HomeMy WebLinkAboutC-8554-4 - M/RSA for Traffic Signal Maintenance ServicesMAINTENANCE/REPAIR SERVICES AGREEMENT
WITH YUNEX LLC FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 23rd day of May, 2023 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and YUNEX LLC, a Delaware Limited Liability Company ("Contractor"), whose address
on file with the Secretary of State is 9225 Bees Caves Road, Austin, TX 78733, with a
local address of 2250 Business Way, Riverside, CA 92501, and is made with reference
to the following:
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A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on July 1, 2023 ("Effective Date"),
and shall terminate on June 30, 2024 ("Original Term"), unless terminated earlier as set
forth herein. The Original Term shall be for one (1) year with the City's option to
automatically renew the Agreement for four (4) additional one (1) year terms (each a
"Renewal Term"), unless terminated earlier as set forth herein. In any event, the term of
the Agreement, including the Original Term and any Renewal Terms shall not extend
beyond June 30, 2028 without a written amendment to this Agreement.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00) for the
Original Term and for each Renewal Term (each twelve (12) month period from July 1
through June 30, commencing with the Effective Date), for a total not to exceed amount
of Two Million Five Hundred Thousand Dollars and 00/100 ($2,500,000.00), without
prior written amendment to the Agreement.
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4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
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5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Michael J. Hutchens to be
its Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
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5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
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9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder-, or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim-, collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
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9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one
hundred percent (100%) of the total amount to be paid Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement in the form
attached hereto as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
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copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
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PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Michael J. Hutchens
Yunex LLC
2250 Business Way
Riverside, CA 92501
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
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event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5-/!2 Z3
CITY OF NEWPORT BEACH,
a California munici corporation
Date-
By: -Ir"' By- .,....�
ro C. H y ti3 a
t ttor�ny o5d�a. ayor
ATTEST:
Date- � Q
i
By:
�-
Leilani I. Brown
City Clerk
Attachments- Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
CONTRACTOR: YUNEX LLC, a
Delaware Limited Liability Company
Date:
Signed in Counterpart
By -
Rodney Mathis
Member
Date -
Signed in Counterpart
By -
Dirk Rauber
Member
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Labor and Materials Payment Bond
Faithful Performance Bond
Yunex LLC Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By-
Aa n C. rp �ti3
ity Att ne 0 �rd-
ATTEST:
Date:
Ant
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -
By:
Noah Blom
Mayor
CONTRACTOR: YUNEX LLC, a
Delaware Limited Liability Company
Date: !T —2 t —a3
A/119
✓W_ - E_�W -
b-
Date: CZZ� /Z 1
By:
Dirk Rauber
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Yunex LLC Page 13
EXHIBIT A
SCOPE OF SERVICES
Yunex LLC Page A-1
CITY OF NEWPORT BEACH
TRAFFIC SIGNAL MAINTENANCE
SCOPE OF WORK
THIS SCOPE defines the terms of a one (1) year Agreement, with the option to extend up to four
(4) one (1) year terms for maintenance of traffic signals, electrical or mechanical traffic control
or traffic devices, as defined herein, in the City of Newport Beach, herein after referred to as
"City." On an annual basis, both parties will review the language of this scope of work. Any
changes to this Scope and the accompanying Agreement shall be approved by the City and
Yunex LLC, herein referred to as "Contractor" in writing. The date of annual review will be one
year from the Effective Date of the Agreement. A decision to extend will be made at that time.
Contractor shall provide the following services:
SECTION I: GENERAL
A. QUALIFICATIONS
Contractor shall have available and readily accessible all required tools, equipment,
apparatus, facilities, skilled labor services and materials to perform all work necessary to
maintain the traffic signal facilities in a good and professional workmanlike manner.
All signal work shall be performed in accordance with the latest editions of the State of
California, Department of Transportation Standard Plans and Section 86 of the Standard
Specifications, "Greenbook" Standard Specifications for Public Works Construction,
International Municipal Signal Association (IMSA), and the current City of Newport Beach
Standard Plans and Traffic Signal Specification Supplemental.
Contractor shall provide to City at least one full-time Transportation Systems Electrician
equipped with a service bucket truck. This representative shall be certified as a Level III Traffic
Signal Technician by IMSA, and certified by the State of California, Labor Code Sections 3099
and 3099.2. All Contractor personnel must be IMSA Workzone Safety certified and must utilize
Page I of 27
OSHA approved safety vests and safety equipment during the performance of the work within
the City Right -of -Way. Contractor shall provide, upon execution of the agreement, certifications
for all Transportation Systems Technicians that will be, or may be, assigned to work within the
City of Newport Beach.
Contractor shall have on hand, at all times, the minimum specified spare controllers with
the most recent software update as listed below for as -needed replacements.
• Econolite Cobalt NEMA controller, and
• Econolite ASC /3-2100 NEMA controllers
Contractor shall have available adequate skilled personnel that includes being trained and
certified with Econolite controllers and software, and proper lab testing facilities to perform
inspection of new and existing controller assemblies including controller units, auxiliary
equipment, and traffic control appurtenances.
Contractor shall retain a local telephone number where they can be reached twenty-four
(24) hours for items deemed necessary by the City for immediate response and repair. This
telephone number shall be made available to all persons designated by City.
Contractor shall provide services to the City, Monday through Friday, 7:30 AM — 5:00
PM under regular time pay rate. All work outside the specified hours and on Federal holidays
shall be paid according to State of California labor laws and consistent with the rates established
by Contractor according to the Agreement with City.
B. RESPONSE
At Contractor's expense, Contractor shall utilize and maintain mobile communications
between City and Contractor.
Contractor shall respond immediately to emergency calls when directed by City, and
dispatch qualified personnel and equipment with a service bucket truck to reach the site within
thirty (30) minutes. In all other circumstances, Contractor shall respond within sixty (60)
minutes, unless otherwise allowed by City. Replacement of burned -out vehicle indications, if
there are at least two (2) indications still operative for each direction of travel, and internally
illuminated street name sign lamp need not be on an emergency basis. Such replacement shall be
handled as soon as possible in a routine manner within a 48-hour period.
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Contractor's qualified personnel and service bucket truck shall be equipped with proper
tools and materials to respond to the call prior to being dispatched as to not require an additional
trip and delay repair.
C. RECORDS
1. Each Intersection: At each intersection, Contractor shall maintain a permanent
record of service information detailing monthly maintenance and repairs of controller and related
equipment, and intersection equipment including, but not limited to, vehicle and pedestrian
timing, detectors, cabinet wiring, interconnect equipment, pre-emptive control, and other control
and communication equipment. Records shall be written in English and legible.
2. Office Records: Contractor shall maintain a complete record of all laboratory
repairs to controllers showing all parts or components repaired or replaced including serial
numbers and item description. Each service bucket truck in the field shall keep a daily record
covering time chargeable to this contract in each twenty-four (24) hour period. This record shall
include the time of day work was performed at each intersection, description of work performed
and the name of the technician that performed the work.
3. Activities Report: A monthly activities report shall be included with all monthly
invoices to City by the fifteenth of each month. The report shall include a complete record of all
work performed on City's traffic signal equipment during the previous month. The report shall
include:
• Location of each separate service
• Date and approximate time for the service
• Reason for the service
• Identification of the type of service (routine, extraordinary and/or emergency)
• Status of repair (complete or temporary)
■ Estimated date of final repairs
• Source of the request for service
• Name of the technician(s) performing the service
• Number of hours spent for each service
Page 3 of 27
With each monthly invoice, Contractor shall provide a monthly status report of open or
incomplete work orders. This shall include any work that has been identified, including, but not
limited to, pending and/or approved maintenance/repairs, temporary repairs, or maintenance
pending delivery of equipment. The report shall include:
• Location of pending work
• Date of authorization
• Reason the work is incomplete
• Estimated date when the service will be completed
At City's discretion, City may request a meeting to review the activities of Contractor.
