HomeMy WebLinkAboutContracts & Agreements_98-2022 (2)AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of traffic signal systems maintenance ("Agreement") is
made and entered in this 7th day of June, 2022 ("Effective Date"), by and between the City of
Redlands, a, municipal corporation and general law city ("City") and Yunex, LLC, a California
limited liability company ("Contractor"). City and Contractor are sometimes individually referred
to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises
contained herein, City and Contractor agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform traffic signal systems maintenance services for
City (the "Services"). The Services that Contractor shall perform are more particularly
described in Exhibit "A," titled "Scope of Services," which is attached hereto and
incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign
to City all rights, title and interest in and to all causes of action it may have under section
4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager, as City's representative with
respect to performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 The term of this Agreement shall be for a period of three (3) years from the Effective Date
of this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"),
on the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term. The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of
this Agreement.
4.2 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit `B,"
which is attached hereto and incorporated herein by this reference, in an amount equal to
one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to
this Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor's performance of the Services shall not exceed the
amount of One Million Two Hundred Thousand Dollars ($1,200,000) for the Services
provided during the Initial Term. Should this Agreement be extended, the compensation
for Contractor's performance for the Services shall not exceed the amount of Four Hundred
Thousand Dollars ($400,000) for the first Extended Term; and Four Hundred Thousand
($400,000) for the second Extended Term, bringing the total possible amount of
compensation to a not -to -exceed amount of Two Million Dollars ($2,000,000). For the
Initial Term and each Extended Term, City shall pay Contractor on a time and materials
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basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit
"C," titled "Price and Fee Bid," which is attached hereto and incorporated herein by
reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered. (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY CONTRACTOR
City Cleric Michael J. Hutchens, Operations Manager
City of Redlands Yunex, LLC
35 Cajon Street 2250 Business Way
P.O. Box 3005 (mailing) Riverside, CA 92501
Redlands, CA 92373 michael.hutchens@yunextraffic.com
jdonaldson@cityofredlands.org 951-784-6600
(909) 798-7531 951-784-6700
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
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minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City..
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses and liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of Contractor,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(d) issue, deny, suspend or revolve any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
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7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed .for anticipated profit or unperformed Services,
and (ii) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
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pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY OF RE61ANDS
1 -
B� -
Paul T. Barich, Mayor
ATTEST:
nne Donaldson, City Clerk
YUNEX,LLC
Michael"Hutchens, Operations Manager
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EXHIBIT "A"
SCOPE OF SERVICES
A. General
The work to be done, in general, consists of routine preventative maintenance, extraordinary
maintenance, and additional maintenance of traffic signal systems for locations that are the
responsibility of the City of Redlands. The Contractor is to furnish all tools, equipment, supplies,
apparatus, facilities, labor and material, transportation, and perform all work necessary to
maintain in a good working order all traffic signal facilities, safety lights, preemption devices, video
detection cameras and video processors (where present) and solar lighted crosswalks. The
Contractor shall provide a written inventory of all maintenance items.
The initial contract for this work will be for a period of 2 years from the Notice of Award, with an
additional three one-year extensions.
B. Standard Specifications
All services to be provided by the Contractor pursuant to this Agreement shall be provided by
personnel experienced in their respective fields and in a manner consistent with the standards
of care, diligence and skill ordinarily exercised by Contractors in similar circumstances in
accordance with sound professional practices.
All work performed or equipment or parts supplied by the Contractor shall be subject to the
inspection and approval of the City, or an authorized representative. Failure to pass inspection on
any maintenance, repair and/or service item will result in non-payment for that item until such time
as the Contractor can prove work completed to the satisfaction of the Project Manager.
C. Personnel
The Contractor shall provide at least one (1) full-time signal maintenance technician level III
certification as a Traffic Signal Technician from the International Municipal Signal Association
(IMSA) for each fifty (50) maintained signals locations unless otherwise approved by the City. All
workers shall have IMSA Work Zone Safety certification and State mandated National Electrical
Contractors (NEC) certification, unless otherwise approved by the City. Skilled laborers can make
hardware repairs under the direct supervision of NEC/IMSA level III certified Traffic Signal
Technician. The City reserves the right at all times to approve or deny the Contractor's assignment
of personnel to the City. If appropriate, the Contractor shall replace any personnel assigned to
the City whose performance or behavior is considered unacceptable by the City or the standards
established per the proposal.
The contractor shall, at a minimum, have on their staff three (3) NEC/IMSA certified technicians'
level III who are familiar with:
• NEMA TS 1, NEMA TS 2 Cabinets & Controllers
• Caltrans type 170 Cabinets & Controllers
• ATC Cabinets & Controllers
• Econolite's ASC/2, ASC/3, ASC-8000 controllers
• McCain's ATC Flex Controllers
• ATC Preempt Cabinets with special SIU interface
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Each technician shall have A MINIMUM OF THREE (3) YEARS of experience working and
troubleshooting on such controllers, cabinets and ITS communications equipment. The IMSA and
NEC certifications held by employees shall be kept in good standing and shall be maintained
current throughout the entire duration of the contract.
When requested by the City, the Contractor may be required to assist in the field inspection of
new installations.
Contractor shall provide names and qualifications of current staff members who are proposed for
this project indicating their level of certifications and job classifications. Bidders who fail to
demonstrate they have qualified technicians currently on staff will be considered nonresponsive.
The Contractor shall update employee lists annually or as personnel changes. The IMSA and
NEC certifications held by employees shall be kept in good standing and shall be maintained
current throughout the entire duration of the contract.
The Contractor shall use only NEC/IMSA level III certified technicians to service, maintain, and
make necessary repairs or installations to traffic signal devices within the confines of the controller
cabinet. Skilled laborers can make hardware repairs under the direct supervision of the
NEC/IMSA Technician Level III.
D. Equipment, Materials and Parts
The Contractor shall have available and readily accessible all required tools, equipment,
apparatus, facilities, traffic control, skilled labor services and materials, etc., to perform all work
necessary to maintain traffic signal facilities in good working order. All work performed, or
equipment, parts, or materials supplied shall be subject to the inspection and approval of the City
or his designated representative.
An inventory of all materials, parts and units owned and stocked by the City at the start of the
Contract period shall be made by the Contractor. This will enable the Contractor to determine
what materials, parts and units the City has on stock for replacement and/or repair of existing
facilities.
It shall be the responsibility of the Contractor to stock such additional materials, parts, or units as
may be needed for normal maintenance and repair of the traffic signal equipment. In addition to
the City's owned and spare equipment, the Contractor shall provide and be equipped with spare
parts sufficient to place the signal system back in operation for ordinary trouble calls, including
sensing devices for induction loop detectors.
For every twenty-five (25) intersections, the Contractor shall have on -hand:
One (1) ASC/3 Type 2 Econolite System Controller
One (1) MMU (malfunction management unit)
One (1) ATC CMU (conflict monitor unit)
Two (2) ATC S I U
Two (2) TS 2 BIU
One (1) CMU (conflict monitor unit)
One (1) McCain ATC Flex Controller
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In the event of an equipment malfunction, the original equipment .shall be returned to service
within 30 working days, or an approved replacement controller shall be installed.
The Contractor's service bucket trucks shall be equipped with spare parts sufficient to place the
signal system back in operation for ordinary trouble calls. This shall include sensing devices for
induction loop detectors and emergency vehicle preemption detectors. The service trucks shall
also be equipped with spare parts such as spare LED red, green and yellow, balls and arrows
lights, pedestrian signal LED lights, pedestrian push buttons, aluminum '1A' pole and housing,
load switches, and program boards. Equipment shall also include, but not be limited to, test
apparatus used for diagnostic purposes, a computer laptop and applicable software and tools to
make necessary repairs as directed by the City.
In the event of a traffic signal equipment malfunction, the Contractor shall install a contractor
owned spare equipment for temporary use while malfunctioning equipment are sent in for repair
or replacement equipment is received. There shall be no charge for use of these controllers while
the City's equipment is in for repair, or the replacement equipment arrives.
