Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
070 TS Greenwood School So. / (FL)
Date Completed: Wed, JUN/28/2023 09:00 Work Order #: 6100084845 Contract #: 2600072307 Description: TS GREENWOOD SCHOOL SO. / (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
033 TS Hay / Wilcox
Date Completed: Fri, JUN/30/2023 15:45 Work Order #: 6100086437 Contract #: 2600072307 Description: TS HAY / WILCOX
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
060 TS Howard / Beverly
Date Completed: Wed, JUN/28/2023 10:30 Work Order #: 6100086372 Contract #: 2600072307 Description: TS HOWARD / BEVERLY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Tue, JUN/27/2023 15:00 Work Order #: 5004315059 Debit Memo Req. 3802106072
Purchase Order: Montebello
Description: NWC ISNS & NEC S/L ARE B/O
Response: R/R 2-F72T22CW TUBES AT NWC ISNS.#R/R 1-150W HPS BULB AT NWC S/L.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 SL HPS 150W ( H133 ) 1 PC @ 50.91 per PC $ 50.91 $ 0.00 ISNS Repair (Relamp - 6') 2 PC @ 13.32 per PC $ 26.64 $ 0.00 Visit Total $ 217.20 $ 0.00
Siemens RCM CS Page 13 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Total $ 217.20 $ 59.59 $ 276.79
028 TS Howard / Lincoln
Date Completed: Mon, JUN/26/2023 10:30 Work Order #: 6100086280 Contract #: 2600072307 Description: TS HOWARD / LINCOLN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
055 TS Lincoln / Maple
Date Completed: Mon, JUN/26/2023 11:00 Work Order #: 6100086377 Contract #: 2600072307 Description: TS LINCOLN / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
034 TS Lincoln / Poplar
Date Completed: Wed, JUN/14/2023 11:00 Work Order #: 6100086274 Contract #: 2600072307 Description: TS LINCOLN / POPLAR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/14/2023 10:30 Work Order #: 5004314185 Debit Memo Req. 3802104790
Purchase Order: Montebello
Description: CHECK PED TIMING FOR INTERSECTION
Response: MET WITH CITY AND ASKED TO INCREASE PED D/W TIMES AT ALL PHASES AS
NEEDED PER STANDARD SPECS - IMPLEMENTED AND SIGNED OFF AS NEEDED AND FND OPS W/W OK.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 Visit Total $ 139.65 $ 0.00
Total $ 139.65 $ 59.59 $ 199.24
065 TS Lincoln / Sanchez (FL)
Date Completed: Mon, JUN/26/2023 12:30 Work Order #: 6100086341 Contract #: 2600072307 Description: TS LINCOLN / SANCHEZ (FL)
Response: PMCK
Siemens RCM CS Page 14 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Lincoln EB / Via Val Verde SFS
Date Completed: Mon, JUN/26/2023 14:00 Work Order #: 6100086335 Contract #: 2600072307 Description: TS LINCOLN EB / VIA VAL VERDE SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Lincoln WB / 18th St SFS
Date Completed: Mon, JUN/26/2023 13:00 Work Order #: 6100086328 Contract #: 2600072307 Description: TS LINCOLN WB / 18TH ST SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Lincoln WB / Donna Way SFS
Date Completed: Mon, JUN/26/2023 13:30 Work Order #: 6100086255 Contract #: 2600072307 Description: TS LINCOLN WB / DONNA WAY SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
031 TS Montebello / Cleveland
Date Completed: Thu, JUN/29/2023 10:00 Work Order #: 6100086302 Contract #: 2600072307 Description: TS MONTEBELLO / CLEVELAND
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Sun, JUN/11/2023 17:00 Work Order #: 5004313993 Debit Memo Req. 3802104831
Purchase Order: Montebello
Description: FLASH
Siemens RCM CS Page 15 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Response: FND CMU SHOWS CONFLICT CH7 AND CONTROLLER SHOWS BADA - PLACED
IN CAB FLASH AND CKD OPS - FND HAD TO REINITIALIZE AND PROGRAM
CONTROLLER PER CITY TIMING SHEET - RESET OPS AND FND ALL IS WORKING PROPERLY - OPS OK.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (PT) 3.000 H @ 162.75 per H $ 488.25 $ 0.00 SERVICE BUCKET TRUCK 3.000 H @ 29.40 per H $ 88.20 $ 0.00 Visit Total $ 576.45 $ 0.00
Total $ 576.45 $ 59.59 $ 636.04
032 TS Montebello / Driveway #1
Date Completed: Wed, JUN/14/2023 09:00 Work Order #: 6100086244 Contract #: 2600072307 Description: TS MONTEBELLO / DRIVEWAY #1
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/14/2023 14:00 Work Order #: 5004314184 Debit Memo Req. 3802104784
Purchase Order: Montebello
Description: PPB MISSING SWC EB
Response: CHECKED OPS FND HAD TO FOLLOW UP - MEETING PENDING IN CITY.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 3.500 H @ 110.25 per H $ 385.88 $ 0.00 SERVICE BUCKET TRUCK 3.500 H @ 29.40 per H $ 102.90 $ 0.00 Visit Total $ 488.78 $ 0.00
Date Completed: Wed, JUN/21/2023 09:00 Work Order #: 5004314622 Debit Memo Req. 3802105108
Purchase Order: Montebello
Description: CAMPBELL PPB SET UP WITH NEEDED VOICE
Response: SET UP AND PROGRAMED ALL PPBS AS NEEDED WITH CORRESPONDING VOICE RESPONSE - OPS CHECK OK.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 2.000 H @ 110.25 per H $ 220.50 $ 0.00 SERVICE BUCKET TRUCK 2.000 H @ 29.40 per H $ 58.80 $ 0.00 Visit Total $ 279.30 $ 0.00
Total $ 768.08 $ 59.59 $ 827.67
063 TS Montebello / Driveway #2
Date Completed: Wed, JUN/14/2023 08:30 Work Order #: 6100086293 Contract #: 2600072307 Description: TS MONTEBELLO / DRIVEWAY #2
Response: PMCK
Siemens RCM CS Page 16 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
026 TS Montebello / Jefferson
Date Completed: Fri, JUN/16/2023 08:00 Work Order #: 6100086251 Contract #: 2600072307 Description: TS MONTEBELLO / JEFFERSON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Mon, JUN/26/2023 14:00 Work Order #: 5004315047 Debit Memo Req. 3802106059
Purchase Order: Montebello
Description: SWC ISNS B/O
Response: T/S-FOUND NO POWER TO ISNS. TRACED WIRES TO P/B AND FOUND WIRE HAD POWER AT P/B BUT NOT AT H/H/C. PULLED ON WIRE AND IT IS BROKEN. WILL F/U TO REPLACE WIRES LATER.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 Visit Total $ 139.65 $ 0.00
Total $ 139.65 $ 59.59 $ 199.24
058 TS Montebello / La Merced
Date Completed: Thu, JUN/15/2023 13:30 Work Order #: 6100086232 Contract #: 2600072307 Description: TS MONTEBELLO / LA MERCED
Response: PMCK - R&R CAB FILTER#S
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 CAB FILTER 12x16x1" 1.000 @ 0.00 per PC $ 0.00 $ 0.00
Visit Total $ 0.00 $ 59.59
Date Completed: Thu, JUN/15/2023 13:00 Work Order #: 5004314219 Debit Memo Req. 3802104848
Purchase Order: Montebello
Description: I/S B/O
Response: CALL - I/S B/O. COULD NOT VERIFY CALL. OPS, WW.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 Siemens RCM CS Page 17 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Visit Total $ 139.65 $ 0.00
Date Completed: Mon, JUN/26/2023 15:00 Work Order #: 5004315048 Debit Memo Req. 3802106060
Purchase Order: Montebello
Description: NEC ISNS B/O
Response: R/R 3-F72T12CW TUBES, 1-DOUBLE BALLAST & .5-5AMPS GLASS FUSES AT NEC ISNS.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 ISNS Repair (Relamp - 6') 3 PC @ 13.32 per PC $ 39.96 $ 0.00 DOUBLE BALLAST 1 PC @ 65.49 per PC $ 65.49 $ 0.00
REPLACE FUSE 1 PC @ 10.00 per PC $ 10.00 $ 0.00
Visit Total $ 255.10 $ 0.00
Total $ 394.75 $ 59.59 $ 454.34
057 TS Montebello / Liberty
Date Completed: Fri, JUN/16/2023 07:30 Work Order #: 6100086191 Contract #: 2600072307 Description: TS MONTEBELLO / LIBERTY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
044 TS Montebello / Lincoln
Date Completed: Fri, JUN/16/2023 08:30 Work Order #: 6100086198 Contract #: 2600072307 Description: TS MONTEBELLO / LINCOLN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
059 TS Montebello / Madison
Date Completed: Fri, JUN/30/2023 14:20 Work Order #: 6100086192 Contract #: 2600072307 Description: TS MONTEBELLO / MADISON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
012 TS Montebello / Plaza Dr
Siemens RCM CS Page 18 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Date Completed: Wed, JUN/14/2023 07:30 Work Order #: 6100086193 Contract #: 2600072307 Description: TS MONTEBELLO / PLAZA DR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
047 TS Montebello / Truck Way
Date Completed: Thu, JUN/29/2023 14:00 Work Order #: 6100086268 Contract #: 2600072307 Description: TS MONTEBELLO / TRUCK WAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
027 TS Montebello / Victoria
Date Completed: Fri, JUN/16/2023 09:00 Work Order #: 6100086332 Contract #: 2600072307 Description: TS MONTEBELLO / VICTORIA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/28/2023 10:15 Work Order #: 5004315070 Debit Memo Req. 3802106073
Purchase Order: Montebello
Description: NEC ISNS B/SO
Response: INSTALLED FUSE HOLDER & 1-5AMPS GLASS FUSE. CHK OPS AND W/W.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 REPLACE FUSE HOLDER 1 PC @ 65.60 per PC $ 65.60 $ 0.00 REPLACE FUSE 1 PC @ 10.00 per PC $ 10.00 $ 0.00
Visit Total $ 215.25 $ 0.00
Total $ 215.25 $ 59.59 $ 274.84
066 TS Olympic / 4th Street (FL)
Date Completed: Wed, JUN/28/2023 08:30 Work Order #: 6100086228 Contract #: 2600072307 Description: TS OLYMPIC / 4TH STREET (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
Siemens RCM CS Page 19 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
014 TS Olympic / Greenwood
Date Completed: Fri, JUN/30/2023 14:40 Work Order #: 6100086246 Contract #: 2600072307 Description: TS OLYMPIC / GREENWOOD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Tue, JUN/06/2023 14:30 Work Order #: 5004313678 Debit Memo Req. 3802104847
Purchase Order: Montebello
Description: S/H HIT & TURNED
Response: VERIFIED. OBSERVED SE S/B VEHICLE AND PED SIGNAL HEAD HIT & TURNED.
