 9,2023 DocuSign Envelope ID: 7DE186OD-EE07-4258-AA78-E996AF73AFC9 BID SCHEDULE Bid NENG-19-20-00052 Intelligent Transportation System, Phases VII & VI This form must be submitted with all bids via BidNet.The total bid amount (CO052, C0054 AND ALTERNATES A, 6 & Q must be entered into the line items section of BidNet. If the total entered on this page conflicts with what is entered on BidNet, the number entered on BidNet shall govern. Bidders shall not input a price on lines that are grayed -out, as these items are being furnished by the City. City of Santa Clarita, California - Phase VII City Project C0052 Master Bid List BID ITEM NO. DESCRIPTION Teennical Space NO. EST CITY. UNIT UNIT PRICE TOTAL PRICE I Mobilization 12 1 LS 2 Traffic Control 13 1 LS $2mm $ 2'0� 3 Furnish and Install new 2070 LX Controller (By Others) 30 4 Furnish and Install new Conflict Monitor Model 2010 ECUp w/ Diode Card (By Others) 30 - ;5„, rEthernetSw wjtn24 umish,and Install newl'ibe, itch VPC P—ersupplyancLall Auxiliary_ Eg 6Tmere (By Others 31 6 Furnish and Install two (2) new SEP Traokelvers'(By others) 31 7 Furnish and Install Breaker in Controller Cabinet 19 5 EA $ZbO $ 1 j Furnish and Install new Edge2 Single Processor (By Others) 19 FLrd" and Install new iidgQ Dual, Processor (8y others) 14 7 Furnish bnd"Install 'n'teviEctemaon Modue(ay Others) 19 7 Install City Furnished new Iteris RZ-4 Advanced WDR Video Detection Camera Assembly 19 5 EA $ 1000 $ 7 Furnish and Install new ISOTEC Siamese videolpower hybrid cables for each new Video Detection Camera 19 S EA 7 Furnish and Install new Video Detection System Auxiliary Equipment (By, Others) 19 7 Reprogram/Realign Existing Video Detection Camera 19 53 EA $ 22,z $ jjq 7 Remove and Salva ' Salvage existing €terl9 Video Detection Processor and Equipment (By others) 19 a Furnish and Install new 7-Way FuturePath MicroDuct is 14,000 LF $ 257 $ 3'g-oc_c� 9 Furnish and Install new 3-Way FuturePath MicroDuct is 7,450 if $ 3* �s $ '2' ,;;-Ci 12- to 10 Furnish and Install new 1-Way FuturePath MicroDuct is 4,050 LF $ 2 •24P $ 11 Furnish and Install new 432 SMFO Trunk Une Cable 25 26,475 LF $ 2'q $ ISE 12 Furnish and Install new 12 SMFO Branch Cable 25 850 LF .$ 2' Ir $ 13 Furnish and Install new CATS (outdoor -rated) Cable 27 350 LF $2.ss- '$ 14 Furnish and Install new 3" HDPE Schedule 80 Conduit 14 so IF $11%3 $ 0 is Furnish and Install new 4" Galvanized Rigid Steel Conduit 14 1 IS $ locc>cl' 16 Furnish and Install Conduit Expansion Couplings 14 2 EA $ 2 17 Cut and Connect existing Conduit 14 1 EA 18 Furnish and Install new Detector Lead-in Cable (DLQ 26 2,400 "' $ 2 cc�'Ixp 19 Withdraw existing 144 SMFO from existing Conduit and re -install In new Conduit 24 125 LF $ $ 20 Withdraw existing Conduclor Cable and re -install in existing Conduit 24 350 LF 1$ $ 21 22 Withdraw existing SIC from existing Conduit Run (Complete) Remove and Salvage existing CCTV Camera and Cables (Complete) 24 21 350 1 LF EA $ $ i$ L $ 23 Remove and Salvage existing Pull Box (Complete) 22 27 EA $21S- $ 475T 24 Furnish and Install new C49 Pull Box (12") 16 25 CA $ V�w $ 25 Furnish and Install new C48 Pull Box (24") 16 33 I EA $ $ C5 ') 26 Furnish and Install new C48 Pull Box Lid 16 51 EA $ $ '2'0j+ C�o 27 Furnish and Install new C48 Traffic Rated Pull Box Lid 16 8 EA $35b $ '6o 28 Furnish and Install new Fiber Distribution Unit and all Auxiliary Equipment 28 7 EA .$ 116W $ y,2'ko()L) DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 29 Fusion Splice 12 SIVITO Cable to 96/144/432 SMFO Cable 25 8 EA %+0C, 30 Fusion Splice 96 SMFO Cable to 432 SMFO Cable 25 2 EA $2o(-tD '4' Oa 31 Fusion Splice 432 SMFC, Cable to 432 SMFO Cable 2S 1 EA $244C)O 2-LA o o 32 Furnish and Install new Coming Splice Enclosure 29 5 EA $ -100 $ 3S-00 33 Furnish and Install new side -mounted CCTV Camera Assembly and High PoE Midspan 21 1 EA $90co $ 9 Coo 34 Install City Furnished Gridsmart (new Automatic Incident Video Detection System -Complete) 20 10 EA 1$ $ 35 Communication System and Fiber Optic Testing 33 1 LS Ljs� 36 Furnish and Install Communication Equipment at Soledad Capyonituad and Klenroy Avenue (By 34 - - Others Fiber Switch, Power SuppIV, 2 SFPs, and Controller) 37 Furnish and install Communication Equipment at Sole,dad Canyon Road and Mammoth Lane (By 35 Switch' Power Supp)y, 2 SFps, and Controll2rj _2±!gL:jfq!er 38 Furnish and Install Communication Equipment at Valencia Glen Park 36 1 LS $ 39 Furnish and Install Communication Equipment at Valencia Meadows Park 37 I 1 LS SUBTOTAL AMOUNT BID IN FIGURES (PR( 9 %9 SUBTOTAL AMOUNT BID IN WORDS (PROJECT C0052 ONLY): a ffimd rerl ",,ALTERNATE C BID LIST' 46 Furplidtirt , clinstall new Fiber E hernetSwitch with 24 VDC Power Supply and all Auxlhary 6ufvmant: (4 'others) 11 41 Furrilith arid Install two (2) new Transceivers S I FIR (By I Offi&sj 1 31 42 Furnish and Install new 7-Way FuturePath MicroDuct is 2,675 LF 43 Furnish and Install new 432 SMFO Trunk Line Cable 25 3,025 LF .$6-1 $ I �zq 0 �0 44 Furnish and Install new 12 SMFO Branch Cable 25 250 LF $2. sk, I -Vo 45 Furnish and Install new 3" HOPE Schedule 80 Conduit 14 so LF $ 46 Furnish and Install new C48 Pull Box (24") 16 6 EA $ 47 Furnish and Install new C48 Pull Box Lid 16 2 EA $ %o $ c> 48 Furnish and Install new C48 Traffic Rated Pull Box Ud 16 4 EA $ 370 1 1 co 49 Furnish and Install new Fiber Distribution Unit and all Auxiliary Equipment 28 2 EA $ J?W, $ ? oS 50 Fusion Splice 12 SMFO Cable to 96/144/432 SMFO Cable 25 2 EA $ �0 oo 51 52 Furnish and Install new Corning Splice Enclosure Communication System and Fiber Optic Testing 29 33 2 1 EA L5 $ loo $ 1 100 $ flss 53 Furnish and Install new 4" HOPE Schedule 90 or Galvanized Conduit Stub -out 14 so LF $ i$ SUBTOTAL AMOUNT 810 IN FIGURES (ALTERNATE C ONLY): $ 1--,�q C1 SUBTOTAL AMOUNT BID IN W9RDS bau Y,edi-044 (ALTERNATE C ONLY): Wnlu V1, i"'I - �j J � DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 City of Santa Clarita, California - Phase VI City Project C0054 Master Bid list so. No. 54 DESCRIPTION Mobilization ehn cs Technics' spec" NO. 12 EST CITY. 1 UNIT LS UNIT PRICE $ .. TOTAL PRICE $ 55 Traffic Control 13 1 Ls 56i Fumish.andl Install new-2070 LX Controller (By Others)' 30 57 '.. Furnish and Install new Conflict Monitor Model 201Q EtUp wJ Diode Card (By Others) 30 Furnish and Ustall new 9ber Ethemet Switch with 24 VDC Power Supply and all Auxiliary 'ui ment B Others 3i 54 Furnish and Install two (2) new Transceivers SEP (By Others) '.. 31 60 Furnish and Install new 7-Way FuturePath MicroDuct SS 1.3,075 LF $ $ 61 62 Furnish and Install new 3•Way FuturePath MicroDuct Furnish and Install new 432 SMFO Trunk Line Cable 15 2.5 80 14,600 LF IT $ $ $ $ � '� D 63 Furnish and Install new 12 SMFO Branch Cable 25 835 LF $ $ 64 Furnish and Install new CA7'5 (outdoor -rated) Cable 2.7 355 LF $ °9 ° $ 65 Furnish and Install new 3" HDPE Schedule 80 Conduit 14 5o LF $ I $ 66 67 Remove and Salvage existing CCTV Camera and Cables (Complete) Remove and Salvage existing Pull Box (Complete) 21 22 3 3 EA EA $- $ $ CS $ t S "cE 68 Furnish and Install new C48 Pull Box (24") 16 42 EA $ 6 $ (r .4 69 Furnish and Install new C48 Pull Box Lid 16 39 EA $ $ cry 70 Furnish and Install new C48 Traffic Rated Pull Box Lid 16 4 FA s-t^r, $ 7T I.-ihand Ins tall new Fiber Distribution Unit and all Auxiliary Equipment 28 5 EA $ 6 $ 9 OC) C'� 72 73 Fusion Splice 12 SMFO Cable to 432 SMFO Cable Furnish and Install new Corning Splice Enclosure 25 29 7 5 EA EA $ $ (, $ $ 74 Furnish and Install new side -mounted CCTV Camera Assembly and High PoE Midspan 21 5 EA $C $ 75 76 Communication System and Fiber Optic Testing Furnish and install new 4" HOPE Schedule 80 or Galvanized Conduit Stub -out 33 14 1 80 EA LF $ jq6SO $ D $ ' 77 Fusion Splice 144 SMFO Cable to 432 SMFO Cable 25 1 EA $ °z 5 - aJ ['..di„„$ 78 Remove and Salvage Existing Wireless Access Point (Complete) 23 3 FA $ 5 79 Furnish and Install new Digital Radio Access Point (Complete) 1°7 12 EA $)5 I 80 Furnish and Install new APCC module, Isolator, and Wi-Fi Radio Antenna Assembly (Complete) with Travel Time Software Service 17 12 FA $ 5 ""T 81 Furnish and Install new two (2) Wireless Sensors with Epoxy 17 12 FA $ $ (,� t„ol 82 Furnish and Install new Wireless Repeater 17 12 EA $ $ a'":) C""3 83 Furnish and Install new Type 1-B Pole (15) with Foundation SUBTOTALAMOUNT BID IN FIGURES (PROJECT C0054 ONLY): $° SUBTOTAL AMOUNT BID IN WORDS (PROJECT (PROJECT C0054 ONLY): IL A _Wvmvt � 7 j t oa . - `-' DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 ALTERNATE 0 BID LIST 90 Furnish and Supply and all Auxiliary Install !ber Ethernet Switch with 24 VDC Power Su rn 31 91 Furnish ,rind ins6iltwo (2)ri4wTransceiveisSFP(By Others) 31 92 Furnish and Install new 7-Way Futurefath MicroDuct is 930 LF $ gtz> $ 93 Furnish and Install new 432 SMFO Trunk Line Cable 25 1080 LF $ 94 Furnish and Install new 12 SMFO Branch Cable 25 105 LF 95 Furnish and Install new Corning Splice Enclosure 29 1 EA $'I $ C> 96 Furnish and Install new CATS (outdoor -rated) Cable 27 30 LF $ $ 97 Furnish and Install new 3' HOPE Schedule 80 Conduit 14 is LF $ t200 $ 98 Furnish and Install new C48 Pull Box (24") 16 2 EA 3-2,71c) 99 Furnish and Install new C48 Pull Box Lid 16 2 EA $ 100 Furnish and Install new Fiber Distribution Unit and all Auxiliary Equipment 28 1, EA $ I -Zoo $ 101 Fusion Splice 12 SMFO Cable to 432 SMFO Cable 25 1 EA 102 Furnish and Install new side -mounted CCTV Camera Assembly and High PoF Midspan 21 1 EA SQ 103 Communication System and Fiber Optic Testing 33 1 EA $4-LW '$ SUBTOTAL AMOUNT BID IN FIGURES (ALTERNATE 6 ONLY): $ -12- q 41 SUBTOTAL AMOUNT BID IN WORDS (ALTERNATE B ONLY): Vj 0 11al &�,�J (-4u 00=979MIN TOTAL AMOUNT 810 IN FIGURES (00052, C0054 AND ALTERNATES A, 6 & Nnix-a 1; ,Le V&ffiqrs 6 - Contra kor'sRe,�rntative RE'.LEP'TRA& DATA, INC. Company Name 5/11/2020 Date_._...._.._ ate . . .. . .... . . . ....................... DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 TZBENREEMMM D12111r !!!1 1! 