In addition, it shall be the responsibility of the Contractor to stock the necessary controllers, poles,
and other materials, parts and supplies to restore an intersection to an operating condition on an
emergency basis. For purposes of this section, an operating condition shall mean that all signal
phases are working and displayed in a manner in accordance with the (CAMUTCD) California
Manual on Uniform Traffic Control Devices, but that all features such as actuation or phase -
skipping capabilities are not necessarily restored at the time of the emergency repair, unless
approved by the City.
The Contractor shall at a minimum have at least one complete spare signal cabinet at all times
for replacement in the event of a knockdown.
No permanent or temporary change of controller mechanisms shall be done without prior approval
of the City except in case of an emergency. In the event a change is necessary to respond to an
emergency, the Contractor shall notify the City by telephone and by email immediately that the
equipment was removed and replaced with approved spare equipment. All costs associated with
repairing equipment, including diagnostic costs, shall be approved prior to proceeding with
repairs.
E. Equipment, Materials and Parts Required to be Used
Contractor shall only use materials, parts and units supplied and/or recommended by the
manufacturers of the malfunctioning traffic signal equipment. Where no specific material, part, or
item is recommended by the manufacturer or where the material, part, or unit cannot be located
locally, the material, part or unit used shall be as prescribed per Section 86 of Caltrans Standard
Specifications.
The Contractor shall replace or repair any and all defective parts of the controller mechanism as
the occasion arises. Controller units, auxiliary equipment and appurtenances such as load
switches, Emergency Vehicle Pre-Emption (EVP) devices, detectors, video detection and
monitoring cameras, battery backup system equipment, transformers, relays, Ethernet devices,
and related items shall be serviced and overhauled as recommended by the manufacturer.
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F. Additions and Deletions to the System
The Contractor shall maintain additional traffic signals and appurtenant devices as they'are
installed or become part of the maintenance requirements immediately upon written ,notification
by the City. Such additional signals shall be maintained at the same unit price as stipulated in the
Contract Agreement. In the event that maintenance of a new signal commences at other than the
beginning of the monthly period, the unit rate for routine preventative maintenance services shall
be prorated from the date maintenance commences.
The City may, at its sole discretion, eliminate signals from this contract. The Contractor shall be
notified of such deletions in writing. Such deleted signals shall decrease the invoice at the same
unit price as specified in the Contract Agreement. In the event that maintenance of a signal ceases
at other than the beginning of the monthly period, the unit rate for routine preventative
maintenance services shall be prorated from the date the Contractor was notified.
G. Request for Service Outside of Normal Hours
The Contractor shall expect service requests outside of the Contractor's normal working hours.
These service requests may be given by telephone, fax, e-mail, written correspondence or other
means for reporting related problems, damages, and emergencies listed in the Scope of Work.
The Contractor shall maintain a local or toll -free telephone number where service can be
reached twenty-four (24) hours per day, seven (7) days per week, and three hundred and
sixty-five (365) days per year, in order to effectively address and respond to both routine
and emergency service requests. The telephone number is to be made available to the City -or
his representative, and the city of Redlands Police Department. All requests shall be addressed
by an appropriate timely response as outlined in this Scope of Work. For the purpose of this
contract, "normal hours" shall be defined as Monday through Friday between 7:00 a.m. to 5:00
p.m. (excluding holidays formally recognized by the City).
H. Response Criteria for Routine Services and Emergency
Routine requests shall be responded to during normal hour within twenty-four (24) hours of first
notification or the first Monday unless a holiday falls on it, after a weekend unless the City agrees
upon other arrangements.
The Contractor will need to ascertain whether service requests are of an "emergency" nature
requiring an immediate response or whether the request is general in nature requiring routine
response. The City may also deem a traffic signal malfunction an emergency condition at its sole
discretion. Requests deemed to be "emergencies" shall be responded to immediately with
all possible haste, arriving at the signal location within one hour (1 hour) of first
notification.
When responding to an emergency or a called in request or an emailed request, the contractor
shall note on their paper work the name of the person, date and time of the request.
In general, the following events shall establish an emergency condition:
® Totally blacked out traffic signals. For the intersections in which they are totally blacked
out the city will use the following California vehicle code section 21800 until such time
repairs or corrections are made to the affected intersections.
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• Failure or malfunction of the traffic signal system or interruption of normal signal
operations so as to create a public hazard. This may be caused by damage from vehicle
collisions or accidents, acts of nature, civil disorder, malicious mischief, vandalism, or
actions of other contractors or utility companies.
• Indications in conflict or signal heads are out for any one traffic movement bulbs including
bulbs and lenses but not power outage
• Signal/pedestrian heads end or alignments that that give conflicting indications rendered
not invisible to any intersection approach.
• Signal cabinet and or signal pole knocked down.
• A red light is reported burned out..
• Any primary head indication is out.
• Any appurtenant traffic signal equipment such as traffic signal heads, street name signs
or other regulatory signs, warning or guide signs affixed to mast arms or poles, reported
to be knocked down, dangling, or otherwise creating a public hazard shall be immediately
repaired or removed as an emergency situation in order to eliminate the hazard or unsafe
condition.
• As part of the Contractor's emergency call response, the Contractor may be required to
respond to accident scenes at signalized intersections to perform a review of the traffic
signal system operation and equipment. The Contractor shall, in this case, thoroughly
examine and inspect all equipment at the location for any physical damage or equipment
malfunction, including a timing check of the controller. Upon completion of this
examination the Contractor shall submit, in writing a report summarizing the results of the
examination and inspection to the Department Director or his designee. These results
shall also be placed in the maintenance records of the intersection maintained by the
Contractor.
• Any other repair that is deemed an emergency by the City.
Under these conditions, the Contractor shall immediately restore the traffic signal to normal
operations. If that is not possible due to the extent of damage, sufficient repairs shall be made to
enable the intersection to operate safely.
For emergency repair purposes, the Contractor's vehicle shall have immediately available the
following equipment: portable stop signs to be installed if required, barricades, cones,
replacement signal heads, pedestrian heads, I -A signal pole, load switches, controller, and other
related equipment and tools which may be required to repair said damage.
For the emergency repair of a signal, the following procedure for traffic control shall apply:
1. The Contractor shall dispatch qualified personnel and equipment to reach the site
within the time frame specified in this Scope of Work for emergency call -out. The Contractor shall
carry in their vehicle(s) an adequate supply of stop signs, barricades, traffic cones, etc., which
shall be used when controlling traffic during an emergency and/or when necessary by the signal
Department Director or their alternate deemed.
2. If no police officer is present and temporary stop signs have been set up when the
Contractor arrives at the site, the Contractor shall place the intersection in flash in the signal
cabinet before setting up more traffic warning and control devices, if deemed necessary, and
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proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all
of the temporary stop signs and other traffic control devices and return those devices owned by
the City to the City Yard.
3. If a police officer is still at the site when the Contractor arrives, the Contractor shall
quickly examine the signal, evaluate the situation, discuss it with the police officer, and obtain a
Traffic Accident Report Number (if applicable) to be submitted with the invoice for work performed
at the signal. If the repair will take longer than the officer can wait and has determined it to be a
hazard the Contractor shall immediately place the intersection in flash, set up signs and all other
necessary warning devices to protect the motoring public. The Contractor shall also notify the
representative, of the any delay and the approximate time of the Contractor's response to such
an emergency. Any delay times will not be charged to the City. Contractor shall contact the city
prior to responding to the call so it may be tracked.
4. Notification - The Contractor shall notify the City or his authorized representative
of any planned alterations, substitutions, or removal of any controller or component, or alteration
to the operation of any signal system during normal business hours and give notice to the City
same business day of the scheduled work. Notification of changes made at times other than
normal business hours, notification to the City shall be reported by telephone or email within two
(2) hour of the next business day.
The Contractor shall then call and also confirm via e-mail the morning of each day that any
planned extraordinary maintenance that is directed to take place during that day. The Contractor
shall notify the department director, or his authorized representative, of the proposed
maintenance specifying the type of maintenance, location, and the approximate time of the day.
