Local Highway Safety Improvement Program (HSIP) City Wide Traffic Signal Communication System Upgrades

City of Escondido San Diego County, California

CONTRACT DOCUMENTS

for:

RFB- 26-27 Local Highway Safety Improvement Program (HSIP) City-Wide Traffic Signal Communication System Upgrades Project

Questions Concerning This Project

Should be Directed to:

CITY OF ESCONDIDO

Project Manager

Ani Mehra / City of Escondido ani.mehra@escondido.gov

201 N. Broadway, Escondido, California 92025

PROPOSALS WILL BE RECEIVED at the Office of the City Clerk, City Hall, 201 N. Broadway, Escondido, California 92025 Before 2 p.m. on September 2, 2026.

Ani Mehra Cross-Out

Jason Christman, City Engineer 201 N. Broadway, Escondido CA 92025 Phone: 760-839- 4615

REQUEST FOR BIDS

August 5, 2026

Re: Notice to Bidders – Request for Bids (“RFB”) No.26-27 - Local Highway Safety Improvement Program (HSIP) City-Wide Traffic Signal Communication System Upgrades Project Bid

Notice is hereby given that the City of Escondido, a California municipal corporation (“City”) is soliciting bids from qualified Vendors to furnish Traffic Signal Communication equipment per Exhibit 1 - Bid Schedule, which is attached hereto and incorporated by this reference.

Interested bidders must sign and return one original bid and two copies of the original bid no later than 2 p.m. on September 2, 2026 (“Bid Submission Deadline”). Any bids received after the Bid Submission Deadline will not be accepted and will be returned unopened to the bidder. Bids must be mailed or hand delivered. Electronically submitted bids shall not be accepted. Bids shall be submitted in a sealed envelope or package clearly addressed as follows:

City Clerk Attn: SEALED RFB No. 26-27 – Local HSIP City-Wide Traffic Signal Communication System Upgrades Project 201 N. Broadway Escondido, CA 92025

All submitted bids shall become public record upon their delivery to the City. Properly submitted bids will be opened at 2 p.m. on September 2, 2026 at 201 N. Broadway, Escondido, CA 92025 Parkview Conference Room located on the second floor (“Bid Opening”).

Questions or comments concerning this RFB must be submitted via e-mail to Ani Mehra, Project Manager at ani.mehra@escondido.gov no later than 3 p.m. on August 13, 2026 (“Questions Deadline”). Any questions or comments regarding this RFB received after the Questions Deadline will be disregarded. Emails concerning this RFB should state the following in the subject line: “RFB No. 26- 27 – Local HSIP City-Wide Traffic Signal Communication System Upgrades Project Bid.” Any communication regarding or relating to this RFB with any City employee or official other than Ani Mehra is strictly prohibited. A summary of questions from prospective Bidders and the City’s responses will be posted on the City’s website at https://www.bidnetdirect.com/california/cityofescondido by 5 p.m. on August 21, 2026.

Each bid shall be in accordance with specifications, instructions, and information contained in and attached to this RFB. The City reserves the right to accept or reject any or all bids for any reason it deems necessary, and to waive defects or irregularities in any bid. This RFB does not commit the City to award a contract or to pay any costs incurred in the preparation of a response to this request.

Sincerely, Ani Mehra, Project Manager

THE CITY OF ESCONDIDO ENCOURAGES THE PARTICIPATION OF LOCAL BUSINESSES AND DISABLED VETERAN

BUSINESS ENTERPRISES

Project mailto:ani.mehra@escondido.gov https://www.bidnetdirect.com/california/cityofescondido

Introduction

The City is seeking unit price bids for Traffic Signal Communication System Upgrades to be used for the Local HSIP City-Wide Traffic Signal Communication Upgrades Project (“Project”) at various locations within the City.

The contractor awarded the Project (“Contractor”) will provide the City with the delivery of equipment which are required for the completion of the Project in accordance with the provisions of the Contract Documents. Acceptance by the City of the bid and the issuance of a purchase order to the successful bidder shall be deemed to result in a binding contract without further action required by either party.

Items are to be furnished as described in the bid submitted in response to this RFB, or as otherwise agreed between Contractor and the City, shall be in strict conformity with all instruction, conditions, and specifications, contained in the complete contract.

Bids will be analyzed and the award made to the lowest and most responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered.