1 ro L" linimil, I Loll ga ]1401' 1:2 F-sym, 14 Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. lidder's Name: CROSSTOWN ELECTRICAL & DATA, State CONTRACTOR's License No. & Class: DIR No,: 1000000155 Original Date: 7/3/2014 Expiration Date: 06/30/2022 The following are the names, titles, addresses, and phone numbers of all individuals, firm membe partners, joint ventures, and/or corporate officers having a principal interest in this proposal: David Heermance, President �� 5454 Diaz St Irwindale, CA 91706 �� 626-813-6693 Wendy Parker, Vice President 1 5454 Diaz St Irwindale, CA 191706 1 626-813-66 Andrea Heermance, Secretary � 5454 Diaz St Irwindale, CA 91706 1 626-813-669 Ben Heermance, CFO �� 5454 Diaz St Irwindale, CA 91706 1 626-813-6693 rDocu-sign-Envelope ID: 715E-1-8-6-0-D-EE07-4258-AA78-E996AF73AFC9 11M All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows; N/A IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seah-- of all aforementioned principAltp�� day of taA± 202L. Signature @8WA#*M*MlI Name and Title of Signatory 5454 DIAZ STREET IRWINDALE, CA 91706 "RIM 626-813-6693 22-3611877l Telephone Number Federal Tax I.D. No SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED �;ubscribed and sworn to this day of 20 Notary Public (SEAL) 111" .':� "- I wpw- v, ---- "'m�"-V-Pym DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 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 Los Angeles Subscribed and sworn to (or affirmed) before me on this 11th day of May 20 20 , by David Heermance proved to me on the basis of satisfactory evidence to be the person(K) who appeared before me. SHALEA BERRY,_ Notary Pubtir - Caiiforma Los Arsgeles rounty Commission I Z281272 my Comm Expires mat 16, 2023 (Seal) —SIinature, DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 H= City of Santa Clarita, California CROSSTOWN ELECTRICAL 1. Submitted by: & DATA, INC " Telephone: 626-813-6693 4 Principal Office Address: 5 54 DIAZ STREET IRWINDALE, CA 91706 ' gufl�� E) C Corporation )n 5 Corporation 0 Individual/Sole Proprietor or Single —Member LLC U Partnership El Limited Liability Company "C" C-Corp U Limited Liability Company "S" S-Corp El Limited Liability Company "P" Partnership Q Other ZMRT� Date of Incorporation: 10 / 13 / 19 98 State of Incorporation: CALIFORNIA President's Name: DAVID P. HEERMANCE Vice -President's Name: WEND` PARKER Secretary or Clerk's Name: ANDREA HEERMANCE Treasurer's Name: BEND IN HEERMANCE 3b. if a partnership, answer these questions: Date of organizatiow N/A State Organized in: N/A . ............................................................................................ Name of all partners holding more than a 10% interest: — N/A Iresignate which are General or Managing Partners. N/A DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 BIDDER'S QUESTIONNAIRE (cont'd) Bid #ENG-19-20-00052 Intelligent Transportation System, Phases VII & VI City Project No. C0052 & C0054 City of Santa Clarita, California 4. Name of person holding CONTRACTOR's license: DAVID P. I-IEERMA14CE License number: 7 5 6 3 0 9 Class: . A, C-10 Expiration bate: 11/30/2020 D.I.R. Registration# 1000000155 5. CONTRACTOR's Representative: DAVID P . HEERMANCE Title: PRESIDENT Alternate: ANDREA HEERMANCE Title: SECRETARY 6. List the major construction projects your organization has in progress as of this date: F--1 Project Location: IMPERIAL HIGHWAY/ SR-90 CORRIDOR Typeof Project: INSTALLATION OF CONDUIT, FIBER CABLE, COMMUNICATION EQUIPMENT, CAMERAS, PULL BOXES B. 9rwner: CITY OF SAN DIMAS. Project Location: BORITAAT&kE1r- TIL-- Type of Project: INSTALLATION OF CONDUIT, PULL BOXES, FIBER OPTIC CABLE, ETHERNET SWITCHES, TIVIC EQUIPMENT C. owner: CITY OF YORBA LINDA -11roject Location: LAKEVIEW AVENUE/ LEMON DRIVE N I DocuSign Envelope ID: 7DE1 860D-EE07-4258-AA78-E996AF73AFC9 CERTIFICATION OF NON -SEGREGATED FACILITIES Bid #ENG-19-20-CO052 Intelligent Transportation System, Phases Vill & VI City Project No. C0052 & C0054 City of Santa Clarita, California MMITTTRIMM"r ETT-11-17-,777 I ff-C FC S - -a T+ I -.-,e 7& F W 0 =MT ML =e C W I fT of its establishments, and that it does not permit its employees to perform their services at any location, _ji ie _ _ 'T1 30A rimeriM, anu Mli 67-Mil MMM-J=A1FVT1UL- 141F Rb t!FTJR1U'JL-eb dFTT bt!6ferdIeU IdL111LIC- ' UT =L 5 not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER agrees that a breach • this certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areais, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The BIDDER agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from the provlsiopr6ft�e Equal Opportunit ,v,,dause, and that it will retain such certifications in its files. DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 DEBARMENT AND SUSPENSION CERTIFICATION (TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29) Bid #ENG-19-20-00052 Intelligent Transportation System, Phases VII & V1 City Project No. C0052 & C0054 City of Santa Clarita, California The bidder under penalty of perjury, certified that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager: is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 10 years. If there are any exceptions to this certification, insert the exceptions in the following space. n/a Exceptions will not necessarily result in denial of award but will be considered in determining bidde I responsibility. For any exception noted above, indicate below to whom it applies, initialing A dates of acticit. n/a NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification Is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. .. . ....... . ..... ... —11 --'V DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 AW �." IRIUMMM I TAWFM City Project No. C0052 & C0054 City of Santa Clarita, California This bidder& DATA, INC. , proposed subcontractor XXXXXX hereby certifie.- that it has — X , has not participated in a previous contract or subcontract su ect to the equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that it has X --, has no! Aled with the Joint Re.00 i Comm' and Director of Office of Federal Contract Complianc - a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. Company: 'CR STO N E;,.5FCT—RIQAV& DATA, INC. By: Title: PRE . I ENT Date: 05/11/2020 0 0 9 1 Its 0 ill (on IN Currently, the Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. DocuSign Envelope ID: 7DE1 860D-EE07-4258-AA78-E996AF73AFC9 This form is part of the Intelligent Transportation System Phase VII and A (Project If and C0054) issued by the City of Santa Clarita. Bidders must acknowledge receipt of this Exhibit in their bids. Failure to acknowledge and sign this Exhibit may cause a bid to be deemed incomplete and non -responsive. I CsFi (51 MVIRMTM f To ITIMI III RINI I ! 