REALIGNED AND RESECURED. REPAIRED GREEN & YELLOW VISORS AS NEEDED. MONITORED OPS. W/W.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 3.000 H @ 110.25 per H $ 330.75 $ 0.00 SERVICE BUCKET TRUCK 3.000 H @ 29.40 per H $ 88.20 $ 0.00 Visit Total $ 418.95 $ 0.00
Total $ 418.95 $ 59.59 $ 478.54
015 TS Olympic / Maple
Date Completed: Fri, JUN/30/2023 15:00 Work Order #: 6100086254 Contract #: 2600072307 Description: TS OLYMPIC / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Fri, JUN/23/2023 12:00 Work Order #: 5004314738 Debit Memo Req. 3802105354
Purchase Order: Montebello
Description: SEC ISNS B/O
Response: R/R 2-F72T12CW TUBES AT SEC ISNS.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 ISNS Repair (Relamp - 6') 2 PC @ 13.32 per PC $ 26.64 $ 0.00 Visit Total $ 166.29 $ 0.00
Total $ 166.29 $ 59.59 $ 225.88
Siemens RCM CS Page 20 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
013 TS Olympic / Montebello
Date Completed: Thu, JUN/29/2023 14:30 Work Order #: 6100086820 Contract #: 2600072307 Description: TS OLYMPIC / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Fri, JUN/23/2023 11:15 Work Order #: 5004314737 Debit Memo Req. 3802105360
Purchase Order: Montebello
Description: NWC S/L B/O
Response: R/R 1-200W HPS BULB AT NWC S/L.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 SL HPS 200W ( H137 ) 1 PC @ 33.20 per PC $ 33.20 $ 0.00 Visit Total $ 172.85 $ 0.00
Total $ 172.85 $ 59.59 $ 232.44
016 TS Olympic / Vail
Date Completed: Fri, JUN/30/2023 15:15 Work Order #: 6100086172 Contract #: 2600072307 Description: TS OLYMPIC / VAIL
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/21/2023 11:15 Work Order #: 5004314721 Debit Memo Req. 3802104930
Purchase Order: Montebello
Description: ALL S/L#S ARE B/O
Response: T/S-FOUND NO POWER TO POLES. TRACED BACK TO SERVICE AND FOUND 2 POLES 30 AMPS BREAKER TRIPPED. RESET BREAKER AND TESTED ALL S/L AND THEY ARE WORKING OK.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.500 H @ 110.25 per H $ 165.38 $ 0.00 SERVICE BUCKET TRUCK 1.500 H @ 29.40 per H $ 44.10 $ 0.00 Visit Total $ 209.48 $ 0.00
Total $ 209.48 $ 59.59 $ 269.07
TS Olympic EB / 4th St SFS
Date Completed: Wed, JUN/28/2023 08:15 Work Order #: 6100086158 Contract #: 2600072307 Description: TS OLYMPIC EB / 4TH ST SFS
Siemens RCM CS Page 21 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
048 TS Paramount / Montebello
Date Completed: Wed, JUN/14/2023 08:00 Work Order #: 6100086831 Contract #: 2600072307 Description: TS PARAMOUNT / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
041 TS Pomona / Findlay
Date Completed: Thu, JUN/29/2023 07:30 Work Order #: 6100086170 Contract #: 2600072307 Description: TS POMONA / FINDLAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Poplar NB / Lincoln SFS
Date Completed: Wed, JUN/21/2023 15:00 Work Order #: 6100086818 Contract #: 2600072307 Description: TS POPLAR NB / LINCOLN SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Poplar SB / Avenida La Merced SFS
Date Completed: Wed, JUN/21/2023 14:30 Work Order #: 6100086816 Contract #: 2600072307 Description: TS POPLAR SB / AVENIDA LA MERCED SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
050 TS Slauson / Chapin
Siemens RCM CS Page 22 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Date Completed: Mon, JUN/26/2023 10:40 Work Order #: 6100086811 Contract #: 2600072307 Description: TS SLAUSON / CHAPIN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Fri, JUN/23/2023 09:00 Work Order #: 5004314734 Debit Memo Req. 3802105306
Purchase Order: Montebello
Description: NWC ISNS B/O
Response: LOADED UP MATERIALS AT SHOP. T/S-FOUND BAD F72T12CW/HO TUBES. WILL F/U LATER WITH NEW TUBES.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 2.500 H @ 110.25 per H $ 275.63 $ 0.00 SERVICE BUCKET TRUCK 2.500 H @ 29.40 per H $ 73.50 $ 0.00 Visit Total $ 349.13 $ 0.00
Total $ 349.13 $ 59.59 $ 408.72
053 TS Telegraph / Greenwood
Date Completed: Tue, JUN/20/2023 13:30 Work Order #: 6100086206 Contract #: 2600072307 Description: TS TELEGRAPH / GREENWOOD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
054 TS Telegraph / Slauson
Date Completed: Mon, JUN/26/2023 11:00 Work Order #: 6100086291 Contract #: 2600072307 Description: TS TELEGRAPH / SLAUSON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Fri, JUN/23/2023 09:45 Work Order #: 5004314735 Debit Memo Req. 3802100635
Purchase Order: Montebello
Description: SWC ISNS B/O
Response: T/S-FOUND MISSING WIRES INSIDE POLE. WILL F/U LATER WITH NEW WIRES FROM H/H/C TO LB CONDUIT.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 Siemens RCM CS Page 23 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 Visit Total $ 139.65 $ 0.00
Total $ 139.65 $ 59.59 $ 199.24
071 TS Vail Avenue / Flotilla Street
Date Completed: Fri, JUN/30/2023 15:30 Work Order #: 6100086175 Contract #: 2600072307 Description: TS VAIL AVENUE / FLOTILLA STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
037 TS Via Campo / Findlay
Date Completed: Thu, JUN/29/2023 07:45 Work Order #: 6100086184 Contract #: 2600072307 Description: TS VIA CAMPO / FINDLAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
038 TS Via Campo / Garfield
Date Completed: Thu, JUN/29/2023 08:00 Work Order #: 6100086808 Contract #: 2600072307 Description: TS VIA CAMPO / GARFIELD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
020 TS Washington / Bluff
Date Completed: Mon, JUN/26/2023 12:00 Work Order #: 6100086806 Contract #: 2600072307 Description: TS WASHINGTON / BLUFF
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
022 TS Washington / Greenwood
Date Completed: Wed, JUN/21/2023 08:30 Work Order #: 6100086805 Contract #: 2600072307 Description: TS WASHINGTON / GREENWOOD
Response: PMCK
Siemens RCM CS Page 24 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/21/2023 09:45 Work Order #: 5004314218 Debit Memo Req. 3802105041
Purchase Order: Montebello
Description: S/L DAYBURN
Response: R/R 1 PEC AT SEC S/L.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 REPL PHOTOCELL 1 PC @ 14.01 per PC $ 14.01 $ 0.00
Visit Total $ 153.66 $ 0.00
Date Completed: Wed, JUN/28/2023 11:00 Work Order #: 5004315071 Debit Memo Req. 3802106074
Purchase Order: Montebello
Description: NEC ISNS B/O
Response: R/R2-F72T12CW TUBES AT NEC ISNS.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 ISNS Repair (Relamp - 6') 2 PC @ 13.32 per PC $ 26.64 $ 0.00 Visit Total $ 166.29 $ 0.00
Total $ 319.95 $ 59.59 $ 379.54
023 TS Washington / Maple
Date Completed: Mon, JUN/26/2023 11:40 Work Order #: 6100084729 Contract #: 2600072307 Description: TS WASHINGTON / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/21/2023 09:00 Work Order #: 5004314217 Debit Memo Req. 3802105141
Purchase Order: Montebello
Description: NEC S/L DAYBURN
Response: GOT MATERIALS FROM SHOP. NOT VERIFIED DID NOT SEE ANY LIGHTS ARE DAYBURNING AT LOCATION.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 2.500 H @ 110.25 per H $ 275.63 $ 0.00 Siemens RCM CS Page 25 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
SERVICE BUCKET TRUCK 2.500 H @ 29.40 per H $ 73.50 $ 0.00 Visit Total $ 349.13 $ 0.00
Total $ 349.13 $ 59.59 $ 408.72
021 TS Washington / Montebello
Date Completed: Tue, JUN/20/2023 11:30 Work Order #: 6100086804 Contract #: 2600072307 Description: TS WASHINGTON / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Fri, JUN/09/2023 08:00 Work Order #: 5004313908 Debit Memo Req. 3802104720
Purchase Order: Montebello
Description: SAFETY LIGHTS ON DAY/NIGHT
Response: CALL - LIGHTS ABOVE SIGNALS ARE ON DAY AND NIGHT. FOUND SAFETY LIGHT AT N/W/C DAY BURNING. CHECKED PEC, BAD. REPLACED W/NEW PEC.
OPS, WW.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 REPL PHOTOCELL 1 PC @ 14.01 per PC $ 14.01 $ 0.00
Visit Total $ 153.66 $ 0.00
Date Completed: Tue, JUN/20/2023 11:00 Work Order #: 5004314468 Debit Memo Req. 3802105118
Purchase Order: Montebello
Description: CALL PD I/S FLASH
Response: CMU SHOWS WET ERROR AND CONTROLLER BLANK - PLACED IN CAB FLASH
AND CKD OPS - FND ABLE TO PWR DWN AND THEN UP - CONTROLLER RESET -
FND UPON RESETTING INTERSECTION CONTROLLER BLACKED OUT AGAIN
AND FROZE UP - LOCATED SPARE CONTROLLER AND TRIED INSTALLING - ND
OPS NOT WORKING TOO - NOTIFIED OTHER AREA TECH TO BRING OUT OTHER
CONTROLLER AND INSTALLED - FND NOT WORKING TOO - LOCATED CITY SPARE 170ATC/HC11 CONTROLLER AND FOLLOWED UP TO INSTALL - INSTALLED WITH LACO 4 CHIP - COMPARED TIMING AND IMPLEMENTED AS NEDED - RESET CMU AND THEN INTERSECTION AND FND OPS OK.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 6.500 H @ 110.25 per H $ 716.63 $ 0.00 SERVICE BUCKET TRUCK 6.500 H @ 29.40 per H $ 191.10 $ 0.00 Visit Total $ 907.73 $ 0.00
Total $ 1,061.39 $ 59.59 $ 1,120.98
024 TS Washington / Vail
Date Completed: Mon, JUN/26/2023 11:20 Work Order #: 6100084726 Contract #: 2600072307 Siemens RCM CS Page 26 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Description: TS WASHINGTON / VAIL
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
078 TS Whittier Blvd / 10th Street
Date Completed: Wed, JUN/21/2023 12:30 Work Order #: 6100084721 Contract #: 2600072307 Description: TS WHITTIER BLVD / 10TH STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Tue, JUN/27/2023 15:45 Work Order #: 5004315061 Debit Memo Req. 3802106063
Purchase Order: Montebello
Description: SEC ISNS B/O
Response: R/R 1-5AMPS GLASS FUSE AT SEC ISNS.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 REPLACE FUSE 1 PC @ 10.00 per PC $ 10.00 $ 0.00
Visit Total $ 149.65 $ 0.00
Total $ 149.65 $ 59.59 $ 209.24
083 TS Whittier Blvd / 21st Street
Date Completed: Wed, JUN/21/2023 10:00 Work Order #: 6100084720 Contract #: 2600072307 Description: TS WHITTIER BLVD / 21ST STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/21/2023 12:00 Work Order #: 5004314722 Debit Memo Req. 3802105143
Purchase Order: Montebello
Description: NEC, SEC & SWC S/L#S ARE D/B
Response: T/S-FOUND CITY PAINTED OVER PEC EYE AT TYPE III SERVICE. REMOVED PAINT OFF PEC EYE AND NOW NO MORE DAYBURNING.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 Siemens RCM CS Page 27 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 Visit Total $ 139.65 $ 0.00
Date Completed: Tue, JUN/27/2023 17:00 Work Order #: 5004315062 Debit Memo Req. 3802106064
Purchase Order: Montebello
Description: NWC S/L B/O
Response: BROKE OUT #6 CONCRETE LID DUE TO STUCK TO P/B. CHK S/L'S FUSE AND IT IS OK. BUT NO POWER TO S/L WIRE. TRACED WIRE TO NEC P/B AND FOUND WIRE HAD POWER. WIRE IS BURNT UP FROM NWC TO NEC PULLBOXES. WILL F/U LATER WITH NEW WIRES.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (OT) 1.500 H @ 136.00 per H $ 204.00 $ 0.00 SERVICE BUCKET TRUCK 1.500 H @ 29.40 per H $ 44.10 $ 0.00 Visit Total $ 248.10 $ 0.00
Total $ 387.75 $ 59.59 $ 447.34
074 TS Whittier Blvd / 2nd Street
Date Completed: Wed, JUN/21/2023 14:30 Work Order #: 6100084739 Contract #: 2600072307 Description: TS WHITTIER BLVD / 2ND STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
075 TS Whittier Blvd / 4th Street
Date Completed: Wed, JUN/21/2023 14:00 Work Order #: 6100084711 Contract #: 2600072307 Description: TS WHITTIER BLVD / 4TH STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
076 TS Whittier Blvd / 5th Street
Date Completed: Wed, JUN/21/2023 13:30 Work Order #: 6100084725 Contract #: 2600072307 Description: TS WHITTIER BLVD / 5TH STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Sat, JUN/24/2023 10:00 Work Order #: 5004314709 Debit Memo Req. 3802105142
Siemens RCM CS Page 28 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Purchase Order: Montebello
Description: CALL PD FLASH
Response: CALL PD I/S FLASH VERIFIED OBS CMU ON WDT ERROR POSSIBLE LOCAL POWER OUTAGE. CHECKED TIMING RESET I/S WALKED I/S ALL W.W.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (OT) 2.000 H @ 136.00 per H $ 272.00 $ 0.00 SERVICE BUCKET TRUCK 2.000 H @ 29.40 per H $ 58.80 $ 0.00 Visit Total $ 330.80 $ 0.00
Date Completed: Mon, JUN/26/2023 10:00 Work Order #: 5004314753 Debit Memo Req. 3802105986
Purchase Order: Montebello
Description: CALL PD SB GBO
Response: CALL SB GBO VERIFIED OBS PHASE 4,6 GBO POSSIBLE DAMAGE FOLLOW UP
WITH MIKE AND OBS INPUT CABLE WAS LOOSE ALSO CONTROLLER WAS
DISCONNECTED LOOKS DISCONNECTED POSSIBLY DUE TO VANDALISM SET TIMING ON CONTROLLER AND LOCKED UP CABINET WITH PAD LOCKS.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 5.000 H @ 110.25 per H $ 551.25 $ 0.00 SERVICE BUCKET TRUCK 5.000 H @ 29.40 per H $ 147.00 $ 0.00 Visit Total $ 698.25 $ 0.00
Total $ 1,029.05 $ 59.59 $ 1,088.64
073 TS Whittier Blvd / Bluff/1st Street
Date Completed: Wed, JUN/21/2023 15:00 Work Order #: 6100084706 Contract #: 2600072307 Description: TS WHITTIER BLVD / BLUFF/1ST STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/28/2023 13:00 Work Order #: 5004314882 Debit Memo Req. 3802106057
Purchase Order: Montebello
Description: YLW B/O
Response: CALL - YLW B/O, FOUND S/W/C-S/B YLW B/O. CHANGED OUT W/NEW YLW LED BALL. OPS, WW.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
"Replace 12"" Yellow Ball Led" 1 PC @ 111.30 per PC $ 111.30 $ 0.00 Visit Total $ 111.30 $ 0.00
Total $ 111.30 $ 59.59 $ 170.89
081 TS Whittier Blvd / California Avenue
Date Completed: Wed, JUN/21/2023 11:00 Work Order #: 6100086807 Contract #: 2600072307 Description: TS WHITTIER BLVD / CALIFORNIA AVENUE
Siemens RCM CS Page 29 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
085 TS Whittier Blvd / Concourse
Date Completed: Wed, JUN/21/2023 09:00 Work Order #: 6100084663 Contract #: 2600072307 Description: TS WHITTIER BLVD / CONCOURSE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
086 TS Whittier Blvd / Garfield
Date Completed: Mon, JUN/26/2023 10:20 Work Order #: 6100084693 Contract #: 2600072307 Description: TS WHITTIER BLVD / GARFIELD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Tue, JUN/13/2023 14:00 Work Order #: 5004314322 Debit Memo Req. 3802104795
Purchase Order: Montebello
Description: NEC, NWC & SEC ISNS#S & SEC S/L ARE B/O
Response: 1) R/R 2-F72T12CW TUBES AT NEC ISNS. #2) R/R 2-F72T12CW TUBES AT NWC ISNS. 3) R/R 2-F72T12CW TUBES AT SWC ISNS. NEED TO F/U TO LOCATED UNDERGROUND WIRE DAMAGES ON ISNS DUE TO BREAKER KEEPS TRIPPING.
