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HomeMy WebLinkAboutAGMT - Yunex, LLC formerly Siemens Mobility Inc)(Traffic Signal Maintenance Services)March 13, 2023 Michael J. Hutchens Yunex LLC 1026 E. Lacy Avenue Anaheim, CA 92805 �79N- lif Dear Mr. Hutchens: CITY OF SEAL BEACH — YUNEX LLC PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.2 Traffic Signal Maintenance Services Pursuant to the Professional Services Agreement for Traffic Signal Maintenance Services, dated May 13, 2019, by and between the City of Seal Beach (City) and Yunex LLC (formerly known as Siemens Mobility, Inc.), the City is hereby notifying Yunex LLC of its desire to exercise the last of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of Seventy -Five Thousand Dollars and OO/100 ($75,000.00). The Agreement termination date is now revised to midnight of May 13, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely, bil R. Ingram City Manager CC: Iris Lee, Public Works Director Gloria D. Harper, City Clerk February 22, 2022 Michael J. Hutchens Yunex LLC 1026 E. Lacy Avenue Anaheim, CA 92805 SUBJECT: CITY OF SEAL BEACH — YUNEX LLC PROFESSIONAL SERVICES AGREEMENT EXTENSION NO. 1 Traffic Signal Maintenance Services Dear Mr. Hutchens: Pursuant to the Professional Services Agreement for Traffic Signal Maintenance Services, dated May 13, 2019, by and between the City of Seal Beach (City) and Yunex LLC (formerly known as Siemens Mobility, Inc.), the City is hereby notifying Yunex LLC of its desire to exercise the first of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of Seventy -Five Thousand Dollars and 00/100 ($75,000.00). The Agreement termination date is now revised to midnight of May 13, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely, Director of Public Works Cc: Josh Ferras, Yunex LLC SIEMENS May 26, 2021 Ms. Iris Lee City of Seal Beach 211 Eighth St Seal Beach, CA 90740 RE: Transfer of Siemens Mobility Contracts from Siemens Mobility, Inc. to Yunex LLC Dear Ms. Lee, On November 12, 2020, Siemens AG ("Siemens') announced that in the course of Siemens Mobility's continued development,'the unit Intelligent Traffic Systems ("ITS Business") will be carved out worldwide by the end of fiscal 2021 into separately,. managed entities under the new brand name Yunex Traffic. Transferred into separate companies, the ITS Business -will be able:to further pursue its growth strategy, shape the.digital transformation of its industry and actively drive market consolidation. In this connection, the unit will leverage its market -leading position in installed systems and drive advances in digitalization. Offering innovative, smart, and comprehensive mobility solutions for roads and cities, the ITS Business is the world's only supplier of solutions serving all the main regional standards worldwide. Most recently, the unitgenerated revenue of about €600 million. Since 2013,.the compound annual growth rate for orders has totaled eight percent. In the context of this global carve -out, Siemens. Mobility, Inc. (hereinafter "Siemens Mobility") will transfer its ITS Business in the United States to Yunex LLC on July 1, 2021. The transfer of Siemens Mobilitys ITS Business to Yunex LLC includes the transfer of all contracts pertaining to Siemens Mobility's'ITSBusiness, including the following contract(s) between Siemens Mobility and you: Professional Services Agreement fro Traffic Signal.Maintenance Services All contract,appendices as well as all rights and obligations are included in the contract transfer In the event that a contract cannot be transferred, Yunex LLC shall, from July 1, 2021 on, fulfill obligations arising out of such contractus a subcontractor acting on behalf of Siemens Mobility. To the extent req uired,by the contractreferenced herein, this letter seeks your consent to the contract transfer and assignmeht.and satisfies any notice requirement with respect thereto. This letter does not confer any, new rights (including any right to consent to or to receive prior notice of the transfer and assignment)' that do not currently exist under the contract. We kindly ask you to consentto the transfer and assignment of the contract to Yunex LLC. Furthermore, we ask you to waive any and all rights that the contract might possibly grant due to changes in the shareholder structure of the legal entity holding the contract. Please sign and send back the enclosed declaration of consent. Siemens Mobility, Inc. 9225 Bee,Cave Road, Building B, Suite 201 Tel.: +1 512-837-8300 Intelligent.Traffc"Systems Austin, TXr78733 v .usa.siemens.com/mobility SIEMENS In addition, we would like to inform you about the following: Bank"account details for Yunex LLC: Account Name: Yunex LLC Account Number: 54021624 ABA Routing Number: 031100209 Bank Name;.Citibank"N:A. One Penn's Way New Castle, DE 19720 Swift Code: CITIUS33 We would ask you to please use these new bank account details only after July 1, 2021. The, employer identification number for Yunex LLC is 86-2136678. If you currently have (an) exemption.certiftcate(s) onflle with Siemens Mobility, Inc. will receive an email from fts_us_iax exemptions.us@siemens.com requesting, updated exemption certificate(s) to tie issued to Yunex LLC through Avalara's CertCapture tool withdheir unique link to populate their exemptioniform online or upload their prepopulated form. Exemption certificates: not received by July 1, 2021, will result in taxes being included in invoices. We are=also' currently in the process of reapplying for any required Contractor's Licenses in our regions of operation under Yunex LLC. While we kindly ask you to, provide us with the signed consent form at your earliest convenience, the assignment of your contract will only take place once the required licenses.are in place. Please use the following contact details for correspondence relating to contractual relationships: Yunex LLC Attn: Anchal Bansal 9225'Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA Phone: +1770-598-4705 E-mail:,anchal.bansal@siemens.com Should you have any questions, please do not hesitate to contact us. Thank you in advance for your support and for your cooperation. Sincerely yours, Siemens Mobility,. Inc. A'vv"'4 Steven Teal Anchal Bansal Attachment: Declaration of Consent Page 2 of 3 SIEMENS From: Ms. Tris Lee City of:Seal Beach 21.1 Eighth St Seal Beach, CA 90740 To: Yunex LLC Attn: Anchal Bansal 9225 Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA RE: Transfer of Siemens Contracts from Siemens Mobility, Inc (hereinafter "Siemens Mobility") to Yunex LLC Dear Ms. Bansal, We,hereby confirm that we have read and understood the information in the letter from Siemens Mobility dated. May 26, 2021. We consent to the transfer of the contract pertaining to,Siemens Mobility's ITS Business between us and Siemens Mobility to Yunex LLC, as specified in the aforementioned letter from Siemens Mobility. We hereby waive any and all rights that the contract grants to us for the case of changes in the shareholder structure of the legal entity holding the contract. Place: Dater Printed Nam \� 1 Title: Page 3 of 3 PROFESSIONAL SERVICES AGREEMENT for Traffic Signal Maintenance Services Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Siemens Mobility, Inc. 1026 E. Lacy Avenue Anaheim, CA 92805 (714) 456-9902 — Phone (714) 456-9905 - Fax This Professional Service Agreement ("the Agreement") is made as of May 13, 2019 (the "Effective Date"), by and between Siemens Mobility, Inc. ("Contractor'), a Delaware corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional traffic signal maintenance services. B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, City desires to engage Contractor to provide professional traffic signal maintenance services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified traffic signal maintenance professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows: AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 2of12 1.5 Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1 This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") commending on the Effective Date and shall expire thereafter at midnight on May 13, 2022, unless sooner terminated or extended as provided by this Agreement. 2.2 The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from May 13, 2022 through and including May 13, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from May 13, 2023 through and including May 13, 2024, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1 City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty Five Thousand Dollars ($225,000.00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy -Five Thousand Dollars ($75,000.00) for each year of the Original Term. 3.2 Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 3.3 In the event that the City exercises its option to extend the Original Term of this Agreement in accordance with Section 2.2, any 3of12 Services performed by Contractor during the first or second extension shall be compensated according to the rates shown on the fee schedule set forth in Exhibit A for Services, but in no event will the City pay more than $75,000.00 for any such first or second extension without prior approval of the City Council 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Michael J. Hutchens is the Contractor's primary representative for purposes of this Agreement. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 4of12 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Siemens Mobility, Inc. 1026 E. Lacy Avenue Anaheim, CA 92805 Attn: Michael J. Hutchens 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details of performing the services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. 8.2. Any additional personnel performing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.3. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 5of12 serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all services and other matters covered under this Agreement, including but expressly not limited to, all services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the services provided in sufficient detail to permit an evaluation of all services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this 6of12 Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 14.0 Insurance 14.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 14.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the 7of12 City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 14.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 14.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15.0 Indemnification, Hold Harmless, and Duty to Defend 15.1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, indemnify and hold harmless the City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 15.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, 8of12 subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). 15.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 15.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 15.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 15.4. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' 9of12 compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 15.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 15.5. Contractor's covenants under this Section 15.0 shall survive the expiration or termination of this Agreement. 16.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 17.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 18.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 19.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 20.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 10 of 12 21.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 23.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 24.0 Prohibited Interests; Conflict of Interest 24.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 24.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 24.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 11 of 12 business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 25.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 26.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 27.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 12 of 12 CITY OF SEAL BEACH Ingram, City M2F" .0- Attest: Approved as to F LIM Attorney S7296-000112292797v3.doc CONTRACTOR: Siemens Mobility_toc., a Delaware corpo io By: _ Michael J. Hutchens Operations Manager, ITS By: _ Steve -R al Director, IT'S-Sernrce- (Please note, for corporations Corporations two signatures required pursuant to California Code Section 313.) EXHIBIT A Contractors Proposal SIEMENS Helping Our Communities Become Vibrant, Growing & Green Proposed to: Ms. Iris Lee Deputy Public Works Director Department of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Table of Contents COVERLETTER------------------------------------------------------------------------------------------------------------------ 2 WORKPLAN----------------------------------------------------------------------------------------------- -- ----- - - - ------ V. ROUTINE MAINTENANCE------------------------------------------------------------------------------------------------------------------------- 3 MonthlyInspection--------------------------------------------------------------------------------------------------------------------------------- 3 Quarterly Maintenance (Every Three Months)-------------------------------------------------------------------------------------------- 5 Semi -Annual Maintenance (Every Six Months)------------------------------------------------------------------------------------------- 5 YearlyMaintenance --------------------------------------------------------------------------------------------------------------------------------- 5 STAFFINGPLAN------------------------------------------------------------------------------------------------------------------11 CONTRACTMANAGEMENT TEAM-----------------------------------------------------------------------------------------------------------------------11 FIELDMAINTENANCE TEAM------------------------------------------------------------------------------------------------------------------------------12 MANAGEMENTCONTACTS:------------------------------------------------------------------------------------------------------------------------------13 Additional Resources available to the City of Seal Beach---------------------------------------------------------------------------14 ORGANIZATIONAL INFORMATION-----------------------------------------------------------------------------------------------------------------------15 EXCEPTIONS--------------------------------------------------------------------------------------------------------------L; COMPANY QUALIFICATION ABRIEF OVERVIEW OF SIEMENS-------------------------------------------------------------------------------------------------------------------------17 OURDISTINCT QUALIFICATIONS------------------------------------------------------------------------------------------------------------------------18 KEYCONTACT--------------------------------------------------------------------------------------------------------------------------------------- PROOF OF CONTRACTORS LICENSE AND DIR REGISTRATION--------------------------------------------------------------------------------------19 PRIMARY FACILITIES AND STAFF SUPPORTING THE CITY OF SEAL BEACH:------------------------------------------------------------------------20 FINANCIALINFORMATION--------------------------------------------------------------------------------------------------------------------------------21 PROJECTAPPROACH---------------------------------------------------------------------------------------------------------------------------------------22 WhatSets Siemens Apart------------------------------------------------------------------------------------------------------------------------22 MaterialInventory ---------------------------------------------------------------------------------------------------------------------------------- 22 Reporting and Record Keeping---------------------------------------------------------------------------------------------------------------23 TestingServices-------------------------------------------------------------------------------------------------------------------------------------24 Fiber Optic Repair Installation, Maintenance Services-------------------------------------------------------------------------------24 USADig Alert-----------------------------------------------------------------------------------------------------------------------------------------24 Customer Portal (Traffic Signal Service Management System)--------------------------------------------------------------------25 IndustrySpecific Tools----------------------------------------------------------------------------------------------------------------------------26 Vehicles& Equipment----------------------------------------------------------------------------------------------------------------------------27 WHYCHOOSE SIEMENS?----------------------------------------------------------------------------------------------------------------------------------)Q REFERENCES-------------------------------------------------------------------------------------------------------------------------30 INSURANCE REQUIREMENTS----------------------------------------------------------------------------------------------------33 SEALED FEE PROPOSAL-------------------------------------------------------------------------------------------------------------34 SIEMENS DELEGATION OF APPROVAL AUTHORITY-----------------------------------------------------------------------35 April 23`d, 2019 Ms. Iris Lee Deputy Public Works Director Department of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 RE: Proposal for: Traffic Signal Maintenance Services Ms. Lee, SIEMENS I"ICAnNi� -(or (A fe.. Siemens ITS would like to express our sincere appreciation for the opportunity to participate in the proposal process for providing maintenance, emergency response and repairs for the City's traffic signal system. The prices and terms stated in our proposal package will remain in effect for 90 days from the date of submission, April 23`d, 2019. Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29`h 2017. Siemens Intelligent Traffic Solutions (ITS) is a business unit within Siemens Mobility, Inc. a subsidiary member of the Siemens AG corporate group. Our federal tax employer I.D. number is 30-1018552 and our corporate address is One Penn Plaza Suite 1100, New York, NY 10119. Siemens ITS is an electrical contracting firm who is a California licensed A and C-10 contractor (CA License #1042278) and is also a registered Public Works Contractor (DIR No. 1000059880), who provides leading edge traffic technology for the fast -paced Intelligent Transportation Systems world. Whether providing maintenance services, local controllers, controller firmware, central systems, system analysis, design, or integration, Siemens brings innovative and reliable solutions to customers. During the evaluation, if there are any questions regarding this proposal please, feel free to contact either of us using the contact information listed below. We look forward to continuing to serve the needs of the City of Seal Beach and would like to thank you in advance for your consideration. Respectfully, Siemens Industry, Inc. Steven M. "Tea[ - Director of Service 2250 Business Way Riverside, CA 92501 (951) 784-6600 office (951) 784-6700 fax steven.teal@siemens.com Siemens Ind s Mi ael . Hutchens Operations Manager 2250 Business Way Riverside, CA 92501 (951) 784-6600 office (951) 784-6700 fax michael.hutchensgsiemens.com Work Plan Scope of work V. ROUTINE MAINTENANCE Siemens will provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment. Siemens will inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of all cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's communication system, testing and repair of battery back-up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation. Failure of Siemens to provide the services outlined in its Routine Maintenance list that requires the City or its agent to make corrections, shall be billed back to Siemens plus markup. Monthly Inspection Siemens will inspect, clean, adjust and make a routine inspection of each traffic signal location once per month. Siemens agrees that it will maintain a record in each controller cabinet showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City. Siemens will submit a standard checklist for inspections and tasks that are conducted at each intersection, which will include, but not limited to the following: 1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back- up cabinets, interconnect cabinets, removing any foreign material, including graffiti. Tighten all electrical termination and check all communication connections. Inspect/protect all related facilities for/from insect/bug/rodent infiltration. Rust and water damage shall be reported to the City in the monthly report. 2. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet. Traffic signal timing changes will only be made by Siemens with the City's approval. The City will be notified of these changes as soon as the change has been made. All changes will be documented in the necessary Contract records. 3. Check and verify timing of yellow (clearance) interval on all phases per the timing sheet. 4. Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard Time. S. Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian/bicycle push buttons for correct detection of various modes of transportation, and adjust or repair as necessary to restore intended operation. This includes splicing (or re - splicing) of detector loops and the replacement of pedestrian/bicycle push buttons. 6. Inspect all load switches, Battery Backup Units (BBU'S), photo -cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary. 7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached eighty percent (80%) depletion curve will be replaced. All traffic heads and pedestrian heads found out of alignment will be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, and report visibility deficiencies to the City immediately. Missing signs including pedestrian/bicycle push button plates will be replaced. Cracked or damaged loop sealants will be re -sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. 8. Immediately correct all safety deficiencies found during routine inspection and submit work authorization request to the City to schedule non -emergency work. 9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair, as needed. Replacement of Ethernet switches will be coordinated with the City and subject to its approval. Siemens will verify the grounds and connections of the copper twisted pairs at those locations using this communication system. Siemens will test and make any repairs or adjustments. The City reserves the right to contract this work out to others, without compensation to Siemens. Siemens may be required to provide assistance to the City, or other firms selected by the City, to troubleshoot Ethernet connections, as requested. 10. Check battery back-up systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair, as needed. The date of new battery installations will be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. Siemens will notify the City of non- operable or low -output batteries within twenty-four (24) hours. The replacement of batteries will be considered extra work and will require approval by the City. If batteries are found to be damaged (i.e., "exploded" or "cracked"), Siemens may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained. 11. Inspection of illuminated street name signs and safety lights will include at least one nighttime inspection each month with replacement lamps as required in addition to the timely replacement of burned -out or dim lamps as reported or observed. Siemens will notify the City of any sign panels or housing in need of refurbishment or replacement. 12. Inspection of flashing beacon operation and make any repairs or replacement of lights, as required. For some locations, Siemens will be responsible for updating the programming on an annual basis on local school bell schedule. Siemens will also update the programming for daylight savings twice per year. 13. Inspect the operation of speed radar signs and make any repairs as required Quarterly Maintenance (Every Three Months) The following tasks required quarterly (every three months) will be included in the established monthly fees for routine maintenance: 1. Cabinet door locks and padlocks will be lubricated with graphite lubricant, or equivalent, and maintained in good working order. Any missing or damaged locks will be replaced and/or repaired. Semi -Annual Maintenance (Every Six Months) The following tasks required semi-annually (every six months) will be included in the established monthly fees for routine maintenance: 1. Air Filters — Siemens will replace the air filter elements in all cabinets so equipped. 2. Battery Back-up System — Traffic signal battery back-up systems will be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The City shall approve the schedule prior to the commencement of work. Siemens will also review and prepare a report of annual replacement of batters by location and submit to the City. Yearly Maintenance The following tasks required once a year shall be included in the established monthly fees for routine maintenance: 1. Conflict Monitor — Siemens will test conflict monitors. Siemens will supply a report for each test conducted. The test will be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing will take place on a schedule approved by the City. Any conflict monitor that does not pass the test will be repaired or replaced and billed as Extraordinary Maintenance. 2. Emergency Vehicle Pre-Emption (EVP) — The optical detector lens will be cleaned according to the manufacturer's specifications at all signalized intersections and fire station installations throughout the City. Siemens will supply a report for testing of EVP system at each intersection. Testing will take place on a schedule approved by the City. Any EVP equipment will be repaired or replaced and billed as Extraordinary Maintenance. 3. Traffic Signal Controller Software — Siemens will verify and update records of current controller software or firmware. This includes the spare controllers that Siemens maintains for emergency replacement of failed traffic signal controllers. All updates of controllers that require shut -down of a traffic signal will be coordinated with the City and may be required to be conducted at night. Software updates may be required more frequently than once a year. 4. Painting — Siemens will prepare and submit an annual work authorization request to the City listing cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for Siemens to proceed on the painting will be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti will be performed by Siemens within twenty-four (24) hours of the observation or report, whichever is earlier. Siemens will use the City's current paint standard color and apply the appropriate paint type to provide uniform coverage and color on the equipment. Repair and Replacement Siemens will replace or repair any and all defective parts of the traffic signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned -out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of Extraordinary Maintenance. Siemens will complete all work in a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs. Loop Detector Replacement Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector will be replaced and billed as Extraordinary Maintenance. Lamps and Lighting Siemens will furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an eighty percent (80%) depletion curve (or fall outside acceptable levels), but not to exceed twenty-four (24) months, in accordance with the time schedule contained in the specifications. All traffic signal lamps must conform to the standards of the N.E.M.A., U.L., E.I.A., A.S.T.M., A.N.S.I., and any ordinance that may apply. Siemens agrees to use only standard traffic signal LED's equivalent in performance, reliability and durability to those manufactured to California Department of Transportation's (Caltrans) standards. Siemens agrees to supply all labor and equipment to perform the re-lamping function, with the cost of the LED's to be invoiced to the City. Siemens will clean, polish and inspect all lenses and reflectors at the time the traffic signals are re- lamped. At this time, all broken or deteriorated parts will be replaced or changed, as necessary, signal heads aligned, mast arm mounted, street name signs adjusted, and optically -programmed signal heads adjusted. If incandescent lamps are present and are in need of replacement based upon the above criteria, Siemens will replace the lamp to an approved manufacturer LED. The monthly Routine Maintenance bid price will include lamp replacement of burned-out/dimmed lights, as needed. LED modules and pedestrian indication replacement modules (material only) will be billed under Extraordinary Maintenance. Emergency Service Siemens will maintain a 24 -hour -per -day emergency service per the provision of Routine Maintenance for the replacement of burned -out lamps, turned heads, and controller malfunctions. Siemens will make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under Extraordinary Maintenance. The intersections where said traffic signals are located will be regularly patrolled by Siemens. Siemens will make immediate service calls on an emergency basis , responding within one (1) hour of notification during normal working hours of the Contract, and within two (2) hours during non -working hours of the Contract, including Saturdays, Sundays, and holidays in the event of any traffic signal system malfunction. Siemens is required to provide the reporting party, if different than the City, with an estimated time of arrival. The replacement of burned -out lamps need not be on an emergency basis provided there are at least two (2) indications still in good operation for each direction of travel. Such replacements will be handled as soon as possible under Routine Maintenance. Payment for Routine Maintenance Siemens will submit separate monthly billings for Routine Maintenance at the Contractor lump sum price per flashing beacon, per speed radar sign, and per signalized intersection, which will include safety lights and illuminated street name signs, per month. Said compensation will include all labor, materials, equipment, overhead, and profit for routine services in the price bid per intersection, per month, and no extra compensation will be allowed. VI. EXTRAORDINARY OR EMERGENCY MAINTENANCE Extraordinary/Emergency Maintenance involves the repair or replacement of equipment damaged by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation. Extraordinary/Emergency Maintenance also includes replacements based on obsolesce, required MUTCD updates, or other unusual factors when labor and materials necessary to ensure safe and efficient operation of the City's traffic signal system goes beyond Routine Maintenance. Siemens will provide Extraordinary/Emergency Maintenance for the traffic signal system and related equipment. Siemens will prepare and submit a work order to the City providing a detailed justification for the needed repairs. The work shall be subject to the City's authorization. City reserves the right to separately bid Extraordinary Maintenance work to other firms, without compensation to Siemens. Siemens may be required to assist or support other City -retained firms, as requested. Siemens will be advised that all work will be schedule for normal working hours unless, but not limited to: 1. A completely blacked out intersection 2. Less than two (2) indications per lane is inoperative 3. Conflicting signal timing 4. City request Extraordinary/Emergency Maintenance will generally include, but not limited to: 1. Repair and/or replacement of failed or malfunctioning equipment 2. Modifications to traffic signal equipment, such as, but not limited to, upgrades of controller cabinets and controller components. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart. 3. Replacement of battery back-up system components 4. LED module replacements 5. Pedestrian indication replacements 6. Painting of cabinets and signal heads 7. New lenses and framework 8. Loop detector replacements 9. Video detection camera repair/replacement 10. Interconnect installation, repair, terminations, and testing of same (excludes Routine 11. Maintenance testing) 12. Replacement of equipment that becomes obsolete or deteriorated equipment that is beyond its serviceable life. Other Extraordinary/Emergency Scope of Work Siemens response to all Underground Service Alert (USA) requests/notices relating to traffic signals, interconnect, and communication infrastructure will be billed as Extraordinary Maintenance. Siemens may be required to assist in the final inspection of new installations or provide interim emergency response or repairs not currently owned by the City, as authorized by the City. Notifications Siemens will report to the City the condition and provide satisfactory evident that replacements/repairs are necessary, and provide cost estimates, including labor, equipment and material, to perform said work. Siemens will also submit to the City photographic records of damaged equipment requiring replacement/repair. No work will proceed without the City's written authorization, except in emergencies and/or when immediate replacement/repair is needed to ensure public safety. All Extraordinary Maintenance work orders will be completed by Siemens to the City's satisfaction within ten (10) calendar days, unless otherwise agreed upon with the City. The completion of final repairs subsequent to Siemens temporary repairs shall be subject to the same ten (10) calendar day's completion requirements. Should Siemens be unable to complete said work within the specified time, Siemens will submit a written explanation of the delay and an anticipated completion date for said work for the City's review and approval. Siemens will notify the City within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. Siemens will also provide a schedule for completion of any Extraordinary Maintenance work, and an estimated completion date. Emergencies Siemens will maintain a 24-hour per day emergency service for the replacement of burned -out lamps or LED's, turned heads and controller malfunctions, or any damage that may pose a public hazard. The intersections where said traffic signals are located will be regularly patrolled by Siemens. Siemens will repair parts, replace parts and lamps or LED's, and otherwise keep the traffic signals in good working condition. Siemens will maintain a local telephone number where representatives of Siemens can be reached 24 hours per day. This telephone number is to be made available to all persons designated by the City. Siemens will respond immediately to emergency calls and dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. The follow traffic control procedures for emergency repairs will apply: 1. Siemens vehicle will carry sufficient and appropriate traffic control equipment to direct traffic during an emergency and/or when deemed necessary by the City. 2. If no police officers are present and temporary STOP -signs have been set up upon Siemens arrival, Siemens will survey the site and provide additional traffic control devices, as necessary, then proceed to repair traffic equipment. Once the signal is back in operation, Siemens will remove all of the temporary traffic control devices and return City -owned devices. 3. If a police officer is present upon Siemens arrival, Siemens will immediately examine the signal, evaluate the situation, and report to the police officer to determine the next course of action. 4. If Siemens must leave a blacked -out signal location that has STOP -signs in place, Siemens will consult with the police and set the signal to flash operation if power is available. Siemens will follow-up to restore normal traffic signal operations as soon as possible. Underground Service Alert Siemens will be responsible to respond to all Underground Service Alert (USA) requests/ notices/tickets or at the request of the City for all marking and protection of traffic signal unground facilities/infrastructure including, but not limited to, traffic signal and electrical conduit, interconnect and communication facilities, loops, and other appurtenant equipment. Siemens will be responsible for properly locating noted facilities/infrastructure and maintaining an up- to-date inventory and as-builts for said purpose. All updates shall be transmitted to the City in a format adequate for its records. In the event said facilities/infrastructure is damaged due to Siemens failure to properly mark the facilities/infrastructure per the records, the costs for repairs will be the sole responsibility of Siemens for areas that were not properly marked. It shall also be Siemens responsibility to coordinate, clarify, and/or verify with the requesting party. Painting Siemens will repaint all metal standards, signal heads, back plates, visors, controller housings, and appurtenances, as directed by the City. Repainting will be conducted by spray painting methods with colors, sheen, types consistent with traffic signal standards, and as approved by the City. Siemens will annually inspect and prepare a list of locations as part of Routine Maintenance, and submit to the City for work authorization. Street Light Maintenance Siemens will repair/replace all equipment associated with City -owned streetlights as directed and approved by the City. City -owned streetlights and all associated components will be repaired or replaced as Extraordinary Maintenance. City -owned streetlights are limited to (1) Main Street, and (2) 1st Street Parking Lot. Method of Payment An itemized invoice will be submitted within thirty (30) days of completion of the work. City will compensate Siemens for Extraordinary Maintenance work as follows: 1. Materials — City will pay to Siemens for materials used in Extraordinary Maintenance Siemens cost plus a percentage mark-up as specified in Siemens bid proposal, but in no case more than 15 percent (15%). All parts and materials shall be new. Used parts will not be used, unless explicit written authorization was provided by the City. The City reserves the right to inspect all Siemens records to verify material cost. 2. Direct Labor — Siemens will present with its monthly itemized invoice a record of hours spent under Extraordinary Maintenance. Siemens hourly rates will include compensation for wage, profit, overhead, fringe benefits, health and welfare, worker's compensation insurance, pension/retirement benefits, vacation/sick leave, union tax, assessment, and any applicable local/state/federal/union related costs. 3. Equipment — City will pay Siemens for equipment use under Extraordinary Maintenance on a per -hour basis, as specified under Siemens bid proposal. No additional payments of any kind shall be paid for equipment, unless otherwise noted. No additional compensation will be paid for transporting the equipment to/from the job site. Other 1. Labor Strike — It will be Siemens responsibility to provide continuous maintenance services, without any interruption, of all traffic signals. In the event of a labor strike, Siemens will provide other means, at its sole expense, to provide comparable services. City reserves to right to take any necessary actions to provide such services should Siemens fail to fulfill these terms. All costs plus mark-up will be borne by Siemens. 2. Permits and Licenses — Siemens will obtain all necessary permits and licenses (including City business license) to perform the Contract work at its sole expense. Siemens will give all notices necessary and incidental to the due and lawful prosecution of the RFP. 3. Patents — Siemens will assume all responsibilities arising from the use of patented materials/equipment/devices/processes/technologies. Staffing Plan Contract Management Team If selected, Jeffrey Pierce will be the Account Manager serving the City of Seal Beach. Jeff, his service coordinator, Jennifer Hall, and the area supervisor, Henry Graves, will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment. Our account management team as well as our field staff will work closely with you and your team in order to ensure that all of your requests are being effectively addressed. We make every effort to make certain that the City's staff is always aware of issues that are in need of attention. Jeffrey Pierce, Service Account Manager Jeff has over 31 years of extensive experience in the traffic signal maintenance industry. He is extremely knowledgeable with all aspects of traffic signal maintenance, repair, and construction. He has served in multiple roles from field technician to field supervisor and is currently a Service Account Manager. Jeff is accountable for the overall performance of contracts in the San Diego and Orange County territory, manages 10 field employees and will be the primary Siemens representative responsible this contract. Experience: e j - Service Account Manager, Siemens - October 2012 to Current __ YParton m PUWC WETY ow - Service Operations Supervisor, Siemens - 2010 to 2012 IMSA Work Zone Safety Project Manager, Republic ITS - 2004 to 2010 - IMSA Level I, 11, III Certified Traffic Signal - Lead TrafficSignal Tech, Signal Maintenance -1992 to 2004 Technician Utility Technician, Lekos Electric -1991 to 1992 - Traffic Signal Technician, Southwest Signal Service -1988 to 1991 Other Industry Certifications: ATSSA Traffic Control Technida n ATSSA Traffic Control Supervisor Jennifer Hall, Service Coordinator Jeri has over 7 years of experience maintaining customer contracts and providing support to the management and field execution team. She is well versed in many software applications and systems including, but not limited to, Microsoft Excel, Word, Outlook, Live Meeting, SAP ERP systems, Mcompanion, and SharePoint. Jen is responsible for day to day coordination, dispatching, Customer billing, and support for Jeff and the field technicians with all other topics. Experience: Service Coordinator, Siemens - 2014 to Present Administrative Support, Siemens - 2012 to 2014 Other Certifications: - Licensed Notary Henry Graves, Maintenance Field Supervisor Henry has 33 years of experience maintaining and repairing traffic signal and streetlight systems. He is extremely knowledgeable with all field elements including, but not limited to, traffic signal rewiring, underground conduit installation, traffic signal modifications, pole foundation removal and installation, complete traffic signal installation, and routine/emergency maintenance response. Henry will be responsible for supporting the Service Account Management Team with monitoring maintenance field activities, site inspections, and scheduling maintenance technicians. Experience: mogsz Field Supervisor, Siemens -2010 to Present Yaw Part onto PUBEKSAHT-Y- Maint. Superintendent, Republic ITS - 2004 to 2010 IMSA Work Zone Safety Utility Supervisor, Signal Maintenance, Inc. - 2000 to 2004 Utility Lead, Signal Maintenance, Inc. - 1995 to 2000 Utility Worker, Superior Signal Services - 1986 to 1995 Field Maintenance Team Siemens will assign one primary IMSA certified Level III traffic signal technician, who will be responsible for responding to calls within normal business hours. We will assign two secondary IMSA certified Level III traffic signal technicians to provide back up support in the event your primary technician is unavailable (i.e. vacation, sick days, jury duty, etc.). Primary Technician: Naim Yanie, Traffic Signal Technician Yanie has 10 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers (ASC/2070) and Econolite software systems. He also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc. Experience: �✓ur� j Traffic Signal Technician, Siemens - 2016 to Present rm,. P_m PUBLIC WET Traffic Signal Specialist, City of Irvine — 2014 to 2016 - IMSA Work Zone Safety Traffic Signal Technician, Siemens - 2010 to 2014 - IMSA Level 1, II, III Certified Traffic Signal Traffic Signal Technician, Republic ITS - 2009 to 2010 Technician Other Industry Certifications: - NEC Certified • Cert No. 157902 • Expires 06/09/2020 - Econolite ASC3 Controller Certified - Econolite Autoscope Certified - Iteris Video Detection Certified ! Bucket Truck Certified - ATSICMU/MMUTest Equipment Certified i Back-up Technicians: Kevin Daxon, Traffic Signal Technician Kevin has 18 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers (ASC/2070) and Econolite software systems. Kevin also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc. I Experience: caXsz� Traffic Signal Technician, Siemens - 2010 to Present yw y- n PUBLIC SAfEiY Traffic Signal Technician, Republic ITS - 2007 to 2010 ' IMSA Work Zone Safety Traffic Signal Technician, Team Econolite — 2004 to 2007 IMSA Level I, II, 111 Certified Traffic Signal Traffic Signal Technician, Signal Maintenance, Inc. - 2001 to 2004 Technician Other Industry Certifications: - NEC Certified ■ Cert. No. E -149693-G ■ Expires 08/19/2019 Econolite ASC3 Controller Certified Econolite Autoscope Certified Bucket Truck Certified ! ATSI CMU/MMU Test Equipment j Certified I MSA Certified Signal Inspector j Management Contacts: Michael Hutchens is the Southwest Area Operations Manager and is responsible for all operations in California and directly manages the service team that, if selected, would be managing the day to day traffic signal maintenance activities in the City of Seal Beach. Steven Teal, the Director of Service for Siemens Mobility Inc., is heavily involved in the operations and is available as an escalation point if ever necessary. Both Michael and Steven have signatory authority and are able to execute documents/contracts on behalf of Siemens Mobility, Inc. Steven M. Teal, Director of Service (U.S.) Steven has had a long, productive, and successful career in the traffic signal maintenance and repair j industry. Currently he assumes the accountability for overall profits and losses for the complete Customer Service (CS) business nationwide with responsibility for 60 office employees, management of 250 field employees and over 250 municipal traffic signal and street lighting maintenance contracts. Steven is involved in the local operations and will provide technical support to the local contract management team. We feel it's important that Customers have the ability to voice opinions, concerns, and compliments to our senior managers, therefore Steven will be available to you as a top level escalation point. Experience: °z - Director of Service (U.S.), Siemens -October, 2015 to Present Y- v.v. m wxx WM - Southwest Operations Manager, Siemens - 2012 to 2015 - IMSA Work Zone Safety Regional Manager, Republic ITS - 2007 to 2012 > .. - IMSA Level 1, II, III Certified Traffic - Operations Manager, Republic ITS - 2006 to 2007 Signal Technician - Project Manager, Republic ITS - 2004 to 2006 - IMSA Associate Member Maint. Manager, Signal Maintenance, Inc. - 2003 to 2004 Other Industry Certifications: Lead Traffic Signal Technician, Signal Maintenance, Inc - 2001 to 2003 - Microprocessors Traffic Signal Technician, Signal Maintenance, Inc -1998 to 2001 Iteris Video Detection Michael Hutchens, Area Operations Manager Mike has over 25 years of extensive experience in both the technical and construction related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough, professional and competent through the years from field laborer to project management, and most recently Operations management. Mike is responsible for overall profits and losses for the Southwest US territory with responsibility for 30 office employees, management of 70 field employees and 115 traffic signal and street lighting maintenance Customers. Mike is directly involved in the day to day operations. Mike will support the contract management team and also serve as the Cis first point of escalation, if necessary. Experience: IP- M PU�n Operations Manager, Siemens - November, 2015 to Present Y -RUC SME" Senior Service Account Manager, Siemens - 2010 to 2015 - IMSA Work Zone Safety Sr. Project Manager, Republic ITS- 2006 to 2010 - IMSA Level I, II, III Certified Traffic Signal Maintenance Operations Manager, Team Econolite - 2003 to 2006 Technician Chief Estimator, US Traffic Corporation - 1998 to 2003 Utility Technician, Signal Maintenance, Inc. - 1994 to 1998 Additional Resources available to the City of Seal Beach In addition to the previously mentioned technicians, Siemens has over 20 additional traffic signal technicians (mostly IMSA III certified) located in Orange, Los Angeles, Ventura, and Riverside / San Bernardino County areas. We also employ over 20 key construction personnel for major repairs. These include certified crane operators, dedicated utility locators for (USA) Dig Alert service, Corning certified fiber optic technicians, and our own in-house loop crew. Siemens ITS has the largest workforce of IMSA level III Certified Traffic Signal Technicians and NEC Certified Electricians in the industry. For your reference and to outline the strength of our team, we have listed additional personnel below: SOUTHERN GUFORNIA ROSTER I ��lC ,. •,, .. �.,.Ni:harlH.rt:la.rx SieYM Teal ClrK:or at Se"ke.- Nea Cprr,xl,nc Nan a•J"' e e e ', s ir*M Fierce Serer Account Wars" �uk Clvi,:uyln. Slocum hikk S.rµrita 'Cur,>truura•Nulrt�•t � e ' lieray Claves Feld Supervisor (NainManQl `. a�iy,Ga•:ah_ TrauiSynalTctimiciar e e e e d ".. 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GeKtlo Aryuiaro 're"c Sgrel Technidar 5 Ii—,m,will R Srpsrl rsiawiin• e e e e e fmwio Cmarx, Trak Signal TKhnidar e e 0 e "hshi dt:rry.� m• Sc•r+drrlmrrm, e e e e - Orr loner Trak Sgral TKhniciar e e e e �' 'rolarda "w, 'w -k Signal Tech -4dsr e e - ;acob Ganboa Tw'k Signa0veel Light CvordmN Wirt 'w bglaw ll TadrNklaySpulahrt e e e . ` Nathra. sauNa• NMhaniel Baler •r. Synal Slr•ciahe:,laL tclmrwr Trak Sgnal,41dwr Opdn Tachakhn e e e e e ;':`Sunlc• Sua••4y1•.,'mffn Signal cth•iian e e e e e rNirnphn Franco S4nr:4jb!!4alfn Sgnol alw irar e e 0 10 e Coli Landis Slrrethg+vTrane Signal TKft i an e e ® e ;.,rid Nnhnn Tla-, SL,na1 Conttnrni:nn Fnrmrar e e CecN TKry:r, Trex Sgnal Conslruaionfwmar e e v ^. '; craiy -vanc> Trax Signal rorrntan. Loop Crelr Laad . i wgo Nuroz Tw'k Signal rorernan. Carr Cprrator v” Willie 4. Sgnel,+Sucet lg1•t GroarvJinar e e e " Char: r4whr TraaS: Sgral : rrnnr n C . rr C:m—, 0 O David lalrnwn a••r. Siynal Grua. . C m Cytya:ai u lC,hl.s Nn r !ra'�Sr,ral,nnrrt lr�h.fr,,udmar ChM GaKis "rn"ir %i,nal'm:Kcman Leap Crena i:rhna:hnn N.ugrcc 'rati: Si,nal•Strret Iiyh• W—' .1 -Briar Lacas optin TKhnkiaa e RanUaaiy ac tSryrwbSucclLyl: Grow Jmar e 1, man Noriega Trak SigrabSvrel light Graurdmar Narl Netlina Tian, Sgral,Svem Lgh: GrouMmar e !aces :iarna USA Udergrouad Ufiky Locator e t°' Raphaca Vegas Street UqM outage Chechen Proposed sub -consultants/ sub -contractors All services as outlined in the RFP will be provided and performed by Siemens as the Prime contractor. With that stated, we at Siemens do maintain relationships with numerous specialty contractors throughout the industry in order to be able to respond to our customer's needs as a complete one stop solution for all things traffic signal and street lighting related. Organizational Information Steven Teal Director of Service Michael Hutchens Operations Manager Shenoa Townsend Service Account Mana Debra McVay-Manzo Jennifer Dalby Service Coordinator Dispatcher Naim Yanie Minh Tran Christopher Slocum IMSA Level III Traffic Signal Technician Engineering Technician Field Supervisor Kevin Daxon IMSA Level III Traffic Signal Technician David Elias IMSA Level I Traffic Signal Technician 21 Additional Signal Technicians 23 Const./Auxiliary Employees (Foreman, Crane Operators, Groundsman, etc.) Exceptions At this time, Siemens takes no exceptions or has any deviations to the RFP or contract documents. Furthermore, by submitting this proposal, Siemens acknowledges concurrence with the terms of the City's sample contract agreement, which was included in the RFP documents. Company Qualification A Brief Overview of Siemens Our Past Founded by Werner Von Siemens (pictured right) in 1847, Siemens has become a global powerhouse in electronics and electrical engineering,. operating in the industry, energy and healthcare sectors. Siemens AG (Berlin and Munich) entered the traffic industry market in 1924 with the implementation of the first signal system with red, yellow and green in Berlin, Germany. Innovation continued when Siemens introduced the first centrally controlled light signal system in 1926 and a tradition of developing ground -breaking technology in the traffic industry began. With its many years of presence in the world markets, Siemens Traffic Solutions possesses extensive international know-how and proven technical platforms in the areas of traffic management and guidance. Siemens entered the US transportation market in 1995 through the acquisition of two industry leaders in the United States; Eagle Traffic Control Products and Gardner Transportation Systems. In 2010 Siemens acquired Republic ITS, a U.S. leader in traffic signal and street light maintenance services in order to enhance its presence in the intelligent traffic solutions (ITS) market in the USA. With these business acquisitions, along with our extensive dealer network, Siemens Intelligent Traffic Solutions (ITS) business unit has the ability to solve traffic problems throughout the country and around the world. Our Present Siemens currently services over 10,000 traffic signalized intersections and 400,000 streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. Siemens has been in the traffic signal maintenance industry worldwide for over 50 years. Locally, Siemens (formerly Republic ITS & Signal Maintenance, Inc.) has been in business for over 40 years servicing numerous contracts throughout the state of California. Currently, in California alone Siemens maintains intersections for over 140 agencies encompassing over 4,000 locations of various sizes from full function intersections to in -pavement flashing crosswalks and rapid flashing beacons. Our Future At Siemens, we are always looking to the future and for our ITS division, the future is bright. With infrastructure improvement being the focus for many municipal governments these days, it is imperative that Siemens stays on the cutting edge of technology in order to remain relevant. Whether the agency is looking for connected vehicle, smart street lighting solutions, service/ support contracting, ITS software and controllers or complete infrastructure management, Siemens is constantly evolving the industry. We look to the future with the foresight that can only be gained through 170 years of experience and more importantly, we aim to shape it. Our Distinct Qualifications We feel that Siemens is uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner. Among some of the most beneficial: • Siemens has the largest workforce of IMSA level III Certified Traffic Wft Signal Technicians and NEC Certified Electricians in the industry. • Siemens has strategically positioned local field offices with an !` abundance of inventory and technical resources. • Our ability to complete entire projects in-house. Although we have many valuable external partners, we do not have to rely on consultants, outside subcontractors, or sourced project management. This improves communication, streamlines work, and eliminates unnecessary costs or delays. • Siemens is able to partner with numerous manufacturers and i distributors to provide leading technologies that will deliver a product that exceeds the City of Seal Beach's expectations at an economical rate. • Being part of a large, multi -national corporation provides us with the ability to finance specific strategic opportunities for our customers. • We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtual real-time. In summary, Siemens ITS is focused on delivering what cities need most today, safe, reliable infrastructure solutions. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions help you arrive safely, more efficiently and with less impact on the environment. Key Contact During the evaluation, if the City should have any inquiries regarding this proposal please, feel free to contact: Michael J. Hutchens 2250 Business Way Riverside, CA 92501 Office Phone (951) 784-6600 Fax (951) 784-6700 Email: michael.hutchens@siemens.com Proof of Contractors License and DIR Registration httos://www2.csl b. ca. aov/onli rieservices/CheckLicense I I/LicenseDetai I. asox?LicNum=1042278 Contractor's License Detail for License # 1042278 SIEMENS MOBILITY INC 1026 E LACY AVE ANAHEIM, CA 92805 Business Phone Number(714) 458-1534 Entity Corporation Issue Date 07/25/2018 Expire Date 07/31/2020 This license is current and active. All information below should be reviewed. r:1n - FI Fr`TPl1'AI Details Legal Name Registration County City License TypeMumbels) Current Status Registration Expiration Number Date Date Vie, SIEMENS M06iL11Y LNC. 1000059880 ORANGE ANAHEIM CSLI3.1042278 Active 07:30!2018 06730,2019 Primary Facilities and Staff Supporting the City of Seal Beach: If selected, all contract management, coordination and field technicians will be based out of this office: Siemens ITS Anaheim, CA Invoicing, Contract Administration and Warehouse 1026 E. Lacy Ave Anaheim, CA 92805 Phone (714) 456-9902 Fax (714) 456-9905 Our Anaheim location is located 20 miles from Seal Beach City Hall near Anaheim Stadium. The warehouse at this location stocks over $500,000.00 in inventory including new controllers, cabinets, signals, luminaries and most necessary ancillary devices. Though most of our staff keeps plenty of equipment on their trucks, if the need arises, this location can be easily accessed around the clock 365 days a year as a source of additional inventory that is readily available. We also have our Riverside Test and repair facility east of the city near the intersection of the 91 and 60 freeways, which houses another $550,000.00 in readily available equipment as an additional resource. Other Local Siemens ITS facilities. - Siemens ITS' Riverside Office Warehouse, Office, & %sting Facility 2250 Business Way Riverside, CA 92501 Phone (951) 784-6600 Fax (951) 784-6700 Siemens ITS' San Diego, CA Office Warehouse & Office 1820 John Towers Ave., Suite A EI Cajon, CA 92020 Phone (619) 562-1104 Fax (619) 562-1125 Financial Information Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29th, 2017. Siemens Intelligent Traffic Solutions (ITS) is a business unit within Siemens Industry, Inc. a subsidiary member of the Siemens AG corporate group, a multinational, multi -billion dollar company listed on the New York Stock Exchange. As such, Siemens AG files consolidated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www.siemens.com through "Investor Relations". All required financial reports and filings are available at the SEC's website http://sec.goy/edqar.shtml. SMI and its subsidiaries are not publicly traded companies and do not release separate annual financial statements. SIEMENS I,/ -for-tife- Project Approach Our approach is simple; we work diligently with our cities to develop and evolve the systems of communication and to hone in on their needs as a customer. It is always the goal of Siemens ITS to structure our service around each individual Customer's needs. We understand that throughout the term of a contract of this type, those needs may change so we approach all of our contracts with the same simple vision; build a partnership with the City's staff and work towards achieving common goals set forth through that partnership. This is an ever evolving process and that is why we believe that the only successful route is through establishing these common goals. Our methodology and a commitment to service will be applied to every aspect of our services for the City of Seal Beach and we strive to continually evolve this concept. Response times as requested in the RFP are easily met due to the City of Seal Beach's central location to our territory here in Southern California. We have a large staff and a customer base that allows us to be near or even in the city at all times. Response times of less than one hour are commonplace with our service group and are what we strive for. These times would simply not be possible if not for the fact that we have numerous highly qualified technicians, all equipped with bucket trucks and a rolling stock of materials, working throughout the territory. In a nutshell, if we aren't already there, we are always nearby which makes the one hour as requested in the RFP very easy to accommodate. As stated above, response times are not an issue; this pertains to after-hours calls as well. All of our staff live throughout the area and take their vehicles home daily. We have numerous on-call technicians working/ available 24 hours a day. Both our standard phone lines and our toll free 1 (800) 229-6090 are answered around the clock 365 days a year. We also encourage direct contact with individuals responsible for the contract such as the technician or superintendent in the event that the city believe that information can more easily transferred. What Sets Siemens Apart Though there are many reasons we feel that we are the best choice, listed in the following pages are just some of the remaining highlights that we feel we make us the better prepared and more qualified service provider to serve the needs of the City of Seal Beach. Material Inventory Siemens maintains an extensive inventory of traffic signal and streetlight equipment including controllers, cabinets, load switches, signal heads, poles, LED indications, luminaries (HPS, MH, MV LPS and LED), service enclosures, controller cabinets and other miscellaneous parts. This extensive inventory combined with our vast experience and testing facilities enable Siemens to repair or replace damaged equipment expeditiously and professionally. Siemens employees will be equipped with all spare parts necessary to place a signal system back in operation for all trouble calls, including sensing devices for induction loop detectors. No permanent or temporary change of controller mechanisms will be done without prior approval of the City except in case of an emergency. Siemens will notify the City that the equipment was removed and replaced with approved spare equipment. Inventory levels are maintained in order to accommodate each individual Customer's needs. Siemens continually monitors and modifies inventory levels as required by current maintenance and repair. Reporting and Record Keeping Detailed Billing/Activity Reports In addition to our Customer Portal, Which will be outlined in the coming pages, the City will receive a detailed billing report on or before the 15th day for the prior month. Each invoice will lists the description, response, caller information, and the labor, equipment and materials billed for each location. ti O' I OrYA1AOYrr I rwwaw Dab C001pleteM F0.14AR/1E12M6 01:00 Work Older IF 600276410E DeW MOW Req. 3601177167 DesalpUW IEC POLE KD ' CALLER PD Re$W—: REMOVED DAMAGED E0IUPIENT. DRLUM a MSTALUW MEIN W POLE. TM. TM 3 EEC. PV HEAD E VbTT H AMWIN LENEE6. 2 R. 2 Y a 2 a PV I=& COUNT -DOWN COMO IM LED. RE -USM PEDIEAD i PM ASW. RMACED PPB AND DMECTIONAL PIJITE OLD EM VAROff PROGRAM YELL FOLOw UP WRN sALL LHIEEE a PROGRAM som F CRY wAnT THEM PRoaRAIB6I:D. lion: Oty and Unet Cost Extra Routrw Marx ELECTRICIAN RT 12 000 H it PeF H S $ 0.00 ELECTRKUN OT 8.000 H a pet H $ SO -00 ELECTRICIAII PT 6 000 H a pef H $ $ 0.00 SERVICE SOCKET TRUCK 26 000 H M oer H S 90.00 Trial �S i 0.00 rnear a s o 0o11 s Intersection Records We will maintain permanent service records at each signalized intersection documenting all preventative maintenance visits, as well as all ongoing work, operations and hardware malfunctions, repairs and configuration work. An example of our cabinet log (intersection record) is below: SIEMENS CABINET LOO Testing Services Our laboratories specialize in controller and cabinet system testing and support services including, but not limited to conflict monitor testing and certification. Siemens' local testing facility is located in Riverside, California. Our facility have the ability to test and certify more than five (5) TS -1 or TS -2 Type control cabinet assemblies simultaneously. Our laboratory has all tools and spare parts available to allow our lab technicians to troubleshoot, test and repair typical traffic signal controllers and apparatus as long as it's found to be both economically and time wise beneficial to the City. Our facilities service all types and brands of traffic signal control equipment including Caltrans Standard, NEMA TS -1 and TS -2 and ITS equipment. Siemens's laboratory personnel include degreed IMSA certified traffic signal technicians and certified Electricians. Our Field technicians perform all traffic signal related tasks with decades of cumulative traffic signal test and repair experience. Fiber Optic Repair, Installation, Maintenance Services Siemens has a dedicated fiber optic placement, troubleshooting, and emergency repair team available for the City of Seal Beach. The team is fully equipped to perform OTDR testing, troubleshooting, fusion splicing, and any documentation needs for the City. Siemens' fiber optic team was responsible for successfully upgrading all CCN cameras and bringing in the fiber optic infrastructure into the new Caltrans District 8 Traffic Management Center in San Bernardino. USA Dig Alert Siemens has in-house underground utility locators that will respond to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, street light conduits, and other appurtenant equipment which may conflict with other right-of-way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech. Communication and Teamwork At Siemens, we are your partner. Our project management team as well as our field personnel will be constantly communicating with the City representatives and we will follow all communication/notification requirements as set forth and agreed upon. Routine monthly meetings will be key to ensure that everyone is on the same page, not only for system status but to make sure that we are on track with the City's budget and that we are serving the citizens of the City of Seal Beach to the highest level possible. Siemens employees working for the City will be equipped with any necessary communication devices in order to keep our City liaison(s) informed at all times. Currently, all of our staff is outfitted with an Android device that will enable them to send, and receive real-time information as well as text, email and phone capabilities. Siemens recognizes that speed, efficiency, and comprehensive service are the keys to customer satisfaction in our industry. With this in mind, we are constantly seeking innovative ways to improve our service delivery. We have developed an in-house suite of applications that represent what we believe to be the forefront of customer account management and maintenance tracking in our industry. Customer Portal (Traffic Signal Service Management System) Another form of communication is our web -based management system where our technicians transmit all service information in real time. This is included with all of our maintenance offerings at no additional charge. -,-D The Siemens Customer Service Portal gives our Customer access to • tyl lm reel-brne status u( routine meintenanee and servicr'dit, • I ncalmn hictoty Isnrt/ iltrr by data. Iptatinn all type Mc.) • Overall histfnicat n—itelance end el data. • R-I-b­eywpruenl urven(oiic s. map, event iepu 9, • AM nuoag—ot (includes dr9dal phnhxjr.g)hs. GIS data. Googly S1-0 viryr application Mc ) , ■?