1 11 IF I �III ��I I � Company Name: CROSSTOWN ELECTRICAL & DATA, INC. [of, M Title: PRESIDENT Exhibit C, Page 1 of 1 INTELIIANSPORTATI)ON SYSTEM PHASE V11 AND V1 Pwied C0052 and COEL54 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 NON-COLLUSIONNON-COLLUSION AFFIDAVIT •#ENG-19-20-CO052 Intelligent TransportationPhases City Project r 01 it a City of r againstIn conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or • public body awardingthe contract of • _ interested in the proposed contract; collusivestatements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate • r DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Inte igen - a nsportatioF system, PhaS�S—T-W&11 City • No. C0052 & C0054 City • Santa Clarita, California STATE OF CALIFORNIA COUNTY OF LOS ANGELES DAVID P. HEERMANCE being first duly sworn •"•w and says that he/she the PRF ,STDF,NT (sole owner, a partner, president, etc..) CROSSTOWN e party making the foregoing bid; that su bid is not made in the interest of or behalf of any undisclosed person, partnership, company, associatio organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has n refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreemen communication • conference with anyone to fix the •r price • said BIDDER • of any other BIDDER, or• fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure a 0 4 Wiwii Wam WW'i ividual. e i or npr... au.;-q �ave a Qaj-Uerskin or otW r fiv2-rri- I I I M741WIMIAT1114 I Wrl • 101 IF TOM •- SM Title PRESIDENT Subscribed and sworn to and before me this day of 20 IEKI= DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 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 Los Angeles County of On May 11, 2020 before me, Shalea Berry, Notalry Public (insert name and title of the officer) personally appeared David Heermance who proved to me on the basis of satisfactory evidence to be the person(SO whose name(%) is/ subscribed to the within instrument and acknowledged to me that he/ gM" executed the same in his/hW#IW authorized capacity(4m), and that by his/Pff~ir signature(Al) on the instrument the person(4), or the entity upon behalf of which the person(g) 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 SHALE4 BERRY Ncwf Puboc -�� Ca"J 3Am"l Lcs Anjees County Cc,--is,on .7 2211272 mj ca'—m- Exp'-es Mal 16 2023 (Seal) I DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 REFERERCES Bid#ENG-19-20-CO052 "w w ProjectCity 1 1 - & C0054 City of " The following are the names, addresses, and telephone numbers of three public agencies for which bidder has performed and completed work of a similar scope and size within the past 3 years, If the scope of shall govern: 1. City of Pasadena ; 221 E. Walnut Street Pasadena, CA 91101 0 ,:. • m .._ David Phan 66-744-4194 Name and Telephone Number of Person Familiar with Project EDGE SWITCHES, HUB SWITCHES, $791,235.00 CORE SWITCHES, UPDATE FIBER 08/2018 - w w City of Santa Clarit'a ; 23920 Valencia Blvd. Santa Clarita, CA 91355 Cesar Romo 661-286-4002 Name and Telephone Number of Person Familiar with Project FIBER SPLICING, TERM/TEST, CCTV 764,475.00 ETHERNET SWITCHES, M' wI w 3. City of Lancaster 44933 North Fern Ave Lancaster, CA 93534 Name and Address of Owner / Agency Jonathan Robnett 661-945-889 Name and Telephone Number of Person Familiar with rof' ct FIBER, SWITCHES, VIDE®, $2,241,410.00 CCTV, WIRELESS COMMUNICATION 09/2018 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom bidder ,......dM procure insurance ww........w Surety Company: Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017; 213-270-0600 lZonding Company: CSBA - Commercial Surety Bond Agency Batavia St Suite 201, Orange, CA 92s Insurance Company: McRae Associates Insurance Services 1265 ManasseroSuite CA 303 Anaheim,92807 * * *. * k De Do-cuSig-n Envelope ID: —7D-E-1 8-60-D- 'E-E0'-7'4-2-5-8-A-A-7-8- E'-9-9-6A--F-7-3-AFC9 DESIGNATION OF SUBCONTRACTORS Bid # ENG-19-20-CO052 Intelligent Transportation System, Phases VII & VI City Project No. C0052 & C0054 City of Santa Clairita, California Subcontractor DIR Registration No. Dollar Value of Work - q*1, Inc, -!Wiw�lrafk 10000 OK- ----------- nv' ---------- il-110 Age of firm: DBE: No J Annual Gross Receipts: 1 J'-3 -J4EIA VS, Certifvin�gigency: rn Location and Place of Business ------------ (00A- %291 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bid Schedule Item No's., Description of Work --------- TPCA CC" C_ C_, Ok'� �To .......................... License No. Exp. Date: '3 /31 /D-020 E 9 F-TIM 1011-1+1 ------------------ --------- ----- - - - Subcontractor DIR Registration No. I Dollar Value of Work --------------------- Age of firm: DBE: Yes No ------------------------------------------------ -- Annual Gross Receipts; Certifying Agency: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: Subcontractor DIR Registration No. Dollar Value of Work Age of firm: DBE: Yes No ----------- Annual Gross Receipts: Certifying Agency: Location and Place of Business Bid Schedule Item No's: Description of Work --------------------------------------------------------------- ------- Exp. Date. DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Agenda Item: 8 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: June 9, 2020 SUBJECT: INTELLIGENT TRANSPORTATION SYSTEM, PHASES VI AND VII, PROJECTS C0054 AND C0052 - APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052. 2. Award a construction contract for Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052 to Crosstown Electrical and Data, Inc., in the amount of $1,877,425, and authorize a contingency in the amount of $281,614, for a total contract amount not to exceed $2,159,039. 3. Award the following equipment contracts, including contingency for the construction of Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052: • McCain, Inc., for traffic signal controllers in the amount of $374,677; • GridSmart Technologies, Inc., for incident management system equipment in the amount of $255,326; • Iteris, Inc., for video detection system equipment in the amount of $235,116; and • Sensys Networks, Inc., for permanent count stations in the amount of $164,070. 4. Extend the current contract and authorize an increased expenditure authority for construction support services with Kimley-Horn and Associates, Inc., for Intelligent Transportation System Phase VI, Project C0054 and Phase VII, Project C0052, in the amount of $35,000, and authorize a contingency in the amount of $5,250, for a total contract amount of $40,250. Page 1 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 5. Appropriate funding in the amount of $50,000 from Landscape Maintenance District (Fund 357) to expenditure account C0052357-5161.001. 6. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND In 2015, the master plan for an Intelligent Transportation System (ITS) program was developed and phased into projects. The program addresses transportation operation, maintenance, and management needs throughout the City of Santa Clarita (City) through the development and deployment of cost-effective and maintainable traffic signal and ITS infrastructure. Phases VI and VII were built upon the completion and successes of Phases I to V and will complete the current Citywide ITS program. The ITS program is identified under the Building and Creating theme of the City's five-year strategic plan, Santa Clarita 2020. ITS Phase VI In November 2017, the City executed a funding agreement with the Los Angeles County Metropolitan Transportation Authority (Metro) for the design and construction of ITS Phase VI. This phase will synchronize signals along 19 corridors at 148 intersections to enhance the adaptive system's performance during recurring peak congestion periods (Exhibit B-1). Synchronizing traffic signals on high volume arterials will give vehicles as many consecutive green lights as possible. Additionally, system detection will be deployed at 12 locations to provide additional real-time data to the City's Traffic Operations Center (Exhibit B-2). The additional system detection expands the City's ability to actively manage traffic by providing real-time data that will be used to adjust signal timing for actual conditions. This phase will also close gaps in the fiber optic lines along Bouquet Canyon Road, Decoro Drive, and Wiley Canyon Road to improve signal communications on these major arterials. These roadways serve as alternate routes to the Interstate 5 and State Route 14 freeways and often experience significant traffic impacts when the freeways are congested (Exhibit B-3). The fiber optic communication system ensures the intelligent traffic system continues to function without disruption even if there is a break in one segment of the fiber optic cable link. The City's experience with the adaptive system in previous phases has shown the benefits of having coordinated signals. ITS Phase VII In December 2016, the City executed a funding agreement with Metro for Proposition C grant funds for the design and construction of ITS Phase VII. This phase will close the communication gaps by connecting existing fiber optic segments along Soledad Canyon Road, Sierra Highway, and Haskell Canyon Road, and install bicycle detection systems at 26 signalized intersections (Exhibit C-1), thereby enhancing traffic flow. Page 2 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 Additionally, detection equipment and controllers at 57 signals will be upgraded to enhance operations for the Integrated Corridor Management