WILL F/U LATER. #4) R/R 1-200W HPS BULB AT SEC S/L.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 2.000 H @ 110.25 per H $ 220.50 $ 0.00 SERVICE BUCKET TRUCK 2.000 H @ 29.40 per H $ 58.80 $ 0.00 ISNS Repair (Relamp - 6') 6 PC @ 13.32 per PC $ 79.92 $ 0.00 SL HPS 200W ( H137 ) 1 PC @ 33.20 per PC $ 33.20 $ 0.00 Visit Total $ 392.42 $ 0.00
Total $ 392.42 $ 59.59 $ 452.01
080 TS Whittier Blvd / Maple Ave
Date Completed: Wed, JUN/21/2023 11:30 Work Order #: 6100087377 Contract #: 2600072307 Description: TS WHITTIER BLVD / MAPLE AVE
Response: PMCK
Item: Qty and Unit Cost Extra Routine
Siemens RCM CS Page 30 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Charges Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
077 TS Whittier Blvd / Montebello
Date Completed: Wed, JUN/21/2023 13:00 Work Order #: 6100084648 Contract #: 2600072307 Description: TS WHITTIER BLVD / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
079 TS Whittier Blvd / Taylor Ave
Date Completed: Wed, JUN/21/2023 12:00 Work Order #: 6100084649 Contract #: 2600072307 Description: TS WHITTIER BLVD / TAYLOR AVE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
082 TS Whittier Blvd / Vail
Date Completed: Wed, JUN/21/2023 10:30 Work Order #: 6100084665 Contract #: 2600072307 Description: TS WHITTIER BLVD / VAIL
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Tue, JUN/13/2023 16:30 Work Order #: 5004314324 Debit Memo Req. 3802104650
Purchase Order: Montebello
Description: SWC ISNS B/O
Response: R/R 2-F72T12CW TUBES AT SWC ISNS.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 2.000 H @ 110.25 per H $ 220.50 $ 0.00 SERVICE BUCKET TRUCK 2.000 H @ 29.40 per H $ 58.80 $ 0.00 ISNS Repair (Relamp - 6') 2 PC @ 13.32 per PC $ 26.64 $ 0.00 Visit Total $ 305.94 $ 0.00
Date Completed: Tue, JUN/13/2023 14:45 Work Order #: 5004314323 Debit Memo Req. 3802104857
Purchase Order: Montebello
Siemens RCM CS Page 31 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Description: SEC S/L B/O
Response: R/R 1-250W HPS BULB AT SEC S/L OF VIA CAMPO/FINDLAY #NOT WHITTIER/VAIL.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 SL HPS 250W ( H131 ) 1 PC @ 33.20 per PC $ 33.20 $ 0.00 Visit Total $ 172.85 $ 0.00
Total $ 478.79 $ 59.59 $ 538.38
084 TS Whittier Blvd / Wilcox Avenue
Date Completed: Wed, JUN/21/2023 09:30 Work Order #: 6100084662 Contract #: 2600072307 Description: TS WHITTIER BLVD / WILCOX AVENUE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Tue, JUN/27/2023 18:30 Work Order #: 5004315064 Debit Memo Req. 3802106065
Purchase Order: Montebello
Description: NEC S/L B/O
Response: R/R1-250W HPS BULB AT NEC S/L.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (OT) 1.500 H @ 136.00 per H $ 204.00 $ 0.00 SERVICE BUCKET TRUCK 1.500 H @ 29.40 per H $ 44.10 $ 0.00 SL HPS 250W ( H131 ) 1 PC @ 33.20 per PC $ 33.20 $ 0.00 Visit Total $ 281.30 $ 0.00
Total $ 281.30 $ 59.59 $ 340.89
067 TS Wilcox / Hay (FL)
Date Completed: Mon, JUN/26/2023 15:00 Work Order #: 6100084673 Contract #: 2600072307 Description: TS WILCOX / HAY (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
043 TS Wilcox / Lincoln
Date Completed: Mon, JUN/26/2023 11:30 Work Order #: 6100087367 Contract #: 2600072307 Description: TS WILCOX / LINCOLN
Response: PMCK
Item: Qty and Unit Cost Extra Routine
Siemens RCM CS Page 32 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
Charges Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Date Completed: Wed, JUN/28/2023 12:00 Work Order #: 5004315072 Debit Memo Req. 3802106075
Purchase Order: Montebello
Description: NEC ISNS & NWC S/L ARE B/O
Response: R/R 2-F72T12CW TUBES AT NEC ISNS. R/R 1-200W HPS BULB AT NWC S/L.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 1.000 H @ 110.25 per H $ 110.25 $ 0.00 SERVICE BUCKET TRUCK 1.000 H @ 29.40 per H $ 29.40 $ 0.00 ISNS Repair (Relamp - 6') 2 PC @ 13.32 per PC $ 26.64 $ 0.00 SL HPS 200W ( H137 ) 1 PC @ 33.20 per PC $ 33.20 $ 0.00 Visit Total $ 199.49 $ 0.00
Total $ 199.49 $ 59.59 $ 259.08
045 TS Wilcox / Madison
Date Completed: Mon, JUN/26/2023 12:00 Work Order #: 6100084604 Contract #: 2600072307 Description: TS WILCOX / MADISON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
052 TS Wilcox / Montebello Plaza
Date Completed: Thu, JUN/29/2023 15:00 Work Order #: 6100084587 Contract #: 2600072307 Description: TS WILCOX / MONTEBELLO PLAZA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
051 TS Wilcox / Westmoreland
Date Completed: Fri, JUN/30/2023 16:00 Work Order #: 6100084584 Contract #: 2600072307 Description: TS WILCOX / WESTMORELAND
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
Siemens RCM CS Page 33 of 34
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 06/01/2023 to 06/30/2023
068 TS Wilcox / Westmoreland (FL)
Date Completed: Mon, JUN/26/2023 14:30 Work Order #: 6100084580 Contract #: 2600072307 Description: TS WILCOX / WESTMORELAND (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
Extra
Charges
Routine
Maint.
Total
Report Total $ 13,183.41 $ 5,568.61 $ 18,752.02
Locations
Serviced
Total 98
Signalized Intersection 79
OTHER 1
Flashing Beacon 6
Siemens RCM CS Page 34 of 34
__ __
__ __
Invoice
Invoice No Date
5610284305 07/14/2023Cu
stomer No
30464259 Page 1 of 3
Cust PO No Cust PO Date Quotation No
Montebello 06/30/2015
Sales Order No Sales Ord Date Lock Box No
2600072307 03/03/2014 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms: Free on board
ORIGIN
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
Price
40 TYZ:RCM_MNT_INTRSC PC 79 59.59 4,707.61
TS Signalized Intersection
45 TYZ:RCM_MNT_INTRSC PC 6 47.25 283.50
TS Flashing Beacon
50 TYZ:RCM_MNT_INTRSC PC 2 52.50 105.00
TS Lighted Crosswalk
55 TYZ:RCM_MNT_INTRSC PC 10 47.25 472.50
TS Speed Feedback Sign
Traffic Signal Maintenance for June 2023
Total Wt.: 0 KG Currency: USD Invoice Total: 5,568.61 Payment Terms: Net Due 30 Days Net Due By: 08/13/2023
"These items are controlled by the U.S. Government (when labeled with "ECCN" unequal "N") and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations. Items labeled with "AL" unequal "N" are subject to European / national export authorization. Items without label, with label "AL:N" / "ECCN:N" or label "AL:9X9999" / "ECCN: 9X9999" may require authorization from responsible authorities depending on the final end-use, or the destination." "We hereby certify that these goods were produced in compliance with all the applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and regulations and orders of the United States Department of Labor issued under Section 14, thereof."
__
YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum. (b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access. (d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT, INTEREST,
GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF POWER,
VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the __
__ __
__
claims. Yunex LLC shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex LLC and shall not enter into a settlement without Yunex LLC' consent. Yunex LLC is not responsible for any settlement made without its prior written consent. If the Product, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex LLC will, at its option and expense, either: (i) procure for Buyer the right to continue using said Product; (ii) replace it with substantially equivalent non-infringing Product; or (iii) modify the Product so it is non-infringing.
Yunex LLC will have no duty or obligation under this Article 11 if the Product is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Yunex LLC to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex LLC, Buyer must protect Yunex LLC in the same manner and to the same extent that Yunex LLC has agreed to protect Buyer under this Article 11.
THIS ARTICLE 11 IS AN EXCLUSIVE STATEMENT OF YUNEX LLC' DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
12. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing information, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Yunex LLC has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser's confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex LLC' policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex LLC from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex LLC confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy.
13. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Products.
14. CHANGES IN WORK. No change will be made to the scope of work unless Buyer and Yunex LLC agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Yunex LLC' obligations or performance under this Agreement, Yunex LLC may request a change order for an equitable adjustment in the price and time of performance.
15. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
16. MODIFICATION OF TERMS. This Agreement may only be modified by a written instrument signed by authorized representatives of both parties.
17. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement, without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent, to any parent, wholly owned subsidiary, or affiliate or affiliate's successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party's assets). However, Buyer shall not assign this Agreement to: a competitor of Yunex LLC; an entity in litigation with Yunex LLC; or an entity lacking the financial capability to satisfy Buyer's obligations. Any assignee expressly assumes the performance of any obligation assigned. Yunex LLC may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer's consent.
18. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH YUNEX LLC AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Yunex LLC maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
19. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties' original intent.
20. EXPORT / IMPORT COMPLIANCE. Buyer acknowledges that Yunex LLC is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements. Buyer agrees that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Yunex LLC' continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
21. PRODUCT RETURNS. Prior to the return of any Product to Yunex LLC, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Yunex LLC. Yunex LLC has the right, in its sole discretion, to permit or reject any such return. Yunex LLC' authorization to return any Product to Yunex LLC does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Yunex LLC, Yunex LLC will issue a credit memo to Buyer, less applicable re-stocking fees. Yunex LLC reserves the right to reject any hazardous material.
22. NUCLEAR. Unless expressly authorized in writing by Yunex LLC, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Yunex LLC harmless, and waives and will require its insurers to waive all right of recovery against Yunex LLC for any damage, loss, destruction, injury or death resulting from a "nuclear incident," as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Yunex LLC' negligence. Yunex LLC' consent to Buyer's use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Yunex LLC deems necessary to protect its interests.
23. SURVIVAL. The articles titled "Patent and Copyright Infringement," "Limitation of Liability," "Confidentiality," "Delivery; Title; Risk of Loss," "Export / Import Compliance," and "Nuclear" survive termination, expiration or cancellation of this Agreement. __
__ __
__ __
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Invoice No Date
90000212 08/31/2023C
ustomer No
60002304 Page 1 of 3
Cust PO No Cust PO Date Quotation No
Montebello 06/30/2015
Sales Order No Sales Ord Date Lock Box No
7000000022 08/07/2023 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms: Free on Board
ORIGIN
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
Price
100 TYZ:RCM_MNT_INTRSC PC 10 472.50 472.50
TS Speed Feedback Sign
200 TYZ:RCM_MNT_INTRSC PC 79 4,707.61 4,707.61
TS Signalized Intersection
300 TYZ:RCM_MNT_INTRSC PC 6 283.50 283.50TS Flashing Beacon 400 TYZ:RCM_MNT_INTRSC
PC 2 105.00 105.00TS
Lighted Crosswalk
Traffic Signal Maintenance for July 2023
Total Wt.: 0 KG Currency: USD Invoice Total: 5,568.61 Payment Terms: Net Due 30 Days Net Due By: 09/30/2023
These items are controlled by the U.S. Government(when labeled with "ECCN" unequal"N")and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end user(s) herein identified.They may not resold,transfered,or otherwise disposed of to any other country or to any person other than the authorized ultimate consignee or end user(s)either in their original or after beingincorporated into other items,without first obtaining approval from the U.S Government or as otherwise authorized by U.S law and regulationsItems labeled with "AL" unequal "N" are subject to "We hereby certify that thses goods were produced in complaince with all the applicable requirements of section 6,7 & 12 of the Fair Labour Standards Act, as amended, and regulations and orders of the United States Department of Labour issued under Section 14,thereof"
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YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum.
(b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind.
Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
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(d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT,
INTEREST, GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF
POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Yunex LLC shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex LLC and shall not enter into a settlement without Yunex LLC' consent. Yunex LLC is not responsible for any settlement made without its prior written consent. If the Product, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex LLC will, at its option and expense, either: (i) procure for Buyer the right to continue using said Product; (ii) replace it with substantially equivalent non-infringing Product; or (iii) modify the Product so it is non-infringing.
Yunex LLC will have no duty or obligation under this Article 11 if the Product is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Yunex LLC to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex LLC, Buyer must protect Yunex LLC in the same manner and to the same extent that Yunex LLC has agreed to protect Buyer under this Article 11.
THIS ARTICLE 11 IS AN EXCLUSIVE STATEMENT OF YUNEX LLC' DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
12. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing information, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Yunex LLC has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser's confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex LLC' policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex LLC from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex LLC confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy.
13. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Products.
14. CHANGES IN WORK. No change will be made to the scope of work unless Buyer and Yunex LLC agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Yunex LLC' obligations or performance under this Agreement, Yunex LLC may request a change order for an equitable adjustment in the price and time of performance.
15. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
16. MODIFICATION OF TERMS. This Agreement may only be modified by a written instrument signed by authorized representatives of both parties.
17. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement, without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent, to any parent, wholly owned subsidiary, or affiliate or affiliate's successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party's assets). However, Buyer shall not assign this Agreement to: a competitor of Yunex LLC; an entity in litigation with Yunex LLC; or an entity lacking the financial capability to satisfy Buyer's obligations. Any assignee expressly assumes the performance of any obligation assigned. Yunex LLC may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer's consent.
18. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH YUNEX LLC AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Yunex LLC maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
19. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties' original intent.
20. EXPORT / IMPORT COMPLIANCE. Buyer acknowledges that Yunex LLC is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements. Buyer agrees that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Yunex LLC' continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
21. PRODUCT RETURNS. Prior to the return of any Product to Yunex LLC, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Yunex LLC. Yunex LLC has the right, in its sole discretion, to permit or reject any such return. Yunex LLC' authorization to return any Product to Yunex LLC does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Yunex LLC, Yunex LLC will issue a credit memo to Buyer, less applicable re-stocking fees. Yunex LLC reserves the right to reject any hazardous material.
22. NUCLEAR. Unless expressly authorized in writing by Yunex LLC, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Yunex LLC harmless, and waives and will require its insurers to waive all right of recovery against Yunex LLC for any damage, loss, destruction, injury or death resulting from a "nuclear incident," as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Yunex LLC' negligence. Yunex LLC' consent to Buyer's use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Yunex LLC deems necessary to protect its interests.
23. SURVIVAL. The articles titled "Patent and Copyright Infringement," "Limitation of Liability," "Confidentiality," "Delivery; Title; Risk of Loss," "Export / Import Compliance," and "Nuclear" survive termination, expiration or cancellation of this Agreement.
