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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. LAca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 2 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.doex.jn 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. 4 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 6 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.doex.jn 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. 9 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 10 LAca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.ju • 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 11 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 12 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 13 L:\ca\djm\Agreements\Yunex LLC AgreementNPS-2.2.FY21-0103.docx.jn 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 14 L;\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 15 LAca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 16 LAca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 17 L;\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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 18 L:\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 19 L;\ca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 20 LAca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY21-0103.docx.jn 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. 21 LAca\djm\Agreements\Yunex LLC Agreement.NPS-2.2.FY2t-0103.doex.jn • 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 j 1AYAN I ORGAN '(3010r,l soal hl+�tinl y 11UEJ11� hate of Illinois �xp11'z3s 1)" 10, 2024 Nolmy Public ir1j7 tlUi�ar�d�stotl 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