System (ICM) (Exhibit C-2). The ICM will allow staff to maintain a database, notification system, and preset traffic control plans to respond to major traffic congestion or emergency situations. The ICM will display live incident information both on the web and on mobile devices. Notifications will automatically be sent to City staff and selected users from other agencies such as the California Department of Transportation, Los Angeles County Department of Public Works, and Santa Clarita Transit in order to coordinate their operations relative to congestion or an emergency situation within the City. A separate component added to these phases is to upgrade the existing network connections for Valencia Meadows Park and Valencia Glen Park. Both parks are currently being operated with outdated and slow network connections. Upgrading to a dedicated City fiber connection will greatly enhance data speeds, establish a more reliable connection, and increase overall customer service and programs at these parks. Solicitation Process for ITS Phases VI and VII - Construction Contract The design for each of these phases was completed in February 2020. In coordination with Metro, they were combined in order to be bid and constructed under one contract. In so doing, the bidders were able to present more competitive bids based on lower unit costs due to the increased volume of work. The lower bids allow staff to recommend awarding the base bid and all add alternates. An invitation to bid was prepared and published twice, on April 9 and 16, 2020, and posted on the City's website. Plans and specifications were also sent to area plan rooms for distribution to additional firms. Bids were submitted to the City and opened by Purchasing on May 12, 2020. The results of the bids are shown below: Company Location Bid Amount Crosstown Electrical and Data, Inc. Irwindale, CA $1,877,425 Elecnor Belco Electric, Inc. Chino, CA $3,213,686 Staff recommends awarding the construction contract for ITS Phases VI and VII to the lowest responsive bidder, Crosstown Electrical and Data, Inc. The contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The bid from Crosstown Electrical and Data, Inc., was reviewed for accuracy and conformance to the contract documents and found to be complete. The requested construction contingency will cover the cost of unforeseen site conditions, such as potential utility conflicts, abandoned utilities not shown in record drawings, and additional work required by the City. To facilitate these projects, the City will procure traffic signal controllers from McCain, Inc., incident management systems equipment from GridSmart Technologies, Inc., video detection system equipment from Iteris, Inc., and permanent count stations system detection from Sensys Networks, Inc. For these purchases, McCain, Inc., was validated as a sole source based on compatibility with existing traffic signal controllers and adaptive signal operation. GridSmart Technologies, Inc., was validated as a sole source based on compatibility with the City's Page 3 DocuSign Envelope ID: 7DE1860D-EE07-4258-AA78-E996AF73AFC9 proposed incident management systems. Iteris, Inc., was validated as a sole source based on compatibility with existing automated count stations as part of ITS, Phase V, and Sensys Networks, Inc., was validated as a sole source based on compatibility with existing mid -block permanent count stations. All of these systems have been previously integrated into the City's traffic database for traffic engineering analysis and evaluation. Per the City's purchasing policy, no quotes or bids are required for products or services from a validated sole source. The contract amounts for these procurements include a 15 percent contingency to cover any unforeseen conditions and provide spare equipment for future maintenance needs. In December 2017 and December 2018, the City Council approved contracts with Kimley-Horn and Associates, Inc., to provide civil engineering services for the design of ITS Phase VI and Phase VII. The recommended action to extend the current contract will provide the expertise needed to ensure compliance with the design specifications during construction. Staff negotiated a fair and reasonable fee with Kimley-Horn and Associates, Inc., for the work required to complete these projects. Adequate funds were previously appropriated as part of the Fiscal Year 2019-20 budget to support all recommended contracts for ITS Phases VI and VII. The remaining funds will provide for all anticipated project costs, including project administration and support items, such as construction and environmental support, survey, project management, inspection, and labor compliance. FISCAL IMPACT Upon approval of the recommended actions, the combined budgets for ITS Phases VI and VII, Projects C0054 and C0052, will provide adequate funds to support the recommended contracts. ATTACHMENTS Exhibit B-1 Signal Synchronization Exhibit B-2 System Detection Exhibit B-3 Fiber Optic Communication Exhibit C-1 Proposed Bicycle Detection Locations Exhibit C-2 Proposed ICM Corridors Bid Proposal for Crosstown Electrical and Data, Inc. (available in the City Clerk's Reading File) Quote for McCain, Inc. (available in the City Clerk's Reading File) Quote for GridSmart Technologies, Inc. (available in the City Clerk's Reading File) Quote for Iteris, Inc. (available in the City Clerk's Reading File) Quote for Sensys Networks, Inc. (available in the City Clerk's File) Page 4 Dow S 9 C U a 9 0 Certificate Of Completion Envelope Id: 7DE1860DEE074258AA78E996AF73AFC9 Status: Completed Subject: Crosstown Electrical and Data, Inc. - INTELLIGENT TRANSPORTATION SYSTEM, PHASES VI AND VII, PROJECTS Source Envelope: Document Pages: 49 Signatures: 2 Envelope Originator: Certificate Pages: 6 Initials: 0 Kelsey Speers AutoNav: Enabled 23920 Valencia Boulevard Enveloped Stamping: Enabled City of Santa Clarita, CA 91355 Time Zone: (UTC-08:00) Pacific Time (US & Canada) kspeers@santa-clarita.com IP Address: 38.107.179.2 Record Tracking Status: Original Holder: Kelsey Speers Location: DocuSign 6/16/2020 10:18:39 AM kspeers@santa-clarita.com Signer Events Signature Timestamp Terry Brice Completed Sent: 6/16/2020 10:22:08 AM tbrice@santa-clarita.com Viewed: 6/18/2020 7:44:52 AM Security Level: Email, Account Authentication Signed: 6/18/2020 7:45:09 AM (Optional) Using IPAddress: 38.107.179.2 Electronic Record and Signature Disclosure: Accepted: 6/18/2020 7:44:52 AM ID: d6fc4567-2a56-47b7-9135-ad2d131761d7 Andrew Adams Completed Sent: 6/18/2020 7:45:12 AM aadams@santa-clarita.com Viewed: 6/18/2020 7:46:19 AM Purchasing & Risk Administrator Signed: 6/18/2020 7:46:44 AM City of Santa Clarita Using I Address: 38.107.179.2 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Damon Letz Completed Sent: 6/18/2020 7:46:47 AM dletz@santa-clarita.com Viewed: 6/18/2020 10:33:35 AM Security Level: Email, Account Authentication Signed: 6/18/2020 10:33:59 AM (Optional) Using IPAddress: 38.107.179.2 Electronic Record and Signature Disclosure: Accepted: 6/18/2020 10:33:35 AM ID:7d718eab-0883-492e-82e0-e197eea665c4 ROBERT G NEWMAN Completed Sent: 6/18/2020 10:34:02 AM rnewman@santa-clarita.com Viewed: 6/18/2020 10:44:30 AM Public Works Director Signed: 6/18/2020 10:44:34 AM Security Level: Email, Account Authentication Using I Address: 75.84.176.29 (Optional) Electronic Record and Signature Disclosure: Accepted: 7/18/2016 11:55:41 AM ID:02ad8719-ee27-4a90-a8c3-bbe5ca47eaaa Ines Guevara Completed Sent: 6/18/2020 10:34:02 AM iguevara@santa-clarita.com Viewed: 6/18/2020 10:44:55 AM Security Level: Email, Account Authentication Signed: 6/18/2020 10:45:05 AM (Optional) Using IPAddress: 38.107.179.2 Electronic Record and Signature Disclosure: Accepted: 6/18/2020 10:44:55 AM ID: 2dfd9f42-3676-4889-8702-699942849358 Signer Events Signature Timestamp Joseph M. Montes o s9 dby: Sent: 6/18/2020 10:45:08AM JMontes@bwslaw.com ,6st fL h. Nl.b�vb S Viewed: 6/18/2020 10:47:33 AM CityAttorney 5847KCB99934BE... Signed: 6/18/2020 10:48:38 AM Y 9 City of Santa Clarita Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (Optional) Using IPAddress: 198.24.204.51 Electronic Record and Signature Disclosure: Not Offered via DocuSign Frank Oviedo EllocuSigned by : Sent: 6/18/202010:48:41 AM FOVIEDO@santa-clarita.com r OV tGh Viewed: 6/19/2020 1:17:40 PM Assistant City 9 Signed: Manager 636ED999D845412... 