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
TS 4th St SB / Olympic SFS
Date Completed: Thu, JUL/27/2023 10:00 Work Order #: 6100089326 Contract #: 2600072307 Description: TS 4TH ST SB / OLYMPIC SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Avenida La Merced EB / Las Flores SFS
Date Completed: Thu, JUL/13/2023 05:30 Work Order #: 6100089325 Contract #: 2600072307 Description: TS AVENIDA LA MERCED EB / LAS FLORES SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
007 TS Beverly / 18th
Date Completed: Fri, JUL/28/2023 09:15 Work Order #: 6100089363 Contract #: 2600072307 Description: TS BEVERLY / 18TH
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
010 TS Beverly / 4th
Date Completed: Fri, JUL/28/2023 07:45 Work Order #: 6100089362 Contract #: 2600072307 Description: TS BEVERLY / 4TH
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
001 TS Beverly / Bradshawe
Date Completed: Fri, JUL/28/2023 10:30 Work Order #: 6100089357 Contract #: 2600072307 Description: TS BEVERLY / BRADSHAWE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Siemens RCM CS Page 1 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Total $ 0.00 $ 59.59 $ 59.59
064 TS Beverly / Civic Center
Date Completed: Fri, JUL/28/2023 09:00 Work Order #: 6100089343 Contract #: 2600072307 Description: TS BEVERLY / CIVIC CENTER
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
002 TS Beverly / Findlay
Date Completed: Fri, JUL/28/2023 10:15 Work Order #: 6100089344 Contract #: 2600072307 Description: TS BEVERLY / FINDLAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
003 TS Beverly / Garfield
Date Completed: Fri, JUL/28/2023 12:30 Work Order #: 6100089347 Contract #: 2600072307 Description: TS BEVERLY / GARFIELD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
004 TS Beverly / Hay
Date Completed: Fri, JUL/28/2023 10:00 Work Order #: 6100089345 Contract #: 2600072307 Description: TS BEVERLY / HAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
008 TS Beverly / Maple
Date Completed: Fri, JUL/28/2023 08:45 Work Order #: 6100089341 Contract #: 2600072307 Description: TS BEVERLY / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Siemens RCM CS Page 2 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
009 TS Beverly / Montebello
Date Completed: Thu, JUL/27/2023 08:45 Work Order #: 6100089351 Contract #: 2600072307 Description: TS BEVERLY / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
011 TS Beverly / Poplar
Date Completed: Fri, JUL/28/2023 07:30 Work Order #: 6100089312 Contract #: 2600072307 Description: TS BEVERLY / POPLAR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
042 TS Beverly / Rea
Date Completed: Fri, JUL/28/2023 07:15 Work Order #: 6100089311 Contract #: 2600072307 Description: TS BEVERLY / REA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
049 TS Beverly / Sixth
Date Completed: Fri, JUL/28/2023 08:00 Work Order #: 6100089308 Contract #: 2600072307 Description: TS BEVERLY / SIXTH
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
061 TS Beverly / Taylor
Date Completed: Fri, JUL/28/2023 08:30 Work Order #: 6100089305 Contract #: 2600072307 Description: TS BEVERLY / TAYLOR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
Siemens RCM CS Page 3 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
005 TS Beverly / Via Val Verde
Date Completed: Fri, JUL/28/2023 09:45 Work Order #: 6100087578 Contract #: 2600072307 Description: TS BEVERLY / VIA VAL VERDE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
006 TS Beverly / Wilcox
Date Completed: Fri, JUL/28/2023 09:30 Work Order #: 6100089304 Contract #: 2600072307 Description: TS BEVERLY / WILCOX
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Bradshawe SB / Beverly SFS
Date Completed: Thu, JUL/13/2023 09:00 Work Order #: 6100088438 Contract #: 2600072307 Description: TS BRADSHAWE SB / BEVERLY SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Bradshawe St NB / Repetto
Date Completed: Thu, JUL/27/2023 12:15 Work Order #: 6100089302 Contract #: 2600072307 Description: TS BRADSHAWE ST NB / REPETTO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Lighted Crosswalk 1 PC @ 52.50 per PC $ 0.00 $ 52.50 Visit Total $ 0.00 $ 52.50
Total $ 0.00 $ 52.50 $ 52.50
TS Bradshawe St SB / Via Corona
Date Completed: Thu, JUL/27/2023 12:00 Work Order #: 6100088894 Contract #: 2600072307 Description: TS BRADSHAWE ST SB / VIA CORONA
Response: PMCK
Siemens RCM CS Page 4 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Lighted Crosswalk 1 PC @ 52.50 per PC $ 0.00 $ 52.50 Visit Total $ 0.00 $ 52.50
Total $ 0.00 $ 52.50 $ 52.50
025 TS Garfield / Hay
Date Completed: Fri, JUL/28/2023 12:45 Work Order #: 6100088427 Contract #: 2600072307 Description: TS GARFIELD / HAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Garfield / Madison Avenue
Date Completed: Fri, JUL/28/2023 13:00 Work Order #: 6100088448 Contract #: 2600072307 Description: TS GARFIELD / MADISON AVENUE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
087 TS Garfield / Pomona
Date Completed: Fri, JUL/28/2023 11:15 Work Order #: 6100088417 Contract #: 2600072307 Description: TS GARFIELD / POMONA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Garfield / San Clemente
Date Completed: Fri, JUL/28/2023 12:15 Work Order #: 6100088425 Contract #: 2600072307 Description: TS GARFIELD / SAN CLEMENTE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
036 TS Garfield / Via Acosta
Date Completed: Fri, JUL/28/2023 10:45 Work Order #: 6100088838 Contract #: 2600072307 Siemens RCM CS Page 5 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Description: TS GARFIELD / VIA ACOSTA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
056 TS Garfield / Via Paseo
Date Completed: Fri, JUL/28/2023 11:00 Work Order #: 6100088411 Contract #: 2600072307 Description: TS GARFIELD / VIA PASEO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Garfield SB / N/O Madison SFS
Date Completed: Thu, JUL/27/2023 12:30 Work Order #: 6100088397 Contract #: 2600072307 Description: TS GARFIELD SB / N/O MADISON SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
018 TS Greenwood / Beach
Date Completed: Fri, JUL/28/2023 13:45 Work Order #: 6100088388 Contract #: 2600072307 Description: TS GREENWOOD / BEACH
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
017 TS Greenwood / Date
Date Completed: Mon, JUL/31/2023 13:00 Work Order #: 6100088358 Contract #: 2600072307 Description: TS GREENWOOD / DATE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
Siemens RCM CS Page 6 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
035 TS Greenwood / Elm
Date Completed: Mon, JUL/31/2023 09:45 Work Order #: 6100088362 Contract #: 2600072307 Description: TS GREENWOOD / ELM
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
046 TS Greenwood / Mines
Date Completed: Fri, JUL/28/2023 14:00 Work Order #: 6100088327 Contract #: 2600072307 Description: TS GREENWOOD / MINES
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
062 TS Greenwood / Oakwood
Date Completed: Mon, JUL/31/2023 12:45 Work Order #: 6100088355 Contract #: 2600072307 Description: TS GREENWOOD / OAKWOOD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
030 TS Greenwood / Sycamore Connector
Date Completed: Mon, JUL/31/2023 10:00 Work Order #: 6100088307 Contract #: 2600072307 Description: TS GREENWOOD / SYCAMORE CONNECTOR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
019 TS Greenwood / Union
Date Completed: Mon, JUL/31/2023 11:00 Work Order #: 6100088326 Contract #: 2600072307 Description: TS GREENWOOD / UNION
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Siemens RCM CS Page 7 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Total $ 0.00 $ 59.59 $ 59.59
069 TS Greenwood School No. / (FL)
Date Completed: Fri, JUL/28/2023 13:30 Work Order #: 6100088306 Contract #: 2600072307 Description: TS GREENWOOD SCHOOL NO. / (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
070 TS Greenwood School So. / (FL)
Date Completed: Fri, JUL/28/2023 13:15 Work Order #: 6100089202 Contract #: 2600072307 Description: TS GREENWOOD SCHOOL SO. / (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
033 TS Hay / Wilcox
Date Completed: Thu, JUL/27/2023 13:15 Work Order #: 6100089155 Contract #: 2600072307 Description: TS HAY / WILCOX
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
060 TS Howard / Beverly
Date Completed: Fri, JUL/28/2023 08:15 Work Order #: 6100089153 Contract #: 2600072307 Description: TS HOWARD / BEVERLY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
028 TS Howard / Lincoln
Date Completed: Thu, JUL/27/2023 14:45 Work Order #: 6100089147 Contract #: 2600072307 Description: TS HOWARD / LINCOLN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Siemens RCM CS Page 8 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
055 TS Lincoln / Maple
Date Completed: Thu, JUL/27/2023 14:30 Work Order #: 6100089094 Contract #: 2600072307 Description: TS LINCOLN / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
034 TS Lincoln / Poplar
Date Completed: Thu, JUL/27/2023 15:00 Work Order #: 6100089099 Contract #: 2600072307 Description: TS LINCOLN / POPLAR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
065 TS Lincoln / Sanchez (FL)
Date Completed: Thu, JUL/13/2023 07:00 Work Order #: 6100089088 Contract #: 2600072307 Description: TS LINCOLN / SANCHEZ (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Lincoln EB / Via Val Verde SFS
Date Completed: Thu, JUL/13/2023 08:00 Work Order #: 6100089085 Contract #: 2600072307 Description: TS LINCOLN EB / VIA VAL VERDE SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Lincoln WB / 18th St SFS
Date Completed: Thu, JUL/13/2023 07:30 Work Order #: 6100089274 Contract #: 2600072307 Description: TS LINCOLN WB / 18TH ST SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
Siemens RCM CS Page 9 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Lincoln WB / Donna Way SFS
Date Completed: Thu, JUL/13/2023 08:30 Work Order #: 6100089081 Contract #: 2600072307 Description: TS LINCOLN WB / DONNA WAY SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
031 TS Montebello / Cleveland
Date Completed: Thu, JUL/27/2023 11:45 Work Order #: 6100089261 Contract #: 2600072307 Description: TS MONTEBELLO / CLEVELAND
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
032 TS Montebello / Driveway #1
Date Completed: Thu, JUL/27/2023 07:15 Work Order #: 6100089257 Contract #: 2600072307 Description: TS MONTEBELLO / DRIVEWAY #1
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
063 TS Montebello / Driveway #2
Date Completed: Wed, JUL/26/2023 15:00 Work Order #: 6100089280 Contract #: 2600072307 Description: TS MONTEBELLO / DRIVEWAY #2
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
026 TS Montebello / Jefferson
Date Completed: Thu, JUL/27/2023 07:45 Work Order #: 6100089242 Contract #: 2600072307 Description: TS MONTEBELLO / JEFFERSON
Response: PMCK
Siemens RCM CS Page 10 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
058 TS Montebello / La Merced
Date Completed: Thu, JUL/27/2023 08:00 Work Order #: 6100089247 Contract #: 2600072307 Description: TS MONTEBELLO / LA MERCED
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
057 TS Montebello / Liberty
Date Completed: Thu, JUL/27/2023 07:30 Work Order #: 6100089040 Contract #: 2600072307 Description: TS MONTEBELLO / LIBERTY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
044 TS Montebello / Lincoln
Date Completed: Thu, JUL/27/2023 08:15 Work Order #: 6100089055 Contract #: 2600072307 Description: TS MONTEBELLO / LINCOLN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
059 TS Montebello / Madison
Date Completed: Thu, JUL/27/2023 09:00 Work Order #: 6100088820 Contract #: 2600072307 Description: TS MONTEBELLO / MADISON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
012 TS Montebello / Plaza Dr
Date Completed: Mon, JUL/24/2023 07:30 Work Order #: 6100088784 Contract #: 2600072307 Siemens RCM CS Page 11 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Description: TS MONTEBELLO / PLAZA DR
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
047 TS Montebello / Truck Way
Date Completed: Fri, JUL/28/2023 14:15 Work Order #: 6100089025 Contract #: 2600072307 Description: TS MONTEBELLO / TRUCK WAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
027 TS Montebello / Victoria
Date Completed: Thu, JUL/27/2023 08:30 Work Order #: 6100089023 Contract #: 2600072307 Description: TS MONTEBELLO / VICTORIA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
066 TS Olympic / 4th Street (FL)
Date Completed: Thu, JUL/27/2023 09:30 Work Order #: 6100088260 Contract #: 2600072307 Description: TS OLYMPIC / 4TH STREET (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
014 TS Olympic / Greenwood
Date Completed: Fri, JUL/28/2023 14:30 Work Order #: 6100088283 Contract #: 2600072307 Description: TS OLYMPIC / GREENWOOD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
Siemens RCM CS Page 12 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
015 TS Olympic / Maple
Date Completed: Fri, JUL/28/2023 14:45 Work Order #: 6100088750 Contract #: 2600072307 Description: TS OLYMPIC / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
013 TS Olympic / Montebello
Date Completed: Thu, JUL/27/2023 09:15 Work Order #: 6100088263 Contract #: 2600072307 Description: TS OLYMPIC / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
016 TS Olympic / Vail
Date Completed: Fri, JUL/28/2023 15:00 Work Order #: 6100088249 Contract #: 2600072307 Description: TS OLYMPIC / VAIL
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Olympic EB / 4th St SFS
Date Completed: Thu, JUL/27/2023 09:45 Work Order #: 6100088223 Contract #: 2600072307 Description: TS OLYMPIC EB / 4TH ST SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
048 TS Paramount / Montebello
Date Completed: Mon, JUL/24/2023 08:00 Work Order #: 6100088235 Contract #: 2600072307 Description: TS PARAMOUNT / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Siemens RCM CS Page 13 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Total $ 0.00 $ 59.59 $ 59.59
041 TS Pomona / Findlay
Date Completed: Fri, JUL/28/2023 11:30 Work Order #: 6100088224 Contract #: 2600072307 Description: TS POMONA / FINDLAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
TS Poplar NB / Lincoln SFS
Date Completed: Thu, JUL/13/2023 06:30 Work Order #: 6100088739 Contract #: 2600072307 Description: TS POPLAR NB / LINCOLN SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
TS Poplar SB / Avenida La Merced SFS
Date Completed: Thu, JUL/13/2023 06:00 Work Order #: 6100088200 Contract #: 2600072307 Description: TS POPLAR SB / AVENIDA LA MERCED SFS
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Speed Feedback Sign 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
050 TS Slauson / Chapin
Date Completed: Mon, JUL/31/2023 10:45 Work Order #: 6100088202 Contract #: 2600072307 Description: TS SLAUSON / CHAPIN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
053 TS Telegraph / Greenwood
Date Completed: Mon, JUL/31/2023 10:15 Work Order #: 6100088190 Contract #: 2600072307 Description: TS TELEGRAPH / GREENWOOD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Siemens RCM CS Page 14 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
054 TS Telegraph / Slauson
Date Completed: Mon, JUL/31/2023 10:30 Work Order #: 6100088166 Contract #: 2600072307 Description: TS TELEGRAPH / SLAUSON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
071 TS Vail Avenue / Flotilla Street
Date Completed: Mon, JUL/31/2023 13:30 Work Order #: 6100088189 Contract #: 2600072307 Description: TS VAIL AVENUE / FLOTILLA STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
037 TS Via Campo / Findlay
Date Completed: Fri, JUL/28/2023 11:45 Work Order #: 6100088137 Contract #: 2600072307 Description: TS VIA CAMPO / FINDLAY
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
038 TS Via Campo / Garfield
Date Completed: Fri, JUL/28/2023 12:00 Work Order #: 6100088093 Contract #: 2600072307 Description: TS VIA CAMPO / GARFIELD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
020 TS Washington / Bluff