Project Description

The City of Escondido is located in north San Diego County, approximately 30 miles north of the City of San Diego, California. The City is an established community incorporated on October 8, 1888 under the general laws of the State of California. The City operates under a City Council/City Manager form of government. The City is organized into the following operating departments: City Attorney, City Clerk, City Manager, City Treasurer, Community Development, Communications & Community Services, Engineering Services, Finance, Fire, Human Resources, Information Systems, Police, Public Works, and Utilities.

The Work under this contract includes the furnishing of materials, tools and equipment, which is required for the completion of the Project in accordance with the provisions of the Contract Documents.

WORK TO BE DONE. In general, the work is related to supplying and delivering equipment including, Ethernet switches, cellular routers, PDUs, antennas, and network cables conforming to the technical requirements. The scope of work includes, but is not limited to performing the following work:

1. Furnishing cellular modems and power supplies

2. Furnishing cellular antennas

3. Furnishing Ethernet switches

4. Furnishing network capable PDUs

5. Furnishing network cables

6. Furnishing associated documentation including but not limited to product manuals.

7. Packaging, shipping, and delivery of the specified equipment to the City.

Delivery dates shall be provided to the City in advance, and deliveries shall be coordinated with the City. Any damage occurring during transport shall be repaired or replaced at no additional cost to the City.

Beyond the initial purchase quantity, the initial term of the contract shall be for a period of two years during which time the City may purchase additional quantity(ies) per the contract price on an as-needed basis. The additional quantity(ies) are on an as-needed basis, so if the demand is not there, then additional quantity(ies) will not be requested. There is no guarantee for any additional quantity(ies) beyond the initial bid quantity. Beyond the initial two-year term, the City shall have the option to extend the contract for up to two additional years for a maximum term of four years.

Prices for the initial two-year term of the agreement must be firm. However, all possible increases and changes that may occur following the initial two-year term must be clearly identified in the bid. The bid should include pricing to cover all possible four years of the Agreement.

The Project Specifications are available as a free download from the City’s webpage at BidNet Direct: https://www.bidnetdirect.com/california/cityofescondido. Select “Open Solicitations”

The complete set of specifications have the title:

“LOCAL HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CITY-WIDE TRAFFIC SIGNAL

COMMUNICATION SYSTEM UPGRADES PROJECT”

Bidders must register on BidNet Direct to ensure that they receive any addenda or updates.

Quantities

The quantities listed in this RFB are estimated annual purchase quantities. These quantities may fluctuate up or down, by item, during the contract year. The City is not obligated to order or accept more than the City’s actual requirements during the term of the agreement resulting from this RFB.

Prices

Prices included in submitted bids must include delivery/freight fee (Free on Board) and applicable state and federal taxes to the following facility:

City of Escondido Public Works Admin Building 475 N. Spruce St.

Escondido, CA, 92025 Contact: Wayne Thames Contact Phone: 760-291-7743 Contact Email: Wayne.Thames@escondido.gov Business hours: 7 AM to 4 PM, Monday through Friday, excluding City recognized holidays

A Bid Schedule is attached hereto as Exhibit 1 - Bid Schedule. The Bid Schedule of estimated quantities of work is included for convenience of bidders and for comparison of bids only, and is not guaranteed to be correct. All bidders are required to complete the Bid Schedule and submit as part of their bid.

The submitted Bid Schedule will be binding on the bidder once the contract is awarded.

https://www.bidnetdirect.com/california/cityofescondido

Bid Exhibits

Bidders must review and incorporate the City’s Standard Purchase Orders Terms & Conditions into submitted bids. The City’s Standard Purchase Orders Terms & Conditions are attached to this RFB as Exhibit 2 – City’s Standard Purchase Orders Terms & Conditions and incorporated herein by this reference.

Bidders must review the Special Provisions which are attached to their RFB as Exhibit 3 – Special Provisions and incorporated by this reference. By submitting a bid in response to this RFB, each prospective contractor agrees and takes no exception to the Special Provisions.

For reference only, Priority Signal Grouping List and Signal Grouping Figure as Exhibit 4 - Priority Signal Grouping List and Signal Grouping Figure and incorporated herein by reference.

By submitting a bid in response to this RFB each bidder acknowledges and agrees to follow all terms and requirements of this RFB (including Exhibits 1 through 5 and the contract resulting from this RFB (including Purchase Orders).

Estimated RFB Timeline

The following timeline is the City’s best estimate for the RFB process and is not binding on the City.

Description Date RFB Released August 5, 2026 Questions Deadline August 13, 2026 at 3pm PDT Posting of Questions and Answers August 21, 2026 Bid Opening September 2, 2026 at 2pm PDT Anticipated P.O. Issuance Date To be determined

Standards, Specifications, and Qualifications

Bidders shall meet or exceed the standards, specifications, and qualifications as detailed herein.