If work is commenced without obtaining approval from the City, payment will not be made until
City staff can inspect the work.
For emergency call -outs during normal business hours of the City, notification by telephone shall
be made within one (1) hour of such response. Notifications at times other than normal business
hours of the City shall be reported by telephone within two (2) hour of the beginning of the next
business day of the City. The Contractor shall thoroughly examine and inspect all equipment at
the location for any physical damage or equipment malfunction. Within five (5) calendar days after
completion of this examination, the Contractor shall submit, in writing, a report summarizing the
results of the examination and inspection to the City or his designated representative. These
results shall also be placed in the maintenance records of the intersection maintained by the
Contractor.
I. Maintenance Records
The Contractor shall keep a current, permanent operational record of all work performed at the
intersection, including, but not limited to, routine maintenance, emergency and nonemergency
service calls, and extraordinary maintenance, of each and every piece of traffic control or safety
equipment that the Contractor is required to maintain by this contract. The Contractor shall also
track the replacement schedule of signal indications and batteries as per the contract documents.
These records shall be kept at each maintained location on a form approved by the City. A copy
of such records shall be provided to the Director or his authorized representative within two (2)
working days upon request. The form shall include, at a minimum, the location, the date, time,
description of the call, PM service or malfunction device narrative of deficiencies encountered,
and a detail of any and all corrective actions(s) taken. Entries shall be made legibly in indelible
ink and shall be initialed by the technician's employee # when making the entry. The Contractor
shall maintain an electronic database of the maintenance records that is remotely accessible by
the Director or designee .The database shall be specific for each Agency and searchable by
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intersection. A written cabinet log shall be kept in each cabinet that includes date and time of
repairs, who performed the work, and a brief description of the work that was done. In addition,
a checklist of items in Section U-1 below for each tri-monthly routine PM check shall be kept in
each signal cabinet. The maintenance records shall be provided to the City on a monthly basis
as part of the monthly invoice from the Contractor.
J. Monthly Maintenance Reports
The City of-REDLANDS has approximately 72 traffic signals that are to be divided into three
approximately equal lists, and the traffic signals on each list are to be visited once every three
months. The Contractor shall develop a monthly summary report in cooperation with the City to
be submitted with the monthly invoice for those signals subject to review that month. This monthly
summary report shall itemize all activities relating to traffic signal and safety lighting maintenance
for each maintained location. The summary report shall list the maintenance history of the entire
reporting period for each individual signal location and any deficiencies found including travel,
arrival and departure times, dates and location of the repairs, vehicle and service personnel
dispatched, types of repairs made, police report # if responded to, requested call(s) and all
materials and equipment used for each day worked. A chronological report of all maintenance
activities throughout the month is not sufficient. The summary reports shall be submitted to the
City within ten (10) days following the end of the month of the reporting period. Invoices will not
be paid until the summary report has been reviewed. Reports shall be submitted electronically (in
addition to a hard copy). The format is to be an MS Windows Excel spreadsheet.
The following information shall be legible and at a minimum, is required for each signal location:
• Location by intersection and identification of a specific corner or direction of traffic when
applicable
• Date and time the call was received and the first and last name of the caller or self -initiated
• Date and time the Contractor's personnel and equipment arrived at the scene
• Travel time when applicable
• Date and time the job was completed
• Nature of the malfunction, if any, and a description of the action taken by the Contractor
• Notation of routine, extraordinary, or additional work (including emergency work)
• Accident report number (from RPD) for all accident related work.
• Replacement of equipment including the model, part number and serial number
All records are the property of the City of Redlands and at the termination of this contract shall be
delivered to the City.
K. Salvaged or Damaged Equipment and Ownership
Ownership of all materials existing and incorporated in the work is vested in the name of the City
of Redlands. Salvaged or damaged equipment shall become the property of the Contractor unless
otherwise directed by the City. Contractor is responsible for the proper disposal and recycling of
such material.
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Failure to provide adequate safety devices, as directed by the Director or designee, will cause the
City to install safety devices as needed and the cost will be assessed to the Contractor at the
City's actual cost. The City shall be entitled to offset any costs incurred against the Contractor's
invoice.
All costs for traffic control shall be included in the various items of work, and no additional
compensation will be allowed.
L. Damage
Adjacent improvements such as street pavement, curbs, sidewalks, sprinklers, landscaping,
hardscaping, driveways, and gutters damaged as a result of the Contractor's operation shall be
repaired to the satisfaction of Director or designee at the Contractor's expense.
M. Sound and Noise Control
The Contractor shall comply with all local sound control and noise level rules, regulations, and
City ordinances, which apply to any work performed pursuant to the contract.
N. Types of Signals / Equipment
The Fee Schedule for both the routine and extraordinary maintenance shall apply to all types of
signal controllers, accessories and systems as may exist in the City now or that may be installed
during the life of the contract.
O. Meetings
Meetings may be required for the purpose of discussing contract provisions, problems and/or
issues and ensuring that the work is proceeding as per the contract documents. The Contractor
will be notified in advance and required to attend and participate in these meetings with City staff
as needed. These meetings will be called by the Director or his authorized representative. Full
compensation for attending these meetings shall be considered as included in the various items
of work and no additional compensation shall be allowed therefore.
P. Estimate of Quantities
The quantities shown in the Contract Agreement shall be considered as approximate only. The
City does not guarantee or agree, either expressly or by implication that the actual amounts
required would correspond therewith, and reserves the right to increase or decrease the amount
of any item or portion of work or material to be performed or furnished, or to omit any such item
or portion, in accordance with the provisions relative thereto set forth in this "Scope of Work."
Q. Routine Preventative Maintenance Program
The Contractor shall provide a program of routine preventative maintenance designed to eliminate
or reduce the incidents of malfunction and extend the useful life of the equipment.
1. Routine Preventative Maintenance of Traffic Signals and Safety Lighting
Systems
Inspect and service each signalized intersection once every three months. The Contractor shall
provide all material, parts, labor, equipment and transportation, including a service bucket truck
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capable of performing all the required maintenance functions for each assigned technician, to
perform this COMPLETE list of services, on a tri-monthly basis.
The bi-monthly traffic signal maintenance bid item will be quantified by "EACH" under the "Units
of Measure" in the Fee Schedule for an annual total of 288 maintenance checks at 72 traffic signal
locations (72 traffic signals X 4 maintenance checks/year = 288 maintenance checks). The traffic
signal maintenance unit price will be for all work specified within the Contract documents and will
include all labor, materials, tools, equipment, transportation and incidentals necessary to
complete all the items of work. The traffic signal maintenance unit price will be per the Fee
Schedule and no additional compensation whether for overtime, shift differentials, or travel time
shall be allowed.
The items of work for routine preventative maintenance of traffic signals are as follows:
Air Filter — Replace the air filter element in all controller cabinets so equipped at least once each
six (6) months and note in the tri-monthly report any filter replacement. Wash or replace all air
filter elements in all cabinets so equipped within three (3) months after the execution of this
contract, and so note in the tri-monthly report the date the filter elements are cleaned or replaced.
Battery Backup Systems (BBS) — Backup unit and batteries shall be tested bi-monthly in
accordance with the manufacturers recommended maintenance as a part of preventative routine
maintenance program. Battery backup systems or batteries shall be replaced at the unit price
stated in the Fee Schedule including checking operational voltage range of all batteries, and
adjust or repair as needed. The repair or replacement o of any of the BBS components, excluding
batteries, shall be considered extra work and will require prior approval by City before work is
commenced. Batteries shall be scheduled to be replaced every five (5) years at which time, the
new install will reset the clock. If battery failure has occurred prior to the replacement date,
approval must be given by the City or his authorized representative
BBS Cabinet Exterior — Remove any posters, signs, adhesive labels, and/or graffiti, etc. from
the cabinet exterior. Check the interior and exterior of the service cabinets for signs of
deterioration to the cabinet's surface using a wire brush and then protect the area with zinc
chromate, red lead or rust inhibitor prior to painting with a matching color (only applicable to
painted cabinets.) For Stainless or Aluminum cabinets, a circular pattern will be required to mast
any graffiti that is gouged or engraved on it.