Date Completed: Thu, JUL/27/2023 11:30 Work Order #: 6100088140 Contract #: 2600072307 Description: TS WASHINGTON / BLUFF
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
Siemens RCM CS Page 15 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
022 TS Washington / Greenwood
Date Completed: Mon, JUL/31/2023 13:15 Work Order #: 6100088149 Contract #: 2600072307 Description: TS WASHINGTON / GREENWOOD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
023 TS Washington / Maple
Date Completed: Mon, JUL/31/2023 14:00 Work Order #: 6100088117 Contract #: 2600072307 Description: TS WASHINGTON / MAPLE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
021 TS Washington / Montebello
Date Completed: Thu, JUL/27/2023 11:15 Work Order #: 6100088133 Contract #: 2600072307 Description: TS WASHINGTON / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
024 TS Washington / Vail
Date Completed: Mon, JUL/31/2023 13:45 Work Order #: 6100088070 Contract #: 2600072307 Description: TS WASHINGTON / VAIL
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
078 TS Whittier Blvd / 10th Street
Date Completed: Mon, JUL/31/2023 09:30 Work Order #: 6100088063 Contract #: 2600072307 Description: TS WHITTIER BLVD / 10TH STREET
Response: PMCK
Siemens RCM CS Page 16 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
083 TS Whittier Blvd / 21st Street
Date Completed: Mon, JUL/31/2023 08:15 Work Order #: 6100088077 Contract #: 2600072307 Description: TS WHITTIER BLVD / 21ST STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
074 TS Whittier Blvd / 2nd Street
Date Completed: Mon, JUL/31/2023 14:45 Work Order #: 6100088050 Contract #: 2600072307 Description: TS WHITTIER BLVD / 2ND STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
075 TS Whittier Blvd / 4th Street
Date Completed: Mon, JUL/31/2023 14:15 Work Order #: 6100088030 Contract #: 2600072307 Description: TS WHITTIER BLVD / 4TH STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
076 TS Whittier Blvd / 5th Street
Date Completed: Mon, JUL/31/2023 14:30 Work Order #: 6100088747 Contract #: 2600072307 Description: TS WHITTIER BLVD / 5TH STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
073 TS Whittier Blvd / Bluff/1st Street
Date Completed: Mon, JUL/31/2023 15:00 Work Order #: 6100087998 Contract #: 2600072307 Siemens RCM CS Page 17 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Description: TS WHITTIER BLVD / BLUFF/1ST STREET
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
081 TS Whittier Blvd / California Avenue
Date Completed: Mon, JUL/31/2023 08:45 Work Order #: 6100087984 Contract #: 2600072307 Description: TS WHITTIER BLVD / CALIFORNIA AVENUE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
085 TS Whittier Blvd / Concourse
Date Completed: Mon, JUL/31/2023 07:30 Work Order #: 6100087952 Contract #: 2600072307 Description: TS WHITTIER BLVD / CONCOURSE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
086 TS Whittier Blvd / Garfield
Date Completed: Mon, JUL/31/2023 07:45 Work Order #: 6100087948 Contract #: 2600072307 Description: TS WHITTIER BLVD / GARFIELD
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
080 TS Whittier Blvd / Maple Ave
Date Completed: Mon, JUL/31/2023 09:00 Work Order #: 6100090313 Contract #: 2600072307 Description: TS WHITTIER BLVD / MAPLE AVE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
Siemens RCM CS Page 18 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
077 TS Whittier Blvd / Montebello
Date Completed: Mon, JUL/31/2023 07:15 Work Order #: 6100087945 Contract #: 2600072307 Description: TS WHITTIER BLVD / MONTEBELLO
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
079 TS Whittier Blvd / Taylor Ave
Date Completed: Mon, JUL/31/2023 09:15 Work Order #: 6100087959 Contract #: 2600072307 Description: TS WHITTIER BLVD / TAYLOR AVE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
082 TS Whittier Blvd / Vail
Date Completed: Mon, JUL/31/2023 08:30 Work Order #: 6100087944 Contract #: 2600072307 Description: TS WHITTIER BLVD / VAIL
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
084 TS Whittier Blvd / Wilcox Avenue
Date Completed: Mon, JUL/31/2023 08:00 Work Order #: 6100088916 Contract #: 2600072307 Description: TS WHITTIER BLVD / WILCOX AVENUE
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
067 TS Wilcox / Hay (FL)
Date Completed: Thu, JUL/27/2023 13:00 Work Order #: 6100088759 Contract #: 2600072307 Description: TS WILCOX / HAY (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Visit Total $ 0.00 $ 47.25
Siemens RCM CS Page 19 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Total $ 0.00 $ 47.25 $ 47.25
043 TS Wilcox / Lincoln
Date Completed: Thu, JUL/27/2023 14:00 Work Order #: 6100088920 Contract #: 2600072307 Description: TS WILCOX / LINCOLN
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
045 TS Wilcox / Madison
Date Completed: Thu, JUL/27/2023 14:15 Work Order #: 6100088953 Contract #: 2600072307 Description: TS WILCOX / MADISON
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
052 TS Wilcox / Montebello Plaza
Date Completed: Thu, JUL/27/2023 13:30 Work Order #: 6100088898 Contract #: 2600072307 Description: TS WILCOX / MONTEBELLO PLAZA
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
051 TS Wilcox / Westmoreland
Date Completed: Thu, JUL/27/2023 13:45 Work Order #: 6100088901 Contract #: 2600072307 Description: TS WILCOX / WESTMORELAND
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Signalized Intersection ( H001 ) 1 PC @ 59.59 per PC $ 0.00 $ 59.59 Visit Total $ 0.00 $ 59.59
Total $ 0.00 $ 59.59 $ 59.59
068 TS Wilcox / Westmoreland (FL)
Date Completed: Thu, JUL/27/2023 12:45 Work Order #: 6100088879 Contract #: 2600072307 Description: TS WILCOX / WESTMORELAND (FL)
Response: PMCK
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
TS Flashing Beacon ( H008 ) 1 PC @ 47.25 per PC $ 0.00 $ 47.25 Siemens RCM CS Page 20 of 21
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
Visit Total $ 0.00 $ 47.25
Total $ 0.00 $ 47.25 $ 47.25
Extra
Charges
Routine
Maint.
Total
Report Total $ 0.00 $ 5,568.61 $ 5,568.61
Locations
Serviced
Total 97
Signalized Intersection 79
Flashing Beacon 6
Siemens RCM CS Page 21 of 21
__ __
Invoice No Date
5610000032 08/30/2023C
ustomer No
60002304 Page 1 of 3
Cust PO No Cust PO Date Quotation No
00/00/0000
Sales Order No Sales Ord Date Lock Box No
8000010744 08/16/2023 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms:
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
Price
TS Response Hay & Wilcox 1,635.61 Total Wt.: 0 KG Currency: USD Invoice Total: 1,635.61 Payment Terms: Net Due 30 Days Net Due By: 09/29/2023
These items are controlled by the U.S. Government(when labeled with "ECCN" unequal"N")and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end user(s) herein identified.They may not resold,transfered,or otherwise disposed of to any other country or to any person other than the authorized ultimate consignee or end user(s)either in their original or after beingincorporated into other items,without first obtaining approval from the U.S Government or as otherwise authorized by U.S law and regulationsItems labeled with "AL" unequal "N" are subject to "We hereby certify that thses goods were produced in complaince with all the applicable requirements of section 6,7 & 12 of the Fair Labour Standards Act, as amended, and regulations and orders of the United States Department of Labour issued under Section 14,thereof"
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__ __
YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum.
(b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind.
Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
__ __
__ __
(d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT,
INTEREST, GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF
POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Yunex LLC shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex LLC and shall not enter into a settlement without Yunex LLC' consent. Yunex LLC is not responsible for any settlement made without its prior written consent. If the Product, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex LLC will, at its option and expense, either: (i) procure for Buyer the right to continue using said Product; (ii) replace it with substantially equivalent non-infringing Product; or (iii) modify the Product so it is non-infringing.
Yunex LLC will have no duty or obligation under this Article 11 if the Product is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Yunex LLC to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex LLC, Buyer must protect Yunex LLC in the same manner and to the same extent that Yunex LLC has agreed to protect Buyer under this Article 11.
THIS ARTICLE 11 IS AN EXCLUSIVE STATEMENT OF YUNEX LLC' DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
12. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing information, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Yunex LLC has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser's confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex LLC' policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex LLC from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex LLC confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy.
13. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Products.
14. CHANGES IN WORK. No change will be made to the scope of work unless Buyer and Yunex LLC agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Yunex LLC' obligations or performance under this Agreement, Yunex LLC may request a change order for an equitable adjustment in the price and time of performance.
15. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
16. MODIFICATION OF TERMS. This Agreement may only be modified by a written instrument signed by authorized representatives of both parties.
17. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement, without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent, to any parent, wholly owned subsidiary, or affiliate or affiliate's successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party's assets). However, Buyer shall not assign this Agreement to: a competitor of Yunex LLC; an entity in litigation with Yunex LLC; or an entity lacking the financial capability to satisfy Buyer's obligations. Any assignee expressly assumes the performance of any obligation assigned. Yunex LLC may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer's consent.
18. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH YUNEX LLC AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Yunex LLC maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
19. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties' original intent.
20. EXPORT / IMPORT COMPLIANCE. Buyer acknowledges that Yunex LLC is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements. Buyer agrees that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Yunex LLC' continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
21. PRODUCT RETURNS. Prior to the return of any Product to Yunex LLC, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Yunex LLC. Yunex LLC has the right, in its sole discretion, to permit or reject any such return. Yunex LLC' authorization to return any Product to Yunex LLC does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Yunex LLC, Yunex LLC will issue a credit memo to Buyer, less applicable re-stocking fees. Yunex LLC reserves the right to reject any hazardous material.
22. NUCLEAR. Unless expressly authorized in writing by Yunex LLC, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Yunex LLC harmless, and waives and will require its insurers to waive all right of recovery against Yunex LLC for any damage, loss, destruction, injury or death resulting from a "nuclear incident," as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Yunex LLC' negligence. Yunex LLC' consent to Buyer's use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Yunex LLC deems necessary to protect its interests.
23. SURVIVAL. The articles titled "Patent and Copyright Infringement," "Limitation of Liability," "Confidentiality," "Delivery; Title; Risk of Loss," "Export / Import Compliance," and "Nuclear" survive termination, expiration or cancellation of this Agreement.
Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
033 TS Hay / Wilcox
Date Completed: Mon, JUL/10/2023 15:00 Work Order #: 5004315501 Debit Memo Req. 3802106609
Purchase Order: Montebello
Description: PED POLE HIT
Response: FOUND SWC EB PPB POLE KNOCKED DOWN - REMOVED REMAINS AND
REPAIRED ANCHOR BOLTS AS NEEDED AND NOTIFIED AREA TECH TO PICK UP
NEEDED POLE - CUT POLE TO SIZE AND MOUNTED AS NEEDED AND SECURED - HOOKED UP NEW TOP MOUNT PPB ASSEMBLY AND PPB BLDG CAP/SWITCH - NEW PPB SIGN AND SECURED ALL - TESTED AND FND W/W.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (RT) 8.000 H @ 110.25 per H $ 882.00 $ 0.00 SERVICE BUCKET TRUCK 8.000 H @ 29.40 per H $ 235.20 $ 0.00 Replace PPB (Polara Bulldog) 1 PC @ 147.00 per PC $ 147.00 $ 0.00 Furnish/Install PPB assembly Top
Mount
1 PC @ 60.58 per PC $ 60.58 $ 0.00
FACEPLATE EXCHANGED 1 PC @ 14.39 per PC $ 14.39 $ 0.00 SS-Alum PED Pole 4" 1 PC @ 296.44 per PC $ 296.44 $ 0.00 Visit Total $ 1,635.61 $ 0.00
Total $ 1,635.61 $ 0.00 $ 1,635.61
Extra
Charges
Routine
Maint.
Total
Report Total $ 1,635.61 $ 0.00 $ 1,635.61
Locations
Serviced
Total 1
Signalized Intersection 1
Siemens RCM CS Page 1 of 1
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Invoice No Date
5610000031 08/30/2023C
ustomer No
60002304 Page 1 of 3
Cust PO No Cust PO Date Quotation No
00/00/0000
Sales Order No Sales Ord Date Lock Box No
8000010909 08/16/2023 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms:
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
PriceTS Response Howard & Beverly
330.80
Total Wt.: 0 KG Currency: USD Invoice Total: 330.80 Payment Terms: Net Due 30 Days Net Due By: 09/29/2023
These items are controlled by the U.S. Government(when labeled with "ECCN" unequal"N")and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end user(s) herein identified.They may not resold,transfered,or otherwise disposed of to any other country or to any person other than the authorized ultimate consignee or end user(s)either in their original or after beingincorporated into other items,without first obtaining approval from the U.S Government or as otherwise authorized by U.S law and regulationsItems labeled with "AL" unequal "N" are subject to "We hereby certify that thses goods were produced in complaince with all the applicable requirements of section 6,7 & 12 of the Fair Labour Standards Act, as amended, and regulations and orders of the United States Department of Labour issued under Section 14,thereof"
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YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum.
(b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind.
Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
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__ __
(d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT,
INTEREST, GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF
POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Yunex LLC shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex LLC and shall not enter into a settlement without Yunex LLC' consent. Yunex LLC is not responsible for any settlement made without its prior written consent. If the Product, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex LLC will, at its option and expense, either: (i) procure for Buyer the right to continue using said Product; (ii) replace it with substantially equivalent non-infringing Product; or (iii) modify the Product so it is non-infringing.
Yunex LLC will have no duty or obligation under this Article 11 if the Product is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Yunex LLC to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex LLC, Buyer must protect Yunex LLC in the same manner and to the same extent that Yunex LLC has agreed to protect Buyer under this Article 11.