6/19/2020 1:17:51 PM Fo Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (Optional) Using IPAddress: 38.107.179.2 Electronic Record and Signature Disclosure: Accepted: 6/19/2020 1:17:40 PM ID:4bf227f0-3a53-4e7f-a1a5-5d3c1a858416 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Terry Brice Sent: 6/19/2020 1:17:55 PM tbrice@santa-clarita.com L COPIED Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 6/18/2020 7:44:52 AM ID: d6fc4567-2a56-47b7-9135-ad2d131761d7 David Heermance COPIED Sent: 6/19/2020 1:17:55 PM dave@crosstowndata.com President Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 8/10/2017 3:31:51 PM ID:7ecbOd2c-2f44-4048-b2dc-bOd29653fcb8 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/19/2020 1:17:55 PM Certified Delivered Security Checked 6/19/2020 1:17:55 PM Signing Complete Security Checked 6/19/2020 1:17:55 PM Completed Security Checked 6/19/2020 1:17:55 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 1/7/2014 2:16:54 PM Parties agreed to: Terry Brice, Damon Letz, ROBERT G NEWMAN, Ines Guevara, Frank Oviedo, Terry Brice, David Heermance CONSUMER DISCLOSURE From time to time, City of Santa Clarita (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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P N Am wcio,am Cesar Romo QUOTATION Quote #: JLP121719E Agency: Santa Clarita, City o Job Name: 2070LX w/ Adaptive Bid Date: 5/8/20 Estimator: Jennifer Phelan (760)734-5050 jennifer.phelan@mccain-inc.com Bid Item Qnty Description Price Extension 2070LX ATC CONTROLLER: 1 C, 2E+, 57 313, 4A, LINUX WITH OMNI AND $4,555.00 $259,635.00 ADAPTIVE SOFTWARE 57 CMU, 2010ECLIP W/10/100 ETHERNET $665.00 $37,905.00 PORT, EDI *turn on support is not included TAX 9.5% TAX $28,266.30 Reference Total $325,806.30 Prices firm for 30 days. Freight included. Add sales tax. Sale is subject to McCain's standard terms and conditions. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. 1° If you received this in error, please contact the sender and delete the material from any computer. 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((D ((D aJ 0A W (% CJ J N F o o w o u Q0 d- O rn Ln Ln 06 m 0000 o X = J O m � LL N O aJ u al fl- u � U aJ m N 6 � O (n m 0 L m •3 C � O 76 a-i L '0 O c U ai 0 U c O ruLn 0 L a E v c L L O N aJ MUJ '+� c �- �E - Up 0- O N ru T O '0-0 0- 'i I aJ c c + ruOJ a] .� V7 � m U o U -O E t 'o O m Q a a u M L L Ln C OU OL v Q j > L 0 O Q O O_ .O U aJ M m L N 3 N + Tn E L E O H U = u B -u - 6 U t +' v `0 0 O c 7 E > LnO +c: C a)0 O O L v0 00 v m v v� 'O v O_ -0 O O OJ � u O �n X v v a N - 0 N M Ln vCl L d T '= O n3 m aJ M '0 al O M t c O O > M aJ m n3 M 0 Ln L 0 Ln aJ O 0 w 0) 0 O 0 IL_n V v A u u W- m a v Iteris Roadway Sensor Products Standard Terms and Conditions of Sale Iteris, 1. Sole Agreement. These Standard Terms and Conditions of Sale for the sale and purchase of goods and services between Iteris, Inc. ("Iteris") and the purchaser or buyer ("Purchaser") indicated on the face of the price quotation, proposal, contract, sales order or offer from Iteris constitute the entire agreement between Iteris and Purchaser (the "Agreement") and supersede any prior agreement or understanding, whether oral or written, relating to the subject matter of this Agreement. Iteris shall not be bound by any terms or conditions not set forth in this Agreement, including but not limited to, any purchase order or purchase contract ("Order") from Purchaser that is in any way inconsistent with or in addition to this Agreement. This Agreement may not be expanded or modified except by an instrument in writing executed by an authorized representative of Iteris. Iteris' acceptance of Purchaser's Order shall not be deemed an acceptance of any modification to any term or condition contained herein, but rather an acceptance of Purchaser's agreement to purchase goods and services upon the terms set forth in this Agreement. All Orders, whether or not based on specific quotations, are subject to Iteris' acceptance by an authorized Iteris representative. Notwithstanding the foregoing, if Purchaser is purchasing the VantageLive! services, such services are subject to a separate agreement that Purchaser will be required to accept and agree, and nothing in the VantageLive! services agreement shall be construed to modify the terms and conditions of this Agreement for other products and services subject to this Agreement. 2. Shipment. All prices are in United States Dollars (USD or $) and quoted FCA (Free Carrier at named point, Incoterms(k 2010), or in jurisdictions that have not adopted Incoterms®, FOB at the shipping point of Iteris, Inc. Title to goods sold hereunder (individually, a"Product" and collectively, "Products") shall pass to the Purchaser upon delivery of Products to the carrier. Iteris, however, retains a security interest and a vendor's lien against the Products until payment in full is received. Purchaser agrees to perfect and maintain such security interest for Iteris. In the absence of specific written instructions that Iteris has accepted, Iteris will ship Products by what it deems to be the most appropriate method for shipment. Although Iteris may transact for carriage, all freight charges and insurance premiums will be for the account of Purchaser. Upon delivery to the carrier, Purchaser assumes all risk of loss. Any such loss shall not relieve Purchaser of its obligation to pay Iteris in full for Products, freight and insurance. Purchaser shall have the right to negotiate with the carrier and/or insurer to recoup its loss. 3. Delivery. Standard shipments to Purchaser will be approximately 30-45 days after receipt of an Order. In the event that Purchaser requests a guaranteed ship date, Iteris reserves the right, after notice to Purchaser, to include in the final purchase price any expenses which increase the cost of production or delivery, including but not limited to, expediting and overtime expenses, parts procurement premiums, etc. Iteris reserves the right to ship complete orders in advance of the ship dates specified and, with prior approval from Purchaser, partial orders. Iteris shall not be liable for either delays in delivery or the failure to manufacture if such delay or failure is due to causes beyond Iteris' reasonable control, including but not limited to, acts of God, acts or omissions of either Purchaser or third parties, intervention of any government authority, strikes, lockouts or other labor disturbances, floods, fires, earthquakes, epidemics, quarantines, riots, wars, delays in transportation, or where Iteris is unable to obtain necessary labor, materials or manufacturing facilities. In the event of such delay or failure, the delivery date shall be extended for a period equal to the time lost by reason of the delay or failure. 4. Payment Terms. Unless an authorized Iteris representative agrees upon different credit terms in writing at the time of acceptance of Purchaser's order, the standard terms of payment shall be cash or wire transfer of funds in advance of shipment or, for international shipments, Irrevocable Sight Letter of Credit collectable within thirty (30) days after shipment. Iteris' obligation to deliver Products is subject to Purchaser's compliance with the foregoing payment terms, or in the event credit is granted by Iteris, any such credit terms provided. Iteris may at any time, in its reasonable business judgment, if the financial condition of Purchaser warrants, either alter the credit terms or suspend credit and delay delivery until such time as the revised credit terms are met. Iteris shall have the right to cancel any unfilled order, or delay its shipment, for failure of Purchaser to meet its payment schedule or obligations. In the event any payment is not made when due, Iteris shall have the right to accelerate the due date of the entire unpaid balance and to increase the unpaid balance of the sales price at the rate of one percent (1%) per month, or the maximum allowed by law, on the unpaid balance until the account is paid in full, in addition to any reasonable attorneys' fees or other collection expenses. 5. Taxes. All prices are exclusive of any and all taxes, duties, tariffs, fees, or assessments, including but not limited to sales, use, excise, VAT, or similar taxes and export or import duties or fees applied to the sale or to the Products sold, by any United States or foreign federal, state, provincial, or local governmental body. Any such taxes that must be paid by Iteris shall be separately itemized on Iteris' invoice and paid by Purchaser, or in lieu thereof, Purchaser shall furnish Iteris aproperly executed tax exemption certificate prior to shipment. 