BBS Cabinet Interior, Fan and Vents — The Contractor shall clean the BBS cabinets thoroughly
on the inside, verify that the controller cabinet fan operates properly with a minimum of noise, and
check the vents in the service cabinet to ensure that they are free of any foreign material. If a fan
is thermostatically controlled the temperature shall be set at 100 degrees.
Before Leaving Intersection — Before leaving the intersection during any routine or
extraordinary maintenance, verify that all detector test switches are in "normal" position, and that
the stop time switch is in the "auto" or "normal' position. Do a walk of the intersection and touch
each corner. Record all information when complete with (name, time, date, nature of work, etc.)
in the cabinet logbook. Immediately correct all safety deficiencies found during routine inspections
and schedule non -emergency work with City staff.
Cabinet Exterior — Remove any posters, signs, adhesive labels, and/or graffiti, etc. from the
controller and service cabinet exteriors.
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Cabinet Interior, Fan and Vents — The Contractor shall clean the traffic signal cabinets
thoroughly on the inside, including all components. Verify that the controller cabinet fan operates
properly with a minimum of noise, and check the vents in both the controller cabinet door and
above the door, or at the top of the cabinet to ensure that they are free of any foreign material. If
a fan is thermostatically controlled the temperature shall be set at 100 degrees.
Conflict Monitor/Malfunction Management Unit — Verify that the time clock and date are
correct in any Conflict Monitor Unit (CMU)/Malfunction Management Unit (MMU) in all signal
cabinets. A visual check is required with each PM to ensure no errors are displayed. Yearly
testing, during the months of January and February, of all CMU/MMU equipment shall be
completed with the use of an automated testing device with the test results printed on a report
that is to be delivered to the City within thirty (30) days from the first location tested. The printed
report containing the test results shall, at a minimum, include the following information: report
header with type of monitor tested and date tested; agency identification including manufacturer,
model and serial number; related test information including operator, test site, and intersection
location; and monitor verification with a description of type of tests performed and conditions found
(i.e., failure or non -failure). Note in bi-monthly routine maintenance. log. The respective monthly
invoice for payment of Routine Maintenance will not be processed until CMU/MMU testing is
completed and the City has received all required reports.
Connectors — Check all connectors (includes any connections on the main panel, interface
panels and under detector racks) to ensure they are secure and free of corrosion. Apply diazo
grease as needed to deter corrosion. Note in% -monthly routine maintenance log. Be sure not to
damage by over -tightening.
Controller Cabinet Mounting — Check the snugness of the nuts on the controller cabinet anchor
bolts, and tightens if necessary, being sure not to distort by overtightening.
Controller Cabinet Foundation Seal — Check the seal between the bottom of the cabinet and
the foundation for deterioration. If standing water or evidence of water is present inside the bottom
of the controller cabinet, reseal by removing cabinet mounting nuts and installing sealant between
cabinet and foundation.
Controller Operation — Manually place vehicle and pedestrian calls on each phase through the
controller cabinet test switches or the controller keyboard to verify controller servicing of each
active phase. Maintain an accurate chronograph and set all real-time clocks to the National
Bureau of Standards (WWV) time. When and where necessary, adjust clocks to Daylight Savings
Time within twenty-four (24) hours of time changes. Note: Any time corrections +or - on the log
sheet
Detection Setup - Verify that the detector loop cables are correctly identified, connected to the
correct vehicle detector field interface terminals, and that the correct detector indicates a call.
Verify that a call is placed on the correct controller detector input, and that the input places a call
on the correct controller phase.
Detector Operation — Check detector units and systems including, but not limited to, inductive
loops, and pedestrian push buttons for correct detection of both vehicles and pedestrians by
observing the turn -on of the appropriate detection indicator as a vehicle passes over or through
the detector loop(s)/zone; and adjust or repair said equipment as necessary to restore system to
its intended operation.
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Door Gasket — Check all door gaskets on the controller cabinet, service cabinet and any other
enclosures for evidence of moisture or deterioration. Completely replace any gaskets showing
signs of leaking or deterioration.
Door Panel Harness — Check the harness leading from the door panel to the auxiliary panels
on the cabinet door to ensure they are not being pinched and do not bind against the cabinet
door. Adjust if necessary.
Equipment Displays and Indicators — Verify that all LED and LCD displays and indications
(controller, MMU/CMU, load switches, flasher, Radio, pre-emption video diction equipment, etc.)
are working properly.
Flash - Verify the operation of the flashers once per year. Verify with a stopwatch that the flash
rate is between 50 to 60 pulses per minute and that the "ON/OFF" states for each flash circuit are
equal.
Ground Fault Receptacle — Verify the proper operation of "Test" and "Reset" buttons on GFCI
type outlets.
Hinges and Locks — Check for free movement of all doors, latching assemblies and locks on
the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray
lubricant and remove any excess.
Indications — The Contractor shall clean all vehicular and pedestrian module faces once per
year, and shall replace burned out vehicular and/or pedestrian modules. Contractor shall furnish
all LED signal modules as noted in the program costs per the Fee Schedule agreed to for the
maintenance Items as detailed herein below.
In case the Contractor is unable to replenish his supply of City furnished LED modules in time to
replace the burned out ones, the Contractor shall replace burned out LED modules with City
approved LED modules only. The City will only pay for the cost of installation as per the Fee
Schedule, and replace the number of LED modules installed by the Contractor out of City
inventory.
The Scope of Work also contains a separate Item for the Group Replacement of non LED
Vehicular Indications.
Insect or other Rodent Infestation — Check for any signs of ants, wasps, spiders or other
rodents within all the cabinets pull boxes hand holes etc. Take the necessary steps for
extermination.
Interior Light — Verify the proper operation of the controller cabinet's interior fluorescent/ LED
light and starter. Intersection Records — ensure that all intersection "Record Drawings," cabinet
wiring diagrams, necessary equipment operations manuals, controller data timing sheets, and log
book are corrected and stay inside the cabinet. Contact designee to obtain any missing items.
Intersection Timing — The City will provide timing sheets in each controller cabinet. These timings
are to be maintained by the Contractor. The Contractor is to compare controller phase timing
against the approved timing plan, check any discrepancies against intersection log and notify
designee of any and all discrepancies. Check the timing of the yellow (caution) intervals on all
phases by the controller.
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Although, the City will generally complete new timing patterns, the Contractor may be issued a
work order from the City authorizing* e Contractor to make necessary changes. The Contractor
shall make no timing changes on controllers or accessories unless authorized by the director or
designee, EXCEPT during emergencies. In the event that the controller timing does not match
the timing sheets in the cabinet, the Contractor shall notify the City for direction on how to proceed.
Timing changes that may be necessary during emergencies (such as loop failures, pushbutton
failures, etc.) may be made without prior approval. However, the Department designee must be
notified of changes by 8:00 A.M. the next working day. Any change made to the signal timing,
permanent or temporary, shall be noted on the timing sheet with date and the initial of the
technician, and logged in the repair record in the controller cabinet.
Intersection Walk -Around — Walk all the approaches of the intersection and visually inspect all
signal poles, mast arms, signal heads and indications, traffic control signs, pedestrian signals,
Cameras, Opticom (preemption) heads, reflective street name signs, loop sealants, pull box
covers, and any other devices, and verify the correct placement and/or operation. Any inoperable
vehicle or pedestrian indications, safety lights, or illuminated sign lamps shall be replaced under
extraordinary maintenance; illuminated signs damaged beyond repair shall be reported to the
designee and replaced under extraordinary maintenance with reflective street name signs. All
vehicle heads and pedestrian heads found to be out of alignment shall be properly aligned.
Missing signs shall be replaced under extraordinary maintenance. Cracked or damaged loop
sealants shall be re -sealed. All other equipment found missing or damaged shall be reported to
the City prior to replaced or repaired.
Loop Detectors — The Contractor shall verify the condition of the loops in the roadway and take
necessary preventative measures to ensure the longevity of the loop. This includes the splicing
(or re -splicing) of detector loops and/or replacement of loop sealant. Cutting and installing new
loops is considered extra work and will require prior approval by the City before work is
commenced. The failure of a loop due to sealant not maintained is not considered extra work and
will be repaired at the Contractor's expense.
Maintenance Log — The Maintenance Log form shall be initialed for every item that was
completed during the preventative maintenance that month.
Pedestrian Push Button Assembly — The Contractor shall check all pedestrian push buttons
and assembly for proper operation. If necessary, the Contractor shall repair or replace the
pedestrian push button and/or assembly as needed. All replaced pedestrian push button
assemblies shall be ADA compliant. The replacement of defective parts will be extraordinary
maintenance.
Pedestrian Signals —The Contractor shall maintain all pedestrian signal heads in working order,
and the cost incurred shall be included in the unit price for routine preventative maintenance per
intersection. The replacement of defective parts will be extraordinary maintenance. Pedestrian
signal indications requiring replacement shall be replaced with count -down type LED modules as
directed by the City.
Plug-in Components — Check that each plug-in component (rack mount detectors, BTU's,
relays, load switches, etc.) fits tightly and securely in its socket.
Preemption Devices — Test all preemption devices for proper operation.
Safety Lighting, and Reflective Street Name Signs — The Contractor shall perform a night
inspection of all safety lighting, bridge deck lighting and Reflective street name signs at signalized
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intersections twice per year. The Contractor shall carry photocells, fuses, and splice kits when
troubleshooting safety lights. All malfunctioning light fixtures shall be repaired within twenty-four
(24) hours of being identified. If repairs cannot be performed at the time of inspection and
replacement is necessary, approval from the Director or his authorized representative. Unless
otherwise directed by director, all safety lighting/luminaries that cannot be satisfactorily repaired
shall be replaced by an LED lighting fixture approved by the City or his authorized representative.
The Contractor shall provide the City in the monthly report showing the number of light fixtures
that have been repaired, the type of light fixture, and the location for each light fixture. The City
has the right to inspect the Contractor's records to verify any material used in light fixture repair.
Costs incurred in night inspections for Reflective street name and safety lighting shall be included
in the unit price for routine preventative maintenance. The replacement of defective parts will be
extraordinary maintenance as per the Fee Schedule or per written quote, as directed by the
Director or his authorized representative.
Service Connections — Verify that the neutral, ground and power connections are secure in
both service cabinets and controller cabinet. Check breakers, lighting contactors, switches
terminal connections and photo cells at least once every six (6) months. Note in bi-monthly routine
maintenance log. The replacement of defective parts will be extraordinary maintenance as per
the Fee Schedule or per written quote, as directed by the Director or his authorized representative.
Signs — Traffic control signs shall be cleaned and adjusted as routine maintenance. The
Contractor shall repair or replace any damaged, faded or missing reflectorized street name signs,
traffic control signs or pedestrian push button plates affixed to any signal mast arm or pole under
extraordinary maintenance, including all bracketing attached to the mast arm to the sign.
Switches — Verify the correct operation of each position, including "OFF", of all switches.
Repeatedly work all test and stop time switches to keep the switch contacts clean.
Terminal Connections — Using the correct size insulated screwdriver, test each terminal screw
backing off slightly check for corrosion then retightening to confirm that it is secure (but not to
distort or over -tighten) at least once every six (6) months. Note in bi-monthly routine maintenance
log and report corrosion in monthly the report.
Thermostat — Verify that the cabinet fan thermostat is set at one hundred (100) degrees
Fahrenheit.
Traffic Signal Controller Assembly — The Contractor shall replace, repair, or otherwise render
in good working order any and all defective traffic signal controller assemblies with like make and
model assemblies as necessary to ensure the safe operation of said signal equipment. Solid-state
equipment shall be maintained according to the manufacturer's specifications.
Traffic Signal Poles and Mast Arms — Verify that all nuts and bolts are securely attached at
base of poles (including all attachments of signs) and at any connection point. Verify that all hand
hole and cover plates are in place to protect wiring.
Vacuum Cabinet — The uses of compressed air is only allowed for terminal blocks, electrical
components and vent openings. Thoroughly vacuum the interior of the controller cabinet including
all shelves, base of cabinet and the police access panel. Also blow out or vacuum the vent
openings above the controller cabinet door.
Video Detection Cameras and Video Processor (Where Present) — The Contractor shall
verify that video detection camera lenses are clean and the video processor system is operable.
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The Contractor shall clean and polish all video detection camera lenses once every six (6) months,
or as directed by Director on an individual basis. At that time, all signal heads, mast arm mounted
street name signs, and optically programmed signal heads, shall be realigned as necessary. Note
in Tri-monthly routine maintenance log.
2. Routine Preventative Maintenance of a Solar Lighted Crosswalk System
The Contractor shall inspect and service a Solar Lighted Crosswalk and provide the labor,
equipment and material to perform this COMPLETE list of services twice per year. The schedule
shall be established to coincide with the beginning and ending of Daylight Savings Time. Within
thirty (30) days of the award, the Contractor shall provide the City with a maintenance schedule.
The bi-annual Solar Lighted Crosswalk maintenance bid item will be quantified by "EACH" under
the "Units of Measure" in the Fee Schedule for an annual total of 2 maintenance checks at one
Solar Lighted Crosswalk location (1 crosswalk X 2 maintenance checks/year = 2 maintenance
checks). The traffic signal maintenance unit price will be for all work specified within the Contract
documents and will include all labor, materials, tools, equipment, transportation and incidentals
necessary to complete all the items of work.
The items of work for routine preventative maintenance of traffic signals are as follows:
Battery Systems — The Battery System including controller unit and batteries shall be tested in
accordance with the manufacturers recommended maintenance as a part of preventative routine
maintenance. Check battery voltage and record in cabinet. Failed or defective batteries shall be
replaced within five (5) days of diagnosis. Batteries shall be included on a five year replacement
program. The repair or replacement of any of the components, including batteries, shall be
considered extra work and will require prior approval by the City before work is commenced.
Cabinet - The Contractor shall clean the service cabinets thoroughly on the inside, including all
components and any foreign materials; verify that the controller cabinet fan operates properly with
a minimum of noise; check the vents in the service cabinet to ensure that they are free of any
foreign material; and remove any posters, signs, adhesive labels, and/or graffiti, etc. from the
controller and service cabinet exteriors.
Lighted Crosswalk, Flash pattern, flashing lights on poles and roadway lights (pucks) -
Compare timing against the approved timing plan, check any discrepancies against log and notify
City of all discrepancies. When and where necessary, adjust controller. Verify the flash rate is as
per the manufacturer's specifications. The repair or replacement of any of the components,
including the roadway lights, shall be considered extra work and will require prior approval by the
City before work is commenced Pedestrian Push Button Assembly - The Contractor shall check
all pedestrian push buttons for proper operation. If necessary, the Contractor shall repair or
replace the pedestrian push button.
Service Connections - Verify that the connections to solar panel to solar controller, ground and
power connections are secure in the controller and service cabinet.
Signs - Traffic control signs shall be cleaned and adjusted as routine maintenance. The
Contractor shall repair or replace any damaged or missing traffic control signs or pedestrian push
button plates affixed to any signal mast arm or pole under extraordinary maintenance, including
orange flags on certain mast arms.
Solar Controller - Compare timing against the approved timing plan, check any discrepancies
against log and notify Director of all discrepancies. When and where necessary.
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Solar Panel - Clean the solar panel (in a manner supported by the manufacturer's specifications)
to remove all dust and clean without any damage to the panel. The repair or replacement of any
of the components, including the solar panel, shall be considered extra work and will require prior
approval by the City before work is commenced.