Bidders will be expected to provide evidence and other documentation as requested by the City regarding the standards, specifications, and qualifications detailed in this section.

Bidders must have a minimum of five years in the Traffic Engineering Industry and provide three agency references.

Right to Submitted Material

This RFB does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a contract or bid, or to procure or contract for, any services. The City reserves the right to accept or reject any or all bids received as a result of this RFB, or to amend, cancel (in part or in whole) this RFB if it is in the City’s best interest to do so. All bids, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.

Appropriations

The City’s funding of the purchase, may extend over multiple City fiscal years and is subject to annual appropriations. Bidder acknowledges that the City is a municipal corporation, is precluded by the State

Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFB or resulting contracts (including purchase orders) shall constitute an obligation of future legislative bodies of the City or State to appropriate funds for the purposes of this RFB (including purchase orders resulting here from). Accordingly, the parties agree that the terms within this RFB and resulting contracts (including purchase orders) are contingent on the City Council appropriating funding for and authorizing such compensation for during subsequent fiscal years. All contracts resulting from this RFB (including all purchase orders) may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. The City is not obligated to pay Vendor for any amounts not duly appropriated and authorized by City Council.

General Conditions

PLEASE READ CAREFULLY. THE FOLLOWING GENERAL CONDITIONS ARE A PART OF ALL

BIDS SUBMITTED IN RESPONSE TO THIS RFB AND THE RESULTING CONTRACT (INCLUDING

PURCHASE ORDERS).

This RFB as advertised are subject to all provisions of the Ordinances of the City of Escondido. Each bidder submitting a response to this RFB warrants that the submitted bid is genuine and non-collusive, or made in the interest of any person, firm, or corporation. A Non-Collusion Declaration (see Exhibit

5) shall be properly completed and returned with the bid documents.

In submitting a bid in response to this RFB, the submitting bidder (“Bidder”) agrees that:

• Bidder has carefully examined the specifications and all provisions relating to the Equipment to be furnished, or the work to be done, and understands the meaning of the requirements, and agrees to the same;

• Bidder will enter into a purchase order and furnish the Equipment in the time specified, and strictly conform to the City of Escondido specifications; and

• Bidder is prepared to use the City’s standard purchase order contract form rather than its own contract form. The City’s standard purchase order terms and conditions is attached to this RFB as Exhibit 2. Any terms in the bid response regarding limitation of liability, limitation in time of warranty, or other term that is inconsistent with the RFB requirements or the standard City purchase order contract form will not be allowed.

1. PRICES

All prices and notations must be in ink or typewritten. Changes or corrections may be crossed out, typed or written in ink, and must be initialed in ink by the person signing the bid. In the event of a conflict between Bidder’s unit price and extended price, the unit price will prevail.

2. SIGNATURE

All bids must be signed in the name of the Bidder and must bear the original signature in longhand of the persons duly authorized to sign the bid. Obligations assumed by such signature must be fulfilled.

3. MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified, corrected, or withdrawn PRIOR to the exact hour and date of the bid opening. Bid modifications, corrections, or withdrawals are not permitted AFTER the exact hour and date of the bid opening.

4. LATE BIDS

If bids are received after the exact hour and date of the bid opening, those late bids will be rejected and returned to the Bidder unopened.

5. EXPIRATION OF BID

All bids shall be considered firm for a period of 90 calendar days, commencing the day following the date of bid opening and expiring at midnight of the last day unless otherwise stated in the body of the solicitation.

6. AWARD OF CONTRACT

a. Bids submitted in response to this RFB will be analyzed and the contract awarded to the lowest and most responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered the most advantageous to the City, price and other factors considered.

b. The City reserves the right to reject any item or items therein, to waive any informalities technical defects and minor irregularities in bids received, and to select the bids deemed most advantageous to the City. The City will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such.

c. The City reserves the right to award one or more contracts on the bids submitted whether by award of all items to one bidder or by award of separate items or groups of items to various bidders unless the bidder clearly specifies otherwise in the bid.

d. Acceptance by the City of Escondido of the bid, proposal, or quote and the issuance of a purchase order to the successful bidder within the time specified shall be deemed to result in a binding contract without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, and specifications, contained in the complete contract.