6. Limited Warranty. For the purposes of this Agreement the "End User" shall be the Purchaser or, if Purchaser is a contractor, distributor or other authorized reseller to whom Iteris delivered Products intended for use by a third parry, shall be the intended third parry. Iteris Hardware Products: Iteris hardware Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted, at the time of delivery to End User, to conform to Iteris' published specifications and to be free from defects in material and workmanship. The occurrence of any of the following terminates Iteris' Limited Warranty: (i) a Product fails as the result, in whole or in part, of modification or repair of the Product not conducted in conformity with Iteris' approved procedures; (ii) a Product fails as the result, in whole or in part, of improper or insufficient maintenance; (iii) a Product is damaged due to, in whole or in part, electrical power surge, lightning strike, accident, negligence, improper storage, incorrect installation, incorrect operation, unusual deterioration due to physical environments in excess of limits set forth in Product manuals, or any other type of abuse or misuse; or (iv) the removal of serial numbers, or the removal, mutilation or defacement of any part of a Product. As a condition to making any claim under this Limited Warranty, End User must request a Return Material Authorization ("RMA") before the Limited Warranty terminates or expires. Provided that the Limited Warranty has not terminated or expired, Iteris shall issue the RMA and End User shall have the right to return the non -conforming Product, transportation prepaid, to Iteris for repair or, solely at Iteris' option, replacement with new or reconditioned materials. Except for repair or replacement, Iteris shall be under no other liability to Purchaser. This is a Limited Warranty only and, unless otherwise specified in writing by Iteris, shall expire thirty -sir (36) months after the date of delivery of each unit of Product to Purchaser. Repaired or replaced Products have a Limited Warranty for the greater of ninety (90) days from the time of shipment or the remainder of the original warranty period. Iteris Software Products: Software Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted to the licensed End User in accordance with the software license and warranty packaged with the software. Non-Iteris Products: Hardware or software Products marked as manufactured or produced by others or marked with a brand or trademark of a parry other than Iteris are warranted, if at all, by the manufacturer or producer to the End User in accordance with the warranty documentation provided by the manufacturer or producer. NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW, CUSTOM OR CONDUCT, SHALL BE APPLICABLE. NO REPRESENTATION OR WARRANTY BY PURCHASER SHALL EXTEND THE LIABILITY OR RESPONSIBILITY OF ITERIS BEYOND THE TERMS OF THIS PROVISION. THE RIGHTS AND REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY (RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT) FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS EITHER SEPARATELY OR IN COMBINATION WITH OTHER SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER CAUSE. 7. Return Material Authorizations. Upon request by the End User for an RMA whether for repair, replacement, or credit, Iteris agrees that it will either issue such RMA or provide End User with a written explanation for its refusal to issue the RMA within thirty (30) days of the request by End User. If Iteris provides a Field Replaceable Unit ("FRU") or replacement Product in advance of receipt of an authorized return and does not receive the returned unit within 30 days of shipment, End User will be invoiced for the FRU or replacement. End User shall pay all shipping costs for items returned to Iteris. For items repaired or replaced under a valid warranty claim, Iteris shall pay shipping costs for return of repaired or replaced item to End User. Iteris Roadway Sensor Products Standard Terms and Conditions of Sale Iteris, 8. Indemnification. a. Purchaser Indemnification. Iteris shall indemnify, defend and hold Purchaser, and its affiliates, directors, officers, shareholders, and employees harmless from and against any claims, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees and court costs) (collectively, the "Liabilities") to the extent arising out of third party claims based on a product liability or strict liability in tort relating to the Product or Iteris' negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property. b. Iteris Indemnification. Purchaser shall indemnify, defend and hold Iteris, and its affiliates, directors, officers, shareholders, and employees harmless from and against any Liabilities to the extent arising out of third party claims based on products other than Iteris Products supplied by Purchaser or Purchaser's negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property. In the event that Purchaser is a governmental agency or body, the foregoing Iteris Indemnification shall not apply to the extent prohibited by law. c. Indemnification Procedures. The Parties will follow the following indemnification procedures. Promptly after receipt by any entity entitled to indemnification of notice of a third party claim, the Party seeking indemnity ("Indemnitee") shall notify the other Party ("Indemnitor") of such claim in writing. No failure to provide obligations under this Agreement except to the extent that it can demonstrate prejudice attributable to the failure. Within fifteen (15) calendar days following receipt of written notice from Indemnitee, but in no event later than ten (10) calendar days before the date a response to such claim is due ("Election Notice Period"), Indemnitor shall notify Indemnitee in writing if the Indemnitor elects to assume control of the defense and settlement of that third party claim ("Election Notice"). If Indemnitor delivers an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitor shall be entitled to have sole control over the defense and settlement of such claim; provided that (a) the Indemnitee may participate in the defense and employ counsel at its own expense to assist with such third party claim, and (b) Indemnitor shall obtain the prior written approval of the Indemnitee before entering into any settlement of such third party claim that purports to binds the Indemnitee. After the Indemnitor has delivered an Election Notice, Indemnitor shall not be liable to the Indemnitee for any legal expenses incurred by the Indemnitee in connection with the defense of that third party claim. In addition, the Indemnitor shall not be required to indemnify the Indemnitee for any amount paid or payable by the Indemnitee in the settlement of any third party claim for which the Indemnitor has delivered a timely Election Notice, if such amount was agreed to without the written consent of the Indemnitor. If the Indemnitor does not deliver an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitee shall have the right to defend the third party claim in such manner as it may deem appropriate, at the sole cost and expense of the Indemnitor. The Indemnitor shall promptly reimburse the Indemnitee for all such costs and expenses (i.e. Liabilities). 9. Intellectual Property Indemnification. Iteris shall indemnify and hold harmless Purchaser from loss, damage or liability for infringement of a United States (U.S.) patent or U.S. copyright ("Intellectual Property") to the extent arising out of the distribution or use of Iteris Products as delivered to Purchaser by Iteris hereunder (the "IP Indemnity"); provided that Purchaser notifies Iteris in writing within ten (10) days of Purchaser's first notice of an infringement claim, threat or suit ("Infringement Claim") and fully cooperates with Iteris in the defense of such Infringement Claim and the avoidance of infringement by, including but not limited to, providing Iteris any requested authority, information, and assistance necessary. Iteris shall be entitled, at its election, to assume the defense of any Infringement Claim. The foregoing Indemnity shall not apply when normally non -infringing Iteris Products are rendered infringing by (i) alteration of Iteris Products or the operation thereof, not by Iteris or duly authorized by Iteris in writing, (ii) use of Iteris Products in combination with other products, software, or services, (iii) Iteris' modification of its Products in compliance with the Purchaser's specifications or instructions, or (iv) Purchaser's failure to use and implement instructions provided by Iteris in a writing that would have rendered the Iteris Product non -infringing after reasonable time after receipt by Purchaser and before actual infringement. Iteris shall have the right to resolve any Infringement Claim in the manner it deems appropriate, including, but not limited to, (i) obtaining a license from the owner of the alleged infringed Intellectual Property or (ii) modifying or replacing the alleged infringing Product with non -infringing Product. In the event that neither (i) or (ii) are commercially possible, then Iteris shall have the right to rescind the purchase of the affected portions