THIS ARTICLE 11 IS AN EXCLUSIVE STATEMENT OF YUNEX LLC' DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
12. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing information, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Yunex LLC has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser's confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex LLC' policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex LLC from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex LLC confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy.
13. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Products.
14. CHANGES IN WORK. No change will be made to the scope of work unless Buyer and Yunex LLC agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Yunex LLC' obligations or performance under this Agreement, Yunex LLC may request a change order for an equitable adjustment in the price and time of performance.
15. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
16. MODIFICATION OF TERMS. This Agreement may only be modified by a written instrument signed by authorized representatives of both parties.
17. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement, without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent, to any parent, wholly owned subsidiary, or affiliate or affiliate's successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party's assets). However, Buyer shall not assign this Agreement to: a competitor of Yunex LLC; an entity in litigation with Yunex LLC; or an entity lacking the financial capability to satisfy Buyer's obligations. Any assignee expressly assumes the performance of any obligation assigned. Yunex LLC may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer's consent.
18. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH YUNEX LLC AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Yunex LLC maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
19. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties' original intent.
20. EXPORT / IMPORT COMPLIANCE. Buyer acknowledges that Yunex LLC is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements. Buyer agrees that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Yunex LLC' continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
21. PRODUCT RETURNS. Prior to the return of any Product to Yunex LLC, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Yunex LLC. Yunex LLC has the right, in its sole discretion, to permit or reject any such return. Yunex LLC' authorization to return any Product to Yunex LLC does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Yunex LLC, Yunex LLC will issue a credit memo to Buyer, less applicable re-stocking fees. Yunex LLC reserves the right to reject any hazardous material.
22. NUCLEAR. Unless expressly authorized in writing by Yunex LLC, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Yunex LLC harmless, and waives and will require its insurers to waive all right of recovery against Yunex LLC for any damage, loss, destruction, injury or death resulting from a "nuclear incident," as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Yunex LLC' negligence. Yunex LLC' consent to Buyer's use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Yunex LLC deems necessary to protect its interests.
23. SURVIVAL. The articles titled "Patent and Copyright Infringement," "Limitation of Liability," "Confidentiality," "Delivery; Title; Risk of Loss," "Export / Import Compliance," and "Nuclear" survive termination, expiration or cancellation of this Agreement.
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Traffic Signal Maintenance for CITY OF MONTEBELLO
Work Order Completion Period: 07/01/2023 to 07/31/2023
060 TS Howard / Beverly
Date Completed: Sat, JUL/08/2023 21:30 Work Order #: 5004315437 Debit Memo Req. 3802106686
Purchase Order: Montebello
Description: POLE HIT AT N/E/C
Response: CALL - POLE HIT CREASED AT BASE. FOUND POLE INDENTED AND SMALL CREASE CLOSE TO BASE. POLE VERY STURDY BUT SHOULD BE SCHEDULED FOR NEW SHAFT. WILL WRITE UP FOR NEW SHAFT DUE TO ACCIDENT.
Item: Qty and Unit Cost Extra
Charges
Routine
Maint.
ELECTRICIAN (OT) 2.000 H @ 136.00 per H $ 272.00 $ 0.00 SERVICE BUCKET TRUCK 2.000 H @ 29.40 per H $ 58.80 $ 0.00 Visit Total $ 330.80 $ 0.00
Total $ 330.80 $ 0.00 $ 330.80
Extra
Charges
Routine
Maint.
Total
Report Total $ 330.80 $ 0.00 $ 330.80
Locations
Serviced
Total 1
Signalized Intersection 1
Siemens RCM CS Page 1 of 1
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Invoice No Date
5610000313 09/29/2023C
ustomer No6000230
4 Page 1 of 3
Cust PO No Cust PO Date Quotation No
Montebello 06/30/2015
Sales Order No Sales Ord Date Lock Box No
8000016927 09/01/2023 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms:
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
PriceTraffic Signal Response Call Outs for August 2023
10,645.38
Total Wt.: 0.907 KG Currency: USD Invoice Total: 10,645.38 Payment Terms: Net Due 30 Days Net Due By: 10/29/2023
These items are controlled by the U.S. Government(when labeled with "ECCN" unequal"N")and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end user(s) herein identified.They may not resold,transfered,or otherwise disposed of to any other country or to any person other than the authorized ultimate consignee or end user(s)either in their original or after beingincorporated into other items,without first obtaining approval from the U.S Government or as otherwise authorized by U.S law and regulationsItems labeled with "AL" unequal "N" are subject to "We hereby certify that thses goods were produced in complaince with all the applicable requirements of section 6,7 & 12 of the Fair Labour Standards Act, as amended, and regulations and orders of the United States Department of Labour issued under Section 14,thereof"
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YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum.
(b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind.
Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
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(d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT,
INTEREST, GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF
POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Yunex LLC shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex LLC and shall not enter into a settlement without Yunex LLC' consent. Yunex LLC is not responsible for any settlement made without its prior written consent. If the Product, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex LLC will, at its option and expense, either: (i) procure for Buyer the right to continue using said Product; (ii) replace it with substantially equivalent non-infringing Product; or (iii) modify the Product so it is non-infringing.
Yunex LLC will have no duty or obligation under this Article 11 if the Product is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Yunex LLC to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex LLC, Buyer must protect Yunex LLC in the same manner and to the same extent that Yunex LLC has agreed to protect Buyer under this Article 11.
THIS ARTICLE 11 IS AN EXCLUSIVE STATEMENT OF YUNEX LLC' DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
12. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing information, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Yunex LLC has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser's confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex LLC' policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex LLC from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex LLC confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy.
13. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Products.
14. CHANGES IN WORK. No change will be made to the scope of work unless Buyer and Yunex LLC agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Yunex LLC' obligations or performance under this Agreement, Yunex LLC may request a change order for an equitable adjustment in the price and time of performance.
15. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
16. MODIFICATION OF TERMS. This Agreement may only be modified by a written instrument signed by authorized representatives of both parties.
17. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement, without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent, to any parent, wholly owned subsidiary, or affiliate or affiliate's successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party's assets). However, Buyer shall not assign this Agreement to: a competitor of Yunex LLC; an entity in litigation with Yunex LLC; or an entity lacking the financial capability to satisfy Buyer's obligations. Any assignee expressly assumes the performance of any obligation assigned. Yunex LLC may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer's consent.
18. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH YUNEX LLC AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Yunex LLC maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
19. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties' original intent.
20. EXPORT / IMPORT COMPLIANCE. Buyer acknowledges that Yunex LLC is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements. Buyer agrees that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Yunex LLC' continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
21. PRODUCT RETURNS. Prior to the return of any Product to Yunex LLC, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Yunex LLC. Yunex LLC has the right, in its sole discretion, to permit or reject any such return. Yunex LLC' authorization to return any Product to Yunex LLC does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Yunex LLC, Yunex LLC will issue a credit memo to Buyer, less applicable re-stocking fees. Yunex LLC reserves the right to reject any hazardous material.
22. NUCLEAR. Unless expressly authorized in writing by Yunex LLC, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Yunex LLC harmless, and waives and will require its insurers to waive all right of recovery against Yunex LLC for any damage, loss, destruction, injury or death resulting from a "nuclear incident," as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Yunex LLC' negligence. Yunex LLC' consent to Buyer's use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Yunex LLC deems necessary to protect its interests.
23. SURVIVAL. The articles titled "Patent and Copyright Infringement," "Limitation of Liability," "Confidentiality," "Delivery; Title; Risk of Loss," "Export / Import Compliance," and "Nuclear" survive termination, expiration or cancellation of this Agreement.
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 1 of 14
2.000 HR @
110.25 per HR
220.50 0.00
SERVICE
BUCKET
TRUCK
2.000 HR @
29.40 per HR
58.80 0.00
1.500 HR @
136.00 per HR
204.00 0.00
SERVICE
BUCKET
TRUCK
1.500 HR @
29.40 per HR
44.10 0.00
1.500 HR @
110.25 per HR
165.38 0.00
SERVICE
BUCKET
TRUCK
1.500 HR @
29.40 per HR
44.10 0.00 TS Hay
/ Wilcox
Date Completed:08/11/2023 Work Order:8000011562 Contract #:7000000022 Description : Stuck on all red
Response :Fnd intersection up and running and ops seem ok - monitored cycling ok as needed and w/w - fnd nb nec grn b/o - notified other area tech to follow up as needed with grn led.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)Vi
sit Total 279.30 0.00
Total 279.30
TS Wilcox / Montebello Plaza
Date Completed:08/05/2023 Work Order:8000011602 Contract #:7000000022 Description : I/S in Flash
Response :Call - I/S is B/O. Found Stop signs out out by city and I/S B/O. Controller was also B/O. Installed spare controller and implemented timing. Picked up stop signs and reset I/S.
OPS, WW.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(OT)
Visit Total 248.10 0.00
Total 248.10
TS Montebello / La Merced
Date Completed:08/16/2023 Work Order:8000011653 Contract #:7000000022 Description : Grn b/o no direction given
Response :not verified - fnd all indications and ops working well Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Visit Total 209.48 0.00
Total 209.48
TS Whittier Blvd / Wilcox Avenue
Date Completed:08/16/2023 Work Order:8000011654 Contract #:7000000022 Description : Sec grn light out
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 2 of 14
1.000 PC @
111.30 per PC
111.30 0.00
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
1.500 HR @
136.00 per HR
204.00 0.00
SERVICE
BUCKET
TRUCK
1.500 HR @
29.40 per HR
44.10 0.00
Visit Total 248.10 0.00
Total 248.10
1.000 PC @
111.30 per PC
111.30 0.00
8" LED signal
(Yel - Ball)
1.000 PC @
111.30 per PC
111.30 0.00 Re
sponse :observed sb ovh grn b/o - r/r with new 12" grn ball led tinted - hooked up and tested and fnd ops w/w - ok
Item Qty and Unit Cost Extra Charges Routine Charges
"Replace 12""
Green Ball
Led"
Visit Total 111.30 0.00
Total 111.30
TS Via Campo / Garfield
Date Completed:08/18/2023 Work Order:8000012136 Contract #:7000000022 Description : SEC SIGNAL HIT & DAMAGED
Response :CALL SEC SIGNAL HIT AND DAMAGED NOT VERIFIED OBS ALL SIGNAL WITH NO DAMAGE.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Visit Total 139.65 0.00
Total 139.65
TS Greenwood / Date
Date Completed:08/09/2023 Work Order:8000012233 Contract #:7000000022 Description : CHK TIMING SHORT GRN
Response :Call - Short GRN check Timing. Timing Good. Call not Verified.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(OT)TS W
ilcox / Hay (FL)
Date Completed:08/11/2023 Work Order:8000012255 Contract #:7000000022 Description : BLACKED OUT 8# GREEN LED
Response :Call - Headed to I/S and found N/E/C-N/B GRN B/O and RED Faded. Changed out both w/New GRN and RED LEDS. OPS, WW.
Item Qty and Unit Cost Extra Charges Routine Charges
8" LED signal
(Grn - Ball)
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 3 of 14
2.500 HR @
110.25 per HR
275.63 0.00
SERVICE
BUCKET
TRUCK
2.500 HR @
29.40 per HR
73.50 0.00
12" tunnel
visor
1.000 PC @
30.43 per PC
1.000 PC @
111.30 per PC
111.30 0.00
1.000 PC @
111.30 per PC
111.30 0.00 Vi
sit Total 222.60 0.00
Total 222.60
TS Washington / Maple
Date Completed:08/16/2023 Work Order:8000012464 Contract #:7000000022 Description : Signal facing wrong direction near Arco
Response :Headed to call and Found S/W/C-S/B 10' S/H and P/H turned wrong way and one visor damaged. Turned S/H and P/H back into place and replaced damaged Visor w/New.
OPS, WW. Mike assisted with traffice control.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
30.43 0.00
Visit Total 379.56 0.00
Total 379.56
TS Montebello / La Merced
Date Completed:08/10/2023 Work Order:8000012568 Contract #:7000000022 Description : N. Side GRN light of Xwalk Non-Op
Response :Call - Found N/E/C-E/B GRN LED B/O. Changed out w/New GRN LED. OPS, WW.
Item Qty and Unit Cost Extra Charges Routine Charges
"Replace 12""
Green Ball
Led"Vi
sit Total 111.30 0.00
Total 111.30
TS Garfield / Pomona
Date Completed:08/17/2023 Work Order:8000012604 Contract #:7000000022 Description : EB OR WB YELLOW BLACKED OUT
Response :Fnd wb traffic only - fnd wb ovh yel b/o - fnd needed traffic control assist - 10-23 for assist - r/r with new 12' yel ball led tinted - hooked up and fnd ops w/w - also cleaned detector camera as needed and fnd ops w/w - ok.