7. TERMINATION FOR CONVENIENCE

The City, by 30 day written notice, may terminate this contract in whole or in part when it is in the best interest of the City. If this contract is for supplies and is so terminated, the bidder shall be compensated in accordance with any reasonable costs to the point of notification of termination, but shall not be compensated for lost profits. Should this contract be for services and is terminated, the City shall be liable only for payment in accordance with the payment provisions of this contract for the actual services rendered to the effective date of termination.

8. TERMINATION FOR DEFAULT

a. The City of Escondido may by written notice of default to the successful bidder (subject to the provisions of subsection (c), below) terminate the whole or any part of this contract in any one of the two following circumstances:

a. If the successful bidder fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or

b. If the successful bidder fails to perform any of the other provisions of this contract, or fails to make progress so as to endanger performance of this contract, and if the successful bidder does not cure such failure within a period of 10 calendar days, City may terminate this contract.

b. In the event the City terminates this contract in whole or in part, as in subsection (a), above, the City may procure, upon such terms and in such manner as the Purchasing Supervisor may deem appropriate, supplies and services similar to those so terminated. The successful bidder shall be liable to the City for any excess costs for such similar supplies or services provided. The successful bidder shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

c. The successful bidder shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the successful bidder or its agent. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the City in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather. However, in every case the failure to perform must be beyond the control and without the fault or negligence of the successful bidder.

9. BID PROTEST

Any bid protest relating to this RFB shall be submitted via email to City Contact, Ani Mehra at ani.mehra@escondido.gov no later than five calendar days after the Bid Opening. The protest must include the facts and circumstances regarding the bid protest. The City will review the bid protest prior to the bid award; and may request additional information as the City deems necessary, or may determine the final decision of the bid award.

10. PURCHASE ORDER

All goods will be ordered by means of a purchase order. The City will NOT be responsible for articles or services furnished without a purchase order. All payments made pursuant to this contract are not assignable and shall only be made payable to the successful bidder. The City’s payment terms are Net 30 days from the date of the invoice. No pre-payment or partial up front down payment will be made for any goods or services except as specified in the bid documents.

11. TERMS

Payment will be made in full at the agreed prices, after acceptance by the City of each delivery.

The City is requesting an initial two-year contract with the successful bidder. During the initial two-year term, the City may purchase additional quantity(ies) per the contract price on an as-needed basis. The additional quantity(ies) are on an as-needed basis, so if the demand is not there, then additional quantity(ies) will not be requested. There is no guarantee for any additional quantity(ies) beyond the initial bid quantity. Subject to the City’s discretion, the initial two-year term may be extended for a maximum of two additional years. Prices for the initial two-year term of the agreement must be firm. However, all possible increases and changes that may occur following the initial two-year term must be clearly identified in the bid.

12. FIRM PRICES AND PRICE ADJUSTMENTS

Prices for the initial two-year term of the agreement must be firm. However, all possible increases and changes that may occur following the initial two-year term must be clearly identified in the bid.

In the event of a decline in market price(s) below the price(s) bid, the City shall receive the benefit of such decline.

13. EXPERIENCE

Bidders must have a minimum of five years of experience with this type of work to bid on this RFB.

14. REMOVAL AND REPLACEMENT OF DEFECTIVE MATERIALS

The successful bidder shall remove and replace, at bidder's own expense, any defective material that has been provided. If the successful bidder refuses or neglects to replace such defective material, it shall be replaced by the City at the successful bidder's expense.

15. DELIVERY

Furnished equipment shall be delivered to the City’s public works administration building. The City’s public works administration building location and contact information for delivery of furnished items are as indicated below:

City of Escondido Public Works Admin Building 475 N. Spruce St.

Escondido, CA, 92025 Contact: Wayne Thames Contact Phone: 760-291-7743 Contact Email: Wayne.Thames@escondido.gov Business hours: 7 AM to 4 PM, Monday through Friday, excluding City-recognized holidays

a. AS NEEDED:

When the City specifies quantities required on an as-needed basis, deliveries will be made within five working days after receipt of order unless approved by the City.

16. REJECTION OF DELIVERIES

The City reserves the right to reject any delivery which does not conform to the specifications detailed herein; or if after inspection by on-site City personnel, the truck, hose, or product is determined to be contaminated.

17. FAILURE TO DELIVER ON THE REQUIRED DATE

A required delivery is as follows:

a. The material is delivered to the required site on the required date;

b. The material is unloaded between the hours of 7 a.m. and 2 p.m.

c. All other requirements are met in this RFB; and

d. The required quantity of material is delivered.

The City, at its discretion, may cancel deliveries five working days before the scheduled delivery date.