of the Products and to refund the Purchaser with a pro rata amount of monies paid for such affected Products. The foregoing IP Indemnity shall not extend to claims based on infringement of Intellectual Property outside the United States of America. Iteris' sole obligation and liability to Purchaser with respect to indemnification of claims shall be as set forth in this paragraph and specifically excludes indemnification for consequential damages, incidental damages, punitive damages, and attorneys' fees. 10. Arbitration. It is the intent of the parties that any controversy will be elevated to the highest management levels within the respective organizations in an attempt to resolve the matter most efficiently. If the parties are unable, after good faith negotiations, which each hereby covenants to undertake, to resolve any dispute, claim or controversy arising between them, the parties hereby expressly agree that the exclusive means of resolving any such dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. If the Purchaser has an office located in the United States, arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS, a national alternative dispute resolution service (www.janisadr.com) and shall be conducted in the English language, in Los Angeles, CA USA, by one (1) arbitrator appointed in accordance with said rules. If the Purchaser does not have an office in the United States, arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce and be conducted in the English language, in New York, NY, USA, by one (1) arbitrator appointed in accordance with said Rules of Arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction nor shall it preclude Iteris from any pursuit allowed by the full extent of the law for collection of amounts owed by Purchaser under any credit arrangement. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. 11. Product Modifications. Iteris reserves the right, at any time and without notice to Purchaser, to modify Products, in whole or in part, to include therein changes deemed appropriate by Iteris which do not adversely affect the form, fit or function of the Products, and without incurring any liability, to change or modify any Product previously delivered, or to supply new Products in replacement thereof. 12. Export Responsibility. All sales hereunder shall at all times be subject to the export control laws and regulations of the U.S. government. Purchaser agrees that it shall not make any disposition, by way of transshipment, re- export, diversion or otherwise, except as said laws and regulations may expressly permit, of U.S. origin goods purchased from Iteris, other than as to the ultimate country of destination specified on Purchaser's order and/or declared as the country of ultimate destination on Iteris' invoices. 13. General. a. No modification of a quotation or a resulting order shall be binding unless in writing signed by an authorized representative of Iteris. b. No waiver by either party of any default shall be deemed a waiver of any subsequent default. c. Purchaser shall not assign its Order or any interest therein or any rights hereunder without the written consent of Iteris, and any such purported assignment shall be null and void and of no affect whatsoever. d. Purchaser agrees that it will not modify, reproduce, reverse engineer, reverse compile, disassemble, translate, de -compile, deconstruct or decrypt, the whole or any part of the Products, including any software embedded therein. e. All quotations and any resulting order shall be construed, interpreted and governed by the laws of the State of California, USA, but specifically excluding any International Convention regarding the International Sales of Goods. Should any court of competent jurisdiction determine any portion hereof illegal or against public policy, such determination shall not affect that portion herein that is not illegal or against public policy. In the event that the federal, state, provincial, city or local government or any bureau or agency thereof, should promulgate any law, rule or regulation affecting prices, deliveries or any other terns of a contract resulting from a quotation, then, at the option of Iteris communicated to the Purchaser in writing within a reasonable time, the contract between Iteris and the Purchaser may be either terminated by Iteris and be of no force and effect and the parties shall be restored to the position they occupied before the contract was executed, or Iteris may make such changes in the price, delivery schedule and terms as Iteris in its reasonable business judgment may deem necessary to comply with such law, rule or regulation. Quote Details Company Address 1608 4th Street, Suite 200 Berkeley, California 94710 United States Quote Name I fS Phase \11 Contact & Shipping Information Prepared By Katherine Mertz Email kmertz@sensysnetrmorks.com Sensys Products APCC Module with Enhanced Ethernet and Re -Identification APCC Serial Port Protocol (Digital Radio) APCC Accessory, Isolator Long -Life Repeater Universal Mounting Bracket Flush -Mount MAG2 Wireless Sensor D6y►YZ9>l��:�Yi�1 Sensys Networks Technical Support Services Sensys Networks Technical Support Services APCC-M-E-R APCC-SPP APCC-ACC-1 RP240-BH-LL-2 KIT-MTG VSN240-F-2 VSN240-EPX-SOT TSS-01 TSS-01 Quote Number 00001954 Created Date 5/11/2-020 Expiration Date 6/2-6/2-020 Ship To Name City of Santa Clarita, CA Ship To City of Santa Clarita Field Services 25650 Rye Canyon Road Santa Clarita, CA 91355 United States APCC Module with Enhanced Ethernet and Re -Identification APCC Module with contact closure interface, wired/wireless IP connectivity, and re -identification • I connectivity (wired or wireless) to traffic management systems, upstream servers, etc. • Detection of Bluetooth or Wi-Fi MAC addresses APCC Serial Port Protocol (Digital Radio) Radio communication: • To/from Sensys Networks APCC Module radio • To/from Sensys Networks Repeaters APCC Accessory, Isolator Electrical isolation up to 1500V • Surge protection up to 1500V • AC power cross protection Long Life Repeater Universal Mounting Bracket Flush -Mount MAG2 Wireless Sensor (Freeways/Arterials/Traffic Signal Control) Epoxy tube for installation of VSN240-F(T)-2 and VSN240-F(T)-GR Sensys Networks Technical Support Services Sensys Networks Technical Support Services 12.00 $3,099.00 12.00 $599.00 12.00 $327.00 22.00 34.00 112.00 112.00 4.00 2.00 $1,316.00 $151.00 $499.00 $71.00 $1,500.00 $1,500.00 $31,609.80 $6,109.80 $3,335.40 $24,609.20 $4,363.90 $47,504.80 $6,759.20 $6,000.00 $0.00 Subtotal $155,226.00 S �E N S, Y�S networks � ��� �= 0 � N�~� � ���� � � � �� �� m m ~�� m . ° ~�� m � n~ �� Total Discount ($24,933.90) Total Price $13028210 Grand Total $130.28210 Notes &Terms Tax �Ths �soquntahnnnnthe goods and oerv�ceonamed, oubJect to the IbMMngterms and cnndflono. °rNmquntatinnexc|udeoany opp|icob|esales tax ° Shipping charges moyopp|y P0EASIE SUBMIT P0RCHASE01-RI0IE�S D|RIECTILY TO:: 0�IDIE�S@SIEIMSYSINIETWmO��S.,C0IM SENSYSNETWORKS, |NC.STANDARD TERINSAND CONDOOONSOFSALE 1.ACCEPTANCE OFORDER. Sensys Networks, hc. ("Sensys") hereby acknoMedges the order for products (the "Products") set forth on tNosales quntahnn.nnthe terms and cnnditinnoset forth herein. 2.SH|PINAENT. ShipmentohoUbeF.O.B.Senoyo'p|ont.SenmyoohoUdesignate mutingnnoUohipmento.SenoyowiUou*mpttnhonor but wM not guarantee Buyer's requested sNpping date or sNpping instrucflons. Orders may beohippedbyporio|nrcnmp|eteohipment.fA|hoknf |nomohoUpass tnBuyer upon de|iverynfProducts to a carrier F.O.B. Sensys' p|ant. De|ay 41 defivery of any part of the Products shaU not m|ieve Buyer from its nb|igotinn to accept and pay for remaining de|iveheo. 3. TERINASOF PAYMENT. Unless nthenwioeprovided, each invoice ohoU bedue and poyob|ein United States funds net 3Odays from date nf invoice. ki the event that payment is not made as provided her6n, Buyer agrees to pay interest at the rate of the |esser of 1-1/2%, or the highest rote oUnwed by |ow, per month on the balance due from the due dote. Buyer may not oetnffogoinot Senoyo' invoices any amounts that Buyer c|oimmare due toit. Senoyohereby reserves and Buyer hereby grants toSenoyoopurchase money oecuhtyintemotinthe Products so|d and the proceeds thereof untfl Buyer has paid the totall amount invoiced by Sensys for the Products. Buyer agrees to execute any fi nanc4ig statements or other documents as Sensys requests to protect Sensys' securfty interest. 4. VVARRANT|E& fA| warranties for the Products are provided on|e|yin accordance with those tenmode|ivered to Buyerwith the Products. SENSYSMAKES NO OTHER WARRANTY, EXPRESS ORMAPL|ED.AND ALLMAPL|EDVVARRANT|ES.|NCLUD|NGVV|THOUT L|INA|TAT|ON.MAPL|EDVVARRANT|ESOFNAERCHANTAB|L|TYAND F|TNESSFOR APART|CULARPURPOSE, ARE HEREBY D|SCLA|NAED. The exc|umive mmedieonfBuyer under the warranty set out in tNo Secflnn wiU be, otthe nphnn nfSenoyo� eithermpoir. mp|ocementnrthe issuance nfocmditto the Buyer. Buyer agrees that no agent, emp|oyee or representaflve of Sensys has authohty to Senoyo to any offinmohnn, mpmoentahnn, or warranty concerning the Products other than those wanontieo expmom|y set forth hemin. 5. RETURNS. Sensys has so|e 6screfion whether to accept or reject returns of the Products, and H' ft chooses to accept returns, may charge oreotocWngfee nfany percent nfthe purchase phceotits on|edimcrehnn. Buyer must receive phnroppmvo|from Senoyofor any return, and must inc|udewithany returned itemmowhu*nnnhfficohnnnfreturn along Mth the RINAAnumber mceivedfrom Senoyovia te|ephnneauthorizing the return. Buyer must pay oUohippingand insurance costs for any returns. 8.L|INA|TAT|0NONSENSYS'L|AB|L|TY. TOTHE EXTENT PERINMTTEDBYLAW, SENSYSSHALL HAVE NOL|AB|L|TYTOBUYER OR ANY OTHER PERSON FOR RqCCEINTAIL DAMAGES, SPECMIL DAMAGES, OR CONSEQUEN"IIAL DAMAGES (RqCLUMNG, WFI-HOUT L|INA|TAT|ON.LOSS OFREVENUE, USE, PROF|TS.DATA, OR8OODVV|LL)ORCOSTS OFPROCUR|N8SUBST|TUTEPRODUCTS, AR|S|N8OUTOF.RELAT|NGTO.OR|NCONNECT|ONVV|THTHESETERINASANDCOND|T|ONSORTHEPURCHASE.SALE.USE. OPERA"110IN OR PERFORMANCE OFTHE PRODUCTS, WHETHER AR|&ING OUTOF BREACH OF WARRANTY OR OTHER BREACH OFCONTRACT, NE8L|8ENCEOROTHERTORT.OROTHERV|SE.EVEN SENSYSSHALLHAVE BEENADV|SEDOFTHE POSS|B|L|TYORL|KEL|HOODOFSUCHPOTENT|ALLOSSORDAMA8E.FnroUnfthepurpnoeoherenttheterm^cnnoequentio| damages" ohoU inc|ude |not pmfits, peno|tieo. de|oydomogeo. |iquidoted damages nrother damages and |iobi|itieo wNch Buyer ohoU be obfigated to pay or wNch Buyer may 4icur based upon, re|ated to or ahsing out of its contracts Mth fts customers or other tNrd parfies. ki no event shaU Sensys be fialMe for any amount of damages in excess of amounts paid by Buyer for Products or services as to wNch a breach of contract has been determined tnexist. The parbes express|y agree that the pfte for the Products and the services was determined in considerafion of the fimitaflon on damages set forth here4i and such fimitafion has been specfficaUy bargained for and consfitutes an agreed aUocafion of risk wNch shaU survive the determinafion of any court of competentjuhs6cflon that any remedy here4i IeAs of fts essenflall purpose. 7. |NSPECT101N. BuyerohoUinopectoUohipmentsnfPmductsupnnorrivo|ondohoUnntiySenoyoinwhhngnfonyohnrtageonrnther Iei|umotnconform to these terms and condifions wNch are reasonalMy 6scoveralMe upon arrrvall Mthout open4ig any carton or box in wNch the Products are cnntained. Such nnticeohoUbesent witNn5days fnUnwingorrivoi AUnntfficotinnoohoUbeaccompanied bypocWngo|ipm. inopechnnreports and other documents necessary to support Buyer's c|ahis. Any shortages, overages or nonconformifies not reported to SenoyoommquiredbytNooecflnnwiUbedeemed waived. 8.FORCENAAJEURE�ALLOCAT|ONS.Foi|urenfSenoyotnmokenrBuyertntakeoUnronyportnfonyohipmenthemunder.ifouchfoi|um iodue tnacts nfGod, war. |obnrdH'fi'cu|tieo. breakdown or damage to Senoyo' p|ontfaci|iheonr Buyer's receiving foci|itieo, emborgneo, shortages of any row moteho|o or energy, shortages nftranopnrtahnn equipment. cnmp|ionce Mth any |ownrany mgu|otinn nrnrdernfony pubfic authohty and any other cause eMier shiflar or 6ssiaAar beyond the contro| of the party so faflfing, shaU not subject such party to any |iobi|ity to the other party, and 41 such event, at the request of eMier party, the totall quanflty of products to be sNpped hereunder wM be reduced by the quanfity not sNpped due to such causes. ShoWd Sensys at any fime be unalMe to supp|y fts own and aU of fts customers' S �E N S, Y�S requlrements (lncludlng customers not under supply contract) of any product, Sensys wlH allocate lts avallable supply of products to lts customers on such terms as lt, ln the exerclse of lts clscretlon, deems advlsalble, and ln such event Sensys wlH not be llable to Buyer for fall u re to shlp Buyer the fuH quantlty of such products and the balance of the order not shlpped wlH be canceled. For purposes hereof, Senoyo'customers ohoUbedeemed toinc|udeouboidiorieoand offi|ioteoof' Senoyo. 0. TAXES. ln addltlon to the purchase prlce of the Products provlded Ibr hereln, Buyer shaH pay Sensys the amount of any sales, use or other taxes now or hereafter hiposed by any federal, state or locall taxlng authorlty upon or wlth respect tothe sales, purchase, ohipment.mceiptnr use nfthe Products, other than taxes based nnthe net incnmenfSenoyo. 10. R|8HTS TO TECHNOLOGY. Any and aH lntellectuall property rlghts ln the Products wlH remaln the sole and excluslve property of Senoyo.Senoyoretainothe enhmhght.hdeand intemotinand tnany and oUinteUecmo|property hghtointhe Products, inc|udingbutnnt |imitedto, oUtrade secret, patent, cnpyrightand trademark rightoommnciotedwith the Products. Tnthe extent that the Products cnntain onftwom in any Ibnm ("Software"), Senoyo grants to Buyer nonexclusive. nontransferable |icenoe to use the Snftwom, in executable fnnm, solely as embedded in the Products, solely for Buyer's intemo| use. Buyer may not copy nrmndify the Software. Buyer acknowledges that the Software contalns trade secrets of Sensys, and, ln order to protect such trade secrets, Buyer agrees not to clsassemble, decomplle or reverse englneer the Software nor perailt any thlrd party to do so, except to the extent such restrlctlons are prohlblted by law. Sensys reserves aH rlghts and |icenoeo in and tnthe Software and oUother inteUectuo| pmpertyhghts in the Products not expressly granted to Buyer hereunder. 11 REllCUINAUll ln addltlon to any remedles granted Sensys hereunder, ln the event of Buyer's breach, Sensys shaH be enfitled to aH remedles provlded by law and aH such remedles hereunder and thereunder shaH be cumulafive. 12. L|INA|TAT|ONONACT|011VVA|VER�EXPORT. No actlon, regardless of form, arlslng out of any transactlon to whlch these terms and condltlons are appllcalble may be brought by the Buyer more than one year after the cause of actlon has accrued. WaiverbySenoyonfo breach nfany pmvioinnhereof ohoUnot bedeemed owaivernffuture cnmp|ioncetherewithand such pmviminnohoUmmoininfuUIbmeand effect. Buyer wlH not export or re-export, dlrectly or lndlrectly, the Products, or any technlcall lnformatlon related thereto, or any dlrect products therenttnonydeotinotinnnrperonnpmhibitednrmothctedbytheexpnrtcnntm||owoondmgu|ohnnonftheUnitedStateo.withnutthephnr outhnrizotinnfrom the oppmpriotegnvemmenta|outhnritieo. 13. APPL|CABLELAV AH rlghts and obfigatlons of the partles hereto shaH be governed by the lnternall laws of the State of Callfbrnla, withnutregard tnthe phncip|eonfcnmityand cnnfl'ictonflaws pmvioinnonfony]uhodictinn.The porieodimc|oimopp|icotinnnfthe United Nohnnm Convention on Contracts Ibr the |ntemohnno| Salle nfGoods. 14. SOLE AGREEMENT. Thimwhtingand any quntahnnform pmvidedbySenoyoare intendedbythe porieoomofino|and complete expmominnnftheiragreement withrespect to the Products, and ohoUsupersede oUphnrunderotandingm.whhngm.negnhohnnoand ogmementowith respect thereto. The terms and conditions set out hemin may be amended only by writing signed byduly outhnhzed agents nfthe portleo. The express terms hereof shaH not be varled by any course of deallng, performance or usage of trade. Any dfferent.cnnflicting or addltlonall terms ln any purchase order, document or the Re provlded or offered by the buyer are hereby expressly rejected. Iltandlng the forgolng, the terms and condltlons of thls wrltlng shaH not supersede (but may supplement) the terms ofexlsfing wrltten agreements between Buyer and Sensys slgned by both parbes relafing to products, servlces or obfigatlons other than as relatlng to the Products, nor shaH they supersede (but they may supplement) exlsfing agreements between Buyer and Sensys slgned by both parbes estalMlshed to govern the terms of a conflnulng commerclall relatlonshlp between Buyer and Sensys. AH of the terms and condltlons hereof shaH be deemed severable. The unenforcealblfity, Hlegallty or lnvalldlty of any provlslon hereof shaH not affect the enibrcealblfity, legalllty or vo|iditynfany other, further nroddihnno|pmvioinnhereof, oUnfwhichohoUmmoinvo|id.bindingand enibrceob|einaccordance withtheir terms. 15. R|8HTS OF THIRD PARTIES. ll ln these terms and condltlons, whether express or laiplled, ls lntended to confer any rlght or remedy under or by reason of these terms and condltlons on any person other than the Buyer and Sensys and thelr respective successors and assigno.nor ioonythingheminintendedtom|ievenrdiochorgethe nb|igabnnnr|iobi|hynfany thirdperson tnBuyer nrSensys.Thls Agreement ls not asslgnalble by Buyer any such purported asslgnment shaH be nuH and vold.