D. NEW INSTALLATIONS
Contractor shall maintain any additional traffic signals and appurtenant devices as they
are installed or become a part of the maintenance requirements of City at the contract bid price.
In the event that notification is made of a new installation other than at the beginning of a
monthly period, the unit cost will be prorated from the day Contractor is notified. City shall
notify Contractor in writing of the new device(s) to be maintained at the time they are accepted
by City and ready for maintenance.
E. TRAFFIC SIGNAL CONTROL EQUIPMENT
Contractor shall repair, replace, or otherwise render in good working order any and all
defective parts of the traffic signal control equipment with like make and model parts as the need
arises except as agreed upon by City.
Whenever equipment is replaced or removed from the controller cabinet, City shall be
notified by phone within 24 hours or the next working day. Non -essential, non -safety related
equipment shall be replaced within 14 calendar days after notifying City.
Contractor agrees to notify City, a minimum of one (1) week in advance of any planned
signal turn-off or turn -on. At City's discretion, Dynamic Message Sign (DMS) may be placed in
advance of planned outage and planned signal work may be scheduled for evening hours. A
Police officer's presence may be required prior to said turn-off or turn -on.
Page 4 of 27
F. WARRANTY SERVICE
During the period of warranty for new equipment installations, Contractor shall
coordinate between the manufacturer, installing contractor and City regarding any warranty
service. Contractor shall notify City of any delays in response by the manufacturer or installing
contractor and details of each incident.
G. TRAFFIC CONTROL
Contractor shall provide and maintain traffic control in conformance with the latest
edition of the California Manual on Uniform Traffic Control Devices (CA-MUTCD). All
warning lights, signs, flares, barricades, delineators, flashing arrow boards, detours and other
devices and facilities for the direction of public traffic shall be furnished and maintained by
Contractor.
A minimum of one 10-foot wide travel lane in each direction shall remain open on Local
and Secondary roadways unless otherwise approved by City. On Arterial roadways, a minimum
of two travel lanes in each direction shall remain open unless otherwise approved by City. All
existing left -turn pockets shall be maintained whenever feasible.
For non -Emergency work, lane closures on arterial roadways shall be limited to 9:00 a.m.
to 3:00 p.m. When authorized by City, during an emergency response, or when determined
necessary to safeguard the traveling public, arterial lane closures may occur outside of 9:00 a.m.
to 3:00 p.m.
Each vehicle used to place and remove components of a traffic control system on multi-
lane highways shall be equipped with a flashing arrow board, which shall be in operation when
the vehicle is being used for placing, maintaining or removing said components. Flashing arrow
boards shall be in place before implementing lane closure(s). When maintenance is complete, all
traffic control signs, barricades, delineators, etc., shall be immediately removed from the site.
H. EMERGENCY RESPONSE
Page 5 of 27
For the emergency repair of a signal, which is totally blacked out, the following
procedure of traffic control shall apply:
1. Contractor shall notify City and Police Dispatch and dispatch qualified
personnel and equipment to reach the site within thirty (30) minutes. Contractor's vehicles shall
carry necessary traffic control devices, which shall be used when directing traffic during an
emergency and/or when deemed necessary by the signal technician, City or Newport Beach
Police Department. Contractor shall conform to the CA-MUTCD as dictated in the Section G
(TRAFFIC CONTROL) of this Scope.
2. Upon arrival, Contractor shall set up temporary STOP and STOP AHEAD
signs. If deemed necessary, Contractor shall set up more traffic warning and control devices, and
then proceed to repair the signal. After the signal is back in operation, Contractor shall remove
all temporary traffic control devices from the site. If the traffic control devices are owned by
City, Contractor shall stack them at the side of the road when no longer necessary.
3. If a Police Officer is at the site when Contractor arrives, Contractor shall
quickly examine the signal, evaluate the situation, and discuss it with the Police Officer. At the
Police Officer's discretion, the officer may stay to continue to direct traffic while the Contractor
repairs the signal. At the request of the officer, or if the officer must leave the site, Contractor
shall immediately set up STOP and STOP AHEAD signs along with all other necessary warning
devices.
SECTION II:
ROUTINE MAINTENANCE
Contractor shall provide a program of continuing comprehensive Routine Maintenance
designed to prevent or reduce the incidence of malfunctions, promote the safety of the motoring
public, reduce traffic congestion, and extend the useful life of the equipment. All work listed
below shall be included in the bid per each intersection for Routine Maintenance. Any item that
shall be repaired or replaced, above what is specified, may be considered Extraordinary
Maintenance as specified in Section III (Extraordinary Maintenance).
Page 6 of 27
In carrying out the task described as Routine Maintenance, Contractor shall promptly
notify City of any conditions of the traffic signal equipment that present a hazard to the public, or
affect the signal timing or coordination.
In addition to maintenance items listed below as routine, Contractor shall make the
following minor repairs if discovered during the Routine Maintenance:
• Replace malfunctioning pedestrian/bicycle push button;
• Replace missing pedestrian/bicycle push button plate;
• Replace missing pole access covers;
• Attend to exposed wiring;
• Replace malfunctioning pedestrian indication;
• Adjust controller timing when inconsistent with timing plan or special timing plan;
and
• Replace malfunctioning vehicle indication.
Spare parts needed to make repairs listed above shall be on maintenance vehicles used for
Routine Maintenance. Replaced materials shall be billed at prices detailed in the Contract Unit
Price Schedule attached to this Scope of Work. Time and equipment usage for these repairs shall
be considered part of the Routine Maintenance.
The program shall include, but not be limited to, the following:
A. MONTHLY MAINTENANCE
A monthly inspection of each signalized intersection listed in Attachment A of this scope
at which time the following tasks will be completed:
1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery
backup cabinets, and interconnect cabinets, removing any foreign material including
graffiti and stickers. Tighten all electrical connections and check all Fiber Optic and
Ethernet connections. Inspect/protect all related facilities for/from ant, bug, or rodent
infiltration. Rust and water damage shall be reported to the City in the monthly report.
Page 7 of 27
Inspect cabinet air filter and replace as necessary (the cabinet filter shall be replaced at
least every six months);
2. Check timing of individual signal phases and integral timing circuits for the correct
operations per the timing sheet;
3. Check timing of Yellow (clearance) and All Red intervals on all phases by stopwatch per
the timing sheet;
4. Check timing of Pedestrian Walk and Flashing Don't Walk intervals on all phases by
stopwatch per the timing sheet;
5. Check and set, if necessary, the controller's digital time clock to National Bureau of
Standards time;
6. Check detector units and systems including but not limited to inductive loops, video
cameras, radar detection, and pedestrianibicycle push buttons for correct detection of
both vehicles, bicycles and pedestrians and adjust or report as necessary to restore
intended operation. This includes the splicing (or re -splicing) of detector loop cables in
the pull box and the replacement of pedestrianibicycle buttons as needed;
7. Visually inspect the signal malfunction management unit or conflict monitor for correct
operation;
8. Visually inspect relays, clocks, dials, motors, switches, and similar equipment for all
components of the traffic signal systems. Make routine adjustments or minor repairs as
needed;
9. Walk all approaches of the intersection and visually inspect all signal poles, mast arms,
signal head and indications (including programmed visibility indications), traffic control
signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers,
and any other devices to verify the correct condition, placement, and/or operation. Any
traffic signal or illuminated indication that is burned out or has reached 80 percent
depletion curve shall be replaced. All traffic head and pedestrian heads found to be out
of alignment shall be properly aligned and secured. Check all traffic signal indication
visibility at approach distances, remedy, or report visibility deficiencies to City
immediately. Missing signs, including pedestrian and bicycle push button plates shall be
replaced. Cracked or damaged loop sealants shall be re -sealed. All other equipment
found loose, missing or damaged shall be secured, replaced, or repaired;
Page 8 of 27
10. Check all traffic signal controller communication equipment for proper operation, verify
correct controller IP addresses and adjust or repair as needed. Replacement of Ethernet
switches and VDSL units shall be coordinated with the City and subject to its approval.