18. ATTORNEY FEES

In the event that the City should prevail in any litigation brought by either party to this bid to enforce any provisions of this bid, the successful bidder shall pay to the City the cost and attorney fees incurred pursuant to said litigation.

This bid is governed by the laws of the State of California. Venue for all actions arising from this contract must be exclusively in the state or federal courts located in San Diego County, California.

19. INDEMNIFICATION, DUTY TO DEFEND, and HOLD HARMLESS The successful bidder (including the successful bidder’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the City, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with the successful bidder’s performance of the services resulting from this RFB or its failure to comply with any of its obligations contained in this RFB, except where caused by the sole negligence or willful misconduct of the City.

20. BRAND NAME

Whenever a reference to a specific brand name is made in this Request for Bid, it is to be construed as a specification which describes a component that has been tested or evaluated by the City as best meeting the specific operational, design, performance, maintenance, quality or reliability standards as required by the City. The City reserves the sole right to reject testing samples of previously tested product that did not meet the City’s standards.

The City reserves the sole right to reject a substituted component that will not fulfill the requirements. It shall be the sole responsibility of the bidder to provide at bidder’s expense any product information, test data, and other information or documents the City may require to fully evaluate or demonstrate the acceptability of the offered substitute. Where appropriate, independent testing or evaluation at qualified test facilities, at bidder’s expense, including destructive testing, may be required as a condition of acceptance.

21. INSURANCE REQUIREMENTS

The successful bidder shall procure and maintain, at its own cost, during the entire term of the contract resulting from this RFB (including Purchase Orders), insurance against claims for injuries to persons or damages to property that may arise from or in connection with performance of services resulting from this RFB, and the results of such work, by the successful bidder, its agents, representatives, employees, or subcontractors (if applicable). Insurance coverage shall be at least as broad as the following:

a. Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering

Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate.

b. Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if the successful bidder has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the City and approved in writing by the City’s Risk and Safety Division.

c. Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

d. If the successful bidder maintains broader coverage and/or higher limits than the minimums otherwise required by this RFB and the resulting contract (including Purchase Orders), the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the successful bidder.

Each insurance policy required by this RFB and the resulting contract (including Purchase Orders) must be acceptable to the City Attorney and shall meet the following requirements:

(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the City.

(2) Additional Insured Status. The Commercial General Liability, the Automobile Liability, and Contractors Pollution Liability, and/or Asbestos Pollution policies must name the City (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.

(3) Primary Coverage. The successful bidder’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, officers, agents, employees, or volunteers shall be in excess of the successful bidder’s insurance and shall not contribute with it.

(4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the City.

(5) Subcontractors. If applicable, the successful bidder shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this RFB and the contract resulting from this RFB (including Purchase Orders), and the successful bidder shall ensure that the City (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

(6) Waiver of Subrogation. By submitting a bid in response to this RFB, the successful bidder hereby grants to the City a waiver of any right to subrogation that any insurer of the successful bidder may acquire against the City by virtue of the payment of any loss under such insurance. The successful bidder agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this RFB and the contract resulting from this RFB (including Purchase Orders) shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the successful bidder, its agents, representatives, employees and subcontractors.

(7) Self-Insurance. The successful bidder may, with the City’s prior written consent, fulfill some or all of the insurance requirements contained in this RFB and the contract resulting from this RFB (including Purchase Orders) under a plan of self-insurance. The successful bidder shall only be permitted to utilize such self-insurance if, in the opinion of the City, the successful bidder’s (i) net worth and (ii) reserves for payment of claims of liability against the successful bidder are sufficient to adequately compensate for the lack of other insurance coverage required by this this RFB and the contract resulting from this RFB (including Purchase Orders). The successful bidder’s utilization of self-insurance shall not in any way limit the liabilities assumed by the successful bidder pursuant to this RFB and the contract resulting from this RFB (including Purchase Orders).

(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the

CITY.

a. Verification of Coverage. At the time the successful bidder is awarded the contract resulting from this RFB (including Purchase Orders) and before the start of any services resulting from this RFB, the successful bidder shall provide the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this this RFB and the contract resulting from this RFB [including Purchase Orders]), which shall meet all requirements under this RFB and the contract resulting from this RFB (including Purchase Orders). The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this this RFB and the contract resulting from this RFB (including Purchase Orders), at any time.

b. Special Risks or Circumstances. The City reserves the right, at any point during the term of the contract resulting from this RFB (including Purchase Orders), to modify the insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

c. No Limitation of Obligations. The insurance requirements in this this RFB and the contract resulting from this RFB (including Purchase Orders), including the types and limits of insurance coverage the successful bidder must maintain, and any approval of such insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the successful bidder pursuant to this this RFB and the contract resulting from this RFB (including Purchase Orders), including but not limited to any provisions in this this RFB and the contract resulting from this RFB (including Purchase Orders) concerning indemnification.