Item Qty and Unit Cost Extra Charges Routine Charges
"Replace 12""
Yellow Ball
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 4 of 14
Visit Total 111.30 0.00
Total 111.30
TS Beverly / Bradshawe
Date Completed:08/19/2023 Work Order:8000012745 Contract #:7000000022 Description : CALL PD I/S BO
Response :CALL I/S BO VERIFIED OBS SAFTEY LIGHTS ON CHECKED SERVICE OBS BREAKER TRIPPED. TURN BREAKER BACK ON I/S ON FLASH RESET I/S ALL OPS W.W.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(OT)
2.000 HR @
136.00 per HR
272.00 0.00
SERVICE
BUCKET
TRUCK
2.000 HR @
29.40 per HR
58.80 0.00
Visit Total 330.80 0.00
Total 330.80
TS Montebello / Lincoln
Date Completed:08/20/2023 Work Order:8000012755 Contract #:7000000022 Description : I/S Flash
Response :CALL I/S FLASH-VER#D OBS CMU ON WDT ERROR POSSIBLE POWER OUTAGE. CHECKED TIMING ALL OK RESET CONTROLLER ALL OPS W.W Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(PT)
2.000 HR @
162.75 per HR
325.50 0.00
SERVICE
BUCKET
TRUCK
2.000 HR @
29.40 per HR
58.80 0.00
Visit Total 384.30 0.00
Total 384.30
TS Greenwood / Union
Date Completed:08/20/2023 Work Order:8000012758 Contract #:7000000022 Description : I/S FLASH
Response :CALL I/S FLASH-VERIFIED OBS CMU ON WDT ERROR POSSIBLE POWER OUTAGE. CHECKED TIMING ALL OK RESET CONTROLLER ALL OPS W.W.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(PT)
2.000 HR @
162.75 per HR
325.50 0.00
SERVICE
BUCKET
TRUCK
2.000 HR @
29.40 per HR
58.80 0.00
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 5 of 14
ELECTRICIAN
(PT)
4.000 HR @
162.75 per HR
651.00 0.00
SERVICE
BUCKET
TRUCK
4.000 HR @
29.40 per HR
117.60 0.00
FLASHER 2.000 PC @
55.77 per PC
111.54 0.00
Visit Total 880.14 0.00
Total 880.14
TS Garfield / Pomona
Date Completed:08/22/2023 Work Order:8000012917 Contract #:7000000022 Description : NB L/T YLW SIGNAL DOOR OPEN
Response :Found nb ovh yel door slightly open - shut as needed and secured - ops w/w.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
2.500 HR @
110.25 per HR
275.63 0.00
SERVICE
BUCKET
TRUCK
2.500 HR @
29.40 per HR
73.50 0.00
Visit Total 349.13 0.00
Visit Total 384.30 0.00
Total 384.30
Date Completed:08/20/2023 Work Order:8000012783 Contract #:7000000022 Description : MULTIPLE I/S BLACKED OUT
Response :CALL I/S BO
Greenwood / Beech- NOT VERIFIED OBS I/S ON FLASH- CHECKED TIMING ALL OK REST I/S ALL OPS W.W
Greenwood / Mines- I/S BO VERIFIED OBS METER WITH POWER CHECKED CABINET FLASHER BAD. INSTALLED NEW 204 FLASHER CMU ON WDT ERROR CHECKED TIMING RESET I/S ALL OPS W.W
Whittier / 10th-NOT VERIFIED I/S UP AND RUNNING NORMAL OPS
CALL I/S BO
Greenwood / Beech- NOT VERIFIED OBS I/S ON FLASH- CHECKED TIMING ALL OK REST I/S ALL OPS W.W
Greenwood / Mines- I/S BO VERIFIED OBS METER WITH POWER CHECKED CABINET FLASHER BAD. INSTALLED NEW 204 FLASHER CMU ON WDT ERROR CHECKED TIMING RESET I/S ALL OPS W.W
Whittier / 10th-NOT VERIFIED I/S UP AND RUNNING NORMAL OPS Item Qty and Unit Cost Extra Charges Routine Charges
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 6 of 14
Total 349.13
TS Olympic / Montebello
Date Completed:08/28/2023 Work Order:8000013858 Contract #:7000000022 Description : EB/WB STUCK ON RED
Response :Not verified - fnd intersection in flash - fnd in RxR flash with RxR arms down - monitored and fnd arms stuck down - notified UPRR about ops - will follow up if needed - ops left as is.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
2.000 HR @
110.25 per HR
220.50 0.00
SERVICE
BUCKET
TRUCK
2.000 HR @
29.40 per HR
58.80 0.00
Visit Total 279.30 0.00
Total 279.30
TS Olympic / Vail
Date Completed:08/28/2023 Work Order:8000013880 Contract #:7000000022 Description : SB SIGNAL TURNED
Response :Aligned signal as needed and secured - fnd yel indication visor missing and grn visor hanging - fnd had to repair grn indication visor as needed and secured back on - fnd ops ok - w/w.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
ELECTRICIAN
(OT)
2.500 HR @
136.00 per HR
340.00 0.00
SERVICE
BUCKET
TRUCK
2.500 HR @
29.40 per HR
73.50 0.00
9910-7000 - 1.000 PC @ 827.39 0.00 Visit Total 139.65 0.00
Total 139.65
Date Completed:08/29/2023 Work Order:8000016727 Contract #:7000000022 Description : INTERSECTION ON FLASH
Response :Call - I/S was in Flash and found VDC Fail. Checked voltage on P/S, BAD.
Replaced P/S w/New. Reset I/S. OPS, WW.
Item Qty and Unit Cost Extra Charges Routine Charges
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 7 of 14
Power Supply
System
2.500 HR @
110.25 per HR
275.63 0.00
SERVICE
BUCKET
TRUCK
2.500 HR @
29.40 per HR
73.50 0.00
REPLACE
FUSE
1.000 PC @
10.00 per PC
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
ISNS Repair
(Relamp - 6')
2.000 PC @
13.32 per PC
26.64 0.00 827
.39 per PC
Visit Total 1,240.89 0.00
Total 1,240.89
TS Slauson / Chapin
Date Completed:08/29/2023 Work Order:8000016740 Contract #:7000000022 Description : NWC S/L B/O
Response :GOT MATERIALS FROM SHOP. R/R 1-10AMPS FUSE AT NWC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
10.00 0.00
Visit Total 359.13 0.00
Total 359.13
TS Telegraph / Slauson
Date Completed:08/29/2023 Work Order:8000016741 Contract #:7000000022 Description : SWC ISNS B/O
Response :T/S & FOUND WIRES ARE MISSING AT H/H/C TO LB. WILL F/U WITH NEW WIRES LATER.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Visit Total 139.65 0.00
Total 139.65
TS Greenwood / Sycamore Connector
Date Completed:08/29/2023 Work Order:8000016742 Contract #:7000000022 Description : NEC ISNS B/O
Response :R/R 2-F72T12CW TUBES AT NEC ISNS.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 8 of 14
LAMP FLR
F72T12 55W
2.000 PC @
0.00 per PC
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
SL HPS 200W
( H137 )
1.000 PC @
33.20 per PC
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
0.00 0.00
Visit Total 166.29 0.00
Total 166.29
TS Vail Avenue / Flotilla Street
Date Completed:08/29/2023 Work Order:8000016743 Contract #:7000000022 Description : SWC S/L B/O
Response :R/R 1-200W HPS BULB AT SWC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
33.20 0.00
Visit Total 172.85 0.00
Total 172.85
TS Washington / Greenwood
Date Completed:08/29/2023 Work Order:8000016744 Contract #:7000000022 Description : SEC TYPE 15 POLE B/O
Response :T/S-FOUND NO POWER TO POLE. COULD NOT GET INSIDE P/B TO REPLACE FUSE DUE TO LID IS STUCK TO P/B. WILL NEED TO BREAK LID BUT NO NEW #6 LID TO REPLACE IT. WILL F/U LATER.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Visit Total 139.65 0.00
Total 139.65
TS Olympic / Greenwood
Date Completed:08/29/2023 Work Order:8000016745 Contract #:7000000022 Description : ALL S/L & ISNS ARE B/O
Response :T/S- FOUND MISSING PEC INSIDE SERVICE. INSTALLED 1 PEC AND CHK OPS. ALL ARE WORKING OK.
Item Qty and Unit Cost Extra Charges Routine Charges
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 9 of 14
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
REPL
PHOTOCELL
1.000 PC @
14.01 per PC
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
REPL
PHOTOCELL
1.000 PC @
14.01 per PC
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
CAPACITOR 1.000 PC @
60.35 per PC
14.01 0.00
Visit Total 153.66 0.00
Total 153.66
TS Montebello / Cleveland
Date Completed:08/29/2023 Work Order:8000016746 Contract #:7000000022 Description : ALL S/L ARE B/O
Response :R/R 1-PEC INSIDE SERVICE DUE TO MISSING. CHK OPS AND W/W.
Item Qty and Unit Cost Extra Charges Routine Charges
14.01 0.00
Visit Total 153.66 0.00
Total 153.66
TS Montebello / La Merced
Date Completed:08/29/2023 Work Order:8000016747 Contract #:7000000022 Description : NEC S/L B/O
Response :R/R 1 CAPACITOR AT NEC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
60.35 0.00
Visit Total 200.00 0.00
Total 200.00
TS Montebello / Victoria
Date Completed:08/29/2023 Work Order:8000016748 Contract #:7000000022 Description : NEC S/L B/O
Response :R/R 1 CAPACITOR. CHK OPS AND W/W.
Item Qty and Unit Cost Extra Charges Routine Charges
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 10 of 14
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
CAPACITOR 1.000 PC @
60.35 per PC
60.35 0.00
Visit Total 200.00 0.00
Total 200.00
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
SL HPS 200W
( H137 )
1.000 PC @
33.20 per PC
33.20 0.00
Visit Total 172.85 0.00
Total 172.85
1.000 HR @
136.00 per HR
136.00 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
SL HPS 250W
( H131 )
1.000 PC @
33.20 per PCTS How
ard / Lincoln
Date Completed:08/29/2023 Work Order:8000016749 Contract #:7000000022 Description : SWC S/L B/O
Response :R/R 1-200W HPS BULB AT SWC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)TS W
ilcox / Madison
Date Completed:08/29/2023 Work Order:8000016750 Contract #:7000000022 Description : SWC S/L B/O
Response :R/R1-250W HPS BULB AT SWC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(OT)
33.20 0.00
Visit Total 198.60 0.00
Total 198.60
TS Whittier Blvd / Concourse
Date Completed:08/29/2023 Work Order:8000016751 Contract #:7000000022 Description : ALL S/L ARE B/O
Response :R/R 1 PEC INSIDE TYPE III SERVICE DUE TO MISSING (VANDALIZED).
Item Qty and Unit Cost Extra Charges Routine Charges
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 11 of 14
ELECTRICIAN
(OT)
2.000 HR @
136.00 per HR
272.00 0.00
SERVICE
BUCKET
TRUCK
2.000 HR @
29.40 per HR
58.80 0.00
REPL
PHOTOCELL
1.000 PC @
14.01 per PC
14.01 0.00
Visit Total 344.81 0.00
Total 344.81
TS Whittier Blvd / Montebello
Date Completed:08/30/2023 Work Order:8000016771 Contract #:7000000022 Description : NB L/T STUCK ON RED
Response :Fnd due to nb lt closed for construction work at s/s leg - fnd no sign out for "no lt/uturn" - notified contractor on site to place up needed signage - ops ok.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
2.500 HR @
110.25 per HR
275.63 0.00
SERVICE
BUCKET
TRUCK
2.500 HR @
29.40 per HR
73.50 0.00
SL HPS 250W
( H131 )
2.000 PC @
33.20 per PC
66.40 0.00
Visit Total 415.53 0.00
Total 415.53
TS Beverly / Rea
Date Completed:08/30/2023 Work Order:8000016833 Contract #:7000000022 Description : ALL S/L ARE B/O
Response :T/S-FOUND MISSING JUMPER AT METER SOCKET DUE TO VANDALIZED.
Visit Total 139.65 0.00
Total 139.65
TS Washington / Bluff
Date Completed:08/30/2023 Work Order:8000016832 Contract #:7000000022 Description : SEC & SWC S/L#S ARE B/O
Response :GOT MATERIALS AT SHOP. R/R 2-250W HPS BULBS AT SEC & SWC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 12 of 14
INSTALLED NEW JUMPER AND SECURED METER COVER. TESTED LIGHTS AT
LOCATION AND W/W
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
IGNITOR 1.000 PC @
57.26 per PC
57.26 0.00
Visit Total 196.91 0.00
Total 196.91
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
ISNS Repair
(Relamp - 6')
2.000 PC @
13.32 per PC
26.64 0.00
Visit Total 166.29 0.00
Total 166.29
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
SL HPS 250W
( H131 )
1.000 PC @
33.20 per PC
33.20 0.00
Visit Total 172.85 0.00
Total 172.85
TS Beverly / Taylor
Date Completed:08/30/2023 Work Order:8000016834 Contract #:7000000022 Description : SEC ISNS B/O
Response :R/R 2-F72T12CW TUBES AT SEC ISNS.
Item Qty and Unit Cost Extra Charges Routine Charges LTS Beverl y / Hay
Date Completed:08/30/2023 Work Order:8000016835 Contract #:7000000022 Description : NEC S/L B/O
Response :R/R1-250W HPS BULB & 1 GE IGNITOR AT NEC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 13 of 14
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
2.500 HR @
110.25 per HR
275.63 0.00
SERVICE
BUCKET
TRUCK
2.500 HR @
29.40 per HR
73.50 0.00
Visit Total 349.13 0.00
Total 349.13
ELECTRICIAN
(RT)
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
ISNS Repair
(Relamp - 6')
2.000 PC @
33.20 per PC
66.40 0.00
Visit Total 206.05 0.00 TS Monte bello / Cleveland
Date Completed:08/31/2023 Work Order:8000016904 Contract #:7000000022 Description : Flaah
Response :Found cmu shows wet error and controller with BADA - placed in cab flash and ck dopa - fnd able to reset and programmed per city timing sheet - reset cmu and then intersection and fnd ops w/w - w/m ok.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)Vi
sit Total 139.65 0.00
Total 139.65
TS Garfield / Via Paseo
Date Completed:08/31/2023 Work Order:8000016924 Contract #:7000000022 Description : ALL ISNS & S/L ARE B/O
Response :WENT TO SHOP AND P/U MATERIALS. T/S-FOUND NO POWER TO POLES.
CHK BREAKER BOX AND FOUND 30AMPS BREAKER TRIPPED. RESET BREAKER & TESTED LIGHTS AND ALL W/W.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
TS Lincoln / Maple
Date Completed:08/31/2023 Work Order:8000016925 Contract #:7000000022 Description : NWC ISNS B/O
Response :R/R 2-F72T12CW TUBES AT NWC ISNS
Item Qty and Unit Cost Extra Charges Routine Charges L
Traffic Signal Maintenance for CITY OF MONTEBELLOW
ork Order Completion Period : 08/01/2023 to 08/31/2023
CITY OF MONTEBELLO - Generic
Yunex GmbH 14 of 14
1.000 HR @
110.25 per HR
110.25 0.00
SERVICE
BUCKET
TRUCK
1.000 HR @
29.40 per HR
29.40 0.00
SL HPS 200W
( H137 )
1.000 PC @
33.20 per PC
33.20 0.00
Visit Total 172.85 0.00
Total 172.85
ELECTRICIAN
(RT)
1.500 HR @
110.25 per HR
165.38 0.00
SERVICE
BUCKET
TRUCK
1.500 HR @
29.40 per HR
44.10 0.00
ISNS Repair
(Relamp - 6')
2.000 PC @
13.32 per PC
26.64 0.00
Visit Total 236.12 0.00
Total 236.12
Extra Charges Routine Charges Total Charges
Report Total 10,645.38 0.00 10,645.38 Locations
Serviced
Total 40
Total 206.05
TS Whittier Blvd / Concourse
Date Completed:08/31/2023 Work Order:8000016926 Contract #:7000000022 Description : SEC S/L CYCLE
Response :R/R 1-200W HPS BULB AT SEC S/L.