Contractor shall verify the grounds and connections of the copper twisted pairs at those
locations using this communication system. Contractor shall test and make any repairs or
adjustments. Contractor shall notify City of any needed repairs to the fiber optic splices
which shall be extra work. City reserves the right to contract this work out to others.
Contractor may be required to provide assistance to City or other firms selected by City
to trouble -shoot Fiber Optic and Ethernet connections as requested;
11. Inspect Battery Backup Systems, if equipped, battery post corrosion, correct battery
voltage, loose terminals, tripped "tattle tails", and record the number of events, hours and
voltage from the battery backup inverter on the cabinet log;
12. Inspect operation of the flashing crosswalk at Coast Highway at Orchid Avenue and
notify City if any repairs or replacement of lights and audible push buttons are needed;
13. Inspect operation and check timing of Rectangular Rapid Flashing Beacon (RRFB) at the
following locations:
• Coast Highway at Orchid Avenue
• Domingo Drive south of Mar Vista Drive
• Eastbluff Drive between Alba Street and Vista Del Oro
• Irvine Avenue at Margaret Drive
• Via Lido at Via Oporto
• Westcliff Drive at Buckingham Lane
• Westcliff Drive at Rutland Road; and
14. Check and notify City of faded or vandalized signs on traffic signal pole or mast -arm.
B. THREE MONTH MAINTENANCE
1. Check Battery Backup Systems (BBS) for proper operation and connections including
checking and recording operational voltage range of all batteries, and adjust or repair as
needed. Determine if the system is providing a "charge" to the batteries. Perform any
available "self tests" or run any available diagnostic programs that are part of the
Page 9 of 27
individual options available on a particular BBS. If a particular battery does not meet
specifications, perform an individual load test on the suspect battery. The date of new
battery installations shall be recorded in the traffic signal cabinet and in the monthly
status reports to track the frequency of the required maintenance. Contractor shall
maintain a master spreadsheet showing the installation date of all BBS batteries by
location, battery manufacturer, and the warranty expiration date. Contractor shall notify
City of non -operable or low -output batteries within twenty-four (24) hours. The
replacement of batteries shall be considered Extra Work and will require approval by
City. "Exploded" or cracked batteries shall be replaced immediately. Contractor may be
deemed responsible for the cost of the replacement if it is determined that the batteries
have not been properly inspected, maintained, or were damaged due to improper
installation by the Contractor.
2. Cabinet door locks and pad locks shall be lubricated with graphite lubricant or equivalent,
and maintained in working order. Any missing or damaged locks shall be reported to
City in a timely manner.
3. Perform a night drive throughout within the City limits noting any malfunctioning
equipment, including, but not limited to, photocells, internally illuminated street name
sign (IISNS) lamps, vehicle indications, pedestrian indications, and safety lighting. The
list of malfunctioning equipment shall be submitted to City within ten (10) working days
from the completion of the night drive. The list shall be approved by City prior to
repair/replacement of the equipment. A separate list of malfunctioning safety lights shall
also be tracked and submitted to City. The night drive shall be scheduled with City prior
to commencement.
C. SIX MONTH MAINTENANCE
1. Flashing Beacons and Electronic Radar Speed Feedback Signs: Contractor shall perform
maintenance inspection or repair of flashing beacons and electronic radar feedback signs
as directed by City.
Flashing Beacons
• Balboa Boulevard at 38th Street
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• Eastbound Bayside Drive between El Paseo and Bayside Place
• Southbound Cameo Shores Road north of Camden Drive
• Northbound Irvine Avenue south of Dover Drive at Fire Station 6
• Northbound Irvine Avenue south of Mariners Drive
• Southbound Irvine Avenue south of Dover Drive
• Southbound Irvine Avenue south of Santa Isabel Avenue
• Northbound Newport Coast Drive south of Pelican Hill Road South
• Southbound Newport Coast Drive north of Provence
• Eastbound Pelican Hill Road South west of Newport Coast Drive
• Westbound San Joaquin Hills Road between Spyglass Hill Road and
Marguerite Avenue
Electronic Radar Speed Feedback Signs
• Eastbound Bayside Drive west of Harbor Island Road
• Westbound Bayside Drive west of Promontory Drive East
• Westbound Coast Highway east of Cameo Highlands Drive
Maintenance inspection shall be based on the following:
• Clean cabinet inside and outside and remove any foreign material;
• Check power supply voltage, solar equipment, and replace any batteries as
necessary;
• Check settings for on/off timing, flashing rate, flashing duration, and time of
day;
• Maintain all digital time clocks to National Bureau of standards time;
• Observe each pole, head, traffic control sign, etc., and remove foreign
material;
• Special attention shall be given to update Holiday, Daylight Savings Time,
and shut -down periods; and
• Replace damaged or malfunctioning lamps, LED indications, detection
bollards, and pressure pads meeting manufacturer's specifications with prior
Page 11 of 27
City approval and billed as Extraordinary Maintenance.
2. Air Filters: Contractor shall replace the air filter elements, in all traffic signal and battery
backup cabinets so equipped. All filter elements in all cabinets shall initially be replaced
within four (4) months after the beginning of this Agreement.
3. Traffic Signal Controller Software: Contractor shall verify and update records of current
software or firmware for the Econolite Cobalt and ASC/3 controllers. This includes the
spare controllers that Contractor maintains for emergency replacement of failed
controllers. All updates of controllers shall be confirmed and coordinated with City.
D. ANNUAL MAINTENANCE (12 MONTHS)
1. Battery Backup S. sue: The traffic signal battery backup system, where applicable, shall
be checked by electrical bypass for appropriate operation per the manufacturer's
specifications. Contractor shall coordinate with City for the schedule prior
commencement of work.
2. Conflict Monitor / Malfunction Management Unit (MMU): Conflict Monitors shall be
tested once at the beginning of each fiscal year using the ATSI PCMT 8000 or latest
equivalent conflict monitor tester for each signalized intersection listed in Attachment A.
Malfunction Management Unit (MMU) shall be tested once at the beginning of each
fiscal year per the manufacture's specification. Tests shall be performed at night between
the hours of 10:00 PM and 6:00 AM, Sunday night through Thursday morning, unless
otherwise approved by the City. Contractor shall create a report for each test conducted.
A replacement Conflict Monitor or MMU, of same make and model, shall be furnished
by Contractor and installed into the cabinet to monitor the intersection while the test is
being conducted. All test results shall be documented. If the Conflict Monitor or MMU
fails testing, it shall be replaced with a spare tested unit and the intersection restored to
normal operation. Any Conflict Monitor or MMU that does not pass the test shall be
repaired or replaced and billed as Extraordinary Maintenance.
3. Video Detection Camera: The video detection camera lenses at the following
intersections shall be cleaned per the manufacturer's specification. In addition, the
camera's alignment shall be checked and adjusted to obtain the proper sight level.
Page 12 of 27
• Avocado Avenue at Civic Center Drive (four cameras);
• Balboa Boulevard at 32nd Street (one camera);
• Bison Ave at Bayswater (one camera);
• Jamboree Road at Bristol Street North (two cameras);
• Jamboree Road at Bristol Street South (three cameras);
• Northbound Newport Boulevard at 28th Street (one camera);
• Southbound Newport Boulevard at 28th Street (one camera);
• Newport Boulevard at Via Lido (one camera);
• San Miguel Drive at Port Sutton / Yacht Coquette (four cameras); and
• Superior Avenue at Ticonderoga Street (one camera).
4. Emergency Vehicle Pre-emption (EVP): Optical detector lenses shall be cleaned per the
manufacturer's specification at all signalized intersection throughout the City's limit,
including signals operated and maintained by CALTRANS.
5. CCTV Cameras: The CCTV camera housing and lens at the locations listed in
Attachment B shall be cleaned per the manufacturer's specification. Future CCTV
camera installations will be accounted for as detailed in Section 1 (d) of this scope of
work.
E. COMPENSATION FOR ROUTINE MAINTENANCE
Contractor shall invoice City monthly for Routine Maintenance at the unit bid price per
signalized intersection, which shall include labor, materials, equipment, overhead, and profit.
City reserves the right to inspect Contractor's work and withhold monthly payments for work not
performed per routine maintenance as outlined in this section.
Page 13 of 27
SECTION III:
EXTRAORDINARY MAINTENANCE
Contractor shall provide maintenance beyond routine maintenance, as defined in Section
III (EXTRAORDINARY MAINTENANCE). Work performed that is not identified in Section I1
(ROUTINE MAINTENANCE) shall be considered Extraordinary Maintenance as detailed
within this section.
A. DEFINITION
Extraordinary Maintenance of the City's traffic signal equipment and systems will include but
not be limited to:
1. Repair and/or replacement of a failed or malfunctioning signal system caused by
collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or
excavation;
2. Modifications to traffic signal equipment such as, but not limited to, upgrades of
controller cabinets, controller components, and traffic signal wiring and hardware;
3. Repair/Replacement of safety lighting at signalized intersections;
4. Repair/Replacement of internally illuminated street name signs lamps or LED strips;
5. Replacement of vehicle/pedestrian indications;
6. Replacement of batteries for battery backup systems;
7. Minor upgrading or installations as directed by City;
8. Repair/Replacement of loop detectors, DLCs, or conduit as required;
9. Repainting of signal equipment as directed by City;
10. Maintenance of warning devices (i.e. flashing beacons);
11. Maintenance of sign bridge lighting;
12. Installation of regulatory or warning signs on signal mast -arm, standard, or sign bridge;
13. Installation of vehicle, bicycle or pedestrian detection equipment;
14. Interconnect (Copper and Fiber Optic) installation, repair, terminations, and testing of
same (excludes monthly testing); and
Page 14 of 27
15. Replacement when equipment becomes obsolete or deteriorates beyond repair.
B. NOTIFICATION
Contractor shall contact City regarding any extraordinary maintenance work and seek
approval before the work is scheduled. Contractor shall notify City by telephone at least four (4)
hours in advance of any work is commenced, except in emergencies or when determined as a
Public safety concern that requires prompt response.
C. COMPENSATION FOR EXTRAORDINARY MAINTENANCE
Contractor shall submit to City an itemized invoice within thirty (30) days of completion
of the work for such repairs required beyond the scope of routine maintenance as follows:
1. Materials: City shall pay Contractor for materials used in Extraordinary
Maintenance of traffic signals and appurtenances per intersection. City has the right to inspect
the Contractor's records to verify any material costs used in extraordinary maintenance.
2. Direct Labor: Invoice for Extraordinary Maintenance shall include a
record of hours spent in Extraordinary Maintenance per intersection. City shall pay Contractor
for such hours of Extraordinary Maintenance at the rates specified in this scope of work. Said
hourly rates shall be the total cost to City.
3. Equipment: Compensation for equipment used in Extraordinary
Maintenance shall be per hour basis as specified in this scope of work. Listing of per hour
equipment rates shall constitute total rates to be paid by City when specified equipment is used.
No additional payments of any kind shall be paid for the equipment, except as specified in this
scope of work for the hourly rates listed. No additional compensation shall be paid for
transporting the equipment to or from the job site.
D. REPAIR AND REPLACEMENT
Contractor shall replace or repair any and all defective parts of the signal system which
cause signal failure or malfunctions, including but not limited to, the controller, detector
Page 15 of 27
amplifiers, push buttons, relays, master controllers, interconnect, indications, flashers, detector
loops, safety lights, illuminated street name sign panels and lamps, and wiring system.
Contractor shall provide City an Equipment Tracking Log for equipment removed from
the cabinet for repair. This log shall include, but not be limited to, information pertaining to time,
date, original location, reason for removal, and description of equipment with serial number.
This log shall be included in the activities report included with the monthly invoice as a line item
status of all removed equipment.
Contractor shall supply City complete record of all laboratory repairs to controllers,
detectors, conflict monitor units, etc., showing all parts or components repaired or replaced
including serial numbers and item description. The record shall be attached to the equipment
when returned to the City.
E. VEHICLE INDICATIONS AND LIGHTING
Contractor shall furnish and replace all vehicle LED indications on an "as needed" basis
for signals and warning flashers. All LED vehicle indications shall be certified by the Caltrans
and ITE. City will accept Dialight, GE, or Leotek brand LED vehicle indications (or City
approved equal). Contractor shall honor all existing low or nonfunctional LED for warranty
replacement. Any lens obstructed by dirt or debris shall be cleaned immediately.
Fluorescent IISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the
requirements of ANSI STD. C78. All Inductive Lamps shall be replaced according to
manufacture specifications.
LED IISNS shall be National Signal Incorporated Edgelit (or approved equal). LED
Driver and Light Engine shall be replaced according to manufacture specifications.
IISNS panels shall be wiped clean of dirt and debris when the lamps are replaced.
Safety lighting shall only be repaired as approved by City.
Replacement of vehicle indications, IISNS and safety lighting components shall be
compensated at the rate detailed in Exhibit B.
F. LOOP DETECTOR REPLACEMENT
Page 16 of 27
Contractor shall clean and fill deteriorated loop detector saw cuts with Hot -Melt
Rubberized Asphalt Sealant as necessary. Once it is determined by City and Contractor that the
saw cut or DLC has deteriorated to a point that applying more Rubberized Asphalt Sealant is
insufficient, the detector shall be replaced at the price stated in the contract.
Traffic signal loop detectors shall be installed per Attachment D of this scope. Lead loop
detector shall be Modified Type E for bicycle detection and shall be placed immediately behind
the crosswalk. Exact location of loop detectors shall be approved by the City. Loop wire shall
be Type 2 and the loop detector lead-in cable shall be Type B. All loop sealant shall be Hot -Melt
Rubberized Asphalt Sealant. Contractor shall notify City of malfunctioning loop detectors, loop
detectors that require replacement and locations where the pavement surface has degraded to a
point that loops cannot be reinstalled.
G. PEDESTRIAN SIGNALS
Contractor shall replace Walkman/Hand pedestrian signal modules as they become
inoperative with Dialight, GE, or Leotek Type A LED (or approved equal) module with a plastic
housing and stainless steel hardware with bronze terminal compartments. LED Count -down
pedestrian indications shall be installed as replacements to existing count -down units.
Replacement of pedestrian indication modules and/or assemblies shall be paid for at the unit
price specified in the contract.
Walk/Don't Walk pedestrian signal lamps as they become inoperative shall be updated to
Type A LED module (Walkman/Hand) or approved equal. The pedestrian signal installation
shall be replaced at the price detailed in Exhibit B.
H. REFINISHING OF SIGNAL EQUIPMENT
As directed by City, traffic signal equipment shall be repainted conforming to State
standards. Utility and signal controller cabinets shall be painted with a white vinyl finish coat
and pre-treatment vinyl wash primer. Traffic signal heads, assemblies, framework, and hardware
shall be painted standard colors. Special notification shall be provided regarding rusting or water
damage. Authorization for Contractor to proceed on the painting shall be subject to
Page 17 of 27
authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal
equipment shall be performed by Contractor within twenty-four (24) hours of the observation or
report and will be paid for under the terms of Extraordinary Maintenance.
I. TRAFFIC SIGNAL INTERCONNECT/COMMUNICATION SYSTEM
Contractor shall provide trained technicians/personnel in the field who have training in
operation and integration of the Econolite Centracs traffic signal central or equivalent and the
related interconnect or communication system. Technicians assigned to the installation or repair
of City's interconnect shall have training or be directly supervised by a technician with
experience in the installation and handling of Fiber Optic cable, copper, VDSL and Ethernet
equipment. If this work is subcontracted, this information shall be supplied and the
subcontractor shall be subject to the approval of City. Costs for additional assistance for related
interconnect shall be assumed per the unit price detailed in Exhibit B.
J. UNDERGROUND SERVICE ALERT
Contractor shall be the designated City representative in response to all Underground
Service Alert (USA) requests/notices or at the request of City staff for the marking and
protection of traffic signal underground facilities such as traffic signal and electrical conduit,
fiber optic and interconnect facilities, traffic loops, and other appurtenant equipment that might
conflict with other right-of-way construction or repairs. In addition, Contractor shall also mark
out the depth of any fiber optic facilities.
Contractor shall be responsible for equipping its technicians with the proper locating
devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set
of its current records) for these facilities including field verification using these locating devices.
All updates shall be transmitted to City in a format adequate for its records.
In the event underground equipment is damaged by construction due to Contractor's
failure to properly mark the underground facilities per the records or reasonable effort using the
appropriate equipment as determined by City, costs for repairs shall be the sole responsibility of
Contractor for facilities that were not properly marked. It shall also be Contractor's
Page 18 of 27
responsibility to contact requesting party in the event the scope of work is vague or incomplete.
Contractor shall mark out all traffic signal underground facilities within the time frames
required by USA. If Contractor does not mark out all traffic signal underground facilities within
the prescribed time periods, City may issue a written warning to the Contractor. After three
written warnings, failure to respond within the prescribed time periods shall result in a penalty of
$500.00 per occurrence, which shall be deducted from any monies due Contractor.
Contractor response to all Underground Service Alert (USA) requests/notices relating to
traffic signals and interconnect shall be billed per unit price detailed in Exhibit B.
Page 19 of 27
ATTACHMENT A - SIGNALIZED INTERSECTION
1. Avocado Ave at Corona Del Mar Plaza
2. Avocado Ave at Civic Center Dr
3. Avocado Ave at San Miguel Dr
4. Balboa Blvd at Main St
5. Balboa Blvd at Palm St
6. Balboa Blvd at 15th St
7. Balboa Blvd at 21st St
8. Balboa Blvd/Newport Blvd at 22" d/23rd St
9. Balboa Blvd at 32°d St
10. Balboa Blvd at River Ave
11. Bayside Dr at Pedestrian Crossing
12. Bayview PI at Bristol St South
13. Bayview PI at Bayview Cir
14. Birch St/Mesa Dr at Acacia St
15. Birch St at Orchard Dr
16. Birch St at Bristol St South
17. Birch St at Bristol St North
18. Birch St at Quail St
19. Birch St at Dove St
20. Birch St at Von Karman Ave
21. Bison Ave at Country Club Dr
22. Bison Ave at Camelback St
23. Bison Ave at Bayswater
24. Bonita Canyon Dr at Mesa View Dr
25. Bonita Canyon Dr at Prairie Rd
26. Bonita Canyon Dr at Chambord
27. Campus Dr at Bristol St North
28. Campus Dr at Quail St
29. Campus Dr at Dove St
30. Campus Dr at Airport Way
31. Coast Hwy at Jamboree Rd
32. Coast Hwy at Irvine Terrace/Clubhouse Dr
33. Coast Hwy at Newport Center Dr
34. Coast Hwy at Avocado Ave
35. Coast Hwy at MacArthur Blvd
36. Coast Hwy at Goldenrod Ave
37. Coast Hwy at Iris Ave
38. Coast Hwy at Marguerite Ave
39. Coast Hwy at Poppy Ave
40. Coast Hwy at Morning Canyon Rd
41. Coast Hwy at Cameo Shores/Highlands
42. Coast Hwy at Pelican Point Dr
43. Coast Hwy at Newport Coast Dr
44. Dover Dr at Cliff Dr
45. Dover Dr at 16"' St/Castaways Ln
46. Dover Dr at Westcliff Dr
47. Ford Rd at Southern Hills Dr/Canyon Island
48. Irvine Ave at Westcliff Dr
49. Irvine Ave at Mariners School Ped Crossing
50. Irvine Ave at Dover Dr
51. Irvine Ave at Highland Dr
52. Irvine Ave at Santiago Dr
53. Irvine Ave at Santa Isabel Ave
54. Irvine Ave at University Dr
55. Irvine Ave at Mesa Dr
56. Irvine Ave at Orchard Dr
Page 20 of 27
ATTACHMENT A - SIGNALIZED INTERSECTION
57. Irvine Ave at Bristol St South
58. Jamboree Rd at Bayside Dr
59. Jamboree Rd at Back Bay Dr
60. Jamboree Rd at Island Lagoon Dr/Hyatt
61. Jamboree Rd at Santa Barbara Dr
62. Jamboree Rd at San Joaquin Hills Rd
63. Jamboree Rd at Ford Rd
64. Jamboree Rd at Bison Ave
65. Jamboree Rd at University Ave
66. Jamboree Rd at Bayview Way
67. Jamboree Rd at Bristol St South
68. Jamboree Rd at Bristol St North
69. Jamboree Rd at MacArthur Blvd
70. MacArthur Blvd at San Miguel Dr
71. MacArthur Blvd at San Joaquin Hills Rd
72. MacArthur Blvd at Bonita Canyon Dr
73. MacArthur Blvd at Vilaggio
74. MacArthur Blvd at Bison Ave
75. MacArthur Blvd at Von Karman Ave
76. MacArthur Blvd at Birch St
77. Newport Blvd at 28th St
78. Newport Blvd at 30th St
79. Newport Blvd at 32nd St
80. Newport Blvd at Finley Ave
81. Newport Blvd at Via Lido
82. Newport Center Dr at Corporate Plaza
83. Newport Center Dr at Civic Center Dr
84. Newport Center Dr at Newport Center Dr
East-West
85. Newport Center Dr East at Anacapa Dr
86. Newport Center Dr East at San Miguel Dr
87. Newport Center Dr East at Santa Rosa Dr
88. Newport Center Dr East at Center Dr
89. Newport Center Dr West at Santa Cruz Dr
90. Newport Center Dr West at Santa Barbara Dr
91. Newport Coast Dr at Pelican Hill Rd South
92. Newport Coast Dr at Provence
93. Newport Coast Dr at Pelican Hill Rd North
94. Newport Coast Dr at Vista Ridge Rd
95. Newport Coast Dr at Ridge Park Rd
96. Newport Coast Dr at San Joaquin Hills Rd
97. Newport Coast Dr at Gas Recovery
98. Newport Coast Dr at Sage Hill
99. Pelican Hill Rd South at Resort at Pelican Hill
100. Pelican Hill Rd South at Vila Clubhouse
101. Placentia Ave at Hospital Rd
102. Placentia Ave at 15th St
103. Ridge Park Rd at Fire Station
104. San Joaquin Hill Rd at Santa Cruz Dr
105. San Joaquin Hill Rd at Santa Rosa Dr
106. San Joaquin Hill Rd at San Miguel Dr
107. San Joaquin Hill Rd at Crown Dr
108. San Joaquin Hill Rd at Marguerite Ave
109. San Joaquin Hill Rd at Spyglass Hill Rd
110. San Joaquin Hill Rd at Newport Ridge West
111. San Joaquin Hill Rd at Newport Ridge East
112. San Miguel Dr at Pacific View Dr
Page 21 of 27
ATTACHMENT A — SIGNALIZED INTERSECTION
113. San Miguel Dr at Port Sutton Dr
114. San Miguel Dr at Spyglass Hill Rd
115. San Miguel Dr at Port Ramsey PI
116. Santa Barbara Dr at San Clemente Dr
117. Santa Cruz Dr at San Clemente Dr
118. Superior Ave at Ticonderoga St
119. Superior Ave at Hospital Rd
120. Superior Ave at Placentia Ave
121. Superior Ave at Hoag Health Center
122. University Dr at La Vida
Page 22 of 27
ATTACHMENT B - CCTV CAMERA LOCATION
1. Avocado Ave at Civic Center Dr
2. Balboa Blvd at Main St
3. Balboa Blvd at Palm St
4. Balboa Blvd at 15th St
5. Balboa Blvd at 21 st St
6. Balboa Blvd at 23rd St
7. Balboa Blvd at 32nd St
8. Balboa Blvd at River Ave
9. Birch St at Bristol St North
10. Birch St at Bristol St South
11. Bonita Canyon Dr at Mesa View Dr
12. Bonita Canyon Dr at Prairie Rd
13. Bonita Canyon Dr at Chambord
14. Campus Dr at Bristol St North
15. Campus Dr at Dove St
16. Central Ave
17. Coast Hwy at Balboa Blvd/Superior Ave
18. Coast Hwy at Riverside Ave
19. Coast Hwy at Dover Dr
20. Coast Hwy at Jamboree Rd
21. Coast Hwy at Irvine Terrace/Clubhouse Dr
22. Coast Hwy at MacArthur Blvd
23. Coast Hwy at Goldenrod Ave
24. Coast Hwy at Marguerite Ave
25. Coast Hwy at Poppy Ave
26. Coast Hwy at Cameo Shores/Highlands
27. Coast Hwy at Newport Coast Dr
28. Dover Dr at Cliff Dr
29. Dover Dr at Westcliff Dr
30. Irvine Ave at Westcliff Dr
31. Irvine Ave at Dover Dr
32. Irvine Ave at Highland Dr
33. Irvine Ave at Santiago Dr
34. Irvine Ave at University Dr
35. Irvine Ave at Mesa Dr
36. Irvine Ave at Bristol St South
37. Jamboree Rd at Bayside Dr
38. Jamboree Rd at Back Bay Dr
39. Jamboree Rd at Santa Barbara Dr
40. Jamboree Rd at San Joaquin Hills Rd
41. Jamboree Rd at Ford Rd
42. Jamboree Rd at Bison Ave
43. Jamboree Rd at University Ave
44. Jamboree Rd at Bristol St South
45. Jamboree Rd at MacArthur Blvd
46. MacArthur Blvd at San Miguel Dr
47. MacArthur Blvd at San Joaquin Hills Rd
48. MacArthur Blvd at Bonita Canyon Dr
49. MacArthur Blvd at Bison Ave
50. MacArthur Blvd at Von Karman Ave
51. MacArthur Blvd at Birch St
52. Northbound Newport Blvd at 28th St
53. Southbound Newport Blvd at 28th St
54. Newport Blvd at 30th St
55. Newport Blvd at 32" d St
56. Newport Blvd at Via Lido
Page 23 of 27
ATTACHMENT B — CCTV CAMERA LOCATION
57. Newport Center Dr at Civic Center Dr
58. Newport Center Dr at Newport Center Dr
East-West
59. Newport Center Dr at San Miguel Dr
60. Newport Center Dr at Santa Barbara Dr
61. Newport Coast Dr at Pelican Hill Rd South
62. Newport Coast Dr at Provence
63. Newport Coast Dr at Pelican Hill Rd North
64. Newport Coast Dr at Vista Ridge Rd
65. Newport Coast Dr at Ridge Park Rd
66. Newport Coast Dr at San Joaquin Hills Rd
67. Newport Coast Dr at Sage Hill
68. Placentia Ave at Hospital Rd
69. San Joaquin Hills Rd at Marguerite Ave
70. San Joaquin Hills Rd at San Miguel Dr
71. San Miguel Dr at Pacific View Dr
72. San Miguel Dr at Spyglass Hill Rd
73. Superior Ave at Placentia Ave
74. University Dr at La Vida
Page 24 of 27
ATTACHMENT C — INTERNALLY ILLUMINATED STREET NAME SIGN
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REVISED
ADOPTED
CTIY ENGINE RCE 61527
DIR OF PUBLI WORKS DATE
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
INTERNALLY ILLUMINATED
STANDARD DETAR NO.
STREET NAME SIGN
916-A
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET
Page 25 of 27
ATTACHMENT D — LOOP DETECTORS
LIMIT LINE OR CROSSWALK
PER PLAN
/ LEGEND:
° 1-oX DETECTOR INPUT FOR THROUGH
PHASES 0
1-0Y DETECTOR INPUT FOR LEFT TURN
PHASES
ICI OXB BICYCLE LOOP DETECTOR INPUT
J 0 0 I I 0 CALTRANS TYPE E LOOP DETECTOR
3-OX
LEFT TURN MODIFIED CALTRANS TYPE E LOOP
O I LANE DETECTOR (LEAD LOOPS)
I
THROUGH CALTRANS TYPE D LOOP DETECTOR
LANES (3'x6')
BIKE LANE
0
1-0Y I
I
EDGE OF GUTTER
CURB FACE
001°
1-OX 12-OX
NOTES:
1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 6' DIAMETER AND TYPE D LOOPS
SHALL BE 3'x6'.
2. LOOPS SHALL BE CENTERED IN THE LANE UNLESS OTHERWISE SHOWN. PLACE LEAD LOOPS
IMMEDIATELY IN ADVANCE OF LIMIT LINE OR CROSSWALK.
3. A MAXIMUM OF 4 LOOP DETECTORS SHALL BE ON 1 DETECTOR LEAD-IN CABLE (DLC).
4. SEE CITY STD-923-L-B FOR CALTRANS MODIFIED TYPE E LOOP WINDING DETAIL.
5. LOOP WIRE SHALL BE TYPE 2. LOOP DETECTOR LEAD-IN CABLE (DLC) SHALL BE TYPE B.
6. LOOPS SHALL BE INSTALLED PER CALTRANS STANDARD PLAN ES-5A AND ES-5B.
7. LOOP SEALANT SHALL BE HOT -MELT RUBBERIZED ASPHALT SEALANT.
RECD
APP.
REVISED
I ADOPTED
CITY ENGINEER UhTE
I' FSLIC WORKS DATE
CITY OF NEWPORT BEACH DER %RTMENT OF PUBLIC WORKS
LOOP DETECTORS
SIAPOhRD DETAIL NO.