Visual Inspection - Visually inspect each in -pavement or above -ground flashing device to ensure
that they all remain secure in place and are not loose within the pavement. Inspect the devices to
ensure that they are not damaged or broken in any manner and that they remain clean. Verify
that the device properly activates from the ped push button. Also confirm that the in -pavement
light or device is flashing as intended for each direction with similar brightness. Check alignment
and clean debris away from the pole mounted lights and "pucks" to insure visibility of 125 yards
in each direction. Any device found to be defective shall be scheduled for repair within thirty (30)
days of diagnosis and shall be considered extra work and will require prior approval by the City
before work is commenced.
R. Group Replacement Program of Non LED Vehicular Signal Indications
The Contractor shall develop a schedule to group replace of all non LED vehicular indications in
the City by spreading the task out throughout the life of the agreement. The agreement provides
for one (1) initial year with up to four (4) extensions of one (1) year. As such, the agreement may
span a total of five (5) years. The developed schedule should therefore anticipate group
replacements in approximately five equal amounts. That is, about twenty percent (20) of all of the
indications replaced per year. This task shall end if the agreement is not renewed or otherwise
terminated.
The task shall include all labor and replacement LED indications as per the City's standards and
as approved by the City or his authorized representative. The replacement schedule shall be
developed around the concept of replacing all indications per intersection at one time. This task
may not be accelerated ahead of schedule, with the exception of indications that are replaced
ahead of schedule due to burn-out/failure on a case -by -case basis. When indications are replaced
ahead of the replacement schedule, they will be removed from the replacement list and the actual
date of installation recorded in the maintenance log. Subsequent failure of replaced indications
shall be repaired / replaced by the Contractor as warranty work at the Contractor's expense.
The Contractor may choose to replace the one year allotment of twenty percent of LED indications
at once, or may spread the work throughout the current contract year, but in any case, shall only
be paid for actual work completed as per the Fee Schedule and no additional compensation shall
be allowed therefore.
S. Extraordinary Maintenance
Extraordinary maintenance as listed in the Contract Agreement includes all the labor, equipment,
parts and materials necessary to ensure the safe and efficient operation of the City's traffic signal
system that goes beyond the normal routine preventative maintenance program established by
this Scope of Work. Items of extraordinary maintenance or extra work generally include the
following:
Furnish and install replacement traffic signal cabinet assembly including new foundation
and all wiring.
s Furnish and install replacement service cabinet, foundation and wiring.
• Furnish and install replacement traffic signal poles and mast arms.
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• Furnish and install replacement vehicle and pedestrian signal indications.
• Furnish and install replacement conduits, pull boxes, lids and wiring.
• Furnish and install replacement panels or Reflectorized street name signs (RSNS) as
directed by the City.
• Furnish and install replacement safety lights.
• Furnish and install replacement traffic signal control equipment and components.
• Furnish and install replacement batteries.
• Paint Signal Equipment
• Cut and install replacement detector loops.
Extraordinary maintenance, except for emergency repairs as provided for in this Scope of Work,
shall require prior written authorization from the City. In situations requiring immediate response,
verbal authorization from the City or his authorized representative is sufficient followed by a
written authorization.
The City will compensate the Contractor for such additional work based on the verified invoice
cost of materials, equipment and labor. Billing for such additional work shall reflect the labor rates
established by the Fee Schedule. Upon receipt of an itemized invoice within thirty (30) days of
completion of work, the City shall compensate the Contractor for additional work.
In the event a price cannot be agreed upon for very specific work not covered by the Fee
Schedule, the City reserves the right to repair and/or solicit quotations or invite bids and award
work to any Contractor to perform such additional work.
T. Price Markup
The City will allow a maximum of 15% markup for materials only required to complete
Extraordinary Maintenance as provided for in this Scope of Work.
U. Permits, Licenses, and Inspections
The Contractor and all its subcontractors shall obtain and pay for a City business license from the
City of Redlands prior to the commencement of work, and obtain a no -fee Right -of Way
Encroachment Permit and Traffic Control Permit from the City.
The Contractor shall have a Class A and/or California "C-10" Contractor's license at the time of
awarding of the contract.
All work performed, or equipment or parts supplied by the Contractor, shall be subject to
inspections and approval of the City, or his authorized representative.
22
L:\ca\djni\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn
ATTACHMENT A Bond No. 9403717
ADDENDUM
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands, State of California, and Yunex LLC (hereinafter designated as "Principal") have entered into
an agreement (the "Agreement") whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds
(the "Work"), which said agreement, dated , June 7'h 2022, and titled as "Agreement to Perform Non -Professional Services for Im-
provement to Public Builds and Grounds" is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to furnish
a good and sufficient Faithful Performance bond with the City for the faithful performance of the Agreement;
Now, therefore, we, Principal and the undersigned, as corporate Surety, are held and firmly bound unto the City in the penal
sum of One Million Two Hundred Thousand & 00/100 Dollars ($1,200,000,00) lawful money of the United States, for the payment of
which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors
or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the
Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all
materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and
employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations,
all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of
one (1) year or longer if required by the Agreement after the acceptance of the Work by the City, during which time if Principal shall fail
to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during
this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above
obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any
obligation of Principal remains.
Whenever Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the
City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option:
Complete the Agreement in accordance with its terms and conditions; or
Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination
by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City,
and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of
the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder,
the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall mean the total
amount payable to Principal by the City under the Agreement and any modifications thereto, less the amount previously
properly paid by the City to Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment
of its obligations in the event of default by Principal.
Surety shall not utilize Principal in completing the Work nor shall Surety accept a bid from Principal for completion of the Work
if the City, when declaring Principal in default, notifies Surety of the City's objection to Principal's further participation in the completion
of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or
the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Agreement or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Agreement or to the Work or to the specifications.
No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder whose claim may be
unsatisfied.
Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement
of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by Principal and Surety above named, on June 7
20XX. 22
(SEAL) (SEAL)
Developer Yunex LLC Fidelity and Deposit Company of Maryland
(Principal) _ (Surety)
BY:
Signa` lure ame, tie , Annette Audinot, Attorney -in -Fact
(S (Signature)
IQ(�� t RYA L Address: 1299 Zurich Way, 5th Floor
Schaumburg, IL 60196-1056
(Seal and Notarial Acknowledgment of Surety) Telephone ( 847)605-6000
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 '\i[l�( )
County of
On -'�
personally appeared � k, )IN X 1 UO .I
who proved to me on the basis of satisfactory evidence to be the personko whose
name(,syis/.a.re-subscribed to the within instrument and acknowledged to me that
he/s-heAbey executed the same in his/h4ar4tfteir authorized capacity(ies); and that by
his/her-/44heir signature-) on the instrument the person{', 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 ha an official seal. CaNl;Ace GALLAHER
` Nota,y P,bilc - California
Riverside County n
F Co --mission it 2300629
No ry Public Signatur� (Notary Public Seal)
My Co—, Expires Aug 8, 2023
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with cut•rent California statues regarding notai)• wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, 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
(Title or description of attached document) • 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
(Title or description of attached document continued) 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
Number of Pages 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 • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/sheViey—, is /are) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer . 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
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date.
El other the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the trtte Q.e. CEO, CFO, Secretary).
2015 Version wwv: Noiwr Classes com 800-873-93635 • Securely attach this document to the signed document with a staple.
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 New Jersey
County of
Morris
On June 7, 2022 before me, Kristin S. Bender , Notary Public
(Here insert name an,.J tit e of the o seer)
personally appeared Annette Audinot
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/.-" subscribed to the within instrument and acknowledged to me that
4e/she/#stay executed the same in hWher/th& authorized capacity(ies), and that by
4Wher/t#e-ir 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.
KRISTIN 5, BENDER
WITNESS my hand and official seal. NOTARY PUBLICOFNEI JERSEY
Commission # 2343756
Iwy Commission Expires 4/2112026
Nota ublic igna ure (Notary Public Seal)
. My Commission Expires: April 21, 2026
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This farm complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknostdedgments
from other states may be completed for documents being sear to that state so long
as the wording does not require the California notary to violate California notary
hnv-
(Title or description of attached document) _ . 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
(Title or description of attached document continued) 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
Number of Pages 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 • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she't#tey- is /are ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • 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
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
El Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
0 Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Other
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
ffA: th ' I ' CEO CFO S
corporate oicer, n lcate a trt a (t.e. , ecretary).
2015 Version www Notary Classes con, 800-073.9865 • Securely attach this document to the signed document with a staple.
ZURICII AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELPTY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: "That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Annette Audinot , its true and lawful
agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds
and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland,, and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons,
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 nth clay of July, A.D. 2019.
"�y tN6L m
RAL
+ 67r��.r�„s•h��� a A��.
ATTEST:
ZURICII AMERICAN INSURANCE, COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 1 nth day of July, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Conmpany aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time.
CERTIFICATE
I, the undersigned, Vice President of the ZURICI-I AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th clay of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 7th clay of June > 2022
C�WMt�,
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE, DESCRIPTION
OFTHE CLAIM INCLUDING THE PRINCIPAL ONTHE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.ret)ortsfelaiins(&,zurichna.com
800-626-4577
THE FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
1299 Zurich Way Schaumburg, IL 60196
Statement of Financial Condition
As Of December 31,, 202.1
ASSETS
Bonds....................................................... ...................... ............................................. ...................... $ 237,467,504
Stocks............................................................................................................................................... 18,985,762
Cash and Short -Term Investments .................................................................................. ... 7,415,852
Reinsurance Recoverable ........... .:.................. ,............. ...... ...................... ................ ,.... ,,................. 25,735,324
Federal Income Tax Recoverable...................................................................... 0
Other Accounts Receivable ................. ................................................................................. ........... 241,479,233
TOTAL ADMITTED ASSETS ......................... .............. . ............................... $ 314,083,675
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses ., ., .., .., .. ............... $ 378,101
Ceded Reinsurance Premiums Payable..; 48,876,599
Remittances and Items Unallocated.,..,.............................................................
Payable to parents, subs and affiliates .... ................... 0
Securities Lending Collateral Liability......................................................................................... 0
TOTAL LIABILITIES ......................................,.......,,...,..,..,................................ .,.. ......... $ 49,254,700
CapitalStock, Paid Up........................................................................................ $ 5,000,000
Surplus............................................ ...................................................................... 264,828,975
Surplusas regards Policyholders.................................................................. ............................... 264,828,975
TOTAL............. I ....... ..,................ ....1....... I ........................ .....................,.................................. $ 314,083,675
Securities carried at $78,561,855 in the above statement are deposited with various states as required by law.
Securities carTied on the basis prescribed by the National Association of Insurance Commissioners, On the basis of
market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2021 would
be $319,561,762 and surplus as regards policyholders $270,307,062.
1, LAURA J. LAZARCZYK, Corporate Secretary of the FIDELITY AND DE1'OSI'1' COMPANY OF MARYLAND, do
hereby certify thatthe foregoing statement is a -correct exhibit ofthe, assets and liabilities of the said Company on the
31st day of December, 2021.
00cusigned by;
Corporate seoreu-ay
a�eFsosnr9at.ra ...
State of Ill inois
City of Schaumburg SS.
Subscribed and sworn to, before mc„ a Notary Public of the State of Illinois, is the City of Schaumburg this 15"' day of March, 2022,
RYAN H(J[WAN r jU
i9P�irlal soal
1lU%?1i j' iaUtShd . !hate of Illinois No�m7 Public
�1y, r,uf trai3slbn ltxptres Doc lo, 2024 -'
ATTACHMENT B
ADDENDUM 2 Bond No. 9403717
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and Yunex LLC (hereinafter designated as "Principal") have entered into
an agreement (the "Agreement") whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds
(the "Work"), which said agreement, dated , June Vh 2022, and titled as "Agreement to Perform Non -Professional Services for Im-
provement to Public Builds and Grounds" is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required, before commencing the performance of the Work, to file a
good and sufficient Labor and Material bond with the City to secure the claims to which reference is made in Title 3 (commencing with
Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California;
Now, therefore, Principal and the undersigned, as Surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, material men, and other persons employed in the performance of the Agreement and referred to in the aforesaid Civil Code the
sum of One Million Two Hundred Thousand & 00/100 Dollars ($1,200,000.00) for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to the Work or labor, that said Surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face
amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully en-
forcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein ren-
dered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this
obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement
or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by Principal and Surety above named, on
June 7 , 20XX. 22
(SEAL) (SEAL)
Developer Yunex LLC Fidelity and Deposit Company of Maryland
(Principal) (Surety)
BY:
(Signature Mk'7'V()
(Signature) Annette Audinot, Attorney -in -Fact
Address:1299 Zurich Way, 5th Floor
Schaumburg, IL 60196-1056
Telephone( 847) 605-6000
(Seal and
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 N-\'� 1 a
County of�
On A MQ q-� i2taT�- before me,�
- l` , Notary Public
e insert name ana rulem of e onicert
personally appeared Cr"t er_
who proved to me on the basis of satisfactory evidence to be the person-(*, whose
name(el is/af--e-subscribed to the within instrument and acknowledged to me that
he/s,W4ley executed the same in his/heratheir-authorized capacity(js}, and that by
his/hgwJthej.r_signature(s)-on the instrument the person-*, or the entity upon behalf of
which the person(p)-acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
W THE S my hand and,offipial seal.
�L I
No Public Signatur
CANDACE GALLAHER
Notary Public - California
ic Riverside County
Commission : 2300629
My Comm. Expires Aug 8, 2023
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statiutes regarding notarj- x,ording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments
front other states may be completed jar documents being sent to that state so long
as the wording does not require the California notary to violate California notary
_ law.
(Title or description of attached document) • 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
(Title or description of attached document continued) 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
Number of Pages 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 • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
#e/she/they- is /ere ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer ■ The notary seal impression must be clear and photographically reproducible.
f Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title] sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact a Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other +• Indicate title or type of attached document, number of pages and date.
❑ ay Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title p.e. CEO, CFO, Secretary).
2015 Version www Notaf-yClasses com 800-573-93135 • Securely attach this document to the signed document with a staple.
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- New Jersey
County of
Q rl June 7, 2022
Morris
before me,. Kristin S. Bender Notary Public
(Here insert name and tit.e of the officer)
personally appeared Annette Audinot
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/ar-e subscribed to the within instrument and acknowledged to me that
he/she/#hey executed the same in his/her/thlak authorized capacity(ies), and that by
hWher/th-eir 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.
ENOTARY
RISTIN S. BENDER
WITNESS m hand and official seal. PUBLIC OF NEWJERSEY
Y mmission # 2343758mmission Expires 4/21/2026
Notary Fjublic Si nature (Notary Public Seal)
My Commission Expires: Aril 21, 2026
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETTMG THIS FORINI
This farm complies with current California statutes regarding notary wording;ind,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document ,4cknoivledgments
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
la}r
(Title or description of attached document) - • 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
(Title or description of attached document continued) 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
Number of Pages 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 • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/t#rey-,- is /are ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • 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
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
0 Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other 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).
2015 Version vrAw NotaryClasses Co,-TI 800-87 986E, Securely attach this document to the signed document with a staple.
ZURICII AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in frill force and effect on the date hereof, do hereby nominate,
constitute, and appoint Annette Audlnot , its true and lawful
agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds
and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICFI AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 I th clay of July, A.D. 2019.
s�G� O's
•u,d�P�v.+��a.oa1tirt'*+o9�i94.ard°o_,iS,'dLd�ram�ot*-
SA
G �
ATTEST:
ZUI2ICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this I Ith day Of.Iuly, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Pact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICII AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th clay of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WIIEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 7th day of June , 2022
io
i
0;,"!,
®R;�Lo��
Brian M. Hodges, Vice President
TO REPORT A CLAIM WIT'll REGARD TO A SURETY BONI), PLEASE SUBMIT A COMPLETE DESCRIPTION
OF TIIE CLAIM INCLUDING 111E PRINCIPAL ON IME BONI), THE BOND NUMBER, AND YOUR CONTACT'
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reoortsfelaims a,zw•ichna.com
800-626-4577
TILT FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
1299 Zurich Way Schaumburg, IL 60196
Statement of Financial Condition
As Of December 31, 2021.