Item Qty and Unit Cost Extra Charges Routine Charges
ELECTRICIAN
(RT)
TS Wilcox / Lincoln
Date Completed:08/31/2023 Work Order:8000016927 Contract #:7000000022 Description : NWC ISNS BLACKED OUT
Response :R/R 2-F72T12CW TUBES AT NWC ISNS. UNLOADED TRASH AT SHOP.
Item Qty and Unit Cost Extra Charges Routine Charges
__ __
__ __
Invoice
Invoice No Date
5610284277 07/18/2023Cu
stomer No
30464259 Page 1 of 3
Cust PO No Cust PO Date Quotation No
Email 05/17/2022
Sales Order No Sales Ord Date Lock Box No
3009099065 05/17/2022 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms: Free on board
ORIGIN
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
Price
200 TYZ:RCM_MFX_INTRSC PC 1 14,495.00
Montebell & LincolnNew Type 17BPoleShaft
Montebello/Lincoln
Furnish and install Type 17B shaft on SEC existing foundation Furnish and install a new Type 17B-1-70 pole shaft at the subject location above on the existing foundation. Re-using the existing mast arm, luminaire arm, and IISNS. Furnish and install a new 12" 3-section MAS signal head with R,Y,G thru
indications, SV-1-T LOD framework, 12" 3-section LOD signal head with R,Y,G thru indications and SP-1-T LOD with LED
countdown module and new LED fixture. Install all necessary wiring and check for proper operations.
Total Wt.: 0 KG Currency: USD Invoice Total: 14,495.00 Payment Terms: Net Due 30 Days Net Due By: 08/17/2023
"These items are controlled by the U.S. Government (when labeled with "ECCN" unequal "N") and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations. Items labeled with "AL" unequal "N" are subject to European / national export authorization. Items without label, with label "AL:N" / "ECCN:N" or label "AL:9X9999" / "ECCN: 9X9999" may require authorization from responsible authorities depending on the final end-use, or the destination." "We hereby certify that these goods were produced in compliance with all the applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and regulations and orders of the United States Department of Labor issued under Section 14, thereof."
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YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum. (b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access. (d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT, INTEREST,
GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF POWER,
VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the __
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claims. Yunex LLC shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex LLC and shall not enter into a settlement without Yunex LLC' consent. Yunex LLC is not responsible for any settlement made without its prior written consent. If the Product, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex LLC will, at its option and expense, either: (i) procure for Buyer the right to continue using said Product; (ii) replace it with substantially equivalent non-infringing Product; or (iii) modify the Product so it is non-infringing.
Yunex LLC will have no duty or obligation under this Article 11 if the Product is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Yunex LLC to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex LLC, Buyer must protect Yunex LLC in the same manner and to the same extent that Yunex LLC has agreed to protect Buyer under this Article 11.
THIS ARTICLE 11 IS AN EXCLUSIVE STATEMENT OF YUNEX LLC' DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
12. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing information, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Yunex LLC has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser's confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex LLC' policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex LLC from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex LLC confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy.
13. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Products.
14. CHANGES IN WORK. No change will be made to the scope of work unless Buyer and Yunex LLC agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Yunex LLC' obligations or performance under this Agreement, Yunex LLC may request a change order for an equitable adjustment in the price and time of performance.
15. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
16. MODIFICATION OF TERMS. This Agreement may only be modified by a written instrument signed by authorized representatives of both parties.
17. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement, without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent, to any parent, wholly owned subsidiary, or affiliate or affiliate's successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party's assets). However, Buyer shall not assign this Agreement to: a competitor of Yunex LLC; an entity in litigation with Yunex LLC; or an entity lacking the financial capability to satisfy Buyer's obligations. Any assignee expressly assumes the performance of any obligation assigned. Yunex LLC may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer's consent.
18. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH YUNEX LLC AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Yunex LLC maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
19. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties' original intent.
20. EXPORT / IMPORT COMPLIANCE. Buyer acknowledges that Yunex LLC is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements. Buyer agrees that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Yunex LLC' continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
21. PRODUCT RETURNS. Prior to the return of any Product to Yunex LLC, Buyer must identify the Product or portion thereof and obtain written authorization and shipping instructions from Yunex LLC. Yunex LLC has the right, in its sole discretion, to permit or reject any such return. Yunex LLC' authorization to return any Product to Yunex LLC does not relieve Buyer of its obligation to pay for such Product. Upon receipt, inspection, and acceptance of the Product by Yunex LLC, Yunex LLC will issue a credit memo to Buyer, less applicable re-stocking fees. Yunex LLC reserves the right to reject any hazardous material.
22. NUCLEAR. Unless expressly authorized in writing by Yunex LLC, the Products must not be used in or in connection with a nuclear facility or application. If Buyer uses any Product in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Yunex LLC harmless, and waives and will require its insurers to waive all right of recovery against Yunex LLC for any damage, loss, destruction, injury or death resulting from a "nuclear incident," as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Yunex LLC' negligence. Yunex LLC' consent to Buyer's use of the Product in connection with any nuclear facility or application will be subject to additional terms and conditions that Yunex LLC deems necessary to protect its interests.
23. SURVIVAL. The articles titled "Patent and Copyright Infringement," "Limitation of Liability," "Confidentiality," "Delivery; Title; Risk of Loss," "Export / Import Compliance," and "Nuclear" survive termination, expiration or cancellation of this Agreement. __
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Invoice
Invoice No Date
5610284299 07/18/2023Cu
stomer No
30464259 Page 1 of 3
Cust PO No Cust PO Date Quotation No
Email 05/17/2022
Sales Order No Sales Ord Date Lock Box No
3009099065 05/17/2022 23433
Bill To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Sold To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Ship To:
CITY OF MONTEBELLO
1600 W BEVERLY BLVD
MONTEBELLO CA 90640
Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To:
Yunex LLC
PO Box 23433
New York NY 10087
Yunex LLC
New York
ABA# 021000021
Swift: CHASUS33
Account: 789161756
Send Remittance Instructions to:
[email protected]
JPMorgan Chase - New York
Account Name Yunex LLC
Bank Swift BIC CHASUS33
Routing Number 021000021
Account Number 789161756
Delivery#: Ship Date:
INCO Terms: Free on board
ORIGIN
Line
Item Material Number/Description U/M Invoice
Qty
Unit
Price
Total
Price
600 TYZ:RCM_MFX_INTRSC PC 1 14,595.00
Flotilla & Vail; Install new Type 19 Pol
Vail/Flotilla
Furnish and install Type 19-4-80 1992 pole shaft
Load existing pole, mast arm and luminaire arm from yard. Remove temporary 1A pole at location. Patch holes on the existing pole shaft and install on existing foundation. We will be reusing the existing mast arm, lumimnaire arm, ped indicators, and
IISNS. Use new 12" 3 Section head with R,Y,G thru indicators, SV-2-T framework to convert previously installed TV-2-T heads
from 1A pole. Relocate new equipment from 1A temp pole to the Type 19 pole. Install new Leotek LED fixture and pedestrian push button assembly. Bring back temp 1A plate/pole to Anaheim. Use new LB for IISNS.
Total Wt.: 0 KG Currency: USD Invoice Total: 14,595.00 Payment Terms: Net Due 30 Days Net Due By: 08/17/2023
"These items are controlled by the U.S. Government (when labeled with "ECCN" unequal "N") and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations. Items labeled with "AL" unequal "N" are subject to European / national export authorization. Items without label, with label "AL:N" / "ECCN:N" or label "AL:9X9999" / "ECCN: 9X9999" may require authorization from responsible authorities depending on the final end-use, or the destination." "We hereby certify that these goods were produced in compliance with all the applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and regulations and orders of the United States Department of Labor issued under Section 14, thereof."
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YUNEX LLC TERMS AND CONDITIONS OF SALE FOR PRODUCTS
1. APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Yunex LLC ("Products"). Any applicable addenda, these terms, Yunex LLC proposal, price quote, purchase order, or acknowledgement issued by Yunex LLC form the parties' final agreement ("Agreement"). In the event of a conflict between these documents, precedence shall apply in accordance with the order listed in the previous sentence. Yunex LLC' proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer's request for proposal, specifications, purchase order or any other written or oral communication are not binding on Yunex LLC unless separately signed by Yunex LLC. Yunex LLC' failure to object to Buyer's additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Yunex LLC' proposal, or if none are stated; (ii) Yunex LLC' standard prices in effect when Yunex LLC receives Buyer's purchase order; or if neither (i) or (ii) apply, then Yunex LLC' standard prices in effect when the Products ship. (a) Payment. Unless stated in Yunex LLC' proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars. (b) Credit Approval. All orders are subject to credit approval by Yunex LLC. Yunex LLC may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Yunex LLC may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Yunex LLC may recover shipped Products from the carrier pending such assurances.
(c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the non-compliant portion. Buyer will separately pay for each shipment. If Yunex LLC holds or stores Products for Buyer, it shall do so at Buyer's sole risk and expense. (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Yunex LLC, Yunex LLC' prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Yunex LLC. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Yunex LLC harmless from any taxes, costs and penalties arising from same. Yunex LLC' prices include the costs of its standard domestic packing only. Any packing deviation, including U.S. Government sealed packing, will be charged to Buyer. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer's account.
(e) Late Payments. Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower. (f) Disputed Invoice. If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Yunex LLC of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Yunex LLC of any dispute constitutes a waiver of Buyer's claim. If Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (g) Suspension/Termination Right. Yunex LLC may suspend work if an undisputed invoice is more than thirty (30) days past due. Yunex LLC may terminate this Agreement if an undisputed invoice is more than sixty (60) days past due. Unless prohibited by law, Yunex LLC may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to, bankruptcy, insolvency, liquidation or similar financial condition.
3. DELIVERY; TITLE; RISK OF LOSS. Products will be delivered F.O.B. Yunex LLC point of shipment with title and risk of loss or damage passing to Buyer at that point. Buyer is responsible for all transportation, insurance and related expenses. The related expenses shall include any taxes, duties or documentation fees. Yunex LLC may make partial shipments. Any shipping, delivery and installation dates are estimated dates only. Yunex LLC is not liable for any loss or expense incurred by Buyer or Buyer's customers if Yunex LLC fails to meet its delivery schedule.
4. DEFERMENT AND CANCELLATION. Buyer has no right to defer shipment but may cancel this Agreement on thirty (30) days written notice if Yunex LLC has not already performed. If Buyer cancels this Agreement, it shall pay all cancellation charges including, without limitation: (i) the full price for any finished Product; (ii) for partially completed product, the portion of the price determined to be due by Yunex LLC based on its percentage of completion of the Product; (iii) reasonable overhead and profit; and (iv) any payments due subcontractors and/or suppliers for any materials, components or products ordered which cannot be cancelled, refunded, or redirected for other beneficial use.
5. TRANSPORTATION AND STORAGE. (a) When Products are ready for shipment, Yunex LLC will: (i) inform Buyer, and Buyer will then promptly give shipping instructions to Yunex LLC; (ii) determine the method of transportation and shipment routing; and (iii) ship the Products with freight prepaid by normal transportation. If Buyer fails to provide timely shipping instructions, Yunex LLC will ship the Products by normal transportation means to Buyer or to a storage location selected by Yunex LLC. Buyer will pay or reimburse any excess transportation charges for special or expedited transportation.
(b) If Products are placed into storage, delivery occurs and risk of loss transfers to Buyer when the Products are placed on the carrier for shipment to the storage location. If the Products are to be stored in the facility where manufactured, delivery occurs and risk of loss transfers to Buyer when placed in the storage location.
Buyer will pay all Yunex LLC' storage expenses, including but not limited to, preparation for and placement into storage, handling, freight, storage, inspection, preservation, maintenance, taxes and insurance, upon receipt of an invoice(s) from Yunex LLC. When conditions permit and upon payment to Yunex LLC of all amounts due, Buyer must arrange, at its expense, to remove the Products from storage. Buyer bears the risk of loss, damage or destruction to Products in storage.
6. FORCE MAJEURE / DELAYS. If Yunex LLC' performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, Yunex LLC' time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay. Yunex LLC will notify Buyer within a reasonable time after becoming aware of any such delay.
7. BUYER'S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation.
Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer's contractors, successors or assigns to meet these obligations.
8. INDEMNITY. Yunex LLC and Buyer (each as an "Indemnitor") shall indemnify the other ("Indemnitee") from and against all third party claims alleging bodily injury, death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor's negligent acts or omissions. If the injury or damage is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Product(s) or Buyer's site is considered third party property.
Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee's behalf. The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.
9. WARRANTIES. (a) Warranties. Yunex LLC warrants that: (i) each Product is free from defects in material and workmanship; (ii) each Product materially conforms to Yunex LLC' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Yunex LLC has title to each Product free and clear of liens and encumbrances (collectively, the "Warranties"). The Warranties do not apply to software furnished by Yunex LLC. The sole and exclusive warranties for any software are set forth in the applicable Software License/Warranty Addendum. (b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by Yunex LLC or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Product in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the warranty period described below; (vi) at Yunex LLC' discretion, Buyer either removing and shipping the Product or non-conforming part thereof to Yunex LLC, at Buyer's expense, or granting Yunex LLC reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being in default of any payment obligation. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Yunex LLC under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer "as is" with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Yunex LLC does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access. (d) Warranty Period. Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Product or eighteen (18) months from shipment. Additionally, absent written notice within the warranty period, any use or possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties have been satisfied.
(e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Yunex LLC' discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited to the remainder of the original warranty period. Unless Yunex LLC agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Yunex LLC to perform its warranty obligations; (iii) transportation to and from the Yunex LLC factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this Warranty will become the property of Yunex LLC.
(f) Transferability. The Warranties are only transferable during the warranty period and only to the Product's initial end-user. (g) THE WARRANTIES IN THIS ARTICLE 9 ARE YUNEX LLC' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 10 BELOW. YUNEX LLC
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YUNEX LLC IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT, INTEREST,
GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF POWER,
VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.
YUNEX LLC' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY YUNEX LLC FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 10 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX LLC HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 10 EXTEND TO YUNEX LLC' AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.
11. PATENT AND COPYRIGHT INFRINGEMENT. Yunex LLC will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Product or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member's patent or misappropriation of a third party's trade secret or copyright in the country where the Product is delivered by Yunex LLC. Buyer will promptly give Yunex LLC written notice of the suit or proceeding and the authority, information, and assistance needed to defend the __
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