923-L-A
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET Iurz
Page 26 of 27
ATTACHMENT D - LOOP DETECTORS
Start
TWISTED CLOCKWISE INTO A PAIR _ Finish
(AT LEAST 2 TURNS PER FOOT) r
WINDING DETAIL
MODIFIED TYPE E LOOP DETECTOR
(NOT TO SCALE)
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SAWCUT DETAIL
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(NOT TO SCALE)
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APP.
REVISED
I ADOPTED
CITY ENGINEER
DATE
OIR OF PUBLIC V"KS DATE
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
LOOP DETECTORS
STANDARD DETAIL NO.
923-L-B
USE WITH STANDARD SPECIFICATIONS FORPUBLIC WORKS CONSTRUCTION
SHEErzotz
Page 27 of 27
EXHIBIT B
SCHEDULE OF BILLING RATES
Yunex LLC Page B-1
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
1. Routine Maintenance (see Section II):
a. Each Signalized Intersection for Monthly Tasks
$ 65.00
Each
b. Each Pedestrian Signal, Flashing Crosswalk, and RRFB
for Monthly Tasks
$ 40.00
Each
C. Each Signalized Intersection for Three -Month Tasks
$ 5.00
Each
d. Each Intersection for Six -Month Tasks
i. Each Flashing Beacon (per intersection)
$ 36.50
Each
ii. Each Electronic Radar Speed Feedback Sign (per intersection)
$ 42.50
Each
iii. Each Signalized Intersection (per intersection)
$ 6.00
Each
e. Each Signalized Intersection for Twelve -Month Tasks
i. Each Battery Backup System Test (per intersection)
$ 15.00
Each
ii. Each Conflict Monitor/MMU Test (per intersection)
$ 62.00
Each
iii. Video Detection Camera Cleaning (per intersection)
$ 98.50
Each
iv. EVP Optical Detector Lens Cleaning (per intersection)
$ 105.00
Each
v. CCTV Camera Cleaning (per intersection)
$ 73.00
Each
2. Extraordinary Maintenance (see Section III):
a. Replacement of Luminaire Safety Light Lamp (per unit) $ 105.00 Each
b. Replacement of Luminaire Safety Light Ballast/Driver (per unit) $ 163.00 Each
C. Replacement of Internally Illuminated Street Name Sign
Florescent Lamps (per unit) $ 104.o0 Each
d. Replacement of Internally Illuminated Street Name Sign
Florescent Ballast/Driver (per unit) $ 145.00 Each
e. Replacement of Edge -Lit LED Internally Illuminated
Street Name Assembly (per unit)
Edge -Lit (6-ft) $ 2,775.00 Each
Edge -Lit (8-ft) $ 3,405.00 Each
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
f. Replacement of Internally Illuminated Street Name
Sign Panel (Custom Panel See Exhibit C) (per unit)
Type A (6-ft)
$ 420.00
Each
Type A (8-ft)
$ 467.00
Each
Edge -Lit (6-ft)
$ 420.00
Each
Edge -Lit (8-ft)
$ 467.00
Each
g. Furnish and Install Vehicle Indication
12" Green Ball
$ 105.00
Per Unit
12" Yellow Ball
$ 105.00
Per Unit
12" Red Ball
$105.00
Per Unit
12" Green Arrow
$ 105.00
Per Unit
12" Yellow Arrow
$ 105.00
Per Unit
12" Red Arrow
$ 105.00
Per Unit
Programmable Visibility Indication
$ 175.00
Per Unit
h. Replacement of Signal Head
3-section 12" vehicle head assembly with LED
$ 820.00
Per Unit
4-section 12" vehicle head assembly with LED
$ 1,030.00
Per Unit
5-section 12" vehicle head assembly with LED
$ 1,200.00
Per Unit
5-section (Doghouse) 12" vehicle head assembly with LED $ 1,500.00
Per Unit
Backplate for a 3-section vehicle head
$ 130.00
Per Unit
Backplate for a 4-section vehicle head
$ 180.00
Per Unit
Backplate for a 5-section vehicle head
$ 220.00
Per Unit
Backplate for a 5-section (Doghouse) vehicle head
$ 330.00
Per Unit
Yellow Reflective Backplate for a 3-section vehicle head
$ 220.00
Per Unit
Yellow Reflective Backplate for a 4-section vehicle head
$ 260.00
Per Unit
Yellow Reflective Backplate for a 5-section vehicle head
$ 310.00
Per Unit
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
Yellow Reflective Backplate for a 5-section (Doghouse)
vehicle head $ 405.00 Per Unit
Louver backplate for a 3-section vehicle head $ 135.00 Per Unit
Louver backplate for a 4-section vehicle head $ 185.00 Per Unit
Louver backplate for a 5-section vehicle head $ 225.00 Per Unit
Louver backplate for a 5-section (Doghouse) vehicle head $ 335.00 Per Unit
i. Replacement of standard Type "D" bicycle detector loop,
Including saw cut, lead-in cable splicing and epoxy emulsion $ 515.00 Per Unit
j. Replacement of standard Type "E" detector loops,
including saw cut, lead-in cable splicing and epoxy emulsion
(4 or Less) $ 515.00 Per Unit
(more than 4) $ 475.00 Per Unit
k. Replacement of standard Type "B Modified" detector loops,
including saw cut, lead-in cable splicing and epoxy emulsion
(4 or Less) $ 535.00 Per Unit
(more than 4) $ 500.00 Per Unit
1. Furnish and Install Pull Box Lid
No. 3 Concrete Lid
$ 75.00
Per Unit
No. 5 Concrete Lid
$ 100.00
Per Unit
No. 6 Concrete Lid
$ 125.00
Per Unit
No. 3 Christy Fiberlyte Lid
$ 105.00
Per Unit
No. 5 Christy Fiberlyte Lid
$ 210.00
Per Unit
No. 6 Christy Fiberlyte Lid
$ 300.00
Per Unit
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
M. Furnish and Install Pedestrian Indication
Walkman/Hand Pedestrian Type A LED Module $192.00 Per Unit
Count -Down Walkman/Hand Pedestrian LED Module $188.00 Per Unit
n. Furnish and Install Pedestrian / Bicycle Push Buttons and Signs
ADA Approved Pedestrian Push Button Cap and Switch $130.00 Per Unit
Pedestrian Push Button Sign (5"x7") $ 45.00 Per Unit
Pedestrian Push Button Sign (9"xl2") $ 67.00 Per Unit
Bicycle Push Button Sign (5"x7" Green Background
with White Lettering) $ 50.0o Per Unit
o. Replacement of Pedestrian / Bicycle Push Button Assemblies
Pedestrian Push Button Top Mount Assembly with ADA
Approved Button Complete with 5"x7" Sign $ 200.00 Per Unit
Pedestrian Push Button Assembly with ADA Approved
Button Complete with 9"xl2" Sign
Bicycle Bush Button Assembly with ADA Approved
Button Complete with 5"x7" Sign
$ 275.00 Per Unit
$ 200.00 Per Unit
P. Refinish (paint per Section III) Push Button Assemblies, Pedestrian Heads
and Signal Heads, including Frameworks per Signalized Intersection,
excluding Controller and Electric Service Cabinets.