ASSETS
Bonds.......................................................................................................................................... $ 237,467,504
Stocks............................................................................................................................................... 18,985,762
Cashand Shot•t-"Perm Investments................................................................................................... 7,415,852
ReinsuranceRecoverable......................................................... .......... ........ ............................. ....... 25,735,324
Federal Income Tax Recoverable.............................................,..,......,....,...,.,.................................. 0
Other Accounts Receivable............ ... . ........................... .. ..... . .......... ...................... 24,479,233
TOTAL ADMITT'CD ASSETS........ ......I............I............................................................ $ 314,083,675
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses . . .................... $ 378,101
Ceded Reinsurance Premiums Payable ................................................. ............ 48,876,599
Remittancesand Items Unallocated.,..,................................................................... ..................... 0
Payable to parents, subs and .......................................................................................... 0
Securities Lending Collateral Liability.......................................,..........,.......................................... 0
TOTAL LIABILITIES . ...............,....,....,................................ $ 49,254,700
Capital Stock, Paid Up ......................................................... $ 5,000,000
Surplus.........................................................:....................................................... 264,828,975
Surplus as regards Policyholders, 264,828,975
TOTAL ... , .... ., ...... .......... . ..... . .......... $ 314,083,675
Securities carried at $78,561,855 in the above statement are deposited with various states as required by law.
Securities calTied on the basis prescribed by the National Association of Insurance Commissioners, On the. basis of
market quotations foi• all bonds and stocks owned, the Company's total admitted assets at December 31, 2021 would
be $319,561,762 and surplus as regards policyholders $270,307,062,
1, LAURA J. LAZARCZYK, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do
hereby certify that the foregoing statement.is a correct exhibit of the Assets and liabilities of the said Company on the
31st day of December, 2021.
DooUsinned by:
(au1�a 9' (agar" -
6F0B13471374BO ...
colporule Secre=lcn3;
State of Cllinois
City of Schaumburg SS:
Subscribed and sworn to, hol'oro me, a Notary PUMO of thaStatc of 111inois, in the City of Scheuniburg;'this 1511' day of March, 2022.
r
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EXHIBIT "C"
PRICE AND FEE BID
A -- ROUTINE PREVENTATIVE MAINTENANCE
ITEM
DESCRIP"fION
EST.
ANNUAL
- O UNIT E
F
UNIT PRICE
TOTAL
QUANTITY
MEASURE
PRICE
1: outine Preventative Maintenance of
y----
Al
Traffic Signal System performed at each
288
EA
S 9�.00
$ 26,7a4.00
intersection (Includes all items listed in
Scope of Services
$ 8.50
$ 1,224.00
A2
131 Annual night inspection of Safety
144
EA
AS
...Lighting
Routine Preventative Maintenance of _
—17
lighted crosswalks stems
EA
$ 56.00
952.00
TOTAL FOR ITEMS Al THROUGH A3
$28.960.00
B — EXTRAORDINARY MAINTENANCE
EST.
ITEM
DESCRIPTION
ANNUAL
UNIT OF
MEASURE
UNIT PRICE
TOTAL
PRICE
Replacement of inoperable
€ U, QUANTITY
_
$ ss_oo
B1
EA
$ 34d.o0
incandescent safe! lights
--
S eQo pD
62
Replacement of inoperable LED safety
10
EA
$ b,004.410
lights
BS
Replacement of missing or damaged
5
-
visors
l A
S 93_4D
$ 4b5.00
64
Replacement of reflective street name
sin anel
EA
9o_ora
$450400
—
Replacement oPstandard loop detector
136
with Type `E" 6' diameter traffic loop.
5
including saw -cut lead-in and cable
EA
S 590_ea
$ 2,950.00
splicing with hot melt sealant
B6
Replacement of inoperable LED vehicle
lamp assembly — ball indication
Sig
EA
$105.00
$_3,150.00
B7
Replacement of inoperable LED vehicle
30
EA
$i05.on
$ 3,150.00
lam assembly —Arrow indication
88
Replacement of countdown signal
pedestrian LED Module
15
EA$
7sp.{30
$ 2,zoo-nc
B9
New P.P.B, symbol sign current p®r
6
EA
$ 50.00
$ 300.00
state standard
1310
Conflict monitor testing (Field & Bench)
72
EA
.
8 60.40
$4,320-00
nil Replacement of batteries for battery 4U EA $ 350.00
$ 14,000.00
back-upsystem
-
$ 3T825X0
TOTAL FOR ITEMS 131 THROUC,H 1311
24
L:Wa djmlAgreements\Yunex LLC Agreement.NPS-2.2.FY21-0103,docx jn
C. Labor and Equipment
ITEM
�u....,_..„_ DESCRIPTION
EST- UNIT ❑F UNIT PRICE
QUANTITY MEASURE
TOTAL
PRICE
C1
I Minimum Cal Out labor charge
1 LA 6 S225.00
i
225-00
C2
Holiday Rate
1
Hourly
16a.p0
165.00 �
-
165.00
C3
signal Maintenance Superintendent or Su orvisor
1
Hourly
y
115.pp
� 115.00
---
C4
Traffic Signal Technician Level 11
1
1
Hourly
15112.00
$112.0C
C5
Traffic Signal Technician Level Ili
Hourly
5112.00
$112-00
CS
C7
MainterianceElectrician
1
1
Hourly
Hourly
$11z.po
$ 75.00
g11200
outdoor Lighting Technician
$ 75.00
CB
Bench Technician
9
Hourly
$112.00
$112.00
C9
Communications Maintenance
Technician
1
Hourly
$111.00
-�
$111.0c
CIO
Laborer
1
Hourly
$1as,ob
$105.00
011
Service/Pick-up Truck
1
Hourly
$ 25.00
$ 25.00
C12
Compressor
1
hourly
$1.00
p $ 1.00
C13
Aerial Truck
7
Hourly
$ 84.p0
$300
TOTAL FOR ITEMS CI THlROIU 0H C13
130s.00
GRAND TOTALS
A I Annual Routine Pravenlative Maintenance
EKtravrdinary Vlninwranpa
Labor and Equipment
TOTALS FOR A,13, C
g ze,�S4,sro
� 37,025.r►0
$ 1305,00
$ re,ugu.ao'
' OVE,ti[!ie Ee Premium Time Hourly Rates aro RAW on the following page
25
L:1ca1djmlAgreementsWunex LLC Agreement.NPS-2.2.FY21-0103.docxjn
C. Labor & Equipment
TiEhR DES
C3 Sign
C4 Traf
CS I Trait
C6 Mai€
C7 OIJ13
Co Beni
C9 0nm
C10 Lahc
CRIPiION
UNIT OF
MEASURE
OVERUME
RATE
PREMIUfu AnME
RATE
a] Meinte- pmce Superintendeiii or 5up.isor
Hourly
_
$144.00
$173.00
ic Signal Technidan Level H
Hourly
$139.(10
$165,00
'it Stgna1 Technician Level W
Hourly
$139.00
$T65.00' -
tienanoe Ele[t6dari
Hourly
$139.00
5165.%
tsor Linhtino Technician
Hourly
$93.01)
5112.00
h Trchnirian
Hourly
$139.00
$165.00
municationsMeintenanceTechnician
HWriy
$143.00
$174no
Bret
Hourly
5147.00
$147.00
Regular, Overtime, and Premium time explanation:
Regular Hours;. Monday thnA Friday (excluding holidays) from 7:30am to 4:00pm,
> Overtime Hours: Monday thru Friday after these work hours forthe first four straight hours on
any job as well as Saturday for the initial 8 working hours.
r Pr
emilim Hours; Monday thru 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 12:00arn until the next morning at 7:30arr-t.
26
L:IcaldjmlAgreementslYunex LLC Agreement.NPS--2.2.FY21-0103.docx.jn
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
+� I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
cormmencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all tinges, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, iinrnediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
YUNEX, LLC
Date:
Michael t�hens, Operations Manager
27
LAca1djmlAgreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docxjn