Failure to comply with any of the insurance requirements in this RFB and the contract resulting from this RFB (including Purchase Orders), including but not limited to a lapse in any required insurance coverage during the term of the contract resulting from this RFB (including Purchase Orders), shall be a material breach of this this RFB and the contract resulting from this RFB (including Purchase Orders). In the event that the successful bidder fails to comply with any such insurance requirements in this this RFB and the contract resulting from this RFB (including Purchase Orders), in addition to any other remedies the City may have, the City may, at its sole option, (i) immediately terminate the contract resulting from this RFB (including Purchase Orders); or (ii) order the successful bidder to stop work under the contract resulting from this RFB (including Purchase Orders) and/or withhold any payment that becomes due to the successful bidder until the successful bidder demonstrates compliance with the insurance requirements in this this RFB and the contract resulting from this RFB (including Purchase Orders).

22. ROYALTIES, LICENSES, AND PATENTS

Unless otherwise specified, the successful bidder shall pay all royalties, license and patent fees.

The successful bidder warrants the materials to be supplied do not infringe any patent, trademark or copyright. The successful bidder agrees to defend any and all suits, actions and claims for infringement that are brought against the City and to indemnify and hold harmless the City from all loss or damages whether general, exemplary or punitive, as a result of any claims against the City pursuant to the terms of this contract.

23. CONFIDENTIAL INFORMATION

Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It will be protected and treated with confidentiality only to the extent permitted by California State Law considering public information. Otherwise, the information shall be considered a public record. Any data to be returned should be so marked and will be returned if not essential to the bid or contract record.

24. BUSINESS LICENSE

The successful bidder shall be required to obtain a City business license prior to the award of this contract.

25. CITY PROVISIONS TO PREVAIL

Except as specified in the specifications, the City’s Standard General Provisions as set forth in this RFB shall govern any contract award. Any standard terms and conditions of bidder shall not be acceptable to the City unless expressly assented to by the City by separate document. The City reserves the right to reject a bid containing unacceptable conditions as non-responsive as a condition of evaluation or award of the bid.

26. ANTI-ASSIGNMENT CLAUSE

All payments made pursuant to the RFB and resulting contract (including Purchase Orders) are not assignable and shall only be made payable to bidder.

27. PUBLIC AGENCY CLAUSE

It is intended that any other public agency (e.g., city, district, public authority, public agency, municipal utility and other political subdivision or public corporation of California) located in the State of California shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility in connection with purchases made by another public agency. The public agency shall accept sole responsibility for placing orders or payments to the successful bidder. This option shall not be considered in bid evaluation. Indicate below whether said option is or is not granted.

_____YES _____NO

28. RIGHT TO DETERMINE FINANCIAL RESPONSIBILITY AND VIABILITY

The City reserves the right to request bidder information pertaining to the financial stability of the bidder sufficiently comprehensive to allow and appraisal of the bidder’s current financial condition.

29. RIGHT TO REQUEST ADDITIONAL INFORMATION

Bidders shall furnish additional information as the City may reasonably require. The City reserves the right to make investigations of the qualifications of bidders as it deems appropriate.

30. INVOICES

Invoices shall be prepared and submitted as follows:

Separate invoices are required for each purchase order. Invoices shall contain the following information: Purchase order number, item number, description of supplies or services, sizes, units of measure, quantities, unit prices, authorized delivering tickets as required, and extended totals.

All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.

37. LATE SHIPMENT

The successful bidder is responsible to notify the City of any late or delayed shipments and/or deliveries. The City reserves the right to cancel all or any part of an order if the shipment is not made as promised.

38. LOST AND DAMAGED SHIPMENT

Risk of loss or damaged items prior to the time of their receipt and acceptance by the City is upon the successful bidder. The City has no obligation to accept damaged shipments and reserves the right to return goods at the successful bidder’s expense even if the damage was not apparent or discovered until after receipt of the items.

39. COMPLIANCE WITH LAWS, PERMITS, AND LICENSES

The successful bidder shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of the contract resulting from this RFB (including Purchase Orders). The successful bidder shall obtain any and all permits, licenses, and other authorizations necessary to perform the services resulting from this RFB. Neither the City, nor any elected or appointed boards, officers, officials, employees, or agents of the City, shall be liable, at law or in equity, as a result of any failure of the successful bidder to comply with this section.