•IWpY"r111r1WY I f•(ttrllf IAllt hie lihit,millur9 IeslNllt\t• Arlt) MI IP n dlnl llhn(e dein' III Iedl-tom bad( to ouv order management system usinq tablets/chrome books. (+p • Mhiuge Irialmdl (lm' Is distill warehnlne •--M- ^�^• ---••• stock availability.. material ordering. truck to truck transfers. etc.) G� """"' . This software also allows us to monitoi many key performance items such as time arrived onsite. time or completion. y._ nihterials used. and vehicle/equipment used. • The contractual scope or work and all nalllterid(Ke activities are also avallable for le( I u rdn, to revim Ill oidel til rmulr all tasks die, (trupletHl wdthn liw specified timeframe. Technician Facing Application "mCompanion" Siemens utilizes a proprietary management system that we refer to as mCompanion. This software is used to dispatch work orders and to track the progress of all work. Our technicians are now transmitting service response items (preventative maintenance, emergency calls, scheduled extraordinary repairs, etc.) in real-time back to our traffic signal maintenance and management system using a handheld device. This allows our customers to view all work orders in real time through our Customer Portal. This software also allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used. This information is then pulled into our internal processing system which features a secure web portal that the City can access in order to obtain progress on technician work for call outs and maintenance activities as well as a list of assets, asset map, real-time status of scheduled maintenance and service request calls, history per functional location, real-time equipment inventories, maps and event reporting as well as digital photographs of equipment. Detailed training of our management system is available anytime. Industry Specific Tools Siemens owns the following equipment used for various ITS components: • Two ATSI PCMT 8000 Conflict Monitor (CMU) and Malfunction Certification Unit • Two ATSI PCMT 2600 Conflict Monitor (CMU) and Malfunction Certification Unit • Fiber Optic Fusion Splicer w/ Cleaver • OTDR Tester • LED lumens Testers/various brands • Multiple Metrotech Underground Locators (USA Dig Alert) Monitor (MMU) Test and Monitor (MMU) Test and Vehicles & Equipment Siemens owns and operates approximately 100 service vehicles of various types and sizes in the State of California. The bulk of which is located in Southern California. All technicians are assigned vehicles which are taken home daily in order to ensure rapid response in case of emergency. To help ensure safety, Siemens uses hydraulic bucket trucks with aerial lifts which are OSHA approved, inspected and certified as required by law. All drivers are trained through the Sentry Program for Insulated Devices. In addition to bucket trucks, Siemens also owns many construction vehicles towable arrow boards, towable air compressors, towable changeable message signs, Bobcat with auger & backhoe attachments, all required hand tools, and many other items for maintenance and construction. The list below shows our fleet in Southern California and its respective proximity from the city of Seal Beach. Siemens Vehicles and Equipment Minh Tran V3051 aD71 fiord WKkup Matthew HLAs V061 2114 Ram Pid w Kevin Duan V079 2017 ford 45' 7nealatied Bucket Trick 7 . Francisco Akrarado V078 2117 ford 45' Insulated Bucket Truk a ax,s w Flom Vane S7-4157 0586 3=7 Ford k 45' kwJiamed Bucket Truck Rodrigo Gonzalez V050 2013 Ford Eaandene Val u ': '` Benpimn P%fts 77-34297M 20r,, Fail Q Imudaeed Bucket Truck " Wlilk am Extunaun %W4 2117 Fwd 45' kmAaWd Bucket Truk a David Elias S7 -167U 358 2011 Cadge 40' taped Bucket Truck s Alberto Rarnir¢ VW 3117 Fwd 45' Bnsuiaeed Bucket Truck OwiskWher Franco V083 3112' Ford 45' IrWated Bucket Trus. J „ Jorge L ora tiano V0B1 3117 Ford 4S' Lrs flamed Bucket Truk NeWe Ramos g, 47-22406942 2ri2 Ford 4Z' 7nsulaeed Bucket Truck Samson Monte VW 2117 Fwd 45' kwuiamed Bucket Truck Tmnadny %APaBkw V075 ZM7, Ford 45' Irisuitotad Bucket True Brandon Mddt S7 -1617U-7362111 Dodge 40' Non-Irmilamed Bucket Truck � GabrW Knutson VOBS 3117 Ford 45' Lreuhoed Bucket Truck Ben tnkken 47-193223.99 2111 Ford 40' Marr9rmallaeed Bucket Truck: i Gerardo Anguiano V0 Ci 3117 Fwd 45' Irrs<Aaoed Bucket Truck En>K)dwCdvsrpes S7, 211r Fard 40'NanllretfaoedBucketTruck Bucket Linda Mcneill S7-20910286 2012 Fwd 42' Ireurlamed Bucket Truck e Micheal Ortega V0T 2017 Ford 45' Ir"ned Bucket Truck Dennis Kyle 57-1671.1733 2111 Dodge 40' Non4mullated Bucket Truck Yolanda Begarano V197PK 2009 Ford Eaonoline Van Qnistophet Slocum V019 2017o Ford 45' ?reulated Bucket Truck Cow Landis V059 3117 Ford 45' Insulated Bucket Truck Son Le S7-20910.90 2117 Ford 41. Irtudaoed Bucket Truk Nadory Baker 57-27077547 4713 Ilam 41.IrtsulatedBucket Tack W Willis 57-41570570 2016 ford 42' ln%Aated Bucket Truck Tmodry Kasman V070 2017 lard 45' rWated Bucket Truck David MoGno V037 2112 Ford Utiky Cormuction Service Truck Pedro Yanez V3060 2011 Ford Wky/Consnuction Service Truk _ Cecil Terry Jr. V034 2012 Ford UnkyiConsuucdon Service Truck Crag Yanes V015 2011 Fwd Uuity/Carntrkcoon Service Truck Hugo Munoz V026 2012 Ford Utikty/Conkstrucoon Service Truck Chad Newton V036 2012 Ford UOlityr'Conmkuowr Service Truck 1ohnadwn Burgess VW22 2009 Cher Utiiityl Cost Truck Jose Robles Herrera 57-39702400 2016 Ram 45' Insulated Bucket Truck Olsen Garcia V031 2012 Fwd Utility/Construction Service Truck Casey GarciaV251SZ 2012 Chev Service Truck Mark Medina V3054 2011 Ford Pickup Michael De La Riva V3052 2109 Ford 40' Non4nsulated Bucket Truck Additional/Pooled Vehicles is • No. Nr Mak*_ CA NRFl-0915 rrsr VO93 2016 Ford 4 Yard Dump Truck CA 37946C2 VO52 2014 Freightliner Crane Track CA 41167M1 V3O63 2011 Ford Pickup Truck CA 89537C1 V3O64 2011 Ford Pickup Truck CA 449321-1 VO23 2005 Ford 3 Yard Dump Truck CA 7R94547 V1O33 2002 GMC 7 Yard Dump Trick CA 7A5254S 57-20910295 2012 Ford 42' Non Insulated Bucket Truck CA NRF1-0915 47-11832323 2008 Ford Utility/Construction Service Truck IN 1093034 Available Constriction Equipment ABS88 2014 Arrow Board (Towable) CA NRFl-0915 CC51 2011 GP Concrete Saw (Circle Saw) N/A TR311 2004 MLBLT Trailer CA 4KE1864 ABS84 2014 Changeable Message Sign (Towable) TBD ABS87 2014 lChangeable Message Sign (Towable) TBD HM341 2000 Crafco Hot Melt Machine TBD AC313 1999 Ingersoll Rand DP Air Compressor CA SE618O73 AB321 1999 Allmand 25 Lamp SP Arrowboard (Towable) TBD TR511 1980 Cable Trailer CA 2FL48O3 M311 2009 Cimline Loop Sealing Hot Melt Machine CA SE56O124 VAC311 2009 Ditch Witch 8OO9al Vacuum (Towable) CA 4LE8242 AC312 2008 Airman DP Air Compressor (Towable) TBD TR315 2007 Zieman 1170 Tilt Deck Trailer CA 4JE2941 ACO6O131 2007 Sullair Air Compressor (Towable) CA SE6O0037 TR312 2007 Individual Conductor (Wire) Trailer CA 4FU2198 AC29OO18 2007 Sullair Air Compressor (Towable) CA SE6O0038 AC321 2006 Sullair Air Compressor (Towable) CA SE6O0034 AB312 2006 Allmand 25 Lamp SP Arrowboard (Towable) CA SE613989 AC341 2005 Ingersoll Rand DP Air Compressor CA SE6OOO22 ^gid' 'VS 1800-LiGHTS�ON I Why Choose Siemens? At Siemens ITS, we feel that we are uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner. Among the most beneficial: Our experience, a GLLIFORMA REPUKIC Siemens ITS continues to successfully execute long term service agreements in over 200 communities nationwide, which include maintenance programs for: - 10,000 Signalized Intersections. - 400,000 Streetlights. - 600 callboxes. In California, Siemens ITS maintains traffic signals and street lighting for 115 communities, encompassing: - 4,000 signalized locations - 40,000 streetlights. As the leader in the private traffic signal and streetlight maintenance industry in the United States, Siemens ITS is able to provide unparalleled expertise and outstanding value in traffic signal and street lighting related services. Among the most beneficial: ✓ Siemens has the largest workforce of IMSA level III Certified Technicians and NEC Certified Electricians in the industry. In addition, Siemens employs a wealth of key construction personnel for major repairs, dedicated utility locators for underground service alert (USA) Dig Alert service and Corning certified fiber optic technicians. ✓ Siemens has strategically positioned local field offices with an abundance of inventory and technical resources. ✓ Our ability to complete entire projects in-house. Although we have many valuable external partners, we do not have to rely on consultants, outside sub -contractors, or sourced project management. This improves communication, streamlines work, and eliminates unnecessary costs or delays. ✓ We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtually real time. In conclusion, Siemens ITS is focused on delivering what your city needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the city of Seal Beach and its residents. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions can help you arrive safely, more efficiently and with less impact on the environment. References References/Recent Project History Siemens has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. 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S" I N-1 11 C.: ", , —,- , A ll" 01 $2 5CO y �,o 10 11 S,— .. --, - — P-1— 11— 11, 1114 LA 11,711 11" -Y 1 1 1" 1 1 "11 11 71. T.. (-1 824 �1%7 --d Is, � I—, I A, A- M, 2 -9-9 OF XNAff US I Owl" 220 T -81 OF XNAff US Insurance Requirements Siemens Mobility, Inc. plans to fully intend to comply with the insurance requirements set forth in the RFP, should we be awarded the contract. Please see sample Insurance Certificate below: Sealed Fee Proposal As requested in the RFP, we have placed the Sealed Proposal Fee in a separate sealed envelope, which is clearly labeled "Sealed Fee Proposal" with our company's name and project title. SIEMENS City of Seal Beach Traffic Signal Maintenance Services Project Cost Schedule 1. Routine Maintenance Item Description: unit amwitkV Ufa TOW Pift T Monthly Traffic Signal Maintenance EA 22 $75.50 $1,661.00 $19,932.00 Monthly Flash Beacon Maintenance EA 5 $35.00 $175.00 $2,100.00 Total $22,032.00 U. Direct Labor Rates Item **$Cdoon unit RqwA0fWe Service Truck HR Operations Superintendent HR $70.00 $70.00 $70.00 Foreman HR $120.00 $150.00 $178.00 Traffic Signal Technician HR $115.00 $140.00 $167.00 Streetlight Technician HR $105.00 $124.00 $143.00 Utility Technician HR $115.00 $140.00 $167.00 Groundsman I HR $100.00 $140.00 $140.00 Lab Technician HR $85.00 1 $85.00 $85.00 Engineering/Systems Technician HR $120.00 1 $150.00 $178.00 Regular time hours are Monday -Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM- 07:30AM, Weekends and Holidays 111. Equipment Rates IV. Extraordinary Maintenance 1 Unit.' U Service Truck HR $25.00 Bucket Truck HR $28.00 Crane Truck HR $55.00 Towable Air Compressor HR $5.00 Towable Arrow Board HR $5.00 IV. Extraordinary Maintenance 1 Unit.' U Underground Services Alert (USA) Locate/Markout Services HR $132.12 Install 6' Dia Circular Type E Loop (1-4 loops) EA $500.83 Install 6' Dia Circular Type E Loop (5 or More loops) EA $427.43 Cabinet Testing EA $880.83 V. Material Item oet6riptkm Unit . Unitl�:] Material Mark-up will be Invoice Cost Plus 15% SIEMENS I CSL-LGATTON ONLY APPI_IE:S T'O SIFMH:NS MOBILITY, INC. ALI GONTRAGT'S, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOGUMENTS '1'0 BE SIGNED ON BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND MARSHA SMITH WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM CEO MARC BUNCHER AND CFO MARSHA SMITH Mobility Management Rolling Stock Intelligent Traffic Systems Turnkey Projects & Electrification Customer Services SIEMENS MOBILITY, INC. A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position John Paljug VP—MM Stefan Heckrath Senior Director, FBA — MM Michael Cahill VP — RS Christopher Halleus Senior Director, FBA — RS Robin Stimson VP — RS MK&S James Thornton Head of Procurement — MO Andreas Thon VP — TPE Michael Tyler Senior Director, FBA — CS Marcus Welz VP — ITS Miriam Scheer Senior Director, FBA — TPE David Buchfuehrer Senior Director, FBA — ITS SIEMENS B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Douglas Dreisbach Nick D'Alessandro Director, Projects — MM Controller, Products & Freight Engineering Carrie Hernandez Director, RS SPR MM Stephan Klein, Jessica Shaiegan SeniorProjectDirector — MM Director Procurement — MM Steve Gitkin Valerie Conway Sales Director - ITS Senior Director, RS SPR David Gutierrez Thomas Wiechert Director, RS LR Director RS LR Luis Tondi Resta Dariusz Chrominski Director Products — MM Director RS LM Armin Kick Thomas Glafenhein VP — LM & HI Director, RS SC BG & RS TD Omid Akbarzadeh-Paydar Kim Swain Director, RS SC BG Director, RS CRC & LM Raymond Ginnell Angel Acuna-Siler VP — RS CRC Director FBA Projects — MM Mike Nolan Matthew Rumbold Director, Sales — MM Manager, Procurement — CS Laura Coates General Manager, RS TD C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position Tony Ritter Director, CS Nikki Bassi Director RS Reiner Martin Director CS Cathie Steele Director, CS LR & MM Mark Bennett VP, Operations RS Carrie Hernandez Director, RS SPR David Hart Manager, TPE Michelle Picard Director, RS Cesar Losada Director, CS Matthaeus Decker Manager, RS SPR Goutham Lingannagari Director, Bid & Project Management — ITS Craig Debevoise Projects Commercial, ITS Simon Davidoff Director, Data Services — CS David Anderson Project Procurement Manager, TPE Steve Teal Director, ITS Service Rudolf Wagner Performance Controlling, MO 2 SIEMENS Jeb A. Echols Warren Openshaw Manager, Project Estimating — MM Director, Plaffqtiqns BA, RS Paul Aichholzer Natalie Liggett Director, Projects, RS CRC & LM Sr. Commercial Project Manager, MM Rodrigo Resende Astig Arakelian Business Development Professional, TPE Real Estate, MO Benjamin Kotze Angela Maria De Paiva Delicado Head of Engineering, TPE Finance Manager, REM Americas Gary O'Brien Constanze Kutschki Head of REM Americas Manager, RS SPR D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Paul Eliea, Tommy Charurat Director, MM Director, Performance Controlling RS David Costello, Gisela Kaufmann Director MM Controller MM Dave Jeanette Constanze Kutschki Manager, MM Manager, RS SPR Jim Lyons Ronald Staggs Sr. Manager, MM Commercial Project Manager, RS LR Jeff Balogh Mary Matos Sr. Director MM Commercial Project Manager, RS LR George Long Christine Jaw V Engineering RS Commercial Project Manager, CS Robert Martner Kavita Patel Senior Project Manager, RS LM Commercial Project Manager, CS Jeffrey Curran Christopher Smith Project Manager, RS LR Commercial Project Manager, RS LR Duane Kopp Adam Huey Project Manager, CS Commercial Project Manager, RS CRC & LM Ron VanHuuksloot Thomas Koprowski Project Manager, RS LR Commercial Project Manager, RS SC BG Thomas Stehlik David Spence Project Manager, RS ME Commercial Project Manager, ITS Viorel Aninoiu Solomon Lee Project Manager, RS LR Commercial Project Manager, MM Carsten Nebe David Sarles Project Manager, RS CRC Procurement Commodity Manager, MM Mark Anderson Stuart Adler Project Manager, CS Project Procurement Manager, MM Aaldrik Metting Joel Nielsen Project Manager, RS LR Commercial Project Mana er RS LR Chander Khanna, James Hryniewicz Sr. Director, Manufacturing Processes Commercial Bid Manager, TPE RS Ibrahim Kalender Darla Lesnykh Project Manager, RS SC BG Commercial Project Manager, CS 3 f SIEMENS Barry Sidler Donna Lam Program Manager, CS Commercial Project Manager, RS CRC Luis Correia Noureann Mitchell Project Manager, CS Procurement Project Manager, ITS Michael Hutchens Rosa Baquero Operations Manager, ITS Commercial Project Manager, Field Services RS William Tucker Sarah Jenik Operations Manager, ITS Commercial Support, CS Gerhard Leitner David Michna Field Engineering Management, CS Commercial Project Manager, CS Ivan Bukin Peter Silberhorn Project Manager, CS Commercial Project Manager, RS CRC & ME Kevin McGrew Lars Volger Director, Quality RS Commercial Project Manager, MM Jamil Nasr Tien Pham Engineering Director MM Commercial Project Manager, CS Ben Linden Liam Nelson Senior Director Carborne Engineering, Commercial Project Manager, TPE MM Christopher Hammett Marcin Szczapa Project Manager, TPE Commercial Project Manager, CS Abhinav Mitra Clive Lepper Project Manager, TPE Commercial Project Manager, RS LR Matthew Thomas Michael Keats Project Manager, CS Commercial Project Manager, TPE Mason Boswell Noe Padilla Project Manager, RS LR Commercial Project Manager, TPE Mark Godsey Nishant D'Sa Project Manager, TPE Commercial Project Manager, MM Shawn McCuaig Lauren Westfall Director, Field Services RS Commercial Project Manager, MM Evgeny Inozemtsev Lisa Cams Project Manager, RS SC BG Commercial Project Manager, MM Francois -Xavier Beau Angela Hunter Project Director, MM Commercial Project Manager, MM Jacob Street Michelle Hillen Project Manager, MM Commercial Project Manager, MM Michael Carlo Anchal Bansal Project Manager, RS LR Commercial Project Manager, ITS Rolf Neuhaus Claudia Thiele Project Manager, RS CRC Commercial Project Manager, ITS Hany Gadalla Karlene Keene Project Manager, TPE Controlling,RS TD Dave Kost Rogerio Lavieri Production Manager, TPE Commercial Project Manager, RS LM Nicholas Corley Varnnaphapar Mekwattana Warehouse Manager, TPE Commercial Project Manager, RS SC BG Tony Abboreno Olga Fedorov Project Manager, TPE Commercial Project Manager, CS Eddie Urioste Stefan Brown Project Manager, TPE Commercial Project Manager, TPE Erik Schildknecht Yasmine Forghani Project Manager, CS Commercial Project Manager, RS LM _ Jon Aliason Tatiana Simonchik Project Manager, CS Commercial Project Manager, RS LM SIEMENS Malte Schierwater Charles Hollman Project Manager, RS LM Commercial Project Manager, RS LR Timothy Ferguson Stefan Hagl Head of Operations, RS TD ____ Project Procurement Manager, TPE Clint Schuckel Operations Manager, ITS Laryssa Parker Head of Digital Lab, ITS Charles Bell Project Manager, RS LR Nathan Kalesnikoff Project Manager — Bids & Proposals, TPE Jonathan Vann Project Manager, TPE Alejandro Sierra Project Manager, TPE Nils Soyke Head of Bid Management, ITS Del Nichols Director, PLM/R&D — ITS Bryce Dudgeon Project Manager, RS CRC E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position Diana Johnson Bid Manager, ITS _ John Billings Bid Manager, ITS David Love Sales Manager, ITS Robert Paquette Sales Manager, ITS Stefan Kraemer Business Developer, RS TD F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1s' day of March, 2019. { Marc Buncher CEO Siemens Mobility, Inc. Marsha Smith CFO Siemens Mobility, Inc. SIEMENS EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code sSection 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. ,a►coRO®CERTIFICATE OF LIABILITY INSURANCE DA/DD/YYYY) os/05/20/osnols 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 have ADDITIONAL INSURED provisions or 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 MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960-6454 CONTACT P N E.Iac No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR INSURER A: HDI Global Insurance Company 41343 100129-MOBI-18/19 REPUB Sachs 1185 INSURED SIEMENS MOBILITY, INC. INSURER B : Travelers Property Casualty Co. of America 25674 INSURER C : The Travelers Indemnity Company 25658 170 WOOD AVENUE SOUTH ISELIN, NJ 08830 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NIJMRFR- NYC-00903f139R-31 RFVICIAN NIIMRFR• 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. INSLTR TYPE OF INSURANCE AD L U R POLICY NUMBER MM/DDYLICY EFF M°�D/ EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Manashi Mukhedee -_1A.oLuok0" GLD11101-10 10/01/2018 10/01/2019 EACH OCCURRENCE $ 1,000,000 MAGE TO RENTE PREMISES Ea occurrence $ DA 1,000,000 MED EXP (Any one person) $ 100,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F—] JE OT [::] LOC GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ INCL $ OTHER: B AUTOMOBILE LIABILITY T= -CAP -7440L30-18 10/01/2018 10/01/2019 COMBINED SINGLE LIMIT $ 2000 000 Ea accident X ANY AUTO _ BODILY INJURY (Per person) $ N/A X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ N/A X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERT'YDAMAGE $ N/A Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LiAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ B C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A TC2J-UB-8049X508-18 (AOS) TRK-UB-8049X51A-18 (AZ,MA,OR,WI) TWXJ-UB-744OL338-18 (OH & WA) """"5500K LIMIT/ $500K SIR""' 10101/2018 10/01/2018 10101/2019 10/0112019 10/01/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED. CITY OF SEAL BEACH, ITS ELECTED OFFICIAL, OFFICERS, EMPLOYEES AND AGENTS ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IS EFFECTUAL $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. CERTIFICATE HOLDER (_AWCFI I ATInW CITY OF SEAL BEACH 211 8TH STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SEAL BEACH, CA 90740 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukhedee -_1A.oLuok0" ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD11101-10 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Person or Organization Required by a Written Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'Your work" for that insured by or for you. It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work performed by or on behalf of the Named Insured. CG 20 10 11 86 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00) - POLICY NUMBER: (TC2JUB-8049XSo-8-18) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT, AGREEMENT OR PERMIT. DATE OF ISSUE: 09-07-18 ST ASSIGN: COMMERCIAL AUTO POLICY NUMBER: TC2J-CAP-7440L34A-TIL-18 ISSUE DATE: 09-07-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following.- AUTO ollowing:AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.I. of Section II - Cov- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2, of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1