Pedestrian Head $ 100.00 Per Unit
3-Section Signal Head $ 150.00 Per Unit
4-Section Signal Head $ 200.00 Per Unit
5-Section Signal Head $ 260.00 Per Unit
Bicycle/Pedestrian Push Button Assembly $ 85.00 Per Unit
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
q. Refinish (paint per Section III) of Traffic Signal Controller Cabinet or Utility Cabinet
Signal Controller Cabinet $ 800.00 Per Unit
Type 2 Utility Cabinet $ 240.00 Per Unit
Type 3 Utility Cabinet $ 375.00 Per Unit
r. Furnish and Install MK Powered 79AH BBS Battery $ 235.00 Per Unit
S. Response to USA Callout / Marking of Facilities $ 210.00 Per Unit
t. Furnish Corning Altos 48-strand SMFO Fiber Optic Cable $ 0.85 Per Linear Foot
U. Labor:
Regular Time
Overtime
Premium Time
Per Hour
Per Hour
Per Hour
Engineering Technician
$122.00
$ 154.00
$ 185.00
Traffic Signal Maintenance
Superintendent
$ 90.00
$ 90.00
$ 90.00
Transportation Systems Technician
$102.00
$ 123.00
$ 145.00
Transportation Systems Electrician
$116.00
$ 145.00
$ 173.00
Traffic Signal Laborer
$100.00
$ 142.00
$ 142.00
Traffic Signal Painter
$ 100.00
$ 142.00
$ 142.00
Interconnect / Communications
Specialist - Ethernet
$ 116.00
$ 145.00
$ 173.00
Fiber Optic Specialist
$116.00
$ 145.00
$ 173.00
Regular, Overtime, and Premium time explanation:
- Regular Hours are: Monday - Friday (excluding holidays) from 7:30am to 5:00pm.
- Overtime Hours are: Monday - Friday after these work hours for the first four straight hours on any job as
well as Saturday for the initial 8 working hours.
- Premium Hours are: Monday - Friday after four hours of OT on any one job, Saturdays after 8 hours on any
one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until
the next morning at 7:30am.
v
CONTRACT UNIT PRICE SCHEDULE
TRAFFIC SIGNAL MAINTENANCE ITEMS
Vehicle / Equipment:
Rate Per Hour
Pick -Up Truck
$ 5.00
Service Truck
$ 30.00
Service Bucket Truck
$ 30.00
Service Boom Truck
$ 30.00
Water Truck
$ 25.00
Concrete Saw and Truck
$ 30.00
Air Compressor with Tools
$1.00
Crane
$ 65.00
I*A:11:31111"
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
Yunex LLC Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
Yunex LLC Page C-2
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
Yunex LLC _ J Page C-3
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Yunex LLC Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 107805047
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Yunex,
LLC hereinafter designated as the "Principal," an agreement for maintenance and/or
repair services, in the City of Newport Beach, in strict conformity with the Agreement on
file with the office of the City Clerk of the City of Newport Beach, which is incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
Travelers Casualty and
NOW, THEREFORE, We the undersigned Principal, and, Surety Company of America
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Five Hundred Thousand Dollars ($500,000.00), lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Agreement; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 of seq. of the Civil
Code of the State of California.
Yunex LLC Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 31st day of May 23
Yunex, LLC
Name of Contractor (Principal)
Travelers Casualty and Surety Company of America
Name of Surety
One Tower Square, Hartford, CT 06183
Address of Surety
(860) 277-0111
Telephone
APPROVED AS TO FORM:
CITY ATTORPIEY'S OFFICE
Date: C / / ��Z3
By:
ar n C. g
Attorneys
Au ��r zed Signa �jitle
is/li1�J 1 �t
Authilized Agent Signature
Jessica Richmond. Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Yunex LLC Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Yunex LLC Page D-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On June 5th, 2023
before me, Candace Gallaher - Notary Public
(insert name and title of the officer)
personally appeared Michael Hutchens
who proved to me on the basis of satisfactory evidence to be the person�4whose name( is/a-re---
subscribed to the within instrument and acknowledged to me that he/s-heffihey executed the same in
his/her/t rdr authorized capacity(.iesj', and that by his/he it signature(,s�'bn the instrument the
person(s^ , or the entity upon behalf of which the person(,$) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m hand and official seal.
y
CANDACEGALLAHER
Notary Public - California
n
< =ems
' '
Riverside county
Commission # 2300629
2023 r
My Comm. Expires Aug 8,
Signature
(Seal)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of � Texas
County of
Harris
On May 31, 2023 before me, Jennie Goonie, Notary Public
ere insert name and title a! e a ter
personally appeared Jessica Richmond, Attorney in Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.� ., JENNIE GOONIE
P`6
`-r Notary Public, State of Texas
Expires 06-15-2026
a e� Comm.
Notary ID 125034504
(Notary Public Seal)
June 1
IAL OPTIONA NFORMATION
OF THE ATTACHED DOCUMENT
_ Final Bonds _
(Title or description of attached document)
(Title or description of attached document continued)
mber of Pages _ 9 Document Date 05/31 /2023
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
It e
❑ Partner(s)
® Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, .should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
/Inv.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
hetsheldw)-is fare ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, rc-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document. number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Travelers Casualty and Surety Company of America
Ally Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Jessica Richmond of
Houston Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds,
recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing
the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
HAHT ORD ':< mi KJVTTfOM i
6, CONN. o = .W i CONN �a
State of Connecticut
By:
City of Hartford ss. Robert Raney, Senior Vice President
On this the 21 st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each
of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on
behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
f�
s y7fA1i4" +¢
p„ wic Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,
which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of
a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and
revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one
or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any
Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to
which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 31 st day of May 2023
^i #He s RFrY� 1 ^SNP
a
CONK rr- yhCi7NN
p Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 107805047
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $3,350.00 , being at the
rate of $ 6.70 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Yunex,
LLC hereinafter designated as the "Principal," an agreement for Traffic Signal
Maintenance Services , in the City of Newport Beach, in strict conformity with the
Agreement on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five
Hundred Thousand Dollars ($500,000.00) lawful money of the United States of America,
said sum being equal to 100% of the estimated amount of the Agreement, to be paid to
the City of Newport Beach, its successors, and assigns; for which payment well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Yunex LLC Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
and Surety above named, on the 31st day of May , 20 �.
Yunex, LLC
Name of Contractor (Principal)
Travelers Casualty and Surety Company of America
Name of Surety
One Tower Square, Hartford, CT 06183
Address of Surety
(860) 277-0111
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: G 1
l �
X1a n C. ar ���a,
City Attorney ��
Vph.orizedvn�X /T' I /0 6 c
Auth ized Agent Signature
Jessica Richmond, Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Yunex LLC Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Yunex LLC Page E-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On June 5th, 2023
before me,
Candace Gallaher - Notary Public
(insert name and title of the officer)
personally appeared Michael Hutchens
who proved to me on the basis of satisfactory evidence to be the personw whose name($�is/af-e
subscribed to the within instrument and acknowledged to me that he/shehl-te-executed the same in
his/he 4h4e4IC authorized capacity(•i , and that by his/h€4# etr signature(sron the instrument the
person(,, or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
CANDACEGALLAHER
Notary Public - California
a ': '=• Riverside County >
Commission 9 2300629
My Comm. Expires Aug 8. 2023
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of ' Texas
County of Harris
On May 31, 2023 before me, Jennie Goonie, Notary Public
ere insert name and titleof the officer)
personally appeared Jessica Richmond, Attorney in Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
�`"""''� JENNIE GOONIE
►RY I. /i
:2~:= Notary Public, State of Texas
Comm. Expires 06-15-2026
Notary ID 125034504
o ry Public Signature (Notary Public Seal)
M Commission Expires: J ne 15, 2026
ABUITIONAL OPTI AL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments
_ Final Bonds _
(Title or description of attached document)
from other states may be completed, for documents being ,sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
(Title or description of attached document continued) • Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
05/31/2023 • The notary public must print his or her name as it appears within his or her
Number of Pages 9 Document Date commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
® Attorney -in -Fact
❑ Trustee(s)
Other
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lte/she/0*5y- is Jere) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
t, �� o -,� t�. . ;s 7t, �-^ .c�,, • Securely attach this document to the signed document with a staple.
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