EXHIBIT 1

BID SCHEDULE

Exhibit 1

BID SCHEDULE

Item No.

Approx.

Quantity Item With Unit Price Written in Words Unit Price Amount

1. 71 Furnish & Deliver Cradlepoint R920 Cellular Routers and Power Supply Or Approved Equal ...................................................... Per Each

2. 184 Furnish & Deliver Actelis ML684D-M Managed Hybrid Fiber/Copper Ethernet Switch Or Approved Equal ...................................................... Per Each

3. 176 Furnish & Deliver Network Capable PDU Power Strip ...................................................... Per Each

4 300 Furnish & Deliver Network Cables ...................................................... Per Each

5 71 Furnish & Deliver Panorama LXAXM4-7-42-X 4x4 MiMo 4G/5G IoT Antenna or Approved Equal ...................................................... Per Each

TOTAL BASE BID (Items 1 Though 5 inclusive)

(Words)

(Figures)

Price shall not be based on minimum quantities. The City requires firm pricing for the initial two-years of the contract resulting from this RFB. If the City elects to extend the agreement term and the successful bidder intends to revise its pricing after the initial two-year term, changes shall be made on the anniversary date of the contract and only upon 180 days advance written notice prior to the end of the first year. Price increases may not, under any circumstances, exceed 3% of the previous year’s contract price. No retroactive contract price adjustments will be allowed.

The bid should include pricing to cover all possible four years of the Agreement.

Bid Schedule for Year Three1

1A 71 Furnish & Deliver Cradlepoint R920 Cellular Routers and Power Supply Or Approved Equal ...................................................... Per Each

1B 184 Furnish & Deliver Actelis ML684D-M Managed Hybrid Fiber/Copper Ethernet Switch Or Approved Equal ...................................................... Per Each

1C 176 Furnish & Deliver Network Capable PDU Power Strip ...................................................... Per Each

1D 300 Furnish & Deliver Network Cables ...................................................... Per Each

1E 71 Furnish & Deliver Panorama LXAXM4-7-42-X 4x4 MiMo 4G/5G IoT Antenna or Approved Equal ...................................................... Per Each

Bid Schedule for Year Four2

2A 71 Furnish & Deliver Cradlepoint R920 Cellular Routers and Power Supply Or Approved Equal ...................................................... Per Each

2B 184 Furnish & Deliver Actelis ML684D-M Managed Hybrid Fiber/Copper Ethernet Switch Or Approved Equal ...................................................... Per Each

2C 176 Furnish & Deliver Network Capable PDU Power Strip ...................................................... Per Each

1 Year Three of the Agreement shall be subject to the City’s discretion and is not guaranteed as part of the contract resulting from this RFB.

2 Year Four of the Agreement shall be subject to the City’s discretion and is not guaranteed as part of the contract resulting from this RFB.

2D 300 Furnish & Deliver Network Cables ...................................................... Per Each

2E 71 Furnish & Deliver Panorama LXAXM4-7-42-X 4x4 MiMo 4G/5G IoT Antenna or Approved Equal ...................................................... Per Each

EXHIBIT 2

CITY’S STANDARD PURCHASE ORDERS TERMS & CONDITIONS

RFB No. 26-27

EXHIBIT 2

Standard Purchase Order Terms and Conditions

1. CONTRACT

Upon acceptance of this purchase order, seller agrees to these terms and conditions. The City of Escondido shall not be bound by this order until the seller delivers any of the items or renders any of the services ordered. No contract shall exist except as hereinabove provided. No agreement or understanding to modify this contract shall be binding upon the City of Escondido unless agreed to in writing by the City of Escondido's authorized representative. This contract shall be construed under the laws of the State of California. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.

2. CHANGES

The City of Escondido reserves the right at any time to make changes in the specifications, samples or other descriptions to which items ordered are to conform. In such an event an equitable adjustment will be made in price and/or performance that is mutually satisfactory.

Changes shall not be binding upon the City of Escondido unless evidenced by a purchase order change.

3. SPECIFICATIONS AND INSPECTIONS

All specifications, drawings and other data submitted herewith are hereby incorporated herein and made a part hereof. All items shall be subject to inspection at all times and places including the period of manufacture. The City of Escondido reserves the right to reject which do not conform to specifications, drawings or other data. If rejected after delivery, items will be returned to seller at seller's risk and expense. Payment for any item or service shall not be deemed acceptance thereof.

4. EXTRAS

No charges will be allowed for taxes, transportation, packaging, packing or returnable containers or pallets unless otherwise agreed. Any tax to be paid by the City of Escondido must be itemized hereon and on invoices. Shipment must be packaged so as to permit efficient handling and provide adequate protection. Damage resulting from improper packaging will be charged to the seller.

5. DELIVERY

If delivery of items or rendering of services is not accomplished at the time or times indicated in this order or promised by seller, the City of Escondido reserves the right, without liability, and in addition to its other rights and remedies to terminate this order by notice effective immediately upon receipt by the seller or as otherwise stated hereon. The City of Escondido reserves the right without liability to purchase goods and services for those not delivered and to charge the seller with any loss incurred. No provision of this order for the delivery or rendering of goods and services in installments shall be construed as making the seller's obligations severable.

Shipments sent C.O.D. without the City of Escondido's express written consent will not be accepted and will be at seller's risk. Notwithstanding the foregoing, neither party shall be liable for damages for any delay arising out of cause beyond its reasonable control and without its fault or negligence, including but not limited to, acts of God, acts of the other party, acts of civic or military authority, labor disputes fire, riots, war, embargoes, epidemics, floods, or other unusually severe weather, or shortages of power. Seller shall notify the City of Escondido forthwith upon learning of any event which may result in any delay.

6. PROPERTY

Unless otherwise agreed in writing, all special tools, dies, templates, patterns and so forth and all drawings, designs, specifications and other property furnished to the seller or made and paid for by the City of Escondido as a part of this order, shall become the property of the City of Escondido and shall be subject to repossession and/or removal by the City of Escondido. When so instructed, the seller shall deliver such property to the City of Escondido in good condition, ordinary, wear and tear expected.

RFB No. 26-27 – HSIP TS Communication System Upgrades Project

7. LIABILITY

In no event shall either party's liability for any breach or alleged breach of this order by either party exceed the total extended price or prices shown herein nor shall either party be liable for any special or consequential damages resulting from any such breach.

8. COMPLIANCE WITH LAWS

The seller certifies and represents that in the performance of this order it will comply with the provisions of all applicable federal, state, and local laws, regulations, rules and order. Seller agrees to submit reports, certifications and other documents as required.

9. RESERVATION OF RIGHTS

No failure by either party to insist upon strict compliance by the other party with any of the terms, provisions or conditions of this order in any instance shall be construed as a waiver or relinquishment by either party of the other party's right to insist upon strict compliance therewith in.

10. TERMINATION

The City of Escondido may terminate this order in whole or in part at any time upon the City's written notification to the seller (a) for any reason at the convenience of the City of Escondido, (b) for any default by the seller involving the seller's failure to deliver the items or render the services specified by this order within the time designated herein, (c) in the event the seller becomes the subject of any proceeding under state or federal law for the relief of debtors or otherwise become insolvent or bankrupt or makes assignment for the benefit of creditors. In the event of termination by the City of Escondido due to the seller's default pursuant to (b) above, or any reason described in (c) above, the City of Escondido shall have no liability to the seller as a result of such termination.

11. WARRANTY

By accepting this order seller hereby warrants that the items and services to be furnished hereunder will be in full conformity with the City's specifications, drawings and data, or seller's samples, and that items furnished hereunder will be fit for use intended by the City. Seller agrees that this warranty shall survive acceptance of the items. Said warranties shall be in addition to any warranties of additional scope given to the City by seller.

12. PATENTS

Seller undertakes and agrees to defend at seller's own expense, all suits, action, or proceedings in which the City of Escondido or the users of any of the City's products are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items purchased hereunder (except infringement, necessarily resulting from adherence to specifications or drawings, other than those of seller's design or selection, originally submitted to seller by the City) and further agrees to pay and discharge any and all judgments or decrees which may be rendered in any such suit, action or proceedings against such defendants therein.

13. HOLD HARMLESS

Seller agrees to indemnify, defend and save harmless the City of Escondido, its officers, agents, and employees from any and all loss, damage, liability, cost or expense, however, same may be caused, that may arise during or be caused in any way by the performance of seller.

14. ANTI-ASSIGNMENT CLAUSE

All payments made pursuant to this contract are not assignable and shall only be made payable to seller.

15. SUSPENSION AND DEBARMENT

This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the seller is required to verify that none of the seller’s principals (defined at 2 C.F.R. §

RFB No. 26-27 – HSIP TS Communication System Upgrades Project

180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The seller must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

The seller certifies that neither it nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency.