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HomeMy WebLinkAboutYunex Traffic - 2022-07-05 / 2000 Main Street, r Huntington Beach, CA 92648 City of Huntington Beach /gPP,Q7VE7> 7­0 °ten.om File #: 22-555 MEETING DATE: 7/5/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Robert Stachelski, Transportation Manager Subject: Authorize execution of a Multi-Year Contract with Yunex Traffic for Streetlight Maintenance Services Statement of Issue: Since acquiring approximately 11,000 streetlights from Southern California Edison (SCE) in 2017, the City retained the services of a contractor to maintain the streetlights. The multi-year streetlight maintenance agreement expired this year, and a formal maintenance agreement selection process was completed to initiate a new multi-year contract. Staff recommends awarding the contract to recommended firm, Yunex Traffic. Financial Impact: Sufficient funds in General Funds and Prop 42 are budgeted annually in the Public Works operating budget to cover routine and extraordinary maintenance of the streetlights. No additional funding is requested at this time. Recommended Action: Authorize the execution of"Service Agreement Between the City of Huntington Beach and Yunex Traffic for Streetlight Maintenance Services," a multi-year contract for streetlight maintenance services. Alternative Action(s): Do not approve the recommended contract with Yunex, and direct staff accordingly. Analysis: In 2013, the City acquired 10,955 streetlights from SCE and selected Siemens Industries to provide on-going maintenance service, in addition to the retrofit of all lights using LED fixtures. This five year contract with Siemens expired in 2022. Staff performed a competitive process to select a contractor to provide streetlight maintenance services. City of Huntington Beach Page 1 of 2 Printed on 6/30/2022 powereteA LegistarTM File #: 22-555 MEETING DATE: 7/5/2022 Four contractors who submitted proposals met the basic qualifications described in the RFP: 1. Bear Electric Solutions 2. City Light & Power 3. St. Francis Electric 4. Yunex Traffic Following a rigorous evaluation process, staff recommends awarding a multi-year contract to Yunex Traffic to provide streetlight maintenance services for the City. This recommendation was based on Yunex's qualifications, company resources, and overall costs. Yunex is part of Siemens' overall corporate structure. As such, the City will be able to maintain the same team that had been providing quality services under the prior contract and is familiar with our streetlight system. Yunex also proposed the lowest monthly maintenance cost and the second lowest for extraordinary maintenance. Given the Yunex team's knowledge of the City's streetlight infrastructure, positive past experience providing maintenance to the City, as well as their competitive maintenance pricing, staff recommends awarding the contract to Yunex. The recommended contract with Yunex is for a term of three years with two additional one-year options. The contract does not contain a maximum total value due to the variation in potential costs over the term of the contract. However, based on trends over the past 5 years, typical annual expenditures of approximately $350,000 are expected. Sufficient funds in General Funds and Prop 42 are budgeted annually to cover these typical expenditures as well as any extraordinary repairs. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Maintenance Contract with Yunex Traffic City of Huntington Beach Page 2 of 2 Printed on 6/30/2022 powered Legistar- SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND YUNEX TRAFFIC FOR STREETLIGHT MAINTENANCE SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and Yunex Traffic, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of streetlight maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Michael Hutchins, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 22-11325/283591 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit`B." b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit`B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commend, _�Si��or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate three years from commencement date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11325/283591 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-11325/283591 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended,voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 22-11325/283591 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-11325/283591 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove)or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Yunex Traffic Attn: Director of Public Works Attn: Michael Hutchins 2000 Main Street 2240 Business Way Huntington Beach, CA 92648 Riverside, CA 92501 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11325/283591 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions,and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid,such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 22-11325/283591 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age,national origin,ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,training,utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation,performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses,permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals,waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-11325/283591 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11325/283591 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a YUNEX TRAFFIC municipal corporation of the State of California By. teven M. Te Jr Mayor Director of Service Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By. INITIATED AND APPROVED: mt name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works Michael J. Hutchens Operations Manager APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 22-11325/283591 10 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a YUNEX TRAFFIC mun* al corporation of the Sta e of up Calif is By: *Steven M. Teal, Jr. Director of Service Mayor Print name � Q�� ITS: (circle one)Chairman/President/ Vice President 7 City Clerk �'�3 22 f�$ r` �-B� INITIA ED AND APP OVED: F int name ITS: (cZeone) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of cs *Michael J. Hutchens, Operations Manager APPROVED AS TO FORM: -City Att RE W AND APP OVE Cit an *See attached Delegation of Signatory Authority COUNTERPART 22-11325/283591 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City of Huntington Beach desires to retain a qualified firm to provide streetlight maintenance services for 10,955 streetlights in the City. Generally, the services will include maintenance of existing lights, response to emergency service needs and repairs, maintain an inventory of all lights and repairs, perform extraordinary maintenance services (e.g. light and pole replacements due to knockdowns or other damage, electrical repairs). B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: a) Maintenance—maintain 10,955 streetlights for up to five years. The contract will be for a 3 year term with 2 optional 1 year extensions. The streetlight maintenance service provider shall: i) Possess a valid California State Contractor's C-10 license throughout the contract term, including extensions, if any, and shall be experienced performing similar services of similar scope for other public agencies. ii) Provide the necessary equipment, personnel, and infrastructure to maintain the City's approximately 10,955 streetlights throughout the contract term. iii) Provide and administer a customer service center including, at a minimum, a toll free phone number and website to allow the City and general public to report any streetlight issues (e.g. outages, knockdowns, etc.). iv) Have qualified and experienced personnel and equipment available to respond to non- emergency reports of streetlight outages and diagnose and/or repair the malfunction within 3 working days, unless the degree of repair dictates an alternative schedule to be coordinated and approved by the City on a case-by-case basis v) Provide qualified and experienced personnel and equipment for 24-hour on- call/stand-by personnel to respond to emergency conditions. Personnel must be able to respond on-site to all emergency call outs within 45 minutes. The contractor must provide a consistent, reliable, means of contacting stand-by personnel through the City's Police Department dispatch center. General circuit outages and individual streetlight burnouts generally would not constitute an emergency except under extenuating circumstances. Examples of typical emergency response items include: (1) Streetlight knockdowns (estimated 50 per year) (2) Exposed or damaged wires that constitute a danger to the public as determined by responding emergency staff(e.g. Police) (3) Equipment damage that may pose an immediate public danger (e.g. broken and hanging luminaire/mast arm),overhead wiring, etc. Surfnet Exhibit A vi) Format data and update the City's GIS mapping system, including unique identifiers of each asset attribute of the lighting system in a form that is acceptable by the City. vii)Provide an online work order management system that allows the City and the general public to remotely check on the status of their service requests, download historical maintenance reports, and view GIS data on a secure website portal. viii) Have or establish within sixty (60) days of award of contract, adequate shop and storage facilities within 60 miles of Huntington Beach. ix) Provide additional maintenance services including: (1) Assist the City in processing claims for damage caused by other parties (e.g. insurance claims and restitution) by providing an itemized list of all relevant information regarding damages and repair costs as needed to process claims. (2) Quarterly street light system reviews and reports, including a summary of all system activities and a semi-annual review of all street light operations (night check). (3) Respond to and abate graffiti on all street light components (4) Coordinate electrical service repairs/restoration with SCE (5) Repair/restore all City-owned electrical service malfunctions, component damage, etc. for those lights being serviced (6) Replace all damaged pull-box covers (7) Replace missing pole hand hole covers and repair damaged hand hole covers as needed (8) Replace pole identification tags as needed (9) Annual painting of portion of metal poles (assume 10 per year) based on City approved priority (10) Submit request for house side shields to the City for review; and furnish and install shields as authorized by the City (assume 10 per year) (11) Respond to all Underground Service Alert (Dig Alert) requests and provide appropriate facility marking for all City-owned underground streetlight components in accordance with applicable guidelines. (12) Complete all repairs/replacement of equipment as needed to restore street lights in cases of a knockdown. Contractor is expected to maintain an inventory of poles, fixtures and other appurtenances to complete repairs in a timely and expeditious manner (within 10 working days unless otherwise approved by the City). a) Install replacement luminaires. Provide all necessary equipment, hardware, adapters, and any other materials necessary for a quality installation. Ensure installation quality, compliance with project schedule and proper disposal and/or recycling of old fixtures. Surfnet Exhibit A b) The contractor shall coordinate meetings with the City to review installation, work safety, public safety, and waste material handling procedures and requirements. c) Contractor shall provide quality assurance staff to inspect final work and correct any "punch list" items identified. The quality assurance staff shall coordinate with City staff to ensure that appropriate inspection procedures are followed and all repair items are documented and forwarded to the City. Should it become evident that common errors are being made routinely as part of the installation,the contractor shall notify the City (or the City the contractor if City identified) of the issue and the contractor shall develop a plan for addressing the issue. d) Coordinate and attend regular meetings with City staff to review outstanding issues and work orders, and discuss any billing or contract management issues (typically bi-weekly). a. Provide all administrative services for the warranty enforcement for all fixtures including photo cells on behalf of the City. Services shall include review of all malfunctions for warranty related problems, manufacturer contact, processing/rectifying warranty remedy, negotiate remedy with manufacturer (with City input as needed), and maintaining appropriate records for components to preserve warranty terms. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Review and authorize, at the City's discretion, all extraordinary services. 2. Process payment of invoices in a timely manner D. WORK PROGRAM/PROJECT SCHEDULE: Surfnet Exhibit A EXHIBIT B Y U N = X TRAFFIC A Siemens Business Appendix C —Schedule of Values—Unit Costs Item I Description Unit Cost The following 4 sections relate to the standard monthly maintenance which includes all"base service" items and only excludes items identified as"extraordinary services". Service includes: • 24-hr emergency response • Maintenance of call center and streetlight maintenance database • Response to contacts from the City, residents, businesses,SCE regarding any issues with City- owned street lighting • Initial assessment, minor repairs (e.g.fuse replacement, photocell replacement) • Preparation of estimate and description of additional work needed as "extraordinary work" • Equipment costs for performing routine responses • Coordination with SCE and the City to complete necessary repairs or modifications to restore street lighting service(e.g.SCE service repair,City street tree trimming) • All costs associated with acquisition of appropriate permits from Caltrans for maintenance of streetlights within PCH and Beach Boulevard rights-of-way and working within Caltrans rights- of-way Costs for street light maintenance for a $0.98 1 Monthly streetlight standard pole,arm and fixture /location/month maintenance—standard configuration including both overhead and fixture pole underground fed circuits. Approximately 10,900 poles Costs for street light maintenance for a $0.98 dual fixture decorative pole (confined to /location/month 2 Monthly streetlight properties along Beach Boulevard and maintenance—green Edinger Avenue,with some minor decorative poles installations on adjoining cross streets). Approximately 33 poles. Repair paint will be furnished by the City. Costs for street light maintenance for $0.98 3 Monthly streetlight lantern style streetlights. These poles are /location/month maintenance—Lantern confined to an area on Saddleback Lane style poles and Quarterhorse Lane and adjoining streets. Approximately 17 poles/fixtures. 4 Monthly streetlight Costs for streetlight maintenance of $ 0.98 maintenance—Pole top decorative pole top acorn fixture poles. /location/month acorn fixture Approximately 11 poles/fixtures. YUv = X TRAFFIC A Siemens Business The following section includes items that would typically be considered extraordinary repairs or costs for replacement of individual elements of the system where the material cost of the element would not be considered "routine". Item Description Unit Cost Purchase and installation of a new LED fixture. Quote can include a base,stated 5 LED Fixture Replacement assumption for fixture price(based on most $385.00 common fixture 19 or 24 watt Leotek), plus /fixture standard costs for equipment, labor and ancillary materials needed for installation. House side shield Standard price for hardware and $130.00 6 installation installation including all labor and /item equipment Cost per foot to splice in or repair 7 Duplex wire replacement overhead, duplex wiring. Typical range is $15.00 and splicing 10 ft to 300 ft including all labor and /foot equipment to complete repair. Cost for providing a replacement photocell. $65.00 8 Photocell replacement Exclude labor as included in typical /item standard service response. Includes cost per response for any amount 9 Pole graffiti abatement over 4 sq ft(4 sq ft and below to be $235.00 included in standard service). /case Approximately 5 per year. Cost of labor and materials to purchase, $315.00 10 Pull box lid replacement supply and replace a pull box lid with a /lid fiberlyte lid due to damage or missing lid Assume replacement of entire 1C128 pole, arm,fixture and photocell,including all wiring and fusing, labor, materials and $6,450.00 11 Pole replacement—no equipment. Individual quote to be /pole foundation provided for each replacement under contract to allow for minor variances in pole type,fixture, luminaire arm length, etc. Same as above, but also requiring the 12 Pole replacement— removal of the existing foundation, $ 9,650.00 including foundation installation of a new foundation and full /pole replacement of the pole. 13 Replace/install Pole Provide and install a new or replacement $54.00 Identification Tag identification tag /item Proposed annual cost adjustment basis/rate: Based on Consumer Price Index(CPI)at the time of renewal request. THIS DELEGATION ONLY APPLIES TO YUNEX, LLC. ALL CONTRACTS, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOCUMENTS TO BE SIGNED ON BEHALF OF SIEMENS MOBILITY, INC. MUST BE SIGNED BY RODNEY MATHIS AND DIRK RAUBER WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT RODNEY MATHIS AND CFO DIRK RAUBER YUNEX, LLC. A. The undersigned Rodney Mathis, President and Dirk Rauber, CFO of the Yunex, LLC. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $3 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Jaskaran Dhiman Singh Mana er, Procurement B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation,the same documents as referenced in paragraph A, up to and including a transactional limit of$1,500,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Michael Gaertner Anchal Bansal Director, PLM/R&D Commercial Manager, Service Goutham Lingannagan Craig Debevoise Head of Bids & Projects Commercial Manager, Products Nils Soyke Manuel Guio Villarreal Project Manager Commercial Project Manager Steve Teal Marina Bergman Director, Service Commercial Manager, Projects Jon Ringler Harlan Seagren V.P. Sales Controller/Head of Accounting John Cane V.P. Operations C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation,the same documents as referenced in paragraph A, up to and including a transactional limit of$500,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. Page 1 of 3 Restricted AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Michael Hutchens James Barker Operations Manager Commercial Project Manager Venkatesh Jadhav Claudia Thiele Project Manager Commercial Project Manager Gary Kochetkov Project Manager Sari Mahli Project Manager Scott McCarthy Material Manager Del Nichols Project Manager Carlota Oteyza Hafner Project Manager Clint Schuckel Operations Manager Mejosh Thomas Project Manager William Tucker Operations Manager Jingcheng Wu Technical Project Manager D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of$100,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Ali Aga, Josh Spandiary Project Manager Commercial Service Manager Joshua Ferras Frank Werner Service Account Manager Commercial Service Manager Deana Flynn Peter Thomley Service Account Manager SCM Expert Michelle Flynn Service Account Manager Candace Gallaher Service Account Manager Diana Johnson Bid Manager Joshua Lippincott Service Account Manager Robert Paquette Sales Manager Jeffrey Pierce Service Account Manager Page 2 of 3 Restricted E. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. F. It is further acknowledged that any delegate's authority extends only to the scope and extent of the delegate's respective job responsibilities. For instance, a project manager's delegation extends only to the limits described herein and only to the project(s) for which the delegate has responsibility. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions,whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. J. Any prior versions of this Delegation of Authority policy are void. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said company, as of the 21 st day of February 2022. M ,Rodney athis DNi cnll=Mathis Rodneylc DE, o=8iem Rodney email-rodney mathis@siemens com Date:2022.02 21 10'.50'.13-06'00' Rodney Mathis President Yunex, LLC. Digitally signed by Rauber Dirk Date:2022.02.21 08:58:16-08'00' Dirk Rauber CFO Yunex, LLC. CERTIFICATE I, Pamela Brickner, certify that I am the Secretary of Yunex, LLC, that Rodney Mathis and Dirk Rauber who signed this agreement for this corporation, were then President and Managing Director USA and Managing Director Finance USA of this corporation; and this agreement was duly signed for and on behalf of this limited liability company by authority of its governing body and within the scope of its corporate powers. Witness my hand and seal of this corporation on this 21st day of February 2022. B rl c Cn e r Digitally signed by Brickner Pamela DN'cn=Bnckner Pamela,-DE. o=Blame B\/. pp 1;4 mall=pamela brickner@siemens com (COR SEAL) y q°e,X jo, SEAL '- 2021 Page 3 of 3 Restricted ' ' INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Public Works 2. Date: August 15, 2022 3. Name of contractor/permittee: Yunex LLC 4. Description of work to be performed: Maintenance services for streetlights 5. Value and length of contract: 3 years 6. Waiver/modification request: $25,000 deductible for property damage and $250 000 deductible for bodily iniury under General Liability policy, $1 000 deductible for Auto Liability policy. 7. Reason for request and why it should be granted: Yunex LLC has provided a financial statement that shows they are in good financial standing 8. Identify the risks to the City in approving this waiver/modification: Low, as Yunex LLC has adequate eguitv and line of credit to mi imize the Ci# 's risk epa m ea Signature DA e: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Of ce disagree. 1. Risk jWanagement r' El Approved ❑ Denied 010 f ,r—a.2 Sig ature Date 2. City Attorney's Office �pproved ❑ Denied ��'�•�... S-d� Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form 8/15/2022 12:43:00 PM i I <e DA7L(MMNIUIYYYy) f CERTIFICATE OF LIABILITY INSURANCE � 00115 022 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 'rHE CI:R'TIFICATE HOLDER.'rills CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,Subject to the terms and conditions of the policy,certain policies may require an ondorsement. A statement on this certificate does not confer rights to the Certificate holder In lieu of such endorsement s. C F PRODUCER A <. Marsh USA,Inc. PHONE FAX 9830 Colonnade Blvd,Suite 400 )' — (At c, oN l; San Antonio,TX 78230 noDnEss _ INSURERWAr'POnOINGCOVERAGE NAIC0 CN407144012-Shid-GAWUP-22.23 GAWP INSURER A:HDI Global Insurance Com ni _ 41343 INSURED INSURER B:Federal Insurance CoR an _ 20281 Ytinex LLC 9225 Bee Cave Road INSURER 0:HDI Global SE Building B,Suite 201 INSURER D: Austin,TX 70733 INSURER E: INSURER•: COVERAGES CERTIFICATE NUMBER: HOU•003940000.05 REVISION NUMBER: 7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE D S BR POLC NUMDER N % EFF ' LDIC EX LIMITS A X COMMERCIAL GENERAL LIABILITY GL05853500 0613a2022 1010112023 EACH OCCURRENCE $ 11000,000 DAMGE TO CLAIMS-MADE M OCCUR E CaocIUEI a $ 500'000 MEO EXp An one erton $ 10,000 i PERSONAL&ADV INJURY S 1001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X1 POLICY a ZoT ❑LOC PRODUCTS-COMPIOP AGO. $ 1,000,000 $ 1 OTHER: Ci ED I L L IT B AUTOM013ILFLIA9ILITY 73628813 0613012022 0613012023 ccrdan S 1,OOD,000 Ix ANY AUTO BODILYINJURY(Perperson)OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSPRER DAMAGEHIRED X NON•OWNEI Per aco� $ AUTOS ONLY AUTOS ONLY $ I t UMBRELLALIAD OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ) ED E E TIONS 12023 B WORKERS COMPENSATION 70441231 X T)TE E k AND EMPLOYERS'L)ADILITY YIN 11000,000 ANYPROPRIETORIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT S (. OFFICERJMEMBEREXCLUDED7 IN(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 j 9 I(yyees describe under E.L.DISEASE•POLICY LIMIT 1,000,000 pES�RI TION OF OPERATIONS below C Global Professional Indemnity 76640398.01014 0613012022 1010112023 Limit EUR 6,000,000 DEBORIPTtON OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addinonel Rornarks Schadols,may be aliscbed If raora space Is required) RE:STREETLIGHT MAINTENANCE PROPOSAL. THE CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL MG AUTO LIABILITY,COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. 1 CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DEPARTMENT OF PUBLIC WORKS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. HUNTINGTON BEACH,CA 92648 I AUTHORIZED REPRESENTATIVE 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) Tile ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD5853500 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered O erations THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS Information re uired to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part,by: 1. All work,including materials,parts or equipment 1. Your acts or omissions;or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The Insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law;and as a part of the same project, 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 3 of 4 POLICY NUMBER: GLD5853500 COMMERCIAL GENERAL CG 20 3712-f9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS., LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS Information required to com lete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional Insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury"or"property If coverage provided to the additional insured is damage"caused,in whole or in part,by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- 1. Required by the contract or agreement; or completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 37 12 19 POLICY NUMBER: GLD5853500 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary; primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 ' .• City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov FB•1)..1909.A� ` Office of the City Clerk Robin Estanislau, City Clerk August 29, 2022 Yunex Traffic Attn: Michael Hutchins 2240 Business Way Riverside, CA 92501 Dear Mr. Hutchins: Enclosed is a fully executed copy of Service Agreement between the City of Huntington Beach and Yunex Traffic for Streetlight Maintenance Services approved by City